Disagreement and dispute often arises as a result of inadequate instructions, poor administration and difference of interpretation.
 
Disputes are costly; prevention is better than cure. Expert advice from a Chartered Building Surveyor can avoid or minimize the risk of potential disputes.
 
Where a dispute has arisen in respect of recently constructed buildings, surveys by others, or dilapidations, a Chartered Building Surveyor is the ideal choice as expert witness or Arbitrator.
 
We investigate, analyse and advise to meet our clients’ needs acting for The Court, Solicitors', Companies' or individuals'. We offer comprehensive and detailed reports to include:

• Defect analysis to all types of building
• Dilapidations/Scott Schedules
• Contract Administration Disputes
• Quality of Work and Costs
• Assess Surveys/Reports undertaken by other surveyors
• Boundary and Party Wall Matters (Party Wall Pyramus & Thisbe Club Member - UK organisation for specialists)
• Landlord and Tenant 
• Health & Safety
• Planning Matters
• Insolvency 
• Mediation as Mediator or Expert

Our reports comply with:

• The requirements of the Royal Institution of Chartered Surveyors as set down in the 'Surveyors Acting as Expert Witnesses; Practice Statement and Guidance Note.
• Part 35 of the Civil Procedure Rules (CPR35) and it's associated Practice Direction (PD35) 
• Protocol for the Instruction of Experts to give evidence in civil claims drafted by the Civil Justice Council

When comparing quotes you should bear in mind that Courts on various occasions have rejected expert evidence because it fails to meet the standards required; in particular the questions which have to be determined are whether:

• The person has relevant expertise; and
• He or she is aware of their primary duty to the court

We have the relevant expertise and know our duty as an expert witness is to the court. The report would include all matters relevant to the issues on which our expert evidence is given and undertaken by senior, very experienced Chartered Building Surveyors only.

Our Approach

Every client has unique requirements in terms of their service needs and their relationships with consultants. Our first priority is to understand your needs so that we can tailor our services to achieve the best value for money.
 
 We will then prepare a proposal which states clearly:

• Our understanding of your requirements
• The approach we will adopt
• The benefits you will obtain
• Our proposed fees

All of this is for discussion and agreement with you. We believe that successful projects result from a clear understanding of client requirements that are then implemented by high calibre and committed people.

Please contact us for a free no obligation initial discussion.

Mediation

We regularly advise parties on disputes arising out of international construction and concession contracts, helping our clients to reach realistic levels of settlement through a rigorous SWOT analysis for each particular case. 

Our aim is to help avoid costly and lengthy Arbitration and Litigation proceedings and safeguard valuable business relationships.

Litigation

Our recognised expertise and ability to call upon specialist technical and financial skills in-house has created strong relationships with the legal sector.

We regularly receive instructions from leading solicitors to provide expert quantum advice in cases of litigation.

Our expert witness and litigation support services provide the knowledge, experience and expertise to advise our client legal team on all matters of construction and concessions claims.

The team relies heavily upon its reputation and benefits from frequent repeat business throughout this field.

If you would like further no obligation advice or assistance with any aspect, please contact us.
 
This information is not intended to be a comprehensive review of all legal or other aspects referred to. Readers should take further appropriate advice before applying the information contained in this media to specific issues or problems.

Keeping "the neighbours" happy

The density of development within our larger towns and cities and increased awareness of environmental issues and legal rights of third parties have given rise to a range of different neighbour-related problems. 'Neighbourly Matters' is the term commonly applied to this collection of problems that developers must consider.

The Service

• Rights to light advice, technical analysis, negotiation & settlement of claims.
• Advice on daylighting and sunlighting amenity for planning submissions.
• Advice on party wall procedures under the Party Wall etc. Act 1996 and agreement of party wall awards.
• Negotiation of access agreements, including scaffold licences and crane oversail licences.
• Advice on the provisions of the Access to Neighbouring Land Act 1992.
• Advice on construction noise nuisance and the provisions of the Control of Pollution Act 1974 and Environmental Protection Act 1990.
• Boundary disputes.
• Rights of way and rights of escape.
• Preparation of schedules of condition.
• Acting as expert witness in arbitration and litigation.

Why Alderman Stone?

Alderman Stone has, for a long time, specialised in this wide-ranging field. Our practical knowledge of construction and our level of understanding of property law means we can lead our clients through these issues, while minimizing risk of dispute. We have the skills and resource to advise on even the biggest developments and a network of offices that ensures that geography is rarely a hindrance.

