building surveying journal march april 2015

Incorporating Building Conservation Journal

Building Surveying Journal

March/April 2015rics.org/journals

BUILDING CONSERVATIONArresting developmentRevitalising heritage skills in Hong Kong

PG 28

Keeping up to dateWhy continuing professional development matters for practitioners

PG 8

On course Progress in industry education and training initiatives

PG 6

Skills for the futureGetting familiar with innovative technologies PG 10

http://www.rics.org/journals

2 M A R C H /A P R I L 2 0 1 5

A DV E RT I S I N GRICS BUILDING SURVEYING JOURNAL

Find out more and secure your place: e [email protected] t 024 7686 8584 w rics.org/jctdesignandbuild

JCT Design and Build Contract: Practical Training Widely used on projects where the contractor carries out both the design and construction work, gain knowledge on the specific nuances of the JCT Design and Build Contract

Learning Outcomes:

• Identify the relevant clauses in the JCT Design and Build Contract

• Define clauses that relate to time, cost, quality and dispute resolution

• Demonstrate increased awareness of contract clauses through group exercises

• Analyse a mock case study relating to delays, extension of time, valuing the works, loss and expense and advise on appropriate actions

Find out more: rics.org/infrastructureconference

RICS Infrastructure Conference 201522 April 2015 The Grange Hotel, Tower Bridge, London

Examining the role of commercial practitioners in transforming infrastructure in the UK

The government is prioritising the public funding of infrastructure, putting in place the right policy framework to give investors the confidence to commit to long-term projects, and ensuring the supply chain has the certainty and tools it needs to deliver effectively. It recognises the importance of getting the fundamentals right – delivering our key projects and programmes on time and on budget – while also addressing longer-term challenges: integration, resilience, skills, and sustainability.

Practitioners have a vital role to play in the delivering these infrastructure projects on time and with real incremental cost efficiency.

This year’s Infrastructure Conference will address the challenges to successful project delivery and provides you with greater insight into the core disciplines necessary for achieving success, including collaboration and relationship management, supply chain integration and procurement, commercial management in an asset intensive environment and the role of data and technology.

20222 RICS RICS Infrastructure Advert 174x127.5mm-AW.indd 1 04/02/2015 09:40

To advert ise contact Char lotte Turner +44 (0)20 7871 5734 or char lotte@sundaypubl ishing.com

contents

M A R C H /A P R I L 2 0 1 5 3

C O N T E N TS RICS BUILDING SURVEYING JOURNAL

4Here to helpMartin Hoyle reports on the progress of the mentoring programme

5Welcome to the boardThe Building Surveying Professional Group Board is currently reviewing its strategy and researching issues and concerns that matter to members, says Alex Charlesworth

6On course for the futureGary Strong reports on the latest developments in education and training provision across the built environment sector

8Keeping up to dateElspeth Rumary explains the importance of continuing professional development for building surveyors

9Update

10Balancing skill buildingIntroducing innovative technologies into the university curriculum is vital to ensure building surveying graduates remain employable, says Dr Kevin Thomas

12No need to panicJim Percival gives his top tips for successfully completing the Assessment of Professional Competence

13View from the chairWith nearly 10 years under his belt as an assessor, APC chairman Gary Blackman describes a typical interview day

14Opening the doorMatt Clare discusses the apprenticeship route to becoming a surveyor

16Checking the termsWarranties and insurance-backed guarantees need careful reading to ensure they offer adequate protection, warns Brian Watson

17How far can you go?New guidance offers advice on when specialist help is needed in calculating likely loss for the Quantified Demand, reports Jon Rowling

18A matter of interpretationJulian Greenhill provides an overview of recent dilapidations case rulings

20Safety in numbersSurvey findings reveal an increased awareness of health and safety in the property sector but issues remain, explains James Bridgland

22Measure for measureAlexander Aronsohn provides more details on the IPMS for offices and how these differ from the Code of Measuring Practice

24Checking contractsIn the first in a new series of construction case law updates, Laurence Cobb looks at the importance of checking contract details

26Keep your house in orderEwan Craig talks about the competency of housing maintenance, repair and improvements

CONTACTS

While every reasonable effort has been made to ensure the accuracy of all content in the journal, RICS will have no responsibility for any errors or omissions in the content. The views expressed in the journal are not necessarily those of RICS. RICS cannot accept any liability for any loss or damage suffered by any person as a result of the content and the opinions expressed in the journal, or by any person acting or refraining to act as a result of the material included in the journal. All rights in the journal, including full copyright or publishing right, content and design, are owned by RICS, except where otherwise described. Any dispute arising out of the journal is subject to the law and jurisdiction of England and Wales. Crown copyright material is reproduced under the Open Government Licence v1.0 for public sector information: www.nationalarchives.gov.uk/doc/open-government-licence

B U I L D I N G S U R V E Y I N G J O U R N A L

Editor: Barney Hatt T +44 (0)20 7695 1628 E [email protected]

The Building Surveying Journal is the journal of the Building Surveying Professional Group

Advisory group: Gary Blackman (Malcolm Hollis), Alan Cripps (RICS), Chris Gibbons (Tuffin Ferraby Taylor), Brad Hook (National Energy Foundation), Mat Lown (Tuffin Ferraby Taylor), Patricia Newman, James Percival (Savills), Trevor Rushton (Watts Group), Terry Walker (Walker Associates Ltd)

The Building Surveying Journal is available on annual subscription. All enquiries from non-RICS members for institutional or company subscriptions should be directed to:

Proquest – Online Institutional Access E [email protected] T +44 (0)1223 215512 for online subscriptions or SWETS Print Institutional Access E [email protected] T +44 (0)1235 857500 for print subscriptions

To take out a personal subscription, members and non-members should contact licensing manager Louise Weale E [email protected]

Published by: Royal Institution of Chartered Surveyors, Parliament Square, London SW1P 3AD T +44 (0)24 7686 8555 W www.rics.org ISSN 1750-1032 (Print) ISSN 1759-3387 (Online)

Editorial and production manager: Toni Gill

Sub-editor: Gill Rastall

Designer: Craig Bowyer

Creative director: Mark Parry

Advertising: Charlotte Turner T +44 (0)20 7871 5734 E [email protected]

Design by: Redactive Media Group Printed by: Page Bros

B U I L D I N G C O N S E R VAT I O N J O U R N A L

Editor: Robert Mallett T +44 (0)20 7695 1533 E [email protected]

The Building Conservation Journal is the journal of the Building Conservation Forum

Building Conservation Forum Board contact:Frank Keohane (Paul Arnold Architects)

RICS BUILDING SURVEYING JOURNAL

M E N TO R I N G

4 M A R C H /A P R I L 2 0 1 5

The Building Surveying Professional Group Board (BSPG) mentoring initiative has got off to a flying start, with students and graduates

calling to request support and qualified members getting in touch to give their backing and ask how they could be involved (Building Surveying Journal July/August 2014).

The scheme aims to steer students and graduates through to chartered status using the experience, network and resource of qualified members with support from their firms and RICS.

As one of the founding members, I believe that it provides a great opportunity to give something back to those starting their careers. After all, they are the future of our industry.

The mentoring scheme holds great promise in helping candidates succeed in their chosen careers by improving their networking skills and understanding their opportunities. For the mentors, the initiative helps develop essential leadership skills, which reinforces the win:win for both parties.

The support so far has included: b advice on APC competencies b presentations at university level b provided candidates with contacts for

work experience b CV and job application support b career advice b supported learning activities b creation of regional APC networks b mock APC interviews b feedback of critical analysis b promotion of RICS b Informal discussions and APC

interview guidance.

We still have a long way to go to reach everybody in need of mentoring. Please get in touch whether you are a student or graduate in need of advice or a qualified member or employer wishing to get involved.

The structure and process includes ‘front line support’ that can be followed up at regional level through the mentoring network, to more formal one-to-ones for interview experience or commentary of critical analysis. C

More information > For details of the mentoring scheme, email [email protected] or [email protected]

Martin Hoyle reports on the progress of the mentoring programme

Here to help

Martin Hoyle is Managing Director at PMBC and a member of the BSPG

The RICS Property in Politics campaign is having a major impact as policies are drawn up for this year’s general election

Setting the agenda

Over the past eight months, RICS Property in Politics: Driving economic growth and building better communities report (http://bit.ly/1C4g8pM)

has led the conversation between property professionals and the political parties about building a vibrant UK property marketplace.

Behind the report’s 12 recommendations to the next government was the weight of expertise drawn from the insights of more than 500 chartered surveyors and 273 organisations.

RICS brought together members, firms, industry leaders, parliamentarians and policy-makers at panel discussions throughout the political party conference season, supported by GVA, Barratt

Developments and Rider Levett Bucknall. Nick Raynsford, Chair of the All Party Parliament Group on Excellence in the Built Environment joined the Labour Property in Politics panel, while Stephen Gilbert, Parliamentary Private Secretary to Energy Secretary Ed Davey took part in the Liberal Democrats discussion.

Housing and Planning Minister Brandon Lewis joined a distinguished panel at the Conservatives conference, joining more than 120 senior members and industry partners. RICS President Louise Brooke Smith hosted the event before discussing housing, planning and communities with a panel that included Communities Secretary Eric Pickles.

The first outcome from the party conference launches is a heightened interest from politicians in the views

of RICS. We are now having one-to-one discussions with Pickles and Lewis as well as Shadow Housing Minister Emma Reynolds and Shadow Business Minister Iain Wright.

The successes so far have seen Housing Zones Prospectus announced by HM Treasury, rolling out in 2015. The Labour Party has adopted Housing Corporations as a result of RICS’ Development Delivery Units and included four Property in Politics recommendations in its Lyons Housing Review.

The Liberal Democrats have supported a ‘planning revolution’ to support neighbourhood planning and the Armit Infrastructure Review is using RICS expertise for an Infrastructure Commission. b

Read more and sign up to support the vision at www.rics.org/propertyinpolitics

k The BSPG members: (left to right) Geoffrey Hunt, Anthony Walker, Martin Hoyle, Alex Charlesworth, Nicola Woolford, Alan Cripps, Kevin Thomas, and Brad Hook. Absent members: Matt Clare and Vince Shiels

M A R C H /A P R I L 2 0 1 5 5

The Building Surveying Professional Group Board is currently reviewing its strategy and researching issues and concerns that matter to members, says Alex Charlesworth

Welcome to the board

T

OPINION

The role of the Building Surveying Professional Group Board (BSPG) is to focus on professional and technical standards, knowledge and expertise. It represents the interest of all members and has a key role to play in contributing to the development of RICS strategic objectives.

The board is made up of a cross-section of the membership ranging from small, medium, and large practices, in the commercial, energy, and education sectors, as well as RICS. Geographically, individuals are based in Northumbria, Somerset, Bristol, London and Buckinghamshire. While not quite covering all sectors and geographical regions, the BSPG does have a very good general representation.

Scotland has its own board with whom we liaise closely. To learn more about us, please visit the RICS website.

New skillsBuilding surveyors have an ability to adapt to the market, and the BSPG is actively seeking new avenues where our profession can provide additional services:

b flooding, both in resistance and resilience for and after the event of flooding

b building information modelling for building surveyors

b the potentially huge opportunities in renewable energy.

As RICS strives for global promotion of chartered surveying, there is pressure to look at ways in which building surveying can also grow globally, which includes increasing assessment centres outside UK. Current questions being asked by the BSPG centre on how this can be done, although interestingly, our membership is already at 10% outside the UK and growing.

One of the key issues for our profession is the fact that

our services are undertaken globally by different organisations. In the USA, for example, building surveying services are undertaken by facilities management. The BSPG is working hard to ensure that building surveying maintains its distinction and identity, without losing the quality and standard by which we benchmark ourselves.

EducationKey to membership is maintaining grass roots growth. Too many students leave building surveying courses to pursue different professions. The BSPG is:

b visiting universities to promote our profession as a career of choice

b exploring how we can promote building surveying as a career at schools

b setting up mentoring schemes through RICS Matrics to help graduates fill gaps in their APC competencies by linking them up with industry

b building on the success of the London ‘It’s your APC’ day by rolling this out in the north of England.

