Designing Buildings - User contributions [en]

Making commercial property more efficient

2020-01-10T13:31:43Z

Trident Building Consultancy: Created page with "New year, new efficiencies. If you own, run or occupy a commercial property, you will always benefit from improving your asset. Increase net lettable space There is a direct co..."

New year, new efficiencies. If you own, run or occupy a commercial property, you will always benefit from improving your asset.

Increase net lettable space

There is a direct correlation between the amount of space and the revenue it delivers. But this only applies to usable space, so take time to review your space and consider how you could improve or reapportion it. Pay particular consideration to shared areas which don’t deliver a direct income and identify whether, though providing a mezzanine floor or skylight, you can create additional lettable space.

Consider change of use

Changes in policy have made change of use from commercial to residential use (and others) simple to achieve, in many cases without the need for planning consent. Depending on the market, a change of use can substantially increase your returns. If you’re struggling to attract commercial tenants, consult a property expert and consider the alternatives.

Lease spaces

Consider whether currently under-utilised spaces have the potential to be used by other organisations: a meeting room or car parking spaces will have wide appeal; likewise attractive outside spaces. With some creative thought and marketing, more unusual spaces could have substantial appeal.

Adjust to decrease operating expenses

Review outgoings for the past year and make it your new year’s resolution to minimise them. If you don’t already have energy meters for each tenant, consider how for a minimal cost, you can pass the cost of energy use onto tenants when leases are renewed.

Analyse expenses on a per unit / cost per square foot basis and compare with similar properties, then aim to re-negotiate costs with suppliers. In some cases it may be beneficial to negotiate longer term contracts at more favourable rates.

Maintenance

Deferring maintenance will only save money in the short term. Unplanned repairs, due to the lack of maintenance, will ultimately cost more.

We recommend planned preventative maintenance (PPM): a strategic approach based on a detailed understanding of a building’s lifecycle. PPM can substantially reduce large unexpected costs, emergency call-out charges and downtime during repair work and ensure that a building is maintained to a high standard, and therefore a high value.

Rental levels

Do you have a comprehensive understanding of equivalent market rentals? If not, the likelihood is that your tenants are overdue an increase at their next rent review. If your rents are low but realistic, consider whether changes in the local market provide the opportunity for you to modernise your facilities and increase rent levels.

Bear in mind that substantially increased rents could lead to you losing tenants. In a buoyant market, this could lead to a higher calibre, more credit-worthy tenant, but if handled wrongly (or combined with unfavourable economic circumstances) you could inadvertently decrease your occupancy rate.

Review agents

Is your letting agent performing satisfactorily? A change, as well as resulting in direct savings can provide fresh ideas, leading to efficiencies elsewhere.

Similarly, check that the management company is providing the service expected of them. Poor facilities management may result in tenants defaulting on their service charges, so tackle any issues before they become a serious problem.

Find new tenants

If your building is under-occupied, give some creative thought to (or seek advice on) how to find tenants. You could incentivise new tenants (perhaps with a discounted first month rent rate, a low deposit amount or a short-term lease) or incentivise existing tenants to refer new tenants. The latter may benefit occupier synergy, resulting in tenants remaining for longer.

Energy efficiency

We are frequently called to undertake refurbishments that increase a building’s performance and the following shows some popular adaptations:

Heating and air conditioning

* Upgrading boilers to more efficient models
* Insulating hot water cylinders
* Reducing thermostat deadbands to prevent heating and cooling working simultaneously
* Introducing individual room thermostats or thermostatic radiator valves
* Installing heat recovery units to allow for the transfer of thermal energy
* Using high performance mechanical systems

Thermal elements

* Upgrading insulation to roofs, floors and cavity walls
* Retrofitting external insulation / cladding to solid wall construction
* Addressing draughts

[https://www.bestcompliance.co.uk/best-compliance-portal/best-compliance-guides/know-your-lighting/ Lighting]

* Changing to LED or compact fluorescent lamp (CFL) technology
* Maximising the use of daylight, where necessary combined with passive solar shading to reduce the need for air conditioning
* Utilising dimming lighting controls and PIR systems to allow lighting levels to be adjusted in relation to external daylight.

Glazing

* Replacing single glazed windows with double or triple glazing

Building controls

* Introducing motion sensors and adjusting timings on existing sensors

Renewables

* Introducing solar panels (both photovoltaic and solar thermal), biomass boilers, and air or ground source heat pumps

Metering

* Measuring and monitoring data on energy savings and indoor air quality and evaluating its effectiveness

Ensuring high levels of energy efficiency is not only a legal requirement, but satisfies a number of other objectives including tenant satisfaction, and is one of the many ways in which you can make your building more lucrative.

Preparing to sell a commercial property

2019-12-11T16:34:16Z

Trident Building Consultancy:

At times of economic uncertainty, selling a commercial property can be more difficult than usual. The following tips can help property owners to attract a good price for their commercial property.<br />

== More space, more value ==

The value of commercial property is essentially a multiplier of its lettable floor space: the greater the usable space, the greater the value. Not everyone can – or should – take on complicated extension projects prior to a sale, but there are ways in which you can maximise lettable square footage. A basic consultation with a surveyor can help you identify opportunities for more efficient uses - changes such as reducing the floor area in reception to create an additional office, adding mezzanine floors to double-height areas or creating skylights to make use of the top floor.

== The appeal of flexibility ==

Open-plan office layouts are increasingly popular. Removing internal walls to allow tenants to create workspaces, break-out spaces and communal areas is a cost-effective strategy. With an increase in remote working and hot-desking policies, spatial flexibility is a top priority for businesses.

== Demonstrate demand ==

Vacant properties can give the impression that a building lacks appeal, and so voids are a deterrent. Consider renegotiating existing leases, attracting new tenants (even encouraging short term tenants such as ‘pop-ups’) to create a vibrant atmosphere.

A building consultancy can give advice on lease renewal, whether you wish to terminate all leases upon the sale, or maintain tenancies in a seamless way.

== Present a building fit for the twenty-first century ==

Nothing is harder to sell than an outdated, tired property that conjures up fears of asbestos, damp and wiring failures. Improved heating, lighting, super-fast internet access and Wi-Fi can modernise a building, both in appearance and function, and provides a competitive edge.

== Make a strong first impression ==

Just as you must attract the purchaser into the building, your purchaser will need to attract staff and customers. If you’re going to invest in any one area of a building, it’s the reception that matters. Up-to-date fixtures, natural light and well-functioning doors can provide a welcoming environment without being a huge investment.

