PROPERTY LEGISLATION

Legislation

Advice on the need for consents including the following:
· planning;
· Public Health Acts;
· listed building consent;
· fire certificates;
· party wall notices/awards;
· common law rights of support.

Planning applications

Discuss the client's requirements, advise where appropriate on the type of application to be made, consult with the local authority prior to submission of an application where necessary, and advise upon procedure.
· Outline applications
· Permitted development advice.
· Prepare such drawings as are necessary to accompany the application. Prepare and submit the formal application and conduct negotiations with the planning authority.
· Detailed application
· Prepare drawings showing site layout, detailed plans and elevations. Prepare and submit a formal application and conduct negotiations with the planning authority.
· Appeals planning & building regulation (written representation)
· Discuss with the client the advisability of an appeal and approximate cost implications thereof.
· Prepare and submit an appeal to the Secretary of State for the Environment (or, in Scotland, the First Minister), detailing the grounds of appeal and supply all necessary supporting documentation.
· Receive the local authority's comments and pursue these until all relevant points have been investigated and answered.
· Receive the Secretary of State's (or First Minister's) decision and inform the client.
· Appeal (public enquiry)
· Discuss with the client the advisability of an appeal and the approximate cost implications thereof. Prepare and submit the appeal, including consultations with solicitors and counsel where required. Prepare proofs of evidence for the appeal, including where appropriate, the provision of additional drawings, photographs, models, etc. Attend at the appeal and direct or give evidence as required.
Note: There are a number of cases where the surveyor can deal with the appeal personally, as for example, in a change of use application.

Acting for third parties

Discuss the client's objection or other relevant problems, attend at the local authority's offices to inspect deposited plans and report upon the effect of the proposals on the client's interests. Advise on possible action and inform the local authority of any intended formal objection.

Acting for third parties (appeals)

Discuss the client's requirements, prepare written objections to the proposals, submit objections to the planning authority, attend at an appeal on behalf of the client, giving evidence if required.
Party structures (not applicable in Scotland)

Advise under the Party Wall etc. Act 1996
· Acting for building owner
· Prepare and submit the necessary notices to adjoining owner(s), prepare, where required, a schedule of condition of the party wall(s) in question; prepare, if required, all necessary ancillary drawings, prepare an award and agree detailed terms with the adjoining owner's surveyor, and ensure that work is carried out in accordance with the Award.
· Acting for adjoining owner
· Examine notices submitted by the building owner to ensure validity.
· Contact the building owner's surveyor, visit the property, examine and negotiate the award, including agreeing a schedule of condition where appropriate, and monitor the work during the course of the building contract to ensure compliance with the award.
· Acting as third surveyor
· In the event of the surveyors failing to agree, resolve the dispute by visiting the property as third surveyor previously appointed by agreement or statute, examine all evidence from both sides, and publish an award including the apportionment of costs.

Property boundaries

Consult with the client or the client's solicitors. Visit the site, examine deeds, leases or similar legal documents and advise on the position of boundaries.
Carry out a measured survey to record site features and prepare record drawings.
Carry out any negotiations that are required and, if necessary, attend at court and give evidence.
Arbitration, adjudication, mediation
Act as arbitrator, adjudicator or mediator as instructed, in accordance with relevant statutory procedures and relevant guidance.

Building on Plans
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