We are working on three guidance notes this year: Development monitoring, Surveying assets in the built environment and BIM for building surveyors.

We are also updating previous guidance notes, embracing more of an international theme. As ever there is pressure on cost, but

we will continue to push the boundaries where possible.

Of course, we also organise and run the RICS Building Surveying Conference and the annual dinner – both highlights of the building surveying calendar. It is almost time for this year’s conference, which is sure to be another sell-out event, building on the success of previous years. This ensures that we maintain a strong representation and voice within RICS.

This year we are also planning to hold two separate opinion forming meetings, for both large and small firms. The meetings are designed to enhance a greater interaction with the membership, seeking views on a variety of issues. We would like to hear your views, to ensure the BSPG continues to represent the interests of all members. Please use this link http://svy.mk/1BTruKP

Finally, I look forward to meeting many of you at next month’s conference. C

Alex Charlesworth FRICS is Chairman of the Building Surveying Professional Groupbsprofessionalgroup @rics.org


C H A I R M A N ’S C O L U M N

mailto:[email protected]


6 M A R C H /A P R I L 2 0 1 5

E D U C AT I O N

On course for the future

Gary Strong reports on the latest developments in education and training provision across the built environment sector

The multiple stakeholder nature of the built environment sector leads to the often cited view that it is a fragmented industry. However, it should

be noted that considerable work does take place behind the scenes to agree a common strategy on education and training, driven by passionate individuals keen to move matters forward.

This was one of the themes that led to the formation of the cross-industry Education for the Built Environment group (E4BE), representing professional bodies and other stakeholders.

It met last September to identify actions to take forward in support of the UK government Construction 2025 industrial strategy, at which key areas were identified (see Figure 1):

b create a common web-based gateway for young people setting entry and progression routes

b develop a coordinated approach to engage young people

b identify critical skills and capacity gaps across different construction sectors

b understand and develop an action plan to attract new entrants and retain the workforce

b contribute to developing an agreement on the 2015-2019 innovation programme and planned funding routes by 2014-15.

In the meantime, the 14-19 Construction & Built Environment (CBE) Advisory Committee continues to progress issues, and there is crossover with the E4BE goals aimed at improving the image of the industry, and attracting more young people. At the first meeting of the committee in December 2012, it was agreed that consideration should be given to promoting credible 14 to 19 standards based on the content for the Diploma in CBE. A steering group was established to lead a programme of work that would:

b ensure that the standards meet the needs of 14 to 19 learners and employers and provide a sound basis for progression to apprenticeships, further,

technical options and solutions for information modelling

b understanding of the collaborative processes necessary for BIM adoption

b knowledge of standard classification systems and their use in buildings and infrastructure

b knowledge of relevant internationally recognised management standards such as Construction Operations Building Information Exchange (COBie)

b awareness of the interfaces between BIM software, quantification software and cost data sets.

Examples of activities and knowledge comprised at level 2 are:

b preparing a BIM execution plan b designing and implementing a BIM

management process b analysing comparative BIM solutions b maintaining an information model b agreeing and implementing the

contractual aspects of BIM such as separate protocol

b facilitating and managing project team members for BIM implementation

b using quantification software to extract quantities from BIMs for cost estimating/cost planning.

Examples of activities and knowledge expected at level 3 are:

b analysing, assessing, evaluating and reporting on options for BIM strategies at a corporate or project level

b designing and advising on collaborative strategies for the successful implementation of BIM on projects

b advising on the contractual and commercial implications of using BIM on projects

b advising on options for software and protocols on BIM projects

b advising on technical information systems requirements for BIM at corporate or project level

b advising on the structure of BIM.

Standards reviewRICS also worked with the Construction Industry Council (CIC) on a review of the National Occupational Standards for Construction Senior Management, seeking

higher and professional education and training and employment

b ensure that the content not only continues to provide the basis for the principal learning qualification, but also forms a unique standard that is a point of reference and specification for school and college-based 14 to 19 learning, curriculum and qualifications in the construction and built environment industries

b identify and address any issues concerning content and design, and test that the thematic approach continues to be supported and valued.

RICS has fed comments into the draft standards and continues to work closely with this committee.

The organisation continues to support the University Technical Colleges (UTCs) for the 14-19 age group, although UTC Walsall disappointingly did not open in September 2014 as originally planned. It is hoped that it will now open in 2015. The Studio Schools concept and the ‘adopt a school’ scheme (http://bit.ly/ZfxYVg) are also backed.

Meanwhile, BTEC Firsts in Construction and the Built Environment for level 2 is being submitted for inclusion on the Department for Education’s 2017 performance tables.

BIM competencyIn response to the growing uptake of building information modelling (BIM), RICS has added the competency description to its Built Environment pathways, and is encouraging higher education and further education establishments to look at the growing need for new technology.

This competency encompasses the establishment and management of the information modelling systems on projects, and covers the collaborative processes and technological principles involved in implementing BIM.

Examples of knowledge expected at level 1 are:

b understanding of BIM strategies and implementation

b understanding of the various


M A R C H /A P R I L 2 0 1 5 7

Figure 1E4BE draft action plan

confirmation from the sector that the standards are fit for purpose. The review focused on integrating new industry practices relating to sustainability, energy use, low carbon and BIM.

These standards are relevant to contracts and production managers, commercial managers, operations directors of smaller construction companies, property and facilities managers and specialist construction managers, as well as those in construction project management —

i.e. those who oversee projects from inception to decommissioning, who advise stakeholders and who form and lead project delivery teams.

Feedback from a surveying higher education roundtable discussion with major employers and academics from RICS-accredited universities last year, revealed that they welcomed the opportunity to debate the leading challenges and issues of the day, and where education should be heading in the future. b

Gary Strong FRICS is RICS Director of Practice Standards and Technical Guidance [email protected]

Related competencies include Conduct rules, ethics and professional practice

Actions Outcomes Success criteria By when

1. Develop an outward facing brand featuring key messaging including the definition of good design aimed at a variety of audiences. For example, parents, young people (and different age groups), careers advisers

Key groups identified for engagementDescription of good designMessaging developed specifically to communicate with key audience members on construction/buildings, places and spaces

Common messaging communicated to key audience members Improvement in understanding of construction industry

March 2015

2. Map current activity/interventions undertaken by professional bodies, employers, charities, Sector Skills Councils, Industrial Training Boards and others, designed to engage young people

A database of organisations engaging young peopleA cross-UK map of work currently being undertaken to engage, which identifies gaps in provision

Clarity on what, where and how activity is being delivered across the UK and any provision gaps

December 2014

3. Develop the metrics to measure the success of activity and intervention outcomes

Feedback from organisations on successful activitiesPrinciples of successful public engagement defined. Standards clarified for intervention activity

Activities able to benchmark against quality standards

March 2015

4. Develop a process to recognise/badge good practice in engagement activity

Criteria for good practiceaccreditation/awards for individuals, companies or organisations.

Clarity among the public, schools, universities on what interventions are recognised by industryEngagement and coordination of activities by stakeholders

April 2015

5. Identify high-level skills gaps across professional disciplines, for example political engagement, sustainability

High-level skills framework to assist professional bodies in setting and reviewing standards in education and training

Clear skills areas identified December 2015

6. Assist and support professional bodies (PB) in developing their value proposition

6a. Encourage, via a campaign, PBs to define CPD curricula needs to support career development around skills gaps

Professional bodies able to clearly define their value proposition in terms of benefit to societyProfessional bodies better able to communicate value to members

Higher level skills appropriate to collaborative effort across the industry

Professional bodies better able to encourage retention and new membersIncrease in number of professional bodies setting core curricula

June 2015

7. Campaign to encourage PBs to support the development of crossdisciplinary curricula including inclusive and collaborative design

Higher education institutions empowered to develop new recognised coursesDefinitions of inclusive and collaborative design

Increase in education and training provision which is crossdisciplinary, recognising the changing needs of industry

September 2015

8. Create a business plan to achieve the key actions

Clear plan and resource allocated to delivery of industry objectives Create a fund to support collaborative interventions

Resources available to deliver December 2014


E D U C AT I O N A N D T R A I N I N G

8 M A R C H /A P R I L 2 0 1 5

Elspeth Rumary explains the importance of continuing professional development for building surveyors in the built environment sector

Keeping up to date

Maintaining the highest levels of professional and ethical competence is an essential obligation on the part of the modern building surveyor.

It is for this reason that organisations such as RICS stipulate that all members undergo regular and up-to-date continuing professional development (CPD) to ensure their compliance with and understanding of the latest industry developments.

As members of RICS will be aware, the requirements underpinning CPD stipulate that 10 hours each of formal and informal training yearly are now mandatory. Above and beyond this, members must ensure that they remain fully cognisant of the organisation’s professional and ethical standards, and record all CPD activity online.

A wide range of CPD activities, both formal and informal, are now open, allowing for structured or self-managed learning that will enhance the individual member’s portfolio.

Formal CPD constitutes structured learning with clear objectives such as:

b formal teaching, training or mentoring of other professionals

b professional courses, seminars or conference attendance

b structured learning assessed by a qualified third party

b structured online training b technical authorship (i.e. via journals,

guidance notes, reports that will be read by fellow members)

b membership of RICS boards and committees to develop professional skills

b successful undertaking of postgraduate learning (MSc, PhD).

Informal CPD can be defined as any learning that is individually self-managed and relevant to a member’s existing professional role. This can include:

b developing professional skills through shadowing or delivering/receiving coaching

b informal learning or development via an existing employer

b facilitating discussion of technical matters at a seminar or conference

b mentoring b membership of non-RICS

boards/committees that result in skills development

b private study (online or paper based trade publications, manuals, professional briefs, journals).

Listen and learn Attending, or even better, giving a formal presentation at a professional conference not only fulfils the statutory CPD requirement, but constitutes an excellent means of demonstrating one’s own professional competence to one’s peers and learning from the discussions.

Industry professionals confirm there is a definite advantage in attending formal events that stretches well beyond meeting the annual professional development requirement.

With so many different events to choose from, it is important to consider factors such as the calibre of speakers, the quality of content and the opportunity for professional development. But the preparation does not stop there:

b do your homework: identify your learning outcomes and objectives

b arrive on time: gain extra networking time, plus a chance to visit exhibition stands

b target your prey: pick out key people you would like to network with and make this your aim for the day

b size isn’t everything: sometimes smaller events are more conducive to audience participation and interaction

b stock up on business cards b join the debate: social media is now

all-encompassing and conferences are a breeding ground for comment and debate. Most events will signpost to dedicated hashtags or LinkedIn pages, to which you can contribute

b keep in touch: when you return to the office, pick out the contacts who could be most beneficial and drop them a follow-up email

b share your experiences: if you found the event particularly beneficial, share the content from the delegate packs

b mark the date: most RICS events are repeated on an annual basis so it is worth making them a regular fixture in your professional calendar.

At the heart of both RICS and its approach to CPD is excellent ethical conduct. A further mandatory requirement involves keeping up to date with standards approved by the RICS Governing Council in consultation with the global membership (http://bit.ly/1nQinBe), designed to ensure that all members act in the best interests of the chartered surveying profession. Therefore, once every three years each RICS member is expected to complete professional and ethical training to comply with formal CPD expectations. C

Elspeth Rumary is RICS Head of Conference [email protected]

Images © iStock

M A R C H /A P R I L 2 0 1 5 9

RICS events and training

10 March, LondonContractor insolvencyn http://bit.ly/1yrLkNp

17 March, LondonHistoric building condition surveysn http://bit.ly/1ulxwQb

26 March, LondonSurveys in practice roadshown http://bit.ly/1t3fgHw

31 March, LondonIntroduction to mediation roadshown http://bit.ly/1vEO5si

15 April, LondonDilapidations – claims, obligations and settlementsn http://bit.ly/1vkD9kz

Distance learning4 March, 29 April, 24 JuneA six-month certificate in BIM Project management. n http://bit.ly/1muFgib

UPDATE

Guidance notesRICS has published three guidance notes:

b Mediation, 1st edition is intended for surveyors advising clients in relation to a dispute. n http://bit.ly/1tLvIwo

b Extensions of time, which covers costs of delays to construction projects, delay assessments using building information modelling and strengths and weaknesses of delay analysis methods.n http://bit.ly/1t9N8U1

b Appropriate contract selection, which covers UK construction contracts.n http://bit.ly/14W7xXn

Apprentice scheme supportedRICS is backing the latest stage of the UK government trailblazers scheme, which involves more than 700 employers designing top quality new apprenticeships to best meet the skills needs of their industries. n http://bit.ly/1DWqEgb

Skills shortage spotlightScottish developer Stewart Milne Group has launched a campaign to highlight the vital role of trades in construction growth, with concern growing that a shortage of qualified electricians, joiners and bricklayers is constraining the predicted upturn in housebuilding and construction. The Construction Industry Training Board estimates that 182,000 qualified tradespeople are required in the next five years to meet demand.n www.stewartmilne.com

Online journals

In brief...