Pay attention to the external appearance, ensuring that the exterior is well maintained and the building is easy to access. With a little more – but worthwhile – investment you could consider changing external planting and lighting, introducing cladding or new windows. A single feature such as a fountain, green wall or sculpture can give a building a unique appeal. An effective landscaping strategy can influence whether people choose to enter a building; a water feature creates a sense of tranquillity and reduce traffic noise, and attractive outside seating can enable employees to benefit from fresh air in their breaks, while not straying too far from their place of work.

== Bring the outside in ==

Experts say that the connection between the outdoors and indoors boosts productivity, increases satisfaction and lowers operating costs. Consider adding ‘green’ walls (a wall partially or completely covered with greenery), using natural colours and materials and maximise natural light. Sustainability is the ultimate buzz-word in commercial property and biophilic design delivers this in a way that can be immediately appreciated by a building’s users.

== Capture quality in a name ==

Giving a property a name can be quick, inexpensive and immediate. A name should provide character, and identify its purpose and position in the market. There are many levels at which re-branding can take place: something that you will need to consider in relation to competing properties and the cost as a proportion of the sale price.

== Signage ==

Whether a thorough re-brand or simply a freshen-up, new signage pays dividends. Signage will be visible on all marketing material and will influence the impression of anyone entering the building. Consider the wide range of sign styles, materials, sizes and placements that will be necessary throughout the building.

== Create a property that stands out from the competition ==

When determining how to re-position your property, consider which changes will make it uniquely appealing: if a prospective owner is convinced that the building is of the right calibre and does not exist elsewhere, you have a sale.

== Invest wisely ==

Finally, don’t overspend. If necessary, seek advice from a cost consultant prior to committing to substantial investments. As a basic rule of thumb, consider that every change should create more value than it costs.

Preparing to sell a commercial property

2019-12-11T16:32:59Z

Trident Building Consultancy: Created page with "Preparing to Sell a Commercial Property At times of economic uncertainty, selling a commercial property can be more difficult than usual. The following tips can help property ow..."

Preparing to Sell a Commercial Property

At times of economic uncertainty, selling a commercial property can be more difficult than usual. The following tips can help property owners to attract a good price for their commercial property.

More space, more value

The value of commercial property is essentially a multiplier of its lettable floor space: the greater the usable space, the greater the value. Not everyone can – or should – take on complicated extension projects prior to a sale, but there are ways in which you can maximise lettable square footage. A basic consultation with a surveyor can help you identify opportunities for more efficient uses - changes such as reducing the floor area in reception to create an additional office, adding mezzanine floors to double-height areas or creating skylights to make use of the top floor.

The appeal of flexibility

Open-plan office layouts are increasingly popular. Removing internal walls to allow tenants to create workspaces, break-out spaces and communal areas is a cost-effective strategy. With an increase in remote working and hot-desking policies, spatial flexibility is a top priority for businesses.

Demonstrate demand

Vacant properties can give the impression that a building lacks appeal, and so voids are a deterrent. Consider renegotiating existing leases, attracting new tenants (even encouraging short term tenants such as ‘pop-ups’) to create a vibrant atmosphere.

A building consultancy can give advice on lease renewal, whether you wish to terminate all leases upon the sale, or maintain tenancies in a seamless way.

Present a building fit for the twenty-first century

Nothing is harder to sell than an outdated, tired property that conjures up fears of asbestos, damp and wiring failures. Improved heating, lighting, super-fast internet access and Wi-Fi can modernise a building, both in appearance and function, and provides a competitive edge.

Make a strong first impression

Just as you must attract the purchaser into the building, your purchaser will need to attract staff and customers. If you’re going to invest in any one area of a building, it’s the reception that matters. Up-to-date fixtures, natural light and well-functioning doors can provide a welcoming environment without being a huge investment.

Pay attention to the external appearance, ensuring that the exterior is well maintained and the building is easy to access. With a little more – but worthwhile – investment you could consider changing external planting and lighting, introducing cladding or new windows. A single feature such as a fountain, green wall or sculpture can give a building a unique appeal. An effective landscaping strategy can influence whether people choose to enter a building; a water feature creates a sense of tranquillity and reduce traffic noise, and attractive outside seating can enable employees to benefit from fresh air in their breaks, while not straying too far from their place of work.

Bring the outside in

Experts say that the connection between the outdoors and indoors boosts productivity, increases satisfaction and lowers operating costs. Consider adding ‘green’ walls (a wall partially or completely covered with greenery), using natural colours and materials and maximise natural light. Sustainability is the ultimate buzz-word in commercial property and biophilic design delivers this in a way that can be immediately appreciated by a building’s users.

Capture quality in a name

Giving a property a name can be quick, inexpensive and immediate. A name should provide character, and identify its purpose and position in the market. There are many levels at which re-branding can take place: something that you will need to consider in relation to competing properties and the cost as a proportion of the sale price.

Signage

Whether a thorough re-brand or simply a freshen-up, new signage pays dividends. Signage will be visible on all marketing material and will influence the impression of anyone entering the building. Consider the wide range of sign styles, materials, sizes and placements that will be necessary throughout the building.

Create a property that stands out from the competition

When determining how to re-position your property, consider which changes will make it uniquely appealing: if a prospective owner is convinced that the building is of the right calibre and does not exist elsewhere, you have a sale.

Invest wisely

Finally, don’t overspend. If necessary, seek advice from a cost consultant prior to committing to substantial investments. As a basic rule of thumb, consider that every change should create more value than it costs.

Improving building environmental performance during construction

2019-12-03T16:35:34Z

Trident Building Consultancy: Created page with "It’s well known that the construction industry is responsible for 45% of total UK carbon emissions and 32% of the waste sent to landfill in the UK. Consequently, many of those ..."

It’s well known that the construction industry is responsible for 45% of total UK carbon emissions and 32% of the waste sent to landfill in the UK. Consequently, many of those working in the industry are opting for construction methods with the least environmental impact. Below are ten ways to help tackle the issue.

ENERGY

Preserving energy is in important consideration during construction. Insulating the external envelope of a building once the shell is complete and avoiding draughts and heat leakages can help to reduce fossil fuels. It is also good practice to use natural daylight in place of electric lighting, and solar lighting when working at night or during the winter.

WATER

In recent years we have experienced some unusually long, hot summers, so we are more aware than ever of the finite quantity of available water and the energy required to make it suitable for human consumption (approximately 1.2 kWh for every cubic metre of water cleaned to potable levels).

Construction managers have the opportunity to address this by implementing systems that limit water usage, maximising the use of run-off and rain water – but must also be aware of the dangers of chemical treatments used in greywater recycling systems.

