rights of light - sunlight and daylight

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NAHP INDEPENDENT CERTIFIER

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A Right to Light is a right (or easement) which the owner of one property has over another. The right is also intended to prevent a property owner from doing anything that would damage the Right to Light of another.

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Page 1: Rights of Light - Sunlight and Daylight

NAHP INDEPENDENT CERTIFIER

Page 2: Rights of Light - Sunlight and Daylight

EXPERIENCE SINCE THE BEGINNING

Since the introduction of the Grants for DeveloperFunding NAHP (National Affordable HousingProgramme) in 2006, calfordseaden have beeninvolved in providing consultancy advice to severallarge house builders, developers and registered sociallandlords relating to their applications for partnerstatus through to management of successful Bids.

OUR TEAM

Our Independent Certifiers are located in all of our offices,allowing a swift service near to individual schemes. Ourprevious involvement and experience of acting in this roleon nationally awarded programmes has proved that thegeography of our offices ensures our ability to deliver anefficient timely cost effective service.

WHAT IS AN INDEPENDENT CERTIFIER UNDERDEVELOPERS GRANT?

What it isIndependent Certifier for Developers Grant is someoneappointed by both the Homes and Communities Agency(HCA) and a Preferred Partner (Developing Agent).

The role is as an auditor to certify that the preferred partner has met the conditions of grant.

What it is notIt is not the same as the identical title under Private FinanceInitiatives appointments, nor is the role the same as that ofProject Monitor for a Funder, such as a Bank.

The role of Independent Certifier is predominantly one of checking standards have been met by the collection of verifications from other parties. Therefore a large amount of documentation needs to be forwarded to the Independent Certifier and then cross-checked forcompliance with Bid details.

We seek information in four tranches:

At appointment;Start on site;During the construction phase;Prior to practical completion.

Obviously the more information received at or before the requested stage permits any non-compliance to berectified at an earlier time, or waivers sought.

For ease of internal storage of your audit files and to reduceDeveloping Agents costs we recommend that information is collated into categories and sent as scanned electroniccopies saved onto CD. If this is not possible, calfordseadenwill of course accept hard copies of data.

Although the major workload and responsibility of the Independent Certifier is office based, progress on site and the critical path is useful information. This isachieved through close liaison with the Employers Agent’sand by requesting inclusion on the distribution list of sitemeeting minutes. Our Independent Certifiers producemonthly reports that show the current status ofdocumentation signed off and those that are still awaited.

OUR EXPERTISE

Page 3: Rights of Light - Sunlight and Daylight

As the role is essentially designed to report on audit trailcompliance, site visits are less frequent than the monthlyreports. We generally propose the following:

1. Start on site for familiarisation of the scheme2. Certification Inspection - Pre handover to

Managing Agent.

CertificationThe units should be habitable and in accordance with the Bid criteria, i.e. having all standards and enhancementsmet. It is not, however, a requirement that the Client hasaccepted the dwellings as having met their own contractualor quality requirements.

Units can be signed off individually or on a block certificate.It is preferable that units are certified and signed off en blocto match grant phases. Grant conditions require that theIndependent Certifier’s Certificate is included in the finalgrant draw down. Final grant draw down is also requiredprior to handing over any unit to the Managing Agent.

Once a snag list is issued with a Certificate there are only five working days for the Developing Agent to rectify the identified items. It is preferable therefore that no outstanding remedial work is recorded.

Snagging items recorded under this Certificate are items ofnon-compliance of grant terms and not Employers Agentcontractual standards/requirements. To that end we wouldenvisage that all paperwork is received by calfordseadenfour weeks before the date requested for a site visit toinspect an agreed number of units.

Feescalfordseaden have a standard fee policy across the Practicethat we believe enables a high quality service. Two basic feeoptions are available with or without the services of anEmployer’s Agent. We also offer portfolio discounts to suit an individual Client’s needs.

Appointing calfordseadenWe are able to accommodate this service for all variants of Grant Agreement, but we do sometime require a smallnumber of changes to be inserted into the appointmentContract signed by yourselves and the Homes andCommunities Agency. These changes where necessary have to date always been agreed as being reasonable, bringing appointments into line with industry standards.

For further information contact:

Angela Lemon MRICSOrpington office

T 01689 888222

E [email protected]

Terry Bartholomew Dip Surv MRICS MAPMLondon office

T 020 7940 3200

E [email protected]

Ross Sheridan BSc (Hons) MRICS ICIOBBirmingham office

T 0121 454 1688

E [email protected]

Neil Callum Dip Surv MRICSWinchester office

T 01962 718300

E [email protected]

Page 4: Rights of Light - Sunlight and Daylight

HEAD OFFICESt John’s House, 1a Knoll Rise

Orpington Kent BR6 0JX

T 01689 888222

F 01689 888299

E [email protected]

King's Head House

King's Head Yard

Borough High Street

London SE1 1NA

T 020 7940 3200

F 020 7940 3299

E [email protected]

Stewart Court

214a Hagley Road, Edgbaston

Birmingham B16 9PH

T 0121 454 1688

F 0121 454 1700

E [email protected]

Calford House

Wessex Business Park

Wessex Way

Colden Common

Winchester S021 1WP

T 01962 718300

F 01962 718350

E [email protected]

www.calfordseaden.co.uk

Printed on paper manufactured from 100% woodfree ECF (ElementalChlorine Free) pulp sourced from sustainable managed forests. It is totallyrecyclable and manufactured within ISO 14001 accredited mill. Alsoconforming to EMAS (Eco-management and audit scheme). It is one of the first papers to carry the FSC (Forest Stewardship Council Certification).

calfordseaden LLP is a Limited Liability Partnership Registered in England and Wales number OC315838 Registered Office: Devonshire House, 60 Goswell Road, London EC1M 7AD where a list of members is kept

CHARTERED SURVEYING PROJECT MANAGEMENT ARCHITECTURE & MASTER PLANNING CIVIL & STRUCTURAL ENGINEERING MECHANICAL & ELECTRICAL ENGINEERING SUSTAINABILITY ADVICE HEALTH & SAFETY CONSULTANCY