Building Surveying Conference23 April, The Mermaid Conference Centre, Blackfriars, LondonThe RICS flagship annual conference promises an outstanding panel of speakers who will give an update on key aspects from the industry. It will feature sessions on:

b building information modelling b building contracts and insolvency b dilapidations case law b flooding b historic building and conservation b planning and Building Regulations b modern methods of construction.

n Visit http://bit.ly/1iINEXX

CDM Regulations: legal duties spelled outDraft legal guidance on the Construction (Design and Management) Regulations 2015 has been issued together with documents for each of the five duty holders and an additional guide for workers. The regulations come into force on 6 April.

For existing projects where a CDM Coordinator has already been instructed the client has a six month transition period to appoint a principal designer.

To download a free copy n visit http://bit.ly/1C7uP7l

Practitioner updates NHBC Foundations has published Part L 2013 – where to start NF58 and NF59, which cover changes to masonry and timber frame construction.n http://bit.ly/13M825N

BRE has issued A future flood resilient built environment white paper, to stimulate debate around the best approaches to flooding risk management.n http://bit.ly/11PnvAK

The Law Commission has released its long-awaited Rights to light report, but its recommendations are unlikely to make it onto the statute books until after the May General Election.n http://bit.ly/1tQhev2


U P DAT E

Green Deal restartThe government has relaunched its £100m Green Deal Home Improvement Fund. Some £30m was made available in December 2014, split into £24m for solid wall insulation and £6m for other measures.

Households can claim up to £1,000 for installing two measures from an approved list and up to £4,000 for solid wall insulation. A second £30m pot was released in February. n http://bit.ly/1whezSG


1 0 M A R C H /A P R I L 2 0 1 5

Introducing innovative technologies into the university curriculum is vital to ensure building surveying graduates remain employable, says Dr Kevin Thomas

Balancing skill building

The employability of graduates has become a significant performance indicator within higher education, and universities have been considering in great detail how they can ensure the best outcome. Some have engaged in the development of specific modules while others have looked to embed employability skills within existing modules.

Employability is complex but at its core is ensuring graduates are ‘future fit’ with relevant skills, understanding and personal attributes to make a contribution to the benefit of all. It is seen as a combination of experience, whole academic curricula and achievement (or potential) and is still a major differentiator for employers when recruiting.

However, while those skills are clearly important, there is also the need to ensure the building surveying degree curriculum is relevant and current to satisfy the need of key employer stakeholders. This is not an easy task because there will always be differences of opinion as to what employers require, albeit with a core of knowledge common to all.

The answer for Northumbria University is

employer liaison panels, where key stakeholders from both public and private practice meet academic staff to look at the current issues and discuss possible programme developments.

Such interaction is essential in the process of continuous improvement the university expects. This must however be a two-way process, allowing employers and external professionals to influence curricula but also provide an opportunity for academics to explain and justify decisions taken and identify the issues influencing those decisions. The panel

holds meetings at least twice a year, with one hosted off university by one of the participant organisations.

Technology trailblazersBeing future fit means being familiar with innovative technologies, using them within the organisations that have them or assisting in potential purchases where they do not. This role as trailblazers cannot be underestimated; the profession has to adapt quickly to emerging technology or be left behind as other professions embrace them.

Four examples of innovative technology impacting on both

building surveying students and staff at Northumbria are mobile surveying applications, building information modelling (BIM), laser scanning and visualisation, and 3D printing.

For the first, Northumbria has been working closely with Kykloud to ensure graduates can use the mobile surveying and asset management software service. According to Kykloud, seven of the UK’s top 10 surveying firms use its system. It is therefore essential that graduates are exposed to this technology as it becomes the industry standard.

A capital expenditure bid within the university supported the purchase of 30 iPads and the Kykloud App subscription for three years. In their final year, students on the Facilities and Asset Management module carry out a live survey of part of the university estate.

BIMBIM continues to be a focus for the profession. At a recent meeting of the Building Surveying Professional Group Board, members looked at the opportunities for building surveyors with a presentation from Owen Pottle, Director at Trident Building Consulting and an RICS certified BIM manager.

While clearly less defined than for other construction professionals, nevertheless significant opportunities do exist and will become more widespread and visible as level 5 and 6 BIM develop. These are particularly concerned with whole life costs and the future management of facilities using populated 6D models.

Northumbria building surveying students are introduced to the fundamentals of BIM in Year 1 with the development of basic CAD and Revit skills, which are then used on other modules throughout their degree. Project work in their second and final years allows them to demonstrate the development of their skills within multi-disciplinary groups.

There is also a link to the mobile surveying technologies to input data into BIM models and more generally to facilities and asset management, replacing the necessity for building operation manuals.

Laser scanningLaser scanning and the associated visualisation of the information captured is a developing area for building surveyors, in particular to architectural conservation surveys. Recent work by Northumbria building surveying senior lecturer Stuart Eve in partnership with BIM Academy saw detailed information captured in the laser scanning process of part of Durham Cathedral and developed into a 3D model.

T

INDUSTRY EDUCATION

Building surveying graduates need to be future fit


M A R C H /A P R I L 2 0 1 5 1 1

Dr Kevin Thomas is Head of Department of Architecture and Built Environment at Northumbria University and a member of the Building Surveying Professional Group [email protected]

The live model can be shared with any consultants or contractors instructed to work on the building. It could also provide a visitor-based visualisation of any area obscured during extensive conservation or restoration works. Laser scanning equipment is, however, expensive and the technology is not currently expected to be used extensively throughout building surveying practice. The development of niche expertise is more likely, operating as consultants in data capture and model development.

3D printingAs the costs of 3D printing technology continue to reduce, its use becomes more widespread. In China and the Netherlands, it has allowed full-size housing components to be printed, using either a type of concrete or plastic.

However, the technology currently being integrated into building surveying education is small scale model type 3D prints. In 2009, the university purchased a Z Corps machine costing in excess of £40,000, using a powder and resin-based system to produce a model. This technology was used in the development of the

Virtual NewcastleGateshead (VNG) model in partnership with the city councils of both Newcastle upon Tyne and Gateshead. This comprises a series of 48 separate tiles measuring 250mm x 200mm, each taking 1.5-2 hours to print and costed at £120 for material costs alone. The advantage of individual tiles is that when the cityscape changes, only the affected tile has to be replaced. There is also an electronic model for use with design software.

There are now eight MakerBot Replicator 2 printers in use in the department, using plastic filament as the print material. The machines cost around £1,500 each and prints creating components to be made into a model – or a small complete model showing an alteration/extension can be output in less than an hour for less than £1.

Although this technology is unlikely to become widespread within building surveying practice, the part it may play in future development of modern methods of construction should not be underestimated.

Experience countsWith all these technologies, although there is an element of education, the main skill is

acquired through experience and training. So we return to the tension of striking the right balance between the two. Building surveying degrees by their very nature are vocational and there is an expectation that graduates, as well as having suitable ‘understanding’, also have the relevant skills to undertake activities within practice. This is vital to ensure that we continue to meet the needs and requirements of employers.

This is further exacerbated by the limited time and ‘space’ within the curriculum and so for any new technology introduced something else has to be removed. Regular alignment to building surveying APC competences is the most effective method of tailoring the curriculum to fit those requirements and allowing areas of little or less importance to be dropped.

RICS education section has recently announced major changes to its partnership arrangements with universities. Each accredited surveying degree has to demonstrate that it meets a threshold of alignment to the related APC competences. Northumbria is well placed to meet this requirement having restructured the degree within the past 18 months with the main focus being these competences.

Ensuring building surveying graduates remain employable and useful to their employers are key functions of universities and their courses and the integration of new and innovative technologies is essential in this. To focus only on traditional knowledge and skills would quickly allow other professions to dominate these new areas and academics must play their part in ensuring this does not happen. C

nThe university has bought eight MakerBot Replicator 2 printers

m 3D printing technology was used in the Virtual NewcastleGateshead model

Images © Northumbria University

Related competencies include Construction technology and environmental services


A P C

1 2 M A R C H /A P R I L 2 0 1 5

No need to panicJim Percival gives his top tips for successfully completing the Assessment of Professional Competence

The APC is a crucial part of a chartered surveyor’s career and can be a daunting undertaking. I would advise anyone thinking about a career in surveying to research the APC process as early as possible. Not only does this make it less worrying, but also shows any potential employers that

you are savvy and proactive enough to be thinking about your professional accreditation at an early stage.

The best starting point is the RICS website, where you can find information on the stages of the APC, pathways, and the purpose of regulation (www.rics.org/uk/apc/).

SubmissionAPC submissions differ from academic writing. There is no need to use long, complex sentences to convey your ideas. You are constrained by character and word counts so use short, simple sentences to demonstrate experience of the many skills required for each competency.

With the exception of ethics and other mandatory competencies, you effectively write the syllabus from your own experience so you have an enormous influence on the questions you are asked.

Do not necessarily write about the biggest or most glamorous project you worked on. Keep it simple and write instead about those that clearly demonstrate you have covered all competencies, even if you feel the project was unimpressive. Omit anything that could lead to awkward questions.

When writing the Critical Analysis or Summary of Experience, do not write a ‘torrent’ of everything you know. Leave deliberately under-developed points as ‘hooks’ that invite the assessors to ask questions that you then know are coming and can prepare for. Assessors simply do not have the time to scrutinise everything.

RevisionOnce the submission has been sent, revision begins amid rising panic. Private study is an important part of preparing for the APC, but I would suggest that by itself it does not develop the skills required. It is an oral exam in which you have to defend decisions and demonstrate points, and you need to practise.

Do as many proper mock exams with experienced surveyors, (preferably assessors themselves) as you can. Often, firms will assess each other’s graduates so you can experience being assessed by unfamiliar people. A revision method less dependent on the goodwill of others is to set up a study group

of other candidates on your pathway. Examine each other’s submissions and do as much Q&A as you can. This will develop your communication skills and will expose your weaknesses. Practise your presentation as many times as you can. Get the timings right; 10 minutes is not long. You need to be entirely comfortable with the topic and your delivery.

Final assessmentFinally you come to the daunting prospect of the final assessment. Honestly, in my experience, the hour-long assessment just flies by. The presentation is the most important part, because you are fully in control. Making a good impression at this stage stands you in good stead. If you are unhappy with your presentation, you will find it hard to recover your confidence for the rest of the assessment.

The rest of the interview should flow from your templates. By this point you should know these inside out, and with your ‘hooks’, you should have a fair idea of what is coming. There will of course be a few questions that nobody asked in a mock, and there will probably be some that trip you up. Don’t panic. You are not expected to know everything.

An oft-used expression is that they are looking for a ‘safe pair of hands’. Not knowing the answer to a few questions is acceptable as long as you react appropriately. Do not guess the answer, instead, treat the situation as if a client was asking you a question. Explain that you are not sure and would need to research the subject and suggest where you would look. Knowing where to find information is a good second best if you don’t have the information to hand.

Contrastingly, ethics, RICS rules and health and safety do require perfect recall and a wrong answer here can be disastrous. Luckily, this can simply be learned by rote and is easily tested in mocks.