EQUIPMENT

Use high quality fuels (specifically renewables) and ensuring correct equipment lubrication benefit the sustainable management of equipment. Doing a few calculations and selecting an appropriately sized generator can significantly reduce both energy usage and cost.

MATERIALS

The astute construction manager will have knowledge of the respective benefits and dangers of construction components. For example, lime mortars are preferable to Portland cement mortars because bricks bonded with lime mortar can be reused in the future. Ash or brick dust can be added to lime mortar to enhance durability and shorten required setting times. Similarly, CO2 can be reduced by substituting cement with Pulverised Fuel Ash (PFA) or Ground Granulated Blast Furnace Slag (GGBS).

It is also worth considering the increasing range of recycled materials readily available – from aggregate to metals.

All too often, construction requires a small amount of a material which is only available in large quantities. In this case it is often possible to use a materials exchange scheme, or to plan to use the material for future jobs. When specifying materials, opt for those that have a good recyclate content, aim to use local suppliers, reclaimed and recycled building products and those which have an environmental kite mark.

MANAGING POLLUTANTS

It important to be aware of the potential effects of harmful materials and to understand how best to handle and dispose of toxic materials such as asbestos and cement dust. Pollutants also include the inevitable by-products of construction: smoke, fumes, gases, dust, steam, odour, noise and light. It goes without saying that the construction manager must ensure that all those working on site, and as appropriate, the local community, are adequately protected.

Methods for preventing or reducing pollution include the use of pre-cut building materials and silica-free abrasives (which reduce risk when blasting) and adopting the least polluting construction methods – for example reducing the unnecessarily use of powerful tools.

WASTE MANAGEMENT

There is a fine balance to be struck between disposing of materials on a frequent basis because of the immediate environmental impact and reducing lorry journeys. Standards and methodologies such as those developed by the BRE can assist in determining the best course of action.

Design the use of on-site waste management systems from the start. Significant savings can be made by pre-sorting site waste and using management systems such as SMARTwaste or WasteCostLite.

To prevent waste, material quantities should be considered carefully in advance but taking into account time constraints – for example, the short shelf-life of ready-mixed mortar.

It is also worth considering the services of waste management companies which can advise on practical recycling schemes, provide segregated waste containers, waste collection and recycling services, and disposal of waste at recycling centres.

INVESTING IN EFFICIENCIES

Technology such as Building Information Management (BIM) can be used to inform the cutting of items such as sheet metal efficiently. Furthermore, doing so in a controlled environment can avoid the shape-changing problems caused by cold or hot weather.

OFFSITE CONSTRUCTION

Offsite construction can have the benefit of reducing on-site waste, disruption to local residents, air / light / sound pollution and lorry journeys. It can range from selecting individual prefabricated materials to constructing large parts of a building’s structure in more appropriate surroundings.

Frequently this results in greater efficiencies. For example, in cutting wood or metal products offsite where specialist technology reduces waste, and any off-cuts are more likely to be recycled or disposed of appropriately.

SUPPLY CHAIN

The prospect of assessing an entire supply chain can seem a mammoth task but at its most basic it simply refers to specifying and sourcing sustainable materials, and where possible selecting local labour and products.

SITE MANAGEMENT

Sustainable site management goes beyond simple procedures such as wheel washing and general maintenance.

Energy performance certificates (EPCs) are not only for the completed building itself but can also be applied to site offices. Whether or not you are required to have and EPC assessment, it is worth assessing EPC criteria in relation to the site office to ensure that it is operating efficiently.

Essentially, a construction manager’s approach to sustainability comes down to planning a ‘lean’ approach: on a basic level, identifying wasteful activities and eliminating them; and on a more advanced level, investing in methodology and technology to manage-in efficiencies.

The challenge for construction managers today is to balance the requirements of the job with energy and resource efficiency, and in doing so, keeping abreast of an increasing array of technology and maintenance practices. The methods currently available have begun to fundamentally transform construction and it is within the scope of each construction manager to further the industry’s take-up of beneficial practices.

Property practices to assist tenant retention

2019-11-18T12:12:08Z

Trident Building Consultancy: Created page with "Replacing a tenant requires substantially more effort and expense than retaining a tenant. A cosmetic overhaul of a building is one of the quickest ways to give a building an up..."

Replacing a tenant requires substantially more effort and expense than retaining a tenant.

A cosmetic overhaul of a building is one of the quickest ways to give a building an uplift. And tenants’ spirits can be lifted with a change of colour (particularly a shift to natural colours), improved lighting (more natural light if possible) and the replacement of ageing fixtures and fittings. But before embarking on a refurbishment programme, consult each tenant’s lease and the Schedule of Condition (seeking advice if necessary) to check dilapidations responsibilities because unless the lease is adapted, changes to the fabric of the building may pose complexities when it is terminated. Also consider the timing of the refurbishment in relation to the planned preventative maintenance cycle. It would be unwise to invest in new lighting, for example, if a suspended ceiling is due to be replaced within a year.

Consider what additional amenities might benefit existing tenants. This might be a comprehensive change of use for parts of the building – such as the creation of a crèche, café or gym; or more simply, additional facilities such as storage lockers, a concierge service or digital security system. Amenities add personality and broaden market appeal. But plan additional facilities carefully, ideally consulting with tenants to ensure suitability.

If you don’t already provide free wireless internet access, this should be a top priority. Other technological facilities might be provided alongside Wi-Fi, taking your service from basic to desirable.

Many Grade A offices now provide network-based heating, ventilation and air conditioning systems which monitor performance and adjust the service based on the time of day. Other smart building systems can help owners reduce the amount of electricity being used by scheduling electricity reductions and can streamline visitor management by providing an efficient email based system of registration.

Car parks provide an opportunity for additional facilities. Most building refurbishments involve a reduction in car parking spaces. While this is partly in response to the sustainability agenda, it is also in recognition of the increasing amount of people using public transport, walking, running or cycling to work. For the latter, the replacement of some car parking spaces with secure, covered bicycle storage, or external seating in an attractive landscaped setting, is a bonus. Again, consulting existing tenants, and perhaps taking into account the likely needs of future tenants, is worth the time and effort.

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Security, particularly in city centres, is an increasing concern and any improvements to surveillance systems can add considerable value. Rapidly evolving property management software, which can be remotely controlled and provide high levels of integration with other services, after an initial investment can prove to be very efficient.

Building owners should not necessarily be put off by the expense of improvements, as tenants’ service charges typically cover both the installation and running costs of many of the features mentioned here. It may be necessary to check the service charge agreement with a property surveyor and there is much to be gained from engaging with tenants to better understand their priorities.