We are members of the specialist Pyramus & Thisbe Party Wall Club.
 
Our clients range from financial institutions and large property companies to housing associations and private individuals. We advise both developers and neighbours alike. With such experience on both sides of the fence, our pragmatism can often help avoid issues escalating.

Our rights to light service is supported by our bespoke computer program that enables us to generate light loss drawings and development envelopes by CAD. We pride ourselves on our responsiveness and our proactive approach.

If you would like further no obligation advice or assistance with any aspect, please contact us.

This information is not intended to be a comprehensive review of all legal or other aspects referred to. Readers should take further appropriate advice before applying the information contained in this media to specific issues or problems.

Sunshine and a View

A right to light is not personal - it runs with property / buildings. The legal right in England, Ireland, Wales and Northern Ireland is to light, not to sunshine or to a view, and the light must flow through a defined opening, usually a window. The sufficiency of light is regarded by the courts as to be 'sufficient for the ordinary notions of mankind' for: 

1. Comfortable use and enjoyment of a dwelling house;
2. Beneficial use of and occupation of a warehouse, shop or other place (office, etc).

The test for "sufficiency" is not based on the measure of light lost.

It is essential to be fully aware of the current regulations; knowing what action to take could possibly save you a great deal of time and expense in the future.

Two Traditional Myths

1) Planning Consent

Planners may or may not take into account adjoining owners objections about perceived over-shadowing and loss of light from a proposed development before they grant consent.
 
 Once consent has been granted this is not the end of the matter. Planning consent has no effect on easements, which are private property matters and not those of public policy. If the proposals have a harmful affect on an adjoining owner, he is entitled to make a claim to prevent the damage or have the structure removed. He may agree to accept compensation instead but cannot be forced to do so. His right is to the light; if he agrees to 'sell' that is the developer's bonus.

2) Scheme Design 45' Rule 

Many architects still practice and believe that in drawing 45' lines from neighboring sills; if they build below the line all will be fine.

This is a myth; buildings built below the line may well form an obstruction sufficient on which to found an action, while others built above the line may not. The shape and size of the adjoining windows are the key issues, not lines drawn from their sills. 

We provide advice and assistance to protect our clients’ interests acting for either the developer or adjoining owner.

Neighbourly Matters: Rights to Light

Illuminating the subject

If the amount of natural light received direct from the sky and enjoyed by a neighbour is reduced to an inadequate level by a development this will constitute a nuisance. English law offers protection against this in the form of injunctions and/or damages. 

Developers should always consider, as early as possible, the likely interference by a development with the Rights to Light of any neighbours. Damages (i.e. compensation) might prove to be an adequate remedy, but one should never rely on this, particularly with residential neighbours.

The Service

To developers, designers and neighbours alike:

• Advice on the likely interference of a development or extension on neighbours’ rights to light.
• Investigation of neighbours’ rights and consideration of legal documents
• Advice on risk of/potential for an injunction and possible compensation levels or other consideration.
• Detailed computer modeling, generation of light contour plans and calculation of loss of light.
• Negotiation and settlement of claims.
• Advice on Light Obstruction Notices and preventing acquisition of rights.

Why Alderman Stone?

All developments contain risks. Risk management is as applicable to rights to light as it is to any other development risk. Alderman Stone applies a qualitative, and not just quantitative, approach to the appraisal and management of the risk arising from rights to light to provide advice that is balanced and pragmatic. Alderman Stone has been advising developers and affected neighbours on rights to light for over 10 years. Our bespoke computer program enables us to generate light loss drawings and development envelopes efficiently and is compatible with AutoCAD software.

If you would like further no obligation advice or assistance with any aspect, please contact us.

This information is not intended to be a comprehensive review of all legal or other aspects referred to. Readers should take further appropriate advice before applying the information contained in this media to specific issues or problems.

Relationship Management

The landlord and tenant service is a specialist area of building surveying and the relationship between both parties is a complex one. Understanding this relationship requires experience in advising both landlords and tenants alike. Since its formation, Alderman Stone has assisted both parties, so that today, we are experienced in offering focused, balanced and commercial advice.

Before, during or at the end of a Lease, as a landlord or tenant, advice may be needed in respect of dilapidations. In the preparation, service and negotiation of a schedule or in defending against one that has been served. The only professional to safeguard the interests of the landlord or tenant is a Building Surveyor. 