One final recommendation: after the APC try not to expect too much from yourself. Continue to ask questions, be aware of the limits of your experience and competence and be prepared to ask for help when you need it. C

Jim Percival is a Chartered Building Surveyor at [email protected]

Visit isurv.com/APC for information to help you pass your APC

Images © iStock M A R C H /A P R I L 2 0 1 5 1 3

The process is a very fair and open one

View from the chairWith nearly 10 years under his belt as an assessor, APC chairman, Gary Blackman describes a typical interview day

Gary Blackman is an Associate at Malcolm Hollis [email protected]

Around six weeks before the APC assessments take place; the panel of two assessors and the chairman are sent details of all of

the candidates. Assuming there are no conflicts of interest, a couple of weeks later the panel members are given the candidates’ submissions, which they must read thoroughly (i.e. more than once). Depending on the assessors’ areas of expertise, the chairman will split the various competencies between them to allow them to compile questions.

All of the assessments I have been involved with are held in hotels. It can be a bit of a surreal experience, but it is a system that works very well. It is not uncommon for panel members to bump into the day’s candidates in the waiting areas and while we all take great care not to react at all, it is actually quite difficult given we know exactly who they are from their submission photograph.

Each panel interviews four candidates in a typical assessment day and it is the chairman’s responsibility to ensure that they are made as welcome and comfortable as possible. After introducing the panel, the chairman gives a brief outline of the interview

structure and ensures that the candidate is aware that the members will be taking notes. Throughout, it is the chairman’s responsibility to ensure that the various sections of the interview are kept within time.

Following the candidate’s critical analysis presentation and once questioning has come to an end, the chairman will round off the assessment with questions about RICS code of conduct and professional ethics. The candidate is then given the final word on anything else they would like to add or clarify.

Each hour-long assessment is followed by a half hour break, during which the panel discusses the candidate’s performance. Very often the two assessors reach a consensus over success or referral, but, if not, the chairman has the ‘casting vote’ having listened to both assessors, as regards their particular areas of specialism, to reach a balanced and fair decision.

Referral reportIf a candidate is referred, the chairman must compile a report to give general feedback and guidance, detailing the areas in which they did not meet the required level of competence so that they can seek to learn from any mistakes and address any areas of weakness before resitting. With six core and three optional competencies to cover in addition to the mandatory competencies, there is a great deal to cover (hence the note taking during the assessment), so compiling a referral report can take quite some time.

With so much resting on it, the APC is perhaps the most daunting experience of any candidate’s professional life to date. But they should take comfort from the fact that everyone in the assessment room knows exactly what they are going through.

Fair and open processIt is worth making the point that the APC process is a very fair and open one. There is categorically no ‘quota’ system. If a candidate is judged competent to practise as a chartered surveyor they will be awarded the MRICS designation. The assessors are not trying to catch them out – there are no trick questions. Candidates will be judged on their submission and their performance.

Remember too that none of us knows everything. Even the most seasoned professional has to admit when something is outside their sphere of knowledge or experience. In the APC, if you don’t know something please don’t pretend that you do – you will simply dig yourself into a hole.

The experience of being an APC panel member is extremely rewarding and, aside from being a great networking opportunity, the APC candidates I supervise at work greatly benefit from my insight. Crucially, it also keeps me on my toes because I have to ensure that I am as up to date as the candidates I interview, which only goes to show that none of us should ever stop learning. C


A P C


T R A I N I N G

1 4 M A R C H /A P R I L 2 0 1 5

Opening the doorMatt Clare discusses the apprenticeship route to becoming a surveyor

Matthew Clare is Director at Trident Building [email protected]

When you hear someone talk about an apprentice you could be forgiven for thinking of the popular BBC reality show

featuring Lord Sugar. The reality of the modern apprentice could not be more removed.

The apprentice system can be traced back as far as the 16th century, and was to an extent organised by craft guilds. Fast forward 500 years and the scale of the movement is staggering. Last December, Business Secretary Vince Cable revealed that the government had met its target of starting two million apprenticeships in the current Parliament.

This is not just the preserve of mechanics and the trades; apprentices are now to be found in surveying, and their number is growing. In 2013, schemes were launched by JLL and CBRE, but offering an apprenticeship could work for any firm of any size.

Importantly, apprenticeships open the door to our profession to a wider group of individuals. The majority group in our profession follow a graduate-based route to RICS membership, but not everyone enjoys the same opportunity and surveying can be seen as elitist and accessible only to the privileged.

Lagging behindRICS President, Louise Brooke-Smith, says: “Chartered surveying is a globally recognised profession, and we must ensure that it is open to all, whatever their background, or gender. We are a proud industry, but have lagged behind others in terms of making the most of a diverse workforce.”

The Chartered Surveyors Training Trust (CSTT) is working hard to tackle the issues of equality. Established 30 years ago by the Worshipful Company of Chartered Surveyors, it is now an independent charity, although the two retain a close association. Its remit is to act as a support network for young people aged 16 to 24.

The programme runs from application to qualification in helping young people to become qualified surveyors, says CSST, “regardless of their academic, social or financial circumstances”.

CSTT programmeThe CSTT apprentice programme is adaptable based on each case but generally involves a foundation course. This is followed by a Level 3 National Vocational Qualification in surveying, property and maintenance or a two-year period of structured competency-based work experience with a CSTT and RICS-approved firm, leading on to a Level 3 Diploma in Construction, a Diploma in Surveying Practice, RICS Associate qualification and paid employment.

At the end of the programme, apprentices are still supported as a trust-managed student and can continue on to an RICS-accredited degree and ultimately the RICS Assessment of Professional Competence to become a chartered surveyor, typically involving around five years of hands-on experience and development.

Internships became popular during the recession, when the difficulty of finding work saw many graduates and school leavers willing to give their time for nothing. This is not what apprenticeship is about; employers must pay an appropriate wage, certainly the minimum wage but perhaps using the living wage as a more realistic benchmark.

There are, of course, widely varying levels of maturity within the 16-24 age group and almost without exception a new apprentice will have limited, if any, experience of working in an office environment. The shift from classroom to workplace is a big one. However, an apprentice should not be running errands and photocopying all day. If that is what you need, employ an office junior.

Apprenticeship is about giving an opportunity to an individual that they might otherwise not have had, which can in turn enrich not only the apprentice but also your firm and the profession. Direct them wisely, helped by CSTT. C

More information >www.cstt.org.ukwww.apprenticeships.org.uk www.propertyneedsyou.com

M A R C H /A P R I L 2 0 1 5 1 5

A DV E RT I S I N G RICS BUILDING SURVEYING JOURNAL

The professionals in concrete

repair

Get it right. Get a professional.

Insist on CRA

www.cra.org.uk

All CRA members:Are accredited to BS EN ISO 90001 and BS EN ISO 14001

Comply with BS EN 1504

Can demonstrate a proven track record and capability

Comply with the CRA’s stringent codes of practice

A member of:

4

4

4

4

PRACTICE FOR SALE This small practice has been established

for 21 years, has been a Ltd company since 2007 and is Regulated by RICS.

This is currently a home office located in the South West between Bristol & Bath.

Sole director planning to retire June 2015, possible option of continuing as a part time

consultant to facilitate handover.

Dealing with most aspects of building surveying together with conservation,

architectural design, specification, contract administration and cost control on both

residential and commercial projects.

This is an excellent opportunity to work independently & expand this business.

Please contact Doug Willis for more details. Tel: 01225 873854 Email: [email protected]

Web: www.dwa-bristol.co.uk

Why use Carriera as a specialist recruitment partner or as your agent?

• Nearly20years’experiencewithinBuilding Surveying recruitment

• Adeepunderstandingoftheprofession

• Preferredrelationshipswithdiscerningconsultanciesandclientorganisations

• Wetakecaretoensurewelisten,understandandmeetthebriefgiventousbyourclients.

PleasecallDanny ScoreorElliot Wright formoreinformationon0203 817 [email protected]

Example of a few of our live vacancies:

Partner (BS) London–Commercial–c.£100k+Package

Associate (BS) Oxford–To£60k+Bens

Senior (BS) London–Commercial&Residentialc.£60kPackage

Chartered (BS) Surrey–Schools–To£50kPackage

Chartered (BS) London–Commercial–c.£55kPackage

APC (PM) London–Commercial–To£30k+Bens

APC (BS) London–Commercial&ResidentialTo£30k+Package

APC (BS) Bournemouth–Commercial&ResidentialTo£28k+Package

Recruitment – Search & Selection – Market Intelligence – Benchmarking www.carriera.co.ukRecruitment – Search & Selection – Market Intelligence – Benchmarking www.carriera.co.uk

To advert ise contact Char lotte Turner +44(0)20 7871 5734 or char lotte@sundaypubl ishing.com


C O N ST R U C T I O N

1 6 M A R C H /A P R I L 2 0 1 5

Checking the termsWarranties and insurance-backed guarantees need careful reading to ensure they offer adequate protection, warns Brian Watson

Brian Watson is Group Development Director at CA Group [email protected]

The UK is recognised globally for delivering some of the most reliable metal buildings in the world. Driven by a focus on sustainability and innovation, high standards mean that when the job is done well the building is safe and most importantly fit for purpose.

However, in the continuous drive to increase sales, there has been a rise in assurances offered, promoted and, in some cases, even fabricated, in a bid to influence customers to place an order.

But for one reason or another, the fine print of these documents often remains unread until a problem arises, when it quickly becomes clear that the protection offered is not as robust as customers might have hoped.

The main types of assurance offered are:

b performance statement: a document indicating that the product or system should perform for a predetermined period of time. In the event of failure, there is no redress

b insurance-backed warranty: a paid-for written guarantee issued

by the product or system manufacturer, promising to repair or replace if necessary within a specified period of time, normally 10 years

b guarantee: a legal assurance (typically in writing) that certain conditions will be fulfilled, especially that a product or system will be repaired or replaced.

Terms and conditionsIt is the terms and conditions of many guarantees and warranties that raise concerns. To avoid claims against them, some companies include onerous clauses such as the demand for rigid annual maintenance and inspection regimes

It is worth noting that the Health and Safety Executive discourages unnecessary roof access due to the risk posed to life from a potential fall. Another example of unscrupulous practice is the insistence on adherence to a specific, and often unrealistic, temperature range. Such clauses are easily and unwittingly broken, rendering the guarantee or warranty invalid after a year or so.

Some companies will even go so far as to guarantee an individual component, rather than the job it is designed to do. For example, if a fixing fails causing a roof to lift off in adverse weather, rather than repair the damage, a company might choose to give 500 screws free of charge. Alternatively, the

screws themselves may be guaranteed but their connection to the frame may not.

Safety remains the most important concern for any surveyor. Falls through roofs pose a significant risk and as such non-fragility guarantees must be absolutely reliable when the surveyor steps foot on the roof to undertake a task. If this cannot be proven, then access must be withheld. Robust non-fragility

guarantees ensure that the system in its entirety, not just the steel profile or an individual rooflight, has been tested.

While there are always exceptions, in the majority of cases, the only areas of a roof that require annual maintenance and inspection are gutters because these tend to trap silt, debris and plants that need to be removed to prevent blockages. Giving the roof an annual visual check is recommended when carrying out gutter maintenance. Providing there are no problems, most roofs should only need to be professionally inspected every three to five years, depending on the location.

New laws are due to come into place over the next few years which will simplify terms and conditions. Until that time, developers and building owners must be vigilant when looking at guarantees, paying particular attention to the terms and conditions that can affect a claim. C

Related competencies include Conflict avoidance, management and disputes resolution procedures, Construction technology and environmental services, Housing maintenance, repair and improvements, Risk management

TNon-fragility guarantees must be absolutely reliable when the surveyor steps foot on the roof

“

M A R C H /A P R I L 2 0 1 5 1 7

generally give advice relating to the likely terms of potential future lettings or sales to third parties.

So, how can a building surveyor consider loss? Those experienced in this area can appreciate when the issues are likely to be relevant, which is to say when the cost of works might be greater than the loss the landlord suffers as a consequence of the tenant’s breaches. With that appreciation, it is still the building surveyor who takes the lead and indicates to their client that further specialist input might be required, be that from a lettings agent, valuer, or the client themself.

