Central London isn’t short on impressive architecture. From restored period townhouses to glass-fronted office spaces, the design landscape is constantly shifting. But behind the visuals are careful decisions made to meet modern needs without losing sight of the city’s heritage.

Architectural design here is shaped by more than just aesthetics. It needs to work within tight footprints, limited access, planning restrictions and increasingly ambitious sustainability goals.

How Design is Changing in the Centre of the City

More buildings are being reused instead of replaced. Materials are selected not just for how they look, but for how long they last and how easily they can be sourced. Roof spaces, basements and courtyards are being reimagined to provide usable floor area.

Modern design in London focuses on:

There’s a shift towards doing more with what’s already there. Less demolition. More adaptation.

Trends with a Practical Edge

Design trends only stick when they solve a real problem. In central London, space is limited and demand is high. There’s not much room for ideas that don’t work in practice.

Trends we see being applied

• Slimline window profiles that improve insulation without changing the façade
• Internal reconfigurations to support hybrid working or multi-use spaces
• Exposed services in ceiling voids where new infrastructure can’t be hidden
• Green roofs and planted terraces to add value without expanding the footprint

These features are not just about appearance. They’re often a response to a technical or planning challenge that doesn’t leave much room for error.

Design Within Boundaries

Designers working in Central London often find themselves up against strict limits. You might not be allowed to change the front of a building at all. Or the structure might sit directly on the boundary line with no access for external works.

Where Design Meets Delivery

At Fresson and Tee, design is never treated as an isolated phase. We look at what a building needs to do, what the client needs to achieve, and how the space needs to function in five or ten years.

Working closely with our project managers and surveyors, we aim to create schemes that not only get planning approval but can actually be delivered on time, on budget and without constant redesign.

If you would like to discuss more about architectural design in London, please call our office on 020 7391 7100 or email us at surveyor@fandt.com.

Planning and delivering building projects in London is never straightforward. Whether you’re a landlord managing multiple properties, a school planning a refurbishment, or an investor overseeing a development, there are plenty of moving parts to get right.

That’s where a multi-disciplinary building consultancy can make a real difference. Instead of coordinating several separate consultants, you work with one experienced team that handles everything from design to delivery.

At Fresson and Tee, we combine architectural design, surveying, project management, and cost consultancy into one cohesive service. This joined-up approach saves time, avoids confusion, and helps control project costs from the outset.

What Does a Multi-Disciplinary Building Consultancy Actually Do?

A multi-disciplinary building consultancy offers more than just advice. It provides all the professional services required to deliver a project, in-house. For many clients, this removes the need to manage multiple firms with conflicting schedules and competing priorities.

Services Typically Included

• Architectural design and planning
  
• Building surveying and condition reports
  
• Reinstatement cost assessments
  
• Project management and contract administration
  
• Advice on party wall matters and dilapidations
• Heritage and conservation support

All of these services are available at Fresson and Tee under one roof. That means the architect designing your refurbishment is working alongside the surveyor writing the report, and the project manager overseeing the build.

The Benefits of an Integrated Approach in a London Context

London presents unique challenges for construction projects. Space is tight, access can be difficult, and planning restrictions (especially in heritage areas) are often complex. Working with a fragmented team can easily result in delays, misunderstandings, or escalating costs.

Stronger Accountability

With one firm responsible for delivering the full service, there’s no confusion about who owns which part of the project. That means fewer disputes, clearer decisions, and smoother delivery.

Case Study: Streamlining a Complex Refurbishment in an Active School

One of our recent projects involved the phased refurbishment of an occupied school in Central London. The challenge was to modernise the building without disrupting teaching schedules or compromising safety.

Because our architects, surveyors, and project managers were all part of the same team, we could:

• Plan works around the school calendar
• Maintain open communication with on-site staff
• Adapt quickly to unexpected issues during construction

The result was a project delivered on time, within budget, and with minimal disruption to staff and pupils.

Who Benefits Most from Multi-Disciplinary Consultancy?

This approach is particularly valuable for:

• Commercial landlords
• Asset and facilities managers
• Education providers and local authorities
• Developers managing complex or sensitive sites

If you’re dealing with an occupied property, multiple stakeholders, or tight deadlines, having one accountable team is often the best route forward.