We act for either Landlord or Tenant in the preparation, service and negotiation of interim and terminal schedules; or in defending against one that has been served. Acting for Landlord To identify Wants of Repair and ensure that remedial works are carried out by the tenant to comply with the lease terms or alternatively compensation is paid in lieu of dilapidations Acting for Tenant To act on behalf of a tenant in checking the validity of a dilapidations claim and negotiating a settlement with the Landlord or arranging for works to be carried out to comply. 

Noted below are some of the facets of the landlord and tenant relationship with which we are involved.

The Services:

• Preparation and negotiation of dilapidation schedules for landlords.
• Defence and negotiation of dilapidation claims for tenants.
• Preparing schedules of condition for new leases.
• Procurement of building works in compliance with repairing covenants.
• Checking, approving and monitoring tenant alteration work.
• Forensic analysis of service charge accounts and negotiations.
•  Strategic dilapidations advice on:  
  • tenant's liability on expiration of the lease term;
  • operation of break clauses; and
  • repair covenants in new leases.
• Acting as expert witness and court appointed expert in arbitration and litigation.
• Recovery of property under Landlord and Tenant Act 1954.
• Acquisition and disposal advice to landlords and tenants.
• Preparation of planned maintenance specifications for new leases

Why Alderman Stone?

Alderman Stone has provided advice to landlords and tenants for over 10 years. This focus has enabled us to keep abreast of the evolving law, practices and procedures surrounding the subject. Our reputation and client-base often brings us into contact with the leading barristers and solicitors.

We have a library service making comprehensive up-to-date information readily accessible. Such support assists the development of our technical expertise, in advance of changes in the environment. Alderman Stone is uniquely placed in a developing market, with both the information we gather and the team of professionals who have the specialist skills to make best use of the information.

Whilst we pride ourselves on the level of expertise that we can offer clients, we are equally proud of our pragmatism and our ability to take a balanced commercial view that we bring to each instruction.

Based on our comprehensive experience and knowledge on the legal issues involved.

Our Approach

Every client has unique requirements in terms of their service needs and their relationships with consultants. Our first priority is to understand your needs so that we can tailor our services to achieve the best value for money. 

We will then prepare a proposal which states clearly:

• Our understanding of your requirements
• The approach we will adopt
• The benefits you will obtain
• Our proposed fees

All of this is for discussion and agreement with you. We believe that successful projects result from a clear understanding of client requirements that are then implemented by high calibre and committed people. 

If you would like further no obligation advice or assistance with any aspect, please contact us.
 
This information is not intended to be a comprehensive review of all legal or other aspects referred to. Readers should take further appropriate advice before applying the information contained in this media to specific issues or problems.

The Construction (Design and Management) Regulations 2020 (CDM Regulations) are intended to ensure that health and safety issues are properly considered during a project’s development so that the risk of harm to those who have to build, use and maintain structures is reduced. 

Click here for the CDM Regulations 2020 Legislation

Click here for the HSE Guidance for Clients

The Service

• Competence: advice on the competence of designers, principal contractor, contractors and other members of the design team.
• Construction site safety, health and welfare audits.
• Audit of construction phase health and safety plans.
• Specialist author services: health and safety file compilation in a structured file format.
• Property portfolios for multi-property or multi-site owner/occupier: we are experts in the compilation of health and safety files and can produce and develop customised property portfolios that meet and exceed requirements.
• Software development (web enabled e-file): in support of the structured health and safety file, we can create a comprehensive computerised database of properties that is easy to use and details all attributes of the structure, including the maintenance and cleaning requirements. Ideal for single or multiple properties/sites with multi-user capability via internal intranet and/or the internet.

We offer a complete service; acting as Client's agent to meet Health and Safety legal requirements. 

PROPERTY OCCUPATION AND USE

We undertake Duties, Safety Audits and Risk Assessments covering areas such as: 

• CDM Designer and CDM Dutyholder - Construction & Design Management Regulations 2020 

• General workplace safety - The Management of Health and Safety at Work Regulations 1999
• Fire consultancy - The Regulatory Reform (Fire Safety) Order 2005 
• Asbestos or hazardous materials - The Control of Asbestos Regulations 2006 
• EC Workplace Directives, office lighting etc 
• Access for the disabled - Disability Discrimination Act 1995
• Glazing - critical areas to BS6206

Our Approach

Every client has unique requirements in terms of their service needs and their relationships with consultants. Our first priority is to understand your needs so that we can tailor our services to achieve the best value for money.

We will then prepare a proposal which states clearly:

• Our understanding of your requirements
• The approach we will adopt
• The benefits you will obtain
• Our proposed fees

All of this is for discussion and agreement with you. We believe that successful projects result from a clear understanding of client requirements that are then implemented by high calibre and committed people.
 