Note of clarityRICS has attempted to clarify how far building surveyors can go with their advice, and when input from other such specialists might be required. This accompanies the Dilapidations guidance note and those practising dilapidations should read it in full (http://bit.ly/1sjLSmE.) Some of the salient points include:

b Building surveyors can prepare QDs but the document might need input from others such as lettings agents, valuers or the landlord themselves, particularly in the event that the landlord has not or does not propose to complete the remedial works.

b If the landlord has completed or proposes to complete the remedial works it is likely (or likely enough – depending on the circumstances of the dispute) that the building surveyor can prepare the QD without input from other specialists..

b If the landlord considers that they have suffered a loss of income as a result of time spent (or proposed to be spent) undertaking the works that their former tenant failed to complete, the calculation of that time-related loss would normally be beyond a building surveyor’s expertise. They can, however, advise on the time that might be required to procure the works

b Building surveyors can prepare the tenant’s response but similar

How far can you go?

New guidance offers advice on when specialist help is needed in calculating likely loss for the Quantified Demand, reports Jon Rowling

Jon Rowling is a Chartered Building Surveyor and Director at Goodrow Building Consultancy and chair of the RICS Dilapidations Forum Steering [email protected]

The 2012 Pre-Action Protocol for Claims for Damages in Relation to the Physical State of Commercial Property at Termination of a Tenancy (the Dilapidations Protocol), introduced a new document known as the Quantified Demand (QD).

In England and Wales, the manner in which tenants’ dilapidations liabilities are expressed by their landlords should now be more closely aligned to the way the liability is calculated. Tenants have reference to both the cost of the remedial works (as set out in the Schedule of Dilapidations) and their landlord’s likely loss (as set out in the QD). In broad terms, tenants are liable only for the lower of those two figures.

Buildings surveyors have traditionally been the lead consultants in dilapidations disputes, at least until such time as the property litigator takes over. With this early emphasis on the consideration of loss as well as cost, concern was expressed that building surveyors might no longer be well placed to give holistic advice to their clients.

Seasoned practitioners should already appreciate the principles of loss associated with dilapidations liabilities as well as how to interpret the legal documents and identify the breaches at the premises, what remedial works would be required, and the cost of those works. But, those who are not dual-qualified do not prepare valuations of buildings or

considerations regarding limits of expertise apply.

b Building surveyors should endorse their Scott schedules and it would be appropriate for other specialist advisers (or the tenant themselves) who have commented on loss also to endorse their own content.

b Building surveyors should make it clear to their clients that they cannot be held responsible for the information and/or advice provided by other parties.

b Members should advise their professional indemnity insurers that they are preparing QDs and responses as part of their dilapidations work.

It is anticipated that the new advice will be incorporated in the next edition of the RICS England and Wales Dilapidations guidance note. C

T Concern was expressed that building surveyors might no longer be well placed to give holistic advice

“


D I L A P I DAT I O N S

Related competencies include Conflict avoidance, management and dispute resolution procedures

1 8 M A R C H /A P R I L 2 0 1 5


Legal

The interpretation of repairing obligations in leases is ultimately a question for the lawyers. But the building surveyor is usually the first person on the scene, reading the lease, then fitting it to the facts on the ground.

So it is important for them to know how the law approaches reading a lease, not least to be able to spot early on a point that needs input from the client’s legal team.

General principlesA lease is a contract, and the law on interpretation of contracts has been a fast-moving area in recent years. So it is worth recapping some of the general principles.

The modern approach is more flexible and contextual than in the past. You can no longer simply read the lease at your desk and assume you know what it means. The object of the exercise of interpretation is to ascertain what meaning the lease would convey to a reasonable person with the background knowledge that would have been reasonably available to the parties at the time the lease was entered into. (Investors Compensation Scheme v West Bromwich Building Society [1998] 1 WLR 896).

The parties to the lease are taken to mean what they have said. So one should start with the words used and give those words their ordinary English meaning. More often than not, this will enable you to work out what the lease means.

But there are two basic situations where this will not be enough. The first is where the words used can only really mean one thing, but that meaning produces an absurd result. In Chartbrook v Persimmon [2009] 1 AC 1101, it was held that, exceptionally, in such a case the court can conclude that the parties must have made a mistake in setting down their contract. The test is whether (i) it is clear that the parties to the contract made a mistake in writing it

down and (ii) it is also clear what the parties actually meant to say. In such a case the court is entitled to interpret the contract inconsistently with the ordinary meaning of the words used in it.

The second situation is where the wording of the lease is ambiguous in the sense that it is reasonably capable of having more than one meaning, but neither is absurd. In Rainy Sky SA v Kookmin Bank [2011] 1 WLR 2900, it was

A matter of interpretation

held that if the words in a contract are reasonably capable of more than one interpretation, the court will prefer the interpretation that is more consistent with business common sense.

Recent casesThe case of Campbell v Daejan Properties Ltd [2013] L&TR 14 concerned a Georgian house in Upper Wimpole Street. The house was divided up, with the ground and first floors comprising doctors’ waiting rooms, the second floor a flat, and the third and fourth floors a maisonette.

Lucie Campbell held a long lease on the maisonette, which comprised 29.2% of floor area of the house as a whole. The lease obliged Daejan, as the landlord, to repair the roof and outside walls of “the premises” (i.e. the maisonette) and obliged Campbell to reimburse 40% of the cost of meeting that obligation. Daejan carried out various works to the roof and main walls of the house. When it came to recovering a share of the costs from Campbell, Daejan argued that the use of the term “the premises” must have been a mistake: the clause should have referred to “the house” as a whole, so that Daejan was obliged to repair, and to recover costs in respect of, the roof and walls of the whole house.

The judge at first instance agreed. It made no sense for Campbell to bear only 40% of the cost of repairing the exterior walls of her maisonette but also to bear 40% of the cost of repairing the entire roof. It would also mean that she did not have the benefit of a covenant from the landlord to repair the rest of the building and would result in Daejan being unable to recover all the costs of fulfilling its obligations. It was inconceivable that

The court can conclude that the parties must have made a mistake in setting down their contract

“

Julian Greenhill provides an overview of recent dilapidations rulings

T

L E G A L

landlord”. Finally, the licence contained a clause 5 which deemed that “the undertakings and obligations on the part of [the Council] herein contained” were to be incorporated in the lease. At the end of the term Batley gave oral notice to the council to reinstate the alterations. The council refused, saying written notice was required by reason of the clause in the lease operating via the deeming clause in the licence.

The Supreme Court concluded that, while the licence could bear more

than one interpretation, applying the principles set out in the Rainy Sky case, oral notice was sufficient in this case to trigger the obligation to reinstate. The licence was a separate and self-standing contract. It had to be construed in its own terms, albeit against the background of the lease. Starting with the words of the licence, they did not require written notice to be given. Clause 5.8 of the lease

M A R C H /A P R I L 2 0 1 5 1 9


Julian Greenhill is a Barrister at Wilberforce [email protected]

A matter of interpretation

When choosing between more than one available interpretation you start with the ordinary meaning of the words

“

a landlord of a long lease would agree to that. The judge saw it as a case for application of the Chartbrook principle and held that “the premises” was an obvious mistake for “the house”.

Campbell appealed. The Court of Appeal applied the Chartbrook principle but disagreed with the judge as to the result of doing so. None of the reasons given by the judge were grounds for concluding that there was a clear mistake in the lease. The clauses in question were variously said by the Court of Appeal to be “capable of improvement”, to “pose some puzzles for the reader” and to produce a result that was “odd”. But, crucially, they did not produce a result that was absurd or commercially nonsensical so as to engage the Chartbrook principle. It is clear from Campbell v Daejan that it takes a strong case to conclude that a mistake has been made in a lease.

In the Scottish case of L Batley Pet Products v North Lanarkshire Council [2014] 2 P&CR, the principles of interpretation applied are, for present purposes, the same as those applied in England.

The facts of the case were these. The council had a lease from Batley on full repairing terms. The lease contained a clause 5.8 requiring that: “Any notice … shall be in writing”. By a licence to alter (called a “minute of agreement” in Scotland), Batley permitted certain alterations by the council. The licence required reinstatement at the end of the term “if so required by the

requiring written notice had not been incorporated into the licence by clause 5, the intention of which was to give the landlord the right to forfeit the lease for breach of the licence.

This interpretation did not lack business common sense because the notice in question was only being given at the end of the term of the lease when the council would have to turn its mind to addressing all its obligations on yielding up.

The point that emerges from Batley Pet Products v North Lanarkshire is one that is not yet fully developed in the cases: when choosing between more than one available interpretation you start with the ordinary meaning of the words. The more strained an alternative “available” interpretation, the more commercially compelling it will need to be to be correct. In this case the council’s more strained interpretation of the words did not have a sufficiently compelling “commercial” argument to enable it to displace the more obvious reading of the licence. C

Related competencies include Conflict avoidance, management and dispute resolution procedures

Images © iStock


2 0 M A R C H /A P R I L 2 0 1 5 Image © Image Source

H E A LT H A N D S A F E T Y

Safety in numbers

Health and safety is a subject that everyone engaged in business needs to take seriously. In the event of a failure, employees, managers and

directors, employers, anyone in control of premises, and indeed the business itself, may be prosecuted.

Prosecutions can be brought under the Health and Safety at Work Act 1974; the Corporate Manslaughter and Corporate Homicide Act 2007; or under an action for gross negligence manslaughter. Penalties can include imprisonment and unlimited fines.

Effective management of health and safety is therefore relevant to all members of RICS. Good practices contribute to successful business, while failures can result in loss of business and substantial compensation payments.

In 2014 the RICS Health and Safety Advisory Group repeated a health and safety survey of members in the property industry first conducted in 2011 with input from the University of Portsmouth. The aim was to build on the findings to:

b establish how health and safety practices in the property industry compare to those in the wider industry and to legal requirements

b find out how RICS can help members through the provision of further information and guidance

b understand the attitudes, practices and requirements of RICS members within different sectors of the property industry

b provide data for comparison with earlier survey information to identify trends in health and safety management.

Industry sectorsMost responses (25%) were from the building surveying, quantity surveying and construction sectors, which reflects the wider membership distribution of RICS. However, compared to the previous survey responses (60%), there is a more even distribution across professional groups.

Survey findings reveal an increased awareness of health and safety in the property sector, but issues remain, explains James Bridgland

This is a positive development and may reflect a wider awareness of the subject within the property industry generally.

Since 2011, awareness of health and safety matters appears to have increased, although there are many factors involved in measuring this and some caution needs to be exercised in interpreting the data.

It is interesting that 11% of members who responded to the survey thought that ‘awareness’ was a problem in relation to managing health and safety within their organisation, a higher percentage than 2011’s 6%. Also, although 64% of members said they were involved with health and safety issues at work, this is down from 73% in 2011.

However, the survey shows improvements in health and safety

management practices generally and it may be that increased awareness results in people understanding what needs to be done and recognising that there is room for further improvements.

Some key findings from the 2014 survey suggest that awareness of health and safety management has improved at all levels within organisations (see Table 1).

Interventions arising from health and safety inspectors (6%) and from client requests (8%) are only slightly higher than in the findings of the 2011 survey.

Some 48% of respondents said they had undertaken or been involved in a review or audit of health and safety management in the past three years. This is a significant increase over the 2011 figure of 18% and supports the

Where improvements were made, they were: 2011 2014

Initiated by manager to protect workforce and/or reduce exposure to risk

42% 60%

Initiated by manager to comply with legislation 33% 43%

Suggested by staff 2% 17%

Table 1


M A R C H /A P R I L 2 0 1 5 2 1

evidence for increased awareness and involvement with health and safety matters by RICS members.

Communication Communication was an area of concern at the time of the previous survey. Members reported difficulties in getting the necessary health and safety information from clients and contractors, as well as some internal communications limitations within organisations. All of these areas have improved (see Table 2).

The flow of information is a key element of the Construction (Design and Management) Regulations 2007 (CDM), and the survey findings suggest that the industry may have responded to this. However, there is still some way

to go, particularly in obtaining necessary information from third parties. It will be interesting to see whether the replacement Regulations, due in 2015, will help in this respect.