An a la carte approach can address any conflicting views from tenants regarding which amenities they are prepared to pay for. And don’t overlook the potential to extend some services to other nearby companies to reduce costs.

While much of this advice has focused on retaining tenants, of course it is inevitable that tenants will move on. Or it may be that you wish to change the tenant profile over the longer term – perhaps creating an improved product that attracts a more discerning tenant. In this case, it is worth giving some thought to synergy - because tenants themselves can be a draw for other tenants, or a drawback. You might be surprised at how frequently investors purchase commercial buildings with tenant-mix disparities with the sole purpose of fixing the imbalance, and in doing so increasing the value of the investment.

Finally, while you can add to the value of your property and both maintain and attract tenants by repositioning it, beware of making change for change’s sake. Having a strategy and a plan that is fully costed is imperative, as is consulting with existing tenants and seeking the necessary advice from a building consultancy, lawyer or accountant.

Party walls, rights of light and permitted development rights

2019-11-06T09:56:03Z

Trident Building Consultancy:

Many landlords are putting in place plans to add additional storeys to properties in town centre locations following changes to Permitted Development Rights. This replaces the need for landlords to apply for planning consent to build upwards.

However, these new planning freedoms do not provide complete freedom and landlords tempted by the financial rewards of increased lettable space are advised to familiarise themselves with other relevant legislation.

== Party walls and PDR ==

Any upwards extension has the potential to impact on the structure and fabric of a neighbouring property and therefore, a building owner proposing an upwards extension must serve notice to affected neighbours under the Party Wall etc. Act 1996. The Act requires two months’ notice to enable the neighbouring owners (freehold and/or leasehold) to either agree or dissent to the works. At this point an appointed Party Wall surveyor must undertake a schedule of condition of the neighbouring properties to provide effective dispute resolution.

Would-be developers should be aware that although planning consent will no longer be required in this case, Party Wall legislation remains in place. The risk of overlooking Party Wall legislation could have significant consequences.

Importantly, landlords should clarify the technical aspects of an extension. For example, if the building works result in alterations to a leaseholder’s ceiling (such as to embed a steel structure) their rights will be affected. If the extension is built onto a parapet, Party Wall rights may not be an issue but other issues – such as Rights to Light, the impact on services and any disruption caused during construction may require consideration.

Many residents of top floor flats assume that they have rights over roofs. But while they may have access, they do not necessary have protected rights. Skylights may be similarly affected.

== Rights of Light and PDR ==

From a Rights of Light perspective, in the absence of a planning process to scrutinise projects that will add to building heights, the issue of Rights of Light becomes a very serious consideration, and one with significant consequences.

Because Daylight and Sunlight assessments are a component of a planning application, they are currently required at an early stage in the process. The planning system also necessitates that local residents are consulted on a planning application, allowing those with legitimate concerns to assert their point of view. With this step removed, developers could potentially proceed unaware of any objections – resulting in building works then being halted through an injunction either during the process or post-completion.

So while developers might look set to gain from the opportunity to create additional storeys, in reality the situation is precarious. Without the stringent procedures and ultimately the reassurance that the planning system offers, developers could potentially embark on building works and only on completion suffer significant consequences.

There are many examples of developers of extensions being ordered to reverse changes, not because of planning issues, but because of the sometimes more opaque requirement of Party Wall and Rights of Light legislation.

An inevitable consequence of the extension of Permitted Development Rights will be an increase in the number of both investigations and claims. Developers are advised to seek professional advice at an early stage to avoid the significant expense of having to pull down an extension and begin again.

[[Category:Planning_permission]] [[Category:Property_development]]

Party walls, rights of light and permitted development rights

2019-11-06T09:55:23Z

Trident Building Consultancy: Created page with "Many landlords are putting in place plans to add additional storeys to properties in town centre locations following changes to Permitted Development Rights. This replaces the ne..."

Many landlords are putting in place plans to add additional storeys to properties in town centre locations following changes to Permitted Development Rights. This replaces the need for landlords to apply for planning consent to build upwards.

However, these new planning freedoms do not provide complete freedom and landlords tempted by the financial rewards of increased lettable space are advised to familiarise themselves with other relevant legislation.

== Party walls and PDR ==

Any upwards extension has the potential to impact on the structure and fabric of a neighbouring property and therefore, a building owner proposing an upwards extension must serve notice to affected neighbours under the Party Wall etc. Act 1996. The Act requires two months’ notice to enable the neighbouring owners (freehold and/or leasehold) to either agree or dissent to the works. At this point an appointed Party Wall surveyor must undertake a schedule of condition of the neighbouring properties to provide effective dispute resolution.

Would-be developers should be aware that although planning consent will no longer be required in this case, Party Wall legislation remains in place. The risk of overlooking Party Wall legislation could have significant consequences.

Importantly, landlords should clarify the technical aspects of an extension. For example, if the building works result in alterations to a leaseholder’s ceiling (such as to embed a steel structure) their rights will be affected. If the extension is built onto a parapet, Party Wall rights may not be an issue but other issues – such as Rights to Light, the impact on services and any disruption caused during construction may require consideration.

Many residents of top floor flats assume that they have rights over roofs. But while they may have access, they do not necessary have protected rights. Skylights may be similarly affected.

== Rights of Light and PDR ==

Commenting on the legislation from a Rights of Light perspective, in the absence of a planning process to scrutinise projects that will add to building heights, the issue of Rights of Light becomes a very serious consideration, and one with significant consequences.

Because Daylight and Sunlight assessments are a component of a planning application, they are currently required at an early stage in the process. The planning system also necessitates that local residents are consulted on a planning application, allowing those with legitimate concerns to assert their point of view. With this step removed, developers could potentially proceed unaware of any objections – resulting in building works then being halted through an injunction either during the process or post-completion.

So while developers might look set to gain from the opportunity to create additional storeys, in reality the situation is precarious. Without the stringent procedures and ultimately the reassurance that the planning system offers, developers could potentially embark on building works and only on completion suffer significant consequences.

There are many examples of developers of extensions being ordered to reverse changes, not because of planning issues, but because of the sometimes more opaque requirement of Party Wall and Rights of Light legislation.

An inevitable consequence of the extension of Permitted Development Rights will be an increase in the number of both investigations and claims. Developers are advised to seek professional advice at an early stage to avoid the significant expense of having to pull down an extension and begin again.

[[Category:Planning_permission]] [[Category:Property_development]]

Sustainable waste management

2019-10-04T09:02:26Z

Trident Building Consultancy: Created page with "Landfill is toxic, expensive and occupies space which may otherwise be used for development, minerals extraction or some other more appealing use. And the construction industry c..."