Final Thoughts

Choosing a building consultancy in London isn’t just about who has the most services on paper. It’s about finding a team that can genuinely bring everything together and deliver a coordinated, efficient project.

At Fresson and Tee, we do just that. Our in-house specialists work side by side to support clients across the full lifecycle of a project. Whether you’re planning a refurbishment, managing risk, or preparing for long-term maintenance, we’re here to help you keep things simple, focused, and cost-effective.

If you would like to discuss your dilapidation requirements further, please call our office on 020 7391 7100 or email us at surveyor@fandt.com.

London’s architectural heritage is one of its greatest assets. From Georgian terraces to Victorian schools and Edwardian civic buildings, many of the capital’s most recognisable properties are protected under listed status.

While these buildings carry historical and cultural significance, they also come with complex legal and technical requirements. If you’re planning building work on a listed property, choosing the right building consultancy is not just a preference; it’s essential.

What Makes Listed Buildings Different?

Listed buildings are protected by law due to their architectural or historic importance. Any work that could alter their character, inside or out, typically requires Listed Building Consent, in addition to standard planning permission.

This applies to:

• Structural alterations

• Extensions or demolitions

• Internal layouts, finishes, or features

• Windows, doors, and roofing

• Mechanical and electrical upgrades

Getting this wrong can lead to delays, costly redesigns, and even legal action. That’s why specialist support matters. 

The Role of a Local Building Consultancy

A local building consultancy with experience in heritage projects can guide you through every stage of the process. From early feasibility assessments to liaising with conservation officers and delivering the work on site, the right team will help you balance modern needs with legal obligations.

Common Challenges in Listed Property Projects

Working on protected buildings is rarely straightforward. Some of the most common challenges include:

• Discovering previously hidden defects (e.g. rot, subsidence, outdated services)
• Restrictions on materials and construction methods
• Uncertainty over planning timelines
• Balancing original features with modern performance standards

An experienced consultancy will flag these risks early and plan accordingly, avoiding nasty surprises down the line.

Real Example: Sensitive Refurbishment in a Conservation Area

We recently advised on a refurbishment project in a Grade II-listed civic building in Central London. The project involved adapting internal spaces for modern accessibility, upgrading services, and restoring original plasterwork and woodwork.
Because we had worked with the local authority before, we were able to:

• Anticipate documentation needs and planning timelines
• Involve heritage specialists at the right stages
• Complete works with minimal impact on the building’s historic character

The client was able to achieve a sensitive, compliant refurbishment without unnecessary delay or cost.

When to Engage a Building Consultancy

The best time to engage a consultancy is early in the planning phase, ideally before submitting any applications or instructing contractors. A strong consultancy partner will:

• Help assess feasibility
• Flag potential risks and restrictions
• Advise on realistic budgets and timelines
• Coordinate planning and listed building applications
• Oversee delivery and sign-off

Working on a listed property in London requires more than technical skill. It takes local knowledge, experience with planning authorities, and an appreciation for the building’s significance.

At Fresson and Tee, our multi-disciplinary team specialises in delivering complex refurbishment projects in sensitive settings. If you’re planning building work on a listed or heritage building, we’re here to help guide the process from start to finish carefully, compliantly, and efficiently.

If you would like to discuss your dilapidation requirements further, please call our office on 020 7391 7100 or email us at surveyor@fandt.com.

Effectively Managing A Dilapidations Dispute

What Is Dilapidation And Why Does It Matter In Property Disputes?

Dilapidation describes the process through which commercial properties age and decline through use. Dilapidations is the catch-all term used to describe instances of damage and wear and tear that occur during a tenancy.

They matter because in the vast majority of leases the tenant is expected to return the keys to the landlord with everything as it was on the day they arrived. Any difference typically leads to a dilapidations claim from the landlord, seeking to be compensated for rectification and repair. 

This can happen at any time during the lease period but typically occurs at its completion before the tenant vacates the property.

This can happen at any time during the lease period but typically occurs at its completion before the tenant vacates the property.

Disputes arise when tenants reject a dilapidations claim as unwarranted or exaggerated. They may have a different view on what dilapidations have occurred, which are their responsibility and how much they might cost to rectify.

This is why it is considered standard practice to begin negotiations based on a dilapidation survey from a credible independent specialist dilapidations surveyor. This can go some way to gaining agreement between the two parties.

What Are The Most Common Causes Of Dilapidation Damage Claims In Property Disputes?