ResourcesIn the area of resources there has been deterioration in practices, which may be a consequence of the recession and the resulting pressures on staffing, time and money (see Table 3).

The 2014 survey findings may reflect the change in the proportions of responses from different professional groups and the variations in practices between sectors. Irrespective of the reasons, the issue needs to be addressed by RICS members and those with whom they work.

TrainingEncouragingly, there has been a significant increase in the importance accorded to training in health and safety matters, with more people having undertaken training and more people finding training helpful (see Table 4). Only 5% of members said that training and information was a problem area in relation to managing health and safety within their organisation.

Members confirmed that they look to RICS to provide support in managing health and safety at work, with 32% seeking guidance, 21% looking for CPD provision and 18% wanting RICS to help in sharing best practice. All of this is useful feedback for the RICS Health and Safety Advisory Group as it seeks to consolidate and develop these areas between professional groups.

Overall, the findings of the 2014 survey are encouraging. They suggest that RICS members across all professional groups are more aware of the need to comply with health and safety matters relevant to their work, and that their organisations are taking steps to implement improvements in management practices.

The provision of information by the different parties in relation to professional work and within RICS members’ organisations has improved but remains a problem area. Members should use the replacement of the CDM Regulations in 2015 as an opportunity to address this in relation to construction work, perhaps combined with a review of their health and safety procedures generally.

Of particular concern are the comments that lack of time and resources are hindering safety management for an increasing number of members. The provision of adequate resources is a key aspect of effective health and safety management systems and managers must ensure that audit arrangements address this fully. b

Survey questions 2011 2014

Clients provide the necessary health and safety information 34% 44%

Contractors provide the necessary health and safety information 59% 63%

There is good communication within my organisation about health and safety issues that affect me

78% 86%


Sites I work at normally have health and safety arrangements in place

84% 70%

Sometimes there is not enough time to get the job done safely 8% 13%

Time and resources are a problem needing to be overcome in relation to managing health and safety in my organisation

5% 20%


The knowledge I gain from training helps me perform my work safely

81% 89%

Have you undertaken risk assessment training in the past three years?

27% 80%

Have you undertaken general health and safety training in the past three years?

26% 76%

Table 2

Table 3

Table 4 James Bridgland is Managing Director at Phase [email protected]

Related competencies include Health and safety


2 2 M A R C H /A P R I L 2 0 1 5

I P M S

As many members are no doubt aware, the current Code of Measuring Practice, now in its 6th Edition, is in the process of being updated in the light of the International Property Measurement Standards (IPMS) for offices, published in November. The revised Code will be recommended international best practice for all our members.

The IPMS consultation process closed on 15 September and the IPMS Standard Setting Committee (SSC) recently finalised the International Property Measurement Standards: Office Buildings, available at www.ipmsc.org.

In addition, the IPMS SSC is in the process of drafting international measurement standards for the other building classes such as residential, industrial, retail and mixed use, all of which are due to be published during the course of the next two years. At the time of publishing, the SSC is currently drafting the International Property Measurement Standards: Residential consultation document.

Alexander Aronsohn provides more details on the IPMS for offices and how these differ from the Code of Measuring Practice

Measure for measure

RICS has also set up a working group of industry experts representing all 17 RICS professional groups to write a new suite of RICS professional guidance for measuring different property classes. This process will start with the guidance for measuring offices, which is due to be published in 2015, followed by the other property classes as they are finalised.

Therefore, there will initially be two standards in operation for RICS members with the Code of Measuring Practice updated as each new piece of guidance is agreed.

Key differences The first main difference is conceptual. Over a number of years, measurement and valuation became intertwined, whereas in reality they are two very distinct disciplines. To agree this international standard, the SSC felt it was necessary to separate the two practices. As a result, IPMS does not exclude areas with restricted height, believing that, for example, a restricted height and the rental rate to be applied is a valuation issue that does not affect the overall size of an office building. The SSC has focused, therefore, only on issues directly related to measurement.

However, this is not the whole story. Section 2.3 Limited use areas recognises that: “Service providers need to be aware that in certain markets there may be areas in buildings that are incapable of occupation in the light of government regulation or labour legislation. Such areas

A


M A R C H /A P R I L 2 0 1 5 2 3

and their limitations are to be identified, measured and stated separately within IPMS reported areas. For example, if areas are subject to a height restriction the height should be stated in the reporting document and in the sample spreadsheet.”

There will be a number of other differences in relation to the old code and the new guidance, the first concerning the way we measure. In the past, all RICS members would measure from above the skirting area to gauge net internal area, but to agree an international standard it was necessary to compromise because most of the rest of the world measures from the internal dominant face.

To comply with IPMS, all RICS members will need to measure from the internal dominant face, defined as: “The inside finished surface comprising 50% or more of the surface area of each vertical section fomring an internal perimeter.” This cheese slice/vertical section approach provides more accurate measurements than the previous average/overall measurement taken for a wall with jutting features.

The next main difference is in relation to the plans used for measurement. asserts that the service provider should use the best available method of measurement, which should be clearly stated. The guidance will encourage the use of the best technology available within markets and recommend that all measurement is supported by as-built computer-assisted design (CAD) plans.

Where as-built non-CAD plans are used as a basis for measurement, figured dimensions should be used in preference to scaling. In the absence of plans it is for the service provider to state how or whether the floor area has been established, for example by laser or tape measure or by adopting pre-agreed areas.

IPMS 1, 2 and 3IPMS: Office Buildings comprises three main standards, all of which will be replicated within the guidance, although more detail may be given to our members. IPMS 1 is defined as: “The sum of the areas of each floor level of a building measured to the outer perimeter of external construction features and reported on a floor-by-floor basis.” This is

particularly in relation to columns, which will no longer be deducted from the area. As with restricted height it was felt that this was a valuation issue that should not affect the overall measurement of the offices. If an office had multiple columns, which affected the available office space, the valuer would note this during their inspections and adopt a lower rental rate, when carrying out a valuation.

In addition, IPMS 2 is divided into eight component areas (see panel).

The advantage is that it enables members to translate existing measurement codes into those used by RICS, allowing transparency and cross-border comparison. Depending on the clients’ instructions it will also allow members to provide measurements to more than one standard.

The final main standard is IPMS 3 – Office, which is the area available on an exclusive basis by an occupier, but excluding standard building facilities. This was previously known as net lettable area and the main difference lies in the separation between valuation and measurement on issues such as columns and restricted heights.

This is quite a lot of new information for members to take in and there will be a settling in period as the standard is adopted. RICS will be supplying the tools, training and information that members will need. b

More information >To find out more information on IPMS and the forthcoming RICS professional guidance, see RICS conference and Webex training available at www.rics.org and the IPMS Coalition website www.ipmsc.org

Component Area A: Vertical penetrations Stairs, lift shafts and ducts, but any penetration of less than 0.25m2 is disregardedComponent Area B: Structural elementsAll structural walls and columns that are to the inside of the internal dominant faceComponent Area C: Technical services Plant rooms, lift rooms and maintenance roomsComponent Area D: Hygiene areas Toilet facilities, cleaners’ cupboards, shower rooms and changing roomsComponent Area E: Circulation areasAll horizontal circulation areasComponent Area F: Amenities Cafeterias, day‐care facilities, fitness areas and prayer roomsComponent Area G: Workspace Area available for use by personnel, furniture and equipment for office purposesComponent Area H: Other internal areas Internal car parking and store rooms

Measurement and valuation became intertwined, whereas in reality they are two very distinct disciplines

the same for all classes of building and this definition is more or less equivalent to our old definition of gross external area.

IPMS 2 – Office is defined as: “The sum of the areas of each floor level of an office building measured to the internal dominant face and reported on a component-by-component basis for each floor of a building.” In many markets, but not universally, this is known as gross internal area. However, there are a number of fundamental differences,

Related competencies include Measurement of land and property

IPMS 2 - Office

Alexander Aronsohn FRICS is RICS Director of Technical International [email protected]


L E G A L

2 4 M A R C H /A P R I L 2 0 1 5

Checking contractsIn the first in a new series of construction case law updates, Laurence Cobb looks at the importance of checking contract details

Laurence Cobb is Partner at law firm Taylor [email protected]

Two recent cases provide lessons on payment notices and when a contract becomes legally binding.

Looking at the first, ISG Construction Ltd v Seevic College [2014] EWHC 4007 (TCC) showed that adjudication cannot be used to avoid serving payment notices. The defendant employer Seevic and claimant contractor ISG entered into a contract under which ISG made an interim payment application. Seevic failed to give a payment notice and was late in giving a pay less notice (see panel).

ISG issued adjudication proceedings claiming payment of the interim application as the default payment notice. The adjudicator ordered payment; however, Seevic obtained a ruling that he was not deciding the value of the works at the date of interim payment application.

It brought a second adjudication to order the difference between the value of the works and the decision in the first adjudication to be repaid. The (same) adjudicator valued the works and ruled that ISG should indeed repay this amount.

However, ISG successfully brought proceedings to enforce the first adjudication with the court holding the second adjudication void. Seevic's failure to serve a pay less notice meant it had agreed the value of the works claimed in the interim application. In addition, the first adjudication's Notice of Adjudication stated that the dispute was the "value of the works carried out by ISG under the contract" with the decision sought as "the contractual value of ISG's work as at [the date of the Interim Application]".

This meant the adjudicator should determine the true value of ISG's work at the date of the interim application. The first adjudication had decided that the

sum claimed was due to the contractor and determined the value of the works. The second adjudicator was asked to decide the same dispute and so lacked jurisdiction.

The court held that any other decision would render the Construction Act payment regime meaningless. If the employer failed to issue the requisite notices in time, the contractor would be entitled to the amount stated in the interim application.

So make sure that payment notices are served on time. Failure can result in disastrous consequences.

Test of termsIn the second case, Malcolm Charles Contracts Ltd v (1) Charles Julian Crispin (2) Zhang Ya Yu [2014] EWHC 3898 (TCC), the claimant contractor priced the works that the defendant employers intended to carry out on their residential property. It then sent a blank JCT contract (including an adjudication agreement).

The claimant contended that the parties agreed a contract on the basis of the proposed JCT form at a minuted pre-contract meeting and the architect

issued documents (including the JCT form). The claimant attended site but the defendant told the claimant not to start work.

The claimant issued adjudication proceedings claiming abortive costs and breach of contract. The adjudicator ruled in their favour because the parties had concluded a contract and the claimant brought proceedings to enforce the decision.

The defendant argued that there was no contract between the parties so there could be no adjudication. The court disagreed and held that the parties had, as a result of their words and conduct, reached agreement on the essential terms of a building contract, which included an adjudication agreement.

The case demonstrates that not all terms need to be agreed on for a construction contract to exist: an objective test will be used to determine whether the parties have agreed on the same terms on the same subject matter. Construction contracts normally require agreement on work scope, price, payment terms and time for performance.

Be clear whether you have accepted an offer as acceptance can be by conduct. The defendant's failure to flag that the negotiations were subject to contract led to the conclusion of acceptance by conduct.

Minute pre-contract meetings but make sure you read them and raise objections immediately. The meeting showed agreement on various terms and described itself as a "letter of intent" which the court said was not inconsistent with its findings. The defendant did not object to the minutes’ content.

Finally, be aware that giving the contractor keys may be viewed as sealing the deal. The court held that a contract came into existence when the claimant was given keys to commence work. So do not allow work to start until everyone is agreed on what terms govern the works. C

Pay less notices

If a payer intends to pay less than the amount prescribed in the payment notice then it must issue a pay less notice in setting out the sum that the payer considers due and the basis for its calculation in accordance with the contract. It is irrelevant if the sum is zero. If the payer does not issue a pay less notice, they must pay the amount in the payment notice.

Related competencies include Contract practice, Contract administration

M A R C H /A P R I L 2 0 1 5 2 5

Finding it difficult to get your Quest reports or building surveys typed in time?

Outsec is a pay-as-you-go, 24/7 internet typing company with instant access to British secretaries with a wealth of experience in the UK property sector.

Your own regular British internet typist can input directly into Quest, Val-Ex or produce complete building surveys and home buyers reports using your own Microsoft Word templates.