Landfill is toxic, expensive and occupies space which may otherwise be used for development, minerals extraction or some other more appealing use. And the construction industry causes one third of that problem – an estimated 77.4 million tonnes of construction waste is festering in UK landfill sites.

The industry has not failed to acknowledge its role in resolving the problem and some positive steps have been taken to reduce waste to landfill, but there is room for improvement. This article addresses some of the ways in which site management procedures may be adapted to reduce waste to landfill – and in doing so, save significant amounts of money.

== The three R’s ==

Reduce, reuse and recycle are the three pillars of effective waste management and are best implemented as part of a broader strategy or plan.

Site Waste Management Plans (SWMPs) are no longer compulsory for construction projects in England but may still be required for BREEAM assessments or by local planning authorities, and are beneficial simply as a means of demonstrating a company’s commitment to the environment.

SWMPs, which essentially describe how materials will be managed and disposed of, should be prepared before construction begins. This requires some forward-planning: for example, estimating how much waste, in each category, is likely to be produced, and the proportion that will be reused and recycled. The SWMP should be included in subcontracts and the plan monitored and updated as the work progresses.

Successful implementation may require site staff training: on the values that inform the strategy (the benefits of sustainable waste disposal for both the project and the environment generally), its implementation (economically viable means of carrying it out) and specific details (identification and separation of waste).

== Reduce ==

The first of the ‘three Rs’ is reduce: to plan procurement to avoid waste and to save any excess materials to reduce further purchases.

Planned procurement can both minimise waste and maximise the efficient use of materials. So avoid ordering more concrete and mortar than can be realistically used before setting. Set and crush excess concrete and use in paths and as road aggregate. Use mortar silos wherever possible.

For materials that are heated, mixed, damaged by the elements, or otherwise subject to spoilage, planning should determine the exact amount required. If materials are over-ordered, they should be returned to the supplier or used on another job. Avoid having to dispose of materials that have been damaged in transit by immediately checking goods and returning to the supplier to take on the responsibility.

Packaging, too should be reduced – particularly where it amounts to more than 50% of a delivery, which is not uncommon. Glazing racks, collation trays, plastic shrink wrapping, transport strapping and other forms of packaging can be returned to the supplier, together with a request that less packaging is used in future.

Consider what waste can be eliminated at the start of the process. For example, select durable modular metal form systems for use in concrete construction in place of wood, as this has the benefit of being readily demountable and reusable on other projects.

== Reuse ==

Re-using is the next best thing to reducing: it is rarely possible to order the exact quantities required, but where materials are in excess of requirements, there is often an opportunity for reuse.

Re-using starts prior to demolition when materials and components can be salvaged and used, if not on the project itself, on another job or by a local charity. There is always demand for windows and doors, wood flooring, cabinetry, architectural millwork, electrical and plumbing fixtures and mechanical equipment. Structural steel and metals are almost universally recycled and this should be standard practice for any demolition contractor. Similarly timber brokers literally pay construction companies to take on the responsibility of disposing of wood.

Consider collaborating with local businesses and trades to identify potential opportunities for exchanging waste/reusable materials and co-ordinate trades so that surplus materials from one can be used by another. Carry out repairs on damaged goods to avoid waste, and use mechanical fasteners such as bolts, screws and nails instead of adhesives on items associated with temporary works (e.g. safety / security doors, timber hoarding, hand rails) so that they may be used again.

== Recycle ==

An increasing number of organisations will take on goods for recycling. If a return or buy-back arrangement is not possible with suppliers, consider using and organisation such as Habitat for Humanity or ReStore.

Sorting for recycling can either be carried out on site through a contract with a waste hauler, which will provide receptacles for recyclable materials and debris and removes materials pre-sorted; or by a specialist C&D recycling firm which will sort waste off-site.

If sorting waste materials on-site, plan ahead to ensure that containers are appropriately sized and locate skips and wheelie bins close to working areas, clearly labelled. Hazardous waste must be handled and stored according to instructions and should not mixed with non-hazardous waste.

Not all recyclable waste should necessarily be removed from site, however: in addition to using concrete and masonry to produce aggregate, consider shredding landscape materials and unpainted timber to create mulch, compost, boiler fuel chips – for use on or off-site.

== Supply chain ==

Clearly the success in sustainable waste management is inextricably linked to procurement. Because of this, it is important that prospective suppliers are contractually required (through the tender process) to provide their own waste recovery targets and KPIs. It will become immediately apparent that the best suppliers for a sustainable construction project are those that offer to take back excess materials and packaging, allow for staggered deliveries, and can submit sustainability reports, giving you the evidence and the confidence the entire project is a sustainable one.

For added reassurance and to comply with best practice, monitor waste management and review site practice on a regular basis. Monitoring will also enable you to build on the success of one project to the benefit of the next.

Finally, consider offsite construction as a means of reducing waste: research has predicted that offsite construction can reduce waste by as much as 50%.

How to implement a break clause

2019-09-10T14:15:39Z

Trident Building Consultancy: Created page with "Your company may be expanding, and you’d like to move to larger new premises, or you now need less physical space as a result of technological or other changes. In either case,..."

Your company may be expanding, and you’d like to move to larger new premises, or you now need less physical space as a result of technological or other changes. In either case, the focus on the bigger picture can take the focus off the legal implications. Though break clauses can usually be navigated successfully, they can also result in substantial costs if the small print is overlooked. Initiating a break clause in a property lease invariably benefits the tenant over the landlord, so landlords’ leases ensure that their interests are protected.

Essentially, break provisions allow tenants (or landlords) to terminate a lease before the expiry of a fixed term. Break clauses usually take place on a fixed date unless rolling breaks have been agreed previously.

Where they exist, break clauses will include payments of all rents and other costs (service charges, insurance, any interest incurred on previously unpaid rent – calculated and paid in advance to the exact date of departure). They also require the return of the premises in the condition required by the lease (something which can be complicated by an ongoing PPM schedule, or where changes, however beneficial, have been made by the tenant). Finally, they will expect full vacant possession (which assumes that all building work is complete and that the construction team has left the building).

Following the last recession, demands made on tenants when initiating a break clause are more stringent. Thousands of companies had vacated premises and landlords found themselves with a gap in rental income and an empty property to fill in a challenging market. This increased pressure is illustrated in case law – but case law also provides some important lessons in managing break clauses.

Lesson number one: the requirement of ‘vacant possession’ is absolute. In the case of Riverside Park Limited v NHS Property Services Limited 2016, the break clause required vacant possession. During the course of the lease, the tenant had installed partitions which remained in place. The Court determined that the demountable partitioning was a tenant fitting and should have been removed. On the basis of this ruling, the NHS, without occupying the property, remained a tenant in name for a further five years, paying rent, rates and service charge accordingly.

