Professional Consultancy

Imposed legal liabilities are now placed upon property owners when undertaking any building works that affect a party wall structure this can relate to a physical party wall between properties or boundary party fence wall.

Associated works do not necessarily have to directly affect the relevant structures with the same liabilities being imposed upon owners for works which fall within the relevant zoned proximities of such structures (3.0m and 6.0m ruling). The first requirement is to obtain specialist advice as to your liabilities under The Party Wall Act 1996.

Bakers Surveyors offer specialist surveying advice and representation in respect of the Party Wall Act and can act for the Building Owner, the party carrying out the works or the Adjoining Owner, the party whose property may be affected by the works. Alternatively, if the circumstances allow, we can mutually be appointed by parties to act as an Agreed Surveyor representing both parties offering a simpler and cheaper alternative to owners.

Dilapidations is the term used by solicitors and surveyors to describe the breaches of covenant and disrepair affecting a building during a tenancy. Repair covenants will tend to be the responsibility of the tenant during their tenancy and/or when their lease has ended upon hand back of the property.

Upon termination of the lease attention, normally by the landlord, will become focused on the contractual matters arising from the relevant maintenance terms of the lease. This will include the condition of the building, statutory compliance and any outstanding or none compliance by the tenant leading to unacceptable condition of the property upon handover.

Such claims will often be of significant value. Bakers Surveyors are able to provide professional advice and guidance to both landlords and tenants alike interpreting lease requirements fairly. Our services can include inspections, reports, recommendations and formulation of claims and Wants of Repair where appropriate.

It is always recommended prior to commencement of a lease that a suitable Schedule of Condition Report (RICS Surveys) is appointed and agreed by both parties as this will form the reference point in any dilapidations claim.

Obtaining advice and guidance at an early stage eliminates disputes and confrontations with neighbours while also preventing costly and unnecessary delays to works.

Boundary disputes can often become an emotive matter between parties requiring careful and considered independent professional intervention to allow for amicable and sensible resolution.

Bakers Surveyors have an extensive knowledge and understanding of ownership laws which is invaluable in resolving many of the misconceptions that can arise over the definition of a boundary between two properties.

Our boundary dispute and mediation services can be for individual parties although where possible it will always be recommended this be via joint mutual appointment by relevant parties. We generally will undertake an initial site assessment and listen to representations and consider any provided supporting documentation from both parties. The next stage will lead to the referral to Land Registry and Conveyance title plans/documents. If inconclusive we can then appoint a formal electronic measured survey of the site and overlay the relevant layers of information and plot/mark proposed boundaries on site.

Where boundaries are found to be incorrect or changes are required we are able to formulate land registry compliant plans allowing parties to then formally lodge amendments with statutory bodies.

If you have been left in an untenable position as a consequence of building works this can require expert guidance and advice. Bakers Surveyors can provide professional mediation/resolution services which if appointed at an early stage can ensure that disputes are resolved without costly legal escalation.

Such disputes will generally be centred around disagreements in extra over costs/works, standards of workmanship, overrun of the contract timetable etc. Disputes can often be avoided or minimised by the use of a qualified surveyor to carry out Contract/Project Administration. Bakers Surveyors are able to provide such services for both minor refurbishment projects to more major new build contracts. Please refer to section

Litigation is now unfortunately becoming common place within all property and construction sectors. It is imperative that property professionals are able to provide in depth and impartial/independent technical advice on contentious property matters. Our services extend to both private and commercial clients along with solicitors.

Where legal action is unavoidable we can prepare preliminary reports or full Part 35 CPR (Civil Procedure Rule) compliant reports. This will provide professional opinion as your Expert Advisor or Expert Witness in an impartial way in accordance with contractual terms and appointed works.

Bakers Surveyors have gained years of experience across both Residential and Commercial property sectors which enable us to provide considered and balanced expert advice along with arbitration and court representation. We can offer representation in the following areas;

• Boundaries and Party Walls
• Surveying/professional negligence
• Landlord and Tenant rent reviews and lease renewals
• Professional Arbitration
• Construction disputes
• Dilapidations
• Valuation negligence for loan security
• Valuations for solicitors/surveyors insurance claims