If you would like further no obligation advice or assistance with any aspect, please contact us.

This information is not intended to be a comprehensive review of all legal or other aspects referred to. Readers should take further appropriate advice before applying the information contained in this media to specific issues or problems.

Alderman Stone offer a value for money professional tailored service to meet each individual client's requirements. 

Our Survey Services

• Buildings are an investment, and the potential investor needs complete information before purchasing. An investigation in the form of a survey is necessary to identify what needs to be spent, the work necessary to return the investment to prime condition and maximize its potential. That survey will also establish and assess the costs in use in respect of repairs, and annual maintenance, and any structural modifications, which are essential or desirable.
• Advice on leasehold property for a prospective tenant or investor will follow the same principles both in respect of the particular demise and the building as a whole and will determine the extent of the service charge.
• A building survey is a requisite to any property purchase and should be carried out by a Building Surveyor.
• We provide comprehensive and detailed building or five year condition surveys and reports of single buildings or large portfolios; tailored to meet the needs of clients, whether as owners, tenants, investors or funders.
• We undertake sustainability and ecological surveys required for RSL's to achieve Housing Corporation funding, namely; Building for Life, Sustainable Code Assessment and Housing Quality Index.

Our Approach

Every client has unique requirements in terms of their service needs and their relationships with consultants. Our first priority is to understand your needs so that we can tailor our services to achieve the best value for money. 

We will then prepare a proposal which states clearly:

• Our understanding of your requirements
• The approach we will adopt
• The benefits you will obtain
• Our proposed fees

All of this is for discussion and agreement with you. We believe that successful projects result from a clear understanding of client requirements that are then implemented by high calibre and committed people. 

Applying the science

The scientific and analytical analysis of building defects is necessary to understand the cause of component failure and the condition, strength and durability of the building elements. The assessment of failure, or non-compliance with specification, has increasingly become a pre-requisite of dispute resolution and litigation.   

"Technical expertise and wide ranging experience of building construction is essential to correctly identify the cause of building defects. However, no assessment is complete without addressing the wider commercial issues affecting, for example, the value of any investment, the relationship between landlord and tenant or the health and safety of building occupants."

The Service

Instructions typically include inspection, analysis and reporting of the following:

• Roof durability assessments and leak detection
• All types of stone and masonry facades
• Water penetration and condensation
• Defective finishes, including coatings and sealants
• Cracking in buildings
• Fire or blast damage

Where appropriate, the analysis is supplemented by in situ testing or physical and chemical laboratory analysis.

Additional Services

• Concrete and deleterious material
• Sustainability
• Curtain walling, cladding and glazing
• Structural design and appraisals
• Conservation of the built environment  

Why Alderman Stone?

Alderman Stone brings together some of the unique skills within the practice and is recognized within the industry for its technical expertise and its highly commercial and pragmatic approach to problem solving and dispute resolution. Alderman Stone have highly specialised knowledge and undertake continual development.

If you would like further no obligation advice or assistance with any aspect, please contact us
 
This information is not intended to be a comprehensive review of all legal or other aspects referred to. Readers should take further appropriate advice before applying the information contained in this media to specific issues or problems. 

Executive Summary 
 
 Every building suffers damage or loss at some time during its life - adequate insurance minimizes the cost and disruption. The cost of rebuilding or reinstating has to be accurately forecast. Expert knowledge of construction costs, inflation trends and building taxes enables Alderman Stone to provide the assessment that is necessary to effect the correct level of insurance and to avoid costly over estimating, which results in high premiums. If damage does occur Alderman Stone will assess the damage and ensure the building is reinstated.
 
 We use our specialist detailed cost data systems and provide a full service for building reinstatement. 
 
 Our Approach
 
 Every client has unique requirements in terms of their service needs and their relationships with consultants. Our first priority is to understand your needs so that we can tailor our services to achieve the best value for money.
 
 We will then prepare a proposal which states clearly:

• Our understanding of your requirements
• The approach we will adopt
• The benefits you will obtain
• Our proposed fees

All of this is for discussion and agreement with you. We believe that successful projects result from a clear understanding of client requirements that are then implemented by high calibre and committed people.
 
 If you would like further no obligation advice or assistance with any aspect, please contact us
 
 This information is not intended to be a comprehensive review of all legal or other aspects referred to. Readers should take further appropriate advice before applying the information contained in this media to specific issues or problems.