Lesson number two: vacant possession is not just a matter of removing chattels: this is extended to removing personnel from the building too. In the case of Ibrend v NYK 2011, the tenant undertook dilapidations works as required by the break contract, and contractors remained on site on the date of the break clause to attend to final matters. The Court held that this prevented the landlord from enjoying the premises such that the break was not effective.

Lesson number three: payment of rents, rates and service charges must be made in full in accordance with the terms of the lease and not on a pro-rata basis unless that provision is specifically included. Even if small amounts are outstanding the Courts can act punitively. In Avocet Industrial Estates LLP v Mercol & Another 2011, the tenants had allowed £130 of interest to accrue on late payments. The fact that this interest was overlooked in the final payment despite it being such a small amount was sufficient for the Courts to deem the break ineffective.

Lesson number four: the importance of communicating effectively. In the case of Fitzroy v Financial Times 2005, the tenants embarked on a £1 million scheme of reinstatement, repair and redecoration to satisfy the break clause. Attempts were made to communicate with the landlord over the work schedule but ultimately the landlord did not inspect the building or comment on the acceptability of the changes. On the break date, the landlord’s surveyor inspected the building and found small matters outstanding which summated to approximately £20,000. This relatively small amount potentially threatened the break, though in Court it was deemed that the obligations to break had been reasonably satisfied and materially complied with, such that the break was effective.

One final lesson: follow the specific requirements of the break clause to the letter, however unnecessary they may be. Although 21 years old, the judgement in the case of Mannai Investment Co Limited v Eagle Star Life Assurance Co Limited 1997 exemplifies this well. Summing up, the judge stated that: “If the notice clause had said that the notice had to be on blue paper it would have been no good serving it on pink paper.”

As this case law demonstrates, exercising break clauses comes with significant and potentially unexpected risk. The following advice – although by no means comprehensive – can help you navigate this complex path:

# Follow the form required when issuing the notice: some clauses state very specifically how notice should be given, for example, to whom it is addressed (the landlord may comprise two or more entities), which provision it relates to and its intention. Failing to comply with this detail can render the notice redundant and as such can be costly. If you are not the original tenant, check that you have the right to terminate the lease. It may be that the right was only granted to a named tenant.
# Be realistic about timing, allowing ample time for all conditions to be met. The option to break may arise on one or more specified dates or be permissible after a specific date. Ensure that all parties agree to the break date and that agreement is in writing.
# Use guidance: familiarise yourself with the Lease Code 2007.
# Comply precisely: it is useful to take advice from lawyers and property advisors to ensure that the conditions have been complied with. Appoint a surveyor to carry out a lease compliance audit.
# Aim to avoid compliance of all covenants as a condition of the break, as this can be extremely difficult to comply with.
# Consider the possibility of a financial settlement in lieu of pre-conditions.
# Agree a schedule of dilapidations: ensure that sufficient time is allowed to ensure that builders can be engaged and works undertaken completely prior to the break date, ideally allowing some leeway for delays.
# Calculate outstanding sums accurately. Check payment histories for rent, service charge, insurance rent, VAT, outgoings and interest payments and ensure that all invoices are settled. Ideally, seek the landlord’s confirmation that payments are up to date. In the case of any payment disputes, pay upfront on a ‘without prejudice basis’ with a view to settling after the break date.
# Clarify ‘vacant possession’. If necessary, instruct a building surveyor to advise on what is necessary to constitute vacant possession. Communicate and negotiate with the landlord, ensuring that decisions are recorded appropriately.
# Document everything: written evidence could affect whether a court case succeeds.

How to create a sustainable hotel

2019-09-02T10:32:44Z

Trident Building Consultancy: Created page with "Whether it’s a brand new building full of the latest innovations, or a refurbishment of an existing hotel which must now meet rigorous and legally-enforced minimum energy effic..."

Whether it’s a brand new building full of the latest innovations, or a refurbishment of an existing hotel which must now meet rigorous and legally-enforced minimum energy efficiency standards, sustainability continues to force its way up the agenda in the hospitality sector.

But the impact of environmental measures can no longer be viewed in isolation: the way that green building design and fit-out interacts with policy, finance, customer loyalty, staff wellbeing and broader community issues defines good hotel management today.

== Green strategy ==

Research carried out among European real estate industry professionals reveals that more than three-quarters of commercial buildings have a sustainability strategy, which is itself increasingly interlinked with business objectives. These include preventing obsolescence, exploiting tax incentives and simply creating a ‘quality building’ which has market appeal. Buildings lacking such a strategy are viewed by many as an investment risk.

In the commercial property world, investment consultants use a number of tools in their scrutiny of green strategies. These include the FTSE EPRA Global Real Estate Index, the European Association for Investors in Non-Listed Real Estate Vehicles (INREV), the Institutional Investors Group on Climate Change and the Global Real Estate Sustainability Benchmark, new EPC legislation and near-zero carbon initiatives.

There is also substantial evidence that hotel chains seeking to attract and retain the new generation of skilled workers regard a sustainable building as an important element in their brand and corporate identity.

== Sustainability initiatives ==

So what form do the most effective sustainability initiatives take? Here’s a checklist of the simplest measures that hotel owners and operators can use for quick wins:

Heating and air conditioning

* Upgrading boilers to more efficient models
* Insulating hot water cylinders
* Installing a weather compensation system
* Reducing thermostat deadbands to prevent heating and cooling working simultaneously
* Introducing controls such as individual room thermostats or thermostatic radiator valves (TRVs)
* Checking air supply and extract systems are being operated in line with specification and installation details
* Installing heat recovery units to allow for the transfer of thermal energy
* Using high performance mechanical systems (including high efficiency chillers, boilers, and thermal heat recovery from the floors)

Thermal elements

* Upgrading insulation to roofs, floors and cavity walls
* Retrofitting external insulation/cladding to solid wall construction
* Addressing draughts

[https://www.bestcompliance.co.uk/best-compliance-portal/best-compliance-guides/know-your-lighting/ Lighting]

* Changing to LED or CFL technology
* Maximising the use of daylight, where necessary combined with passive solar shading to reduce the need for air conditioning
* Utilising dimming lighting controls and PIR systems to allow lighting levels to be adjusted according to external daylight.