No monthly fees or minimum charges make OutSec the sensible and flexible online typing alternative to temps.

If you have a standard PC, internet connection, mobile phone or a digital recorder you can start with OutSec today.

Call us on

0870 243 [email protected]

Our most important client is YOUwww.outsec.co.uk

No fixed costs or minimum monthly spends

Highly confidential with secure data transfer

OutSec App turns Apple devices into digital recorder

Record and send from any location

No more recruitment or employment issues

Same British secretary every time you submit work

Dictamus App for Android Now Available

Ironfounders

J. & J.W. LONGBOTTOM LTD

Cast Iron GuttersOrnamental HopperheadsRainwater and Soil Goods

Gratings, Air Bricks

Bridge Foundry, Holmfirth, Huddersfield HD9 7AW

Exclusive Pattern Range

Comprehensive Stocks for prompt delivery

Tel: 01484 682141 Fax: 01484 681513for our fully illustrated catalogue

A DV E RT I S I N G RICS BUILDING SURVEYING JOURNAL

Courses accredited by:For further information contact our friendly Enquiries team:email [email protected] or call 0800 019 9697

The College of Estate Management offers a range of RICS and CIOB accredited bachelors’ and masters’ degrees via supported online learning. Our Foundation Degree caters for those looking to take their fi rst steps into higher education.

“ Gaining my degree has helped me to secure a more senior role and enrol onto the RICS APC, fullfi lling my desire to become a Chartered Surveyor. I thank the College for the help and support they gave me.”

Pete Ewbank, BSc (Hons) Building Surveying Senior Building Surveyor, Fairhurst Estates Ltd.

www.cem.ac.ukPatron: HRH The Prince of Wales

Progress your careerin building surveyingwith an accessible, relevant andcost effective qualifi cation

28793-RICSbuildingSurveying-HalfPage-260115.indd 1 26/01/2015 15:19



A P C

2 6 M A R C H /A P R I L 2 0 1 5

HEwan Craig, a speaker at the RICS annual ‘It’s Your APC’ conference, talks about the competency of housing maintenance, repair and improvements

Keep your house in order

Ewan Craig is an APC assessor and the Programme Leader for the BSc [Hons] in Building Surveying at the College of Estate [email protected]

Housing maintenance, repair and improvements is one of the optional competencies of the building surveying Assessment of Professional Competence (APC). Housing and maintenance work demands a good ability to apply technical competencies together, for example:

b construction technology and environmental services: how the housing stock is constructed

b building pathology: how the building has, or is prone to, deterioration and how to remedy this

b design and specification: how to improve a building to meet the client needs

b legal/regulatory compliance: Building Regulations and CDM Regulations.

The levelsAt level 1 Demonstrate knowledge and understanding of the nature of building maintenance, and the principles and practice of building maintenance management.

At level 2 Apply your knowledge to gather housing maintenance information, formulate policies, and implement housing maintenance management operations.

At level 3 Provide evidence of reasoned advice, prepare and present reports on maintenance management issues.You should be familiar with the housing maintenance, repair and improvements issues in your submission documents and be ready to address questions on them and aspects related to them.

Questions Actual questions are based on the candidate’s experience, which should be at level 2 but could exceed this. Two examples are given below.

Could you please explain how you produced a planned maintenance programme for estate X? This is aimed at level 2, however it could be extended to level 3, say if you presented the programme in a report. The answer would explain pertinent issues to support your application of knowledge.

The client brief required a planned maintenance programme for housing type A in estate X for the next 10 years. The programme was primarily for budgeting purposes to estimate larger items of planned maintenance in excess of £750. The programme would highlight future works, which would then have detailed inspections undertaken prior to any design and specification. Several houses already had condition surveys including estimated budget costs for repairs.

On reinspecting some of these houses it was found that these surveys were dated, so new surveys were undertaken. It was agreed with the client to inspect a set percentage of

house type A in the estate as a representative sample that could be used to extrapolate a programme. I arranged access to the properties and worked with a team of surveyors to carry out the surveys. Works were identified such as reroofing, and external redecoration, with forecast years for works together with estimated costs.

The costs were built up from a combination of sources such as the Measured Term Contract and price books, adjusted using indices to the current year. From an initial programme of the base information, I grouped together works to make the programme efficient and also tie into known improvement works which had already been budgeted for in specific years.

Would you please explain how you consulted with the tenants, contractor and housing manager about the quality of the maintenance service and works in estates X, Y and Z?This is aimed at level 2. The answer would show the issues that were considered in applying your knowledge.

This was a routine periodic check on the Measured Term Contractor’s (MTC) work and services. I inspected a randomly selected sample of invoiced jobs from the MTC for those estates. I followed an agreed pro-forma assessing quality, value, process and customer issues. I inspected the works concerned, talking to the tenants and housing manager on each job on the relevant issues.

I also followed the document trail and checked the invoicing against the schedule of rates and works undertaken. Any anomalies found in the documents and works were checked in detail with the MTC and housing manger.

CareGiven the time constraints of the APC your answer should give a brief but whole response. Care should be taken to demonstrate your own skills, abilities and knowledge to the assessors. C

More informationFor details on the APC pathway guide for building surveyors, visit http://bit.ly/1qBVUhw

Figures show that candidates with access to isurv.com are 12% more likely to pass than those who do not

Related competencies include Client care, Construction technology and environmental services, Legal/ regulatory compliance, Building pathology, Design and specification

www.isurv.com

HeadingCOVER LINE

HeadingCOVER LINE

xxx PG. 16

Construction JournalBuilding ConservationJournal

OPINION

Etched in the memoryAssessing the cultural value or preserving historical graffiti

PG. 28

I have written about the ways RICS can become a global body before, and the key message then as now is, don’t head off to somewhere faraway and say, “we do things much better back home”. If you do, you are just an expatriate and only welcome as long as the skills shortages last.

The sustainable way is to accept that similar bodies exist everywhere, to encourage collaboration, and to identify best practice. Making your group more visible is the key.

The most successful global businesses identify the opportunities and threats around their existing position before building visibility. For RICS historic environment professionals our position is strong because we have an accreditation scheme that conforms to International Council on Monuments and Sites guidelines, and we were the first professional body to adopt this global standard in 1992.

As Mike Moir points out on p28, there are skills shortages, and RICS has taken an ethical stand on the opportunities this creates. Supporting the movement of skilled people between states can have development benefits for the individual and the state, but it is a poor mask for a lack of resilience in the home market or underlying stress in the education and training sector. It is likely to harm the individual’s home state first, and the recipient state eventually.

If practitioners are thinking of working or hiring from beyond their own national borders, we have to think of it in terms of knowledge transfer, and take responsibility both for any inequality which has caused the impasse, and that which is inherent in all the remedies.

The RICS Amity University in Delhi and the new campus in Mumbai have been huge investments for the profession, but these are more than matched by the investments of time and commitment by the students – our future fellows – on RICS-accredited courses worldwide.

My own forthcoming visit to the University of Central Lancashire campus in Hong Kong amply illustrates

the global demand for learning opportunities as well as qualified practitioners. This makes RICS’ vision of a collaborative and learned worldwide environment profession ethically compelling.

Indeed, the greatest threat in the global market is identical to our sector’s threat in home markets. The historic environment, instead of being the invisible thread that binds all our past to all our future, becomes a specialism so isolated, riven and under-resourced that it is seen as a minority interest.

More learning, more collaboration and above all, more visibility won’t hurt. C

ILynda Jubb FRICS is Chair of the RICS Building Conservation [email protected]

Revitalising skillsHong Kong project rebuilds conservation techniques

PG. 30

Global skill building

Membership of the Building Conservation Forum is FREE. For more information, email [email protected]

March/April 2015rics.org/journals

Cast in a new roleVictorian railway canopy resited in station revamp

PG. 33

http://www.rics.org/journals

2 8 M A R C H /A P R I L 2 0 1 5

RICS BUILDING CONSERVATION JOURNAL

H I STO R I C G R A F F I T I

Etched in the memory

In modern society, graffiti normally carries negative connotations, but there can be historically, artistically and culturally important factors for

retention. Debate is focused on graffiti removal from buildings and the wider built environment.

However, clearly there are decision-making protocols for practitioners to highlight the circumstances governing whether an item should be removed or retained.

The classical definition of the term graffiti is ‘little scratching’ derived from the Italian graffiare. This has been redefined as “inscribed or surface applied media, forming writing or illustration, produced without expressed or implied permission” to better reflect the array of media and substrate types.

Cultural significance is a widely adopted concept in global conservation protocols to determine the value of places, buildings and associated artefacts. However, the cultural significance of historic graffiti has yet to be understood, leaving examples prone to mistreatment or removal. In Scotland the Scottish Historic Environmental Policy (SHEP) it is characterised by reference to one or more of three groups:

b intrinsic: inherent in the monument b contextual: relating to the monument’s

place in the landscape or in the body of existing knowledge

b associative: assessments of the associations of the monument, including current or past aesthetic preferences.

While these parameters are undoubtedly helpful, some aspects are inherently subjective. Traditional judgments on value were associated with “age and/or rarity and the idea of celebrating high art and culture as well as the icons of power and influence”. Today, this bias towards high art is altering, and it could be argued that traditional notions of heritage are shifting towards a higher appreciation for graffiti, new and old alike.

Alan Forster, Samantha Vettese-Forster and John Borland explore the cultural value of preserving historic graffiti

Historic contextSeveral examples of historic graffiti are representative of various visual and socio-political statements and are, therefore, potentially of great cultural significance. They reflect common media and substrate types, including, chalk, charcoal, and inscribed and carved surfaces. The nature of the receiving surface is important. For example, a very hard igneous stone would not lend itself to inscribed graffiti, while a soft chalk would.

The 9th century graffiti at Maeshowe, Orkney, is considered to be of great cultural significance. Described as a ‘dragon and serpent knot’, it was inscribed in fine grained sandstone.

The intrinsic value can be evaluated on several levels, with age being an important factor. When applying the SHEP system, retention and conservation would be relatively easy to substantiate. Strong, associative characteristics are formed between the influx of Vikings into Orkney. This piece documents their presence and thus establishes a contextual relationship between Maeshowe and its history. The runic inscriptions are rare; such examples are not widely seen outside of Nordic countries. They clearly show a skilfully executed, decorative illustration of aesthetic merit. Conversely, the piece’s ‘meaning’ is more uncertain in its

Graffiti retained on the east corridor of the Reichstag

in Berlin


M A R C H /A P R I L 2 0 1 5 2 9

geographical context. It is not until it is set in framework of the Nordic tradition of ‘symbolism’ that its consequence becomes more apparent.

Black death plague inscriptions are incised on the walls and columns of Ashwell Church, Hertfordshire. According to historian David Sherlock, these may be classified into two principal categories, references to the plague and popular sayings depicting the pre-Great Fire of London Old St Paul’s Cathedral. The date of these inscriptions has been based on understanding of the plague from external sources, and information contained in the text. It is also established on the premise that the illustration of Old St Paul’s does not include later alteration. This is important because few examples of architectural plans exist from this period.

The text-based graffiti inscriptions are also at eye level and are, primarily, done from the aisles, from a position where clergy officiating in the chancel could not have seen them being done. This is an important factor when defining graffiti. The absence of permission must be a key feature to its classification. The writing form is of a style that was not used around the time of the Reformation, thereby enabling indirect secondary dating to be achieved.

The inscriptions, capture many sayings such as: “Drunkenness breaks whatever wisdom touches” and alarmingly, “The lands about lie waste for lack of labourers through the pestilence”. The intrinsic value and more specifically, the research potential, is significant. The contextual and associative value of the graffiti are important due to the rarity of the inscription, which provides a first-hand account of the plague.

Social recordThe Reichstag graffiti was left by Russian troops entering Berlin in the final days of the Second World War. Mainly text based, written in pencil and chalk, only 202 pieces of graffiti remain, a very small proportion of the original number.

On the east corridor, the wording of one Cyrillac contribution translates as:

“Glory to the heroes who hoistedthe banner of victory over Berlin!ShindryaevU. AlexandrovS.K. Nalivaik

The retention of the Reichstag graffiti was politically contentious but has great associative value given that it represents an important event in Western history. The intrinsic value lies in its individual uniqueness, given that the graffiti are the only record left by the individuals involved, making their mark in the way that is as old as mankind itself. It is this connection with ordinary people that appears to be one of the most compelling aspects.