There are many causes of dilapidation damage claims. We discuss some common frustrations below. Avoiding them and you will make a dilapidation claim dispute less likely.

Many commercial leases require tenants to decorate regularly – perhaps every three years for the interior and five years for the exterior. Failure to undertake these works will be reflected in any landlord’s dilapidation claim.

Any alterations instigated by the tenant,  including those considered an improvement, will be included in a claim too. Claims are always based on returning the property to exactly as it was.

Structural issues may cause a claim without being immediately apparent without a specialist dilapidation survey report.

How Can You Avoid Or Manage A Dilapidation Dispute Before It Happens?

The biggest step you can take towards avoiding dilapidations disputes is to ensure everyone is clear on the process at the time of signing the lease. Signing a well-negotiated mutually beneficial contract at the start of any tenancy is the best way to avoid problems at the end of one.

Tenants who sign a lease without an agreed condition survey when they move in, for example, are certainly at a greater risk of dispute. Regular condition surveys in situ protect tenants from surprises when they try and leave too. Undertaking regular rectification and repair work will generally be more agreeable to landlords than leaving them with a potentially large claim at the end of any agreement.

In general, continual dialogue regarding dilapidations during the life of the tenancy is the best approach. Giving plenty of notice, planning and getting advice when it comes time to leave is a good move too.

The Process Of Managing A Dilapidations Dispute

There is plenty of professional advice available for anyone who feels they are heading towards a dilapidations dispute. The Royal Institution of Chartered Surveyors, for example, offers a dilapidations scheme specifically designed to support quick and economic resolution of lease-end disputes before expensive lawyers get involved. 

They can answer questions such as what is a dilapidation survey, for example, and who should pay for it?

As fully Chartered Surveyors, Fresson and Tee are ideally placed to help navigate lease liabilities and support speedy dispute resolution for either party.

We can provide survey, protocol and delivery teams who can protect the interests of both landlords and tenants. There’s no need to face a dilapidations dispute without the right professional support.

If you would like to discuss your dilapidation requirements further, please call our office on 020 7391 7100 or email us at surveyor@fandt.com.

How to Manage Dilapidations Negotiations Smoothly?

Landlords have the right to have their property returned in the same condition as originally leased at the end of a tenancy. The law is clear that it is the tenant’s responsibility to ‘make good’ any deterioration, damage, alterations or general wear and tear. Landlord’s dilapidations is the term used to describe this process. A tenant may do the work directly, however, more typically landlords are financially compensated for any required work.

Dilapidation obligations are often not considered by tenants whilst they occupy your building. They are busy running their businesses after all. Dilapidations typically become an issue when the lease ends. As a landlord, it is best to be prepared. Disputes are common and negotiations can be challenging.

This is why we’ve prepared this brief introduction to the topic. It is based on our many years of experience as Dilapidations Surveyors and Property Consultants.

What Are Dilapidations?

‘Dilapidations’ as a term, describes a tenant’s repair obligations under the lease. All discussions should be based on relevant clauses signed at the beginning of the occupancy. Many tenant-landlord disputes occur because these clauses are misunderstood or miscommunicated.

Commercial Property dilapidation clauses typically cover five areas

Each lease agreement, however, will be different. Depending on your specific requirements, your dilapidations definitions may differ. If you’re not clear, it pays to review your lease or even get legal advice before starting the dilapidations process.

What Do You Need To Know About Landlord Dilapidations?

As a Landlord, it is important you know the correct steps to take when preparing and presenting your case for a claim. You need to start with an accurate picture of your property’s condition. This is best achieved by engaging a specialist dilapidations surveyor. They can review your lease, the tenant’s occupancy, the property’s state of repair and its implications for you.

A Statement of Dilapidations document is then required. This alerts the tenant’s to their obligations and financial claims. Your tenant has a right to respond. They can back a counter-claim with independent evidence. If required, a third surveyor may be required to adjudicate and make a dilapidations award.

Tenants have this right to negotiate a dilapidation claim in law. It is important to prepare a strategy for responding. It may be you accept a lower figure, for example, to settle quickly and prioritise finding the next tenant. Alternatively, you may have a specific cost to cover so it’s worth fighting your corner.