Glazing

* Replacing single glazed windows with double or triple glazing

Building controls

* Introducing motion sensors and adjusting timings on existing sensors

Supply chain

* Specifying and sourcing sustainable materials
* Using local labour and products

Renewables

* Introducing solar panels (both photovoltaic and solar thermal), biomass boilers, and air or ground source heat pumps

Biophilic design

* Introducing more nature in the form of green walls and roofs, views of natural landscapes and internal planting

Metering

* Measuring and monitoring data on energy savings and indoor air quality and evaluating its effectiveness

Clearly the skill for hotel owners and operators today is to balance the all-important people-centric features with ongoing energy and resource efficiency through the use of technology and good maintenance practices.

As it is increasingly acknowledged that customer and staff wellbeing is affected by the sustainability of the building in which they operate, sustainability in property is becoming synonymous with quality. And that is good news for both people and the environment.

[[Category:Sustainability]]

Planned preventative maintenance and technology

2019-08-27T11:16:18Z

Trident Building Consultancy: Created page with "In a time of ongoing pressure from budget cuts and demands for investment in new and shinier stuff than maintenance: is it possible to meet the demands of maintaining an ever-age..."

In a time of ongoing pressure from budget cuts and demands for investment in new and shinier stuff than maintenance: is it possible to meet the demands of maintaining an ever-ageing building stock to good standards with limited resources?

The answer is yes. Planning ahead can help meet these demands, and additionally a whole new raft of technology is available to assist the property or facilities manager in managing Planned Preventative Maintenance (PPM) more effectively.

The benefits of a planned approach to building maintenance are indisputable: just as you would service a car regularly and follow up on any maintenance issues prior to them causing the vehicle to break down, a building also requires regular assessments and a programme of maintenance.

== Understanding PPM needs ==

Delivering cost efficiency in doing so requires a detailed understanding of the building’s lifecycle (including its current and projected usage) and its structure, plant and other components.

An understanding of the building owner and/or manager’s intentions (such as long term plans such for refurbishment or sale), and those of each tenant, combine to create a comprehensive understanding of need.

PPM is essentially the opposite of reactive repairs: a strategic approach which through ongoing surveillance and maintenance can substantially reduce large unexpected costs, emergency call-out charges and downtime during repair work.

Importantly, in today’s increasingly litigious workplace, a comprehensive PPM schedule ensures that any changes made to a building take note of any obvious issues in relation to statutory requirements such as the provision and means of escape, disability access and health and safety issues are identified, reports drawn up and action followed through as necessary.

== Good practice ==

Since the implementation of the Minimum Energy Efficiency Standard Regulations (MEES) in 2018, it is now illegal for new leases to be granted, or existing leases renewed, on commercial properties in England and Wales with an EPC of F or G.

While the new MEES Regulations caused initial concern in the property world, they demonstrate how an upfront approach to sustainability can result in longer term cost savings through work such as the inclusion of insulation and more energy efficient mechanical and electrical installations.

So PPM is at the core of good business practice as well as good property management.

== The built environment’s IT revolution ==

And as with so many other aspects of business management, PPM has benefited from the information technology revolution, resulting in a more efficient and effective service.

Mobile data capture software is of great benefit to PPM work. On site, data can be efficiently assessed using hand-held technology which is then uploaded to reporting software, ensuring that a consistent structure is followed, and the risk of error is substantially reduced.

Data capture software collects and compares data with predefined element lists, and produces tailored outputs to suit reporting requirements, prioritising expenditure over a specified period. Due to the element grades being consistent and predefined, the software allows for more intelligent decisions to be made across portfolios, often resulting in significant cost savings. Data capture software also allows for rapid data analysis and document preparation, resulting in a faster turnaround.

In addition to increasing efficiencies, this means of reporting enables a greater understanding of the issues and the ability to isolate elements, sub elements, grades or priorities. It allows a building owner or manager to group costs by region or across their entire portfolio, creating greater efficiencies and to budget and prioritise expenditure more effectively and to put in place larger scale programmes of work. Furthermore, the ability for companies to analyse the cost of maintenance versus capital expenditure creates greater transparency in budgeting, as well as bringing to light the efficiency of their current maintenance suppliers/contracts.

Online reporting is also becoming increasingly user-friendly. Where it benefits the end results and creates savings, clients can be encouraged to get involved, inputting into their own reports, whether using a desktop computer or iPad on site.

And as a working document which can be continually updated, online reporting offers greater flexibility than the old hard copy format – which again benefits both efficiency and effectiveness.

== So where will the technology take us next? ==

3D photography enables various sets of data to be linked to a 3D format and as such, links PPM to BIM. 3D cameras also have substantial benefits.

Take working at height, for example. Accessing rooflines, fascias and guttering is a perpetual problem for many property maintenance professionals. Scaffolding and cherry-pickers can be prohibitively expensive and even then are sometimes unsuitable.

Clients needing PPM surveys on unusually remote and inaccessible property assets can be done safely and capturing all of the necessary information by using drone technology. Drones have the substantial benefit of not only providing an immediate, cost-effective solution, but can photograph remote locations with virtually no disruption.

As a result of data provision through images, cloud surveys and more accurate surveying of existing buildings, BIM – once the province of just building designers – now increasingly links to both PPM and facilities management, causing efficiencies for each. The benefits of BIM are unparalleled, particularly when a substantial survey needs to be undertaken while the building remains occupied.

In the last five years or so there have been considerable changes in the way in which PPM can benefit from technology and many more positive changes are anticipated in the years ahead.

As the Internet of Things becomes more widely used it is inevitable that a building’s plant will communicate directly into PPM reporting and scheduling.

Chartered building engineers or facilities managers will be able to plan ahead with confidence, reliable data and clear priorities, and will have new tools and technology to hand that will save both money and time.

It’s a silent revolution in the way our buildings are maintained, and a great opportunity to boost the specialist knowledge and value of professionals in this market.

Sustainable refurbishment of commercial buildings

2019-08-23T09:57:10Z

Trident Building Consultancy: Created page with "The refurbishment of an existing building must now meet rigorous and legally-enforced minimum energy efficiency standards, as sustainability continues to force its way up the age..."

The refurbishment of an existing building must now meet rigorous and legally-enforced minimum energy efficiency standards, as sustainability continues to force its way up the agenda.

But the impact of environmental measures can no longer be viewed in isolation: the way that green building design and fit-out interacts with policy, finance, finance, tenant relations, staff wellbeing and broader community issues defines ‘good’ environmental management of a building today.

Green strategies

Research carried out among European real estate industry professionals reveals that over three-quarters of commercial buildings have a sustainability strategy, which is itself increasingly interlinked with business objectives. These include preventing obsolescence, exploiting tax incentives and simply creating a ‘quality building’ which has market appeal. Buildings lacking such a strategy are viewed by many as an investment risk.

