London Office Guide

Building Survey

Determining a building's condition and its future liabilities.

The cost of a landlord's work in connection with repairs to the building is normally charged to the tenants in the form of a service charge. The tenant is normally liable for a share of these costs, which are calculated pro rata on the floor area of the building that he occupies.

Even if a capped service charge exists, it is sensible to instruct a surveyor to inspect and survey the property to establish if the service charge is set at a realistic level.

Repairing covenants by their nature impose obligations on a lessee which, on the termination of the lease, can be financially onerous. A surveyor will be able to advise in respect of future liabilities under schedules of condition and dilapidations which may be imposed or served by the landlord.

In the case of a provision in the lease that a tenant need not keep or leave the property in better condition than at the beginning of the lease, a schedule of condition should be agreed between the parties. Facts should be recorded in a logical, clear and concise fashion. Plans and photographs may be used to supplement the schedule.

The schedule of dilapidations sets out the state of disrepair in a property where there is a legal liability on the tenant for the condition of disrepair. The tenants liability to maintain and repair certain parts of the property will be defined in the lease.

The Building Survey Report will establish the property's repairing liabilities actual and potential. It will also determine whether there are any major defects which would indicate that the potential occupier should decide against taking the property on at all.
Before entering into a lease on or buying a commercial property it is essential to be fully aware of future liabilities.

A chartered building surveyor will carry out a survey which will determine the condition of a building, analyse the full extent of any defects and provide budget costs to rectify them. The findings of the survey will help the tenant to decide whether it is wise to take on the lease - or not.

Service installations will normally form a separate part of the report. This will deal with the statutory services to the property, the condition of equipment and its likely future life.

The following will be included: electrical service, hot and cold water systems, air conditioning facilities, lifts (a mechanical and electrical engineer will advise in relation to these services) drainage, security and fire alarm systems.

Generally these services are expensive to install and to maintain. Their condition will form a substantial part of the investigation into the overall suitability of the property for a purchaser.

If the occupier is to take a lease, the surveyor will need to see a copy of the existing or proposed lease so that he may report on the repairing covenants to determine the liability for any repairs recommended in the report.

There are two basic types of lease:

In a full repairing and insuring lease the lessee is responsible for all repairs to the property. This type of lease is usual when the tenant occupies all of the building.

An internal repairing and insuring lease provides for the tenant to be responsible for all the repairs to the internal fabric - and the landlord for the external repairs, plant and machinery (for example boilers and lifts). Leases of this kind are usual in multi-tenanted buildings.