Various examples of graffiti have been recorded and archived by the Royal Commission on the Ancient and Historic Monuments of Scotland. Decisions to record and/or retain are made relatively easily when the examples are ancient or have been produced by famous people. However, they are rather more difficult with relatively modern contentious examples, i.e. the anti-Thatcher graffiti at the former Ravenscraig steelworks that, while without any artistic merit, would be of interest to social historians.

What is more difficult to ascertain is the long-term value of these items for those undertaking research or for wider society. Additionally, while some examples of graffiti are not historic in nature they would still be destined for conservation

from the day they were created, due to their associative characteristics.

For an item of graffiti to be readily considered as culturally significant it would ideally require satisfaction of more than simply the aesthetic components of the associative characteristics. In short, the greater the evidence for tripartite intrinsic, contextual and associative characteristics, the higher the likelihood of retention.

However, the determination of artistic merit creates problems and may benefit from additional sub-evaluation criteria using accepted definitions of ‘significant form’, ‘self-expression’ and ‘meaning’.

All graffiti could be claimed to be self-professed ‘art’, but whether it is ‘good’ art is a different question. The move away from sole expert evaluation toward greater community or individual appraisal could potentially create great democratisation, but may also generate tensions. The rights of an individual claiming that their marks are a reflection of their self-expression could lead to arguments being put forward for the retention of worthless graffiti or simply vandalism. This situation needs to be sensibly evaluated, by obtaining the views of the wider community. C

Dr Alan M Forster is Programme Director for the MSc/PgDip in Building Conservation (Technology and Management) at Heriot-Watt University, Edinburgh [email protected]

Samantha Vettese-Forster is a Reader in Critical and Contextual Studies at the School of the Creative Industries, Edinburgh Napier University

John Borland is Measured Survey Manager at the Royal Commission on the Ancient and Historic Monuments of Scotland

The greater the evidence for tripartite intrinsic, contextual and associative characteristics, the higher the likelihood or retention

Related competencies include Conservation and restoration


R E D E V E LO P M E N T

3 0 M A R C H /A P R I L 2 0 1 5

The Hong Kong Central Police Station (CPS) revitalisation project is an important initiative to conserve a heritage site. What was once a cluster

of law-and-order institutions will be transformed into a cultural destination where heritage, contemporary art and leisure elements are integrated for the

public to enjoy. The site is scheduled to open in 2016.

Refurbishment works are being carried across the 1.4ha site, while two low-rise buildings designed by Herzog & de Meuron are being constructed to add new space.

Authenticity is a guiding principle. Fortunately, research uncovered large volumes of records, plans, diagrams and photographs from when the buildings

were first built. These discoveries have informed the works including the selection of materials used to repair the roofs, walls and floors, the windows and doors, all aimed at returning the buildings to their former glory.

With revitalisation as a key aspect of this project, the compound also needed to meet modern-day requirements. This included careful planning of people circulation in the architectural

A conservation project in Hong Kong is helping the country to develop skills and techniques that will serve the sector well in future, as Mike Moir explains

Arresting development


M A R C H /A P R I L 2 0 1 5 3 1

context, provision of barrier free accesses, fire prevention and safety designs and utilities.

A balanced approach is central. The two new buildings provide a highly visible example, linking the various components of the site and providing new space, and hence reducing the need for intervention to the old ones. The modern aluminium brick facades are designed to echo the stone and brick walls of the heritage site.

Stakeholder engagement is a key to the project, shaped by ongoing consultations and discussions with regulators, the heritage conservation and art communities, district council, local communities, former users of the compound, environmental experts, interested individuals and the public at large. The selection of site operators is led by independent boards of assessors representing broad community interests, and the future operation of the site will also be guided by community advice.

Recruiting skillsRestoring historic building requires specialist skills. With much of Hong Kong’s building stock constructed since the end of the Second World War, few trade skills remain among the local workforce. Therefore, selective use of overseas tradesmen, part of whose

role is to train local workers, has been pursued to good effect.

The Hong Kong Government also maintains a list of contractors with recognised skills, which has been used to compile tender lists. References from past projects were examined to gauge the level of skill. Mock-ups, samples and trials were carried out extensively to ensure that the work meets the required standards.

In terms of project delivery and acceptance, conservation practices in Hong Kong are taking shape but there is no definitive guidebook to follow. However, the interactive process in place between the project team and the regulators has allowed the project to move forward and meet the unique challenges of the site. It is hoped that

Selective use of overseas tradesmen, part of whose role is to train local workers, has been pursued to good effect

“m The site is being developed as a cultural centre

l The aluminium brick facades of the new building echo the brick and stone of the original structures

n

Images © Hong Kong Jockey Club Charities Trust

3 2 M A R C H /A P R I L 2 0 1 5

R E D E V E LO P M E N T

the experience gained can be passed on for future schemes. In this way the CPS project can serve as a benchmark for conservation projects in Hong Kong, while not being too prescriptive allowing it to be tailored to the specific conditions of heritage buildings.

A sustainable business model will be in place to run the premises. A not-for-profit company, the Jockey Club CPS will be responsible for the overall management and maintenance of the site. It will also have the role of developing and coordinating site-wide activities and programmes involving various operators in heritage, contemporary art and leisure. Commercial space will take up no more than 27% of the total construction floor area of the site, but will provide the services needed by the visitors, as well as rental income to sustain the operation.

Embracing teamwork The importance of collaborative team working was acknowledged from day one. A strong project team was put

together comprising architects, civil and structural engineers, environmental experts, archaeologists and historians, all under the leadership of an internal project management team. New expertise and resources will be added as the project moves forward to ensure that the all aspects are in good hands.

Technical lessons have also been learned and the project has pioneered a number of techniques, most notably the use of paint analysis to understand the biography of buildings that would otherwise be hidden. A laboratory facility is now available through the Conservation Lab at the University of Hong Kong. Another example is the extensive repair and reuse of existing materials and components, compared with replacement using copies of the originals. The management of these tasks has provided with many invaluable lessons that can be shared with others.

There is also an urgent need to increase investment in developing trade skills in Hong Kong if conservation is to

be promoted successfully in the longer term. Supply chains and associated import and export controls need to be developed to improve access to a wider range of materials and components, and to mitigate problems associated with moving products across the border to mainland China. C

“We are a large public sector firm managing c130 sites and 220 buildings. When looking to downsize our estate I used the BCIS Building Running Costs Database to compare the running costs of one of our existing buildings with newer building alternatives to establish the viability to downsize and move into the alternative property. BCIS Running Costs Database is a valuable tool in assisting us to compare different buildings to help reduce our ongoing revenue costs.”

Quantity surveyor, Thames Valley Police

Discover BCIS Building Running Costs today. For a FREE demonstration visit rics.org/bcisdemo or phone +44 (0)24 7686 8433

BCIS Building Running Costs helped to save costs for this public sector firm. BCIS can help you too.

19771-BCIS 127.5x174mm-QS-ad.indd 1 09/09/2014 16:32

Mike Moir FRICS is Director of Property at the Hong Kong Jockey Club, which is funding and leading the refurbishment project through the Hong Kong Jockey Club Charities Trustwww.hkjc.com

www.centralpolicestation.org.hk

Related competencies include Conservation and restoration, Design and specification


n


M A R C H /A P R I L 2 0 1 5 3 3

Central to the £32m project to transform York’s original railway station at West Offices into a modern, state-of-the-art headquarters for York

City Council was securing the historic railway canopy at its heart. Although unused since the 1960s and in a state of ill repair, for the York Civic Trust and the railway heritage lobby the canopy was vital to providing visual evidence for the building’s original purpose.

Peter Brown, Director of York Civic Trust, points out: “Initially, our preference was that the canopy should remain where it was, but it was apparent that if it did even the most imaginative architect and developer could not meet the council’s open plan brief within the structure of the Grade II* listed building. We needed to consider the site holistically, and seek a solution that would safeguard and revitalise as much of the overall building as possible, while respecting the historic significance of the canopy.”

Originally, the canopy structure ran along the full length of the platforms and beyond, toward the city walls. In a solution that suited everyone, joint developers S Harrison Developments and Buccleuch Property agreed to dismantle and restore the remaining canopy and relocate it adjacent to the new glazed gable-end of the building, in full view from the adjacent city walls.

“In effect,” notes design manager Chris Hale, “the solution we agreed

not only preserves the structure but reintroduces it to public view. It released the whole of the building for restoration and regeneration, and enabled us to return it to civic use. From an uncertain future, West Offices now has a new lease of life that respects its heritage.”

Actually achieving the restoration and relocation of the canopy was the task of specialist organisation Casting

Repairs, appointed by main contractor Miller Construction to carry out the 12-month project as part of the overall 19-month build contract for the scheme as a whole.

A survey established how the Victorian canopy structure was originally assembled. As Casting Repairs technical manager Terry Sims explains: “Quite apart from the serious corrosion of the

A Victorian canopy was repaired and resited in the reworking of a York railway station, as Hugh Venables reports

Cast in a new role

C AS E ST U DY RICS BUILDING CONSERVATION JOURNAL

n The West Offices complex is now the headquarters of York City Council

k Resiting the canopy allowed the developer to meet the open plan brief for the regenerated building

n

3 4 M A R C H /A P R I L 2 0 1 5


C AS E ST U DY

bolted structure, the framework was actually fixed through the station walls so not all the issues we were to face were immediately visible. What was apparent was that some of the bolts had corroded to the extent that they formed a rust weld. Dismantling without causing further damage to the beams was a challenge.”

While every single beam, truss, spandrel and pillar was salvaged and reinstated, the glass and timber roof panels – not original – could not be retrieved. Many bolt heads, some concealed within the ornately cast columns, were removed before being knocked out and replaced with new fixings.

The thousands of items were individually labelled, before being taken to the company’s Chesterfield headquarters on specially adapted transporters. There, they were assessed, repaired where necessary and cleaned using shot- and sand-blasting to Swedish standard SA2.5, before

being holding-prime painted or weldable-prime painted and returned to site for reassembly. Many of the cast iron sections were metal stitched – an innovative process that involved re-bonding cracked sections without heat, thus avoiding the risk of distorting the beams.

The restoration process also involved creating new dowels and tapered wedges as well as new bolts. The reconstruction of the canopy on the

Hugh Venables is a consultant at Partners Group [email protected]

The solution agreed not only preserves the structure but reintroduces it to public view

“

gable end of the building took eight weeks to complete.

Sims reflects: “Whereas the structure, in its original location was affixed to walls on three sides, in its new location it is now freestanding. It is testimony to the Victorian engineers and to the skills of our own restoration team, that with the addition of a small number of additional tie-bars to give it extra rigidity, the structure is good for at least another 100 years and more.” C

m Before the redevelopment, what remained of the original canopy was hidden from public view

l Every beam, truss, spandrel and pillar was salvaged and reinstated

Related competencies include Conservation and restoration, Design and specification

n

M A R C H /A P R I L 2 0 1 5 3 5

Visit, Click, Browse, Buy at rics.org/shop

We are the leading supplier of BooksJCT and NEC contractsStandards and other digital products for professionals throughout the property and the construction industry.

RICSShop

Free UK delivery on orders over £75

For more information about how isurv can benefit youvisit rics.org/isurvhub or call 0247 686 8433 to buy now or request a free demo.

How can I ensure that I am compliant with the latest industry regulations? isurv has the answer

Updated by over 200 legal practitioners and industry experts, isurv provides you with the information you need to help reduce your legal risk.

Get interactive access to all RICS Standards as well as hundreds of RICS compliant documents and templates.

ValuationCommercial Property

ConstructionProfessional Conduct

Planning

Legal

Residential

Rura

lSu

stai

nabi

lity

Building Surveying

isurvWork smarter

not harder


A DV E RT I S I N G RICS BUILDING CONSERVATION JOURNAL

GUTTERLINECoveredGOT YOU

building surveying journal march april 2015

Documents