In the commercial property world, investment consultants use a number of tools in their scrutiny of green strategies. These include the FTSE EPRA Global Real Estate Index, the European Association for Investors in Non-Listed Real Estate Vehicles (INREV), the Institutional Investors Group on Climate Change and the Global Real Estate Sustainability Benchmark, new EPC legislation and near-zero carbon initiatives.

There is also substantial evidence that companies seeking to attract and retain the new generation of skilled workers regard a sustainable building as an important element in their brand and corporate identity.

So what form do the most effective refurbishments take? Here’s a checklist that can be used to check for quick wins:

Heating and air conditioning

* Upgrading boilers to more efficient models
* Insulating hot water cylinders
* Installing a weather compensation system
* Reducing thermostat deadbands to prevent heating and cooling working simultaneously
* Introducing controls such as individual room thermostats or thermostatic radiator valves (TRVs)
* Checking air supply and extract systems are being operated in line with specification and installation details
* Installing heat recovery units to allow for the transfer of thermal energy
* Using high performance mechanical systems (including high efficiency chillers, boilers, and thermal heat recovery from the floors)

Thermal elements

* Upgrading insulation to roofs, floors and cavity walls
* Retrofitting external insulation/ cladding to solid wall construction
* Addressing draughts

[https://www.bestcompliance.co.uk/best-compliance-portal/best-compliance-guides/know-your-lighting/ Lighting]

* Changing to LED or CFL technology
* Maximising the use of daylight, where necessary combined with passive solar shading to reduce the need for air conditioning
* Utilising dimming lighting controls and PIR systems to allow lighting levels to be adjusted according to external daylight.

Glazing

* Replacing single glazed windows with double or triple glazing

Building controls

* Introducing motion sensors and adjusting timings on existing sensors

Supply chain

* Specifying and sourcing sustainable materials
* Using local labour and products

Renewables

* Introducing solar panels (both photovoltaic and solar thermal), biomass boilers, and air or ground source heat pumps

Biophilic design

* Introducing more nature in the form of green walls and roofs, views of natural landscapes and internal planting

Metering

* Measuring and monitoring data on energy savings and indoor air quality and evaluating its effectiveness

Clearly the skill today is to balance the all-important people-centric features with ongoing energy and resource efficiency through the use of technology and good maintenance practices.

As it is increasingly acknowledged that customer and staff wellbeing is affected by the sustainability of the building in which they operate, sustainability in property is becoming synonymous with quality. And that is good news for both people and the environment.

The effect of trees on Rights of Light

2019-08-06T13:36:50Z

Trident Building Consultancy: Created page with "Not having access to natural daylight is damaging to our circadian rhythm and is linked to many conditions including vitamin D deficiency and Seasonal Affective Disorder (SAD). ..."

Not having access to natural daylight is damaging to our circadian rhythm and is linked to many conditions including vitamin D deficiency and Seasonal Affective Disorder (SAD).

Therefore, having access to daylight and sunlight is important to us. That’s why daylight, sunlight and rights of light (RoL) assessments are undertaken on so many buildings – to assess whether that access is going to be compromised.

Often when we think of what can obstruct this precious light, we think of other buildings. But what if trees were also a problem? When autumn turns to winter and daylight hours decrease, does a tree shedding its leaves make any difference to the daylight shining through your window?

== Biophilia benefits ==

Trees are a beautiful part of our environment, a natural solution for locking in carbon and improving air quality. But are trees situated next to buildings actually doing us harm by blocking out essential daylight?

It’s a difficult balance. The principles behind biophilic design promote a green, leafy and human-centred approach which brings many health and wellbeing benefits. Being surrounded by nature is pleasant for all of us. Hence the huge rise in plants and trees being installed in and around offices across the world. It’s also why people enjoy being out in their gardens as much as they can.

But the need for new buildings to cater for our ever-expanding population is one that can’t be ignored or come to a standstill in favour of trees, even if they were here first.

However, this doesn’t mean we should be cutting down mature trees or stopping the planting of them. But we need to think about this more carefully and be prepared to work through some complex decisions. After all, issues around daylight and sunlight and RoL don’t have a history of being straightforward.

Daylight and sunlight are usually treated as a planning matter or condition, while RoL is a completely separate process. RoL covers common law matters so a scenario could arise where a development proposal has planning consent but can still injure a neighbouring owner’s easement to natural light over and above their own land.

Hence why any new building going up should also have a RoL assessment.

== Guidance for tree inclusion in RoL assessments ==

Guidance is available for including trees as part of an assessment. The BRE paper ‘Site layout planning for daylight and sunlight: a guide to good practice’ points out the difference in shade between a deciduous tree and an evergreen such as hedges, referring to evergreens as casting shade ‘more like that of a building or wall.’ It also explains that most deciduous trees are ignored when assessing new buildings as it is normally the crown of the tree that causes the most issue and as daylight is scarcest in the winter, deciduous trees will have shed their leaves at that time, likely causing less of an obstruction.

But it’s important to note that trees come in different shapes and sizes, some can be very large with some species such as the English Oak blocking up to 80% light in full leaf during the summer months and 55% when bare during the winter months. RoL calculations would assume the winter month figures, this is where transmittance tests are used to try and assess the dappled light and the effect this will have on the building in question.

Would previous cases have resulted in a different outcome if trees had been considered within the RoL assessment? Take the high-profile case of HKRUK II (CHC) Ltd v Marcus Alexander Heaney [2010]. Images of the site in Leeds showed a band of silver maple trees on the servient owner’s land. Could it have been argued that they masked the majority of the ROL effect of the additional sixth and seventh floors?

== Considering both sides of the argument ==

While there is some legislation on the issue, it is mostly related to evergreen hedges under the Anti-Social Behaviour Act 2003, relevant to just residential properties. Dr Peter Defoe, a former building surveyor and researcher, published a white paper, ‘Consideration of Trees in Rights to Light’, in June 2018 which explores whether more consideration should be given to trees in a RoL assessment.

Dr Defoe covers both side of the argument. Trees and hedges are after all unpredictable and each one is unique. While average growth rates can give some indication of the likely impact of a tree or hedge, they are living things and don’t take much notice of growth charts. He also explains how cases involving trees are mostly anecdotal. As most RoL cases are settled outside of court it makes it hard for others to learn from those cases, or even to see whether or not trees were an issue. On balance, Dr Defoe recommends including trees in an assessment, particularly where there is a stand of trees.

Interestingly, modern technology may well change how assessing trees works in the future too. Point cloud surveys could be key to providing an accurate model, predicting the impact of the tree on the building over time.

But whether surveyors will go to these lengths is hard to predict – it’s not really happening now.