Minimising Risks As A Landlord

Understanding The Dilapidations Protocol

There is plenty of information, help and support available for landlords. Referring to the Dilapidations Protocol is a good place to start. Published by the Property Litigation Association, it supports the early settlement of dilapidation disputes without the involvement of the Courts.

The document sets out guidance for tenants, landlords and their representatives. It describes arbitration steps that courts expect to have been taken before legal proceedings.

These include forwarding a schedule of dilapidations document within 56 days of the termination of the lease as a minimum, for example.

This schedule should then form the basis of a Qualified Demand for the dilapidation damages sought. Such guidance supports a speedy resolution and minimal conflict. 

Where to Get Dilapidations Help

Alongside the Property Litigation Association, the Dilapidations Protocol is supported by the Civil Justice Council and the Royal Institution of Chartered Surveyors (RICS). RICS and its members are a great source of help, advice and professional support to anyone facing dilapidation issues.

Fresson & Tee are proud members of RICS. Our teams of consultants and Chartered Surveyors can assist with any dilapidation issues from taking the initial surveys to managing repair and rectification projects on your behalf.

If you would like to discuss your dilapidation requirements further, please call our office on 020 7391 7100 or email us at surveyor@fandt.com.

Everything You Need To Know About You and Your Neighbour During Boundary Works

The Party Wall Act (1996) is legislation designed to protect the interests of neighbours during building work affecting boundaries between the two properties.

The first thing to note is DIY, minor repairs, decorating, plastering, fixing of ordinary shelves, everyday drilling and small-scale plumbing and electrical work are considered too small to warrant legal protection.

The Party Wall Act is aimed at major works such as structural repairs, extensions, damp proofing, demolition, excavations and new building.

These activities have a major impact on both sides of any boundary and should things go wrong, disruption and costs may be incurred by both parties.

What is a Party Wall Notice?

For works to be deemed acceptable under the terms of the Act the party proposing the work needs to demonstrate they have an agreement by their neighbour and that the neighbours’ rights have been considered. This means, before you start major works involving any kind of boundary, you need to let your neighbour know in writing with a document known as ‘party wall notice’. If your neighbour agrees, the two of you enter into a ‘party wall agreement’. If your neighbour does not wish you to proceed, the Act provides a dispute resolution procedure.

What Is The Party Wall Act And What Does a Party Wall Surveyor Do?

The Party Wall Act (1996) aims to prevent or resolve any conflicts around major construction works between property owners who share boundary walls and structures. Used correctly, it protects everyone and keeps relationships positive and amenable. Not complying risks expensive legal disputes.

The Act covers three main categories of work:

In the case of excavation, the required distance from any boundary will depend on the depth and nature of any hole.

A Party Wall Surveyor has a specialist role in avoiding and resolving disputes between neighbours under the Act. They have a duty under the Act to provide fair, practical and transparent reports on a building’s condition during any work.

Who Is Responsible For Complying With The Party Wall Act?

The other responding parties to any Party Wall actions are often referred to as ‘Adjoining Owners’ and, as you might expect, they are typically neighbours of the Building Owner.

It falls on the Building Owner to provide the Adjoining Owner (or Owners) with a written Party Wall Notice before commencing any major works that impact on a boundary or boundaries between properties.

How Do You Go About Notifying Your Neighbours Of Planned Work That Will Affect Them Under The Party Wall Act?

It is advisable to first discuss any planned work informally with the owners of any properties affected. It is always best to set the scene for a party wall agreement by being friendly, open and informative. People understand that buildings need maintenance and might well be supportive of any improvements.

The building owner should then arrange to provide a written Party Wall Notice. A letter is sufficient that identifies the properties in question, describes the proposed works and shares the proposed start and finish dates. It is also useful to share provisions that will be made to protect the adjacent property and make good on any required repairs.

For work on existing party walls, the notice must be sent two months before the planned start date of the work. New walls or excavations near the boundary line need to be sent at least one month in advance. It’s worth noting that Party Wall notices last for 12 months, so if the project is delayed there is not necessarily a requirement for a new one.

Can Neighbours Refuse A Party Wall Agreement?

In a word, yes. There is no obligation to provide consent at all. Adjoining Owners can say no. Rather than a flat refusal, The Party Wall act allows Adjoining Owners to write back with a counter-notice suggesting alternative or additional works. No response at all is considered a refusal after 14 days, which also starts the dispute procedure.

Dispute procedure describes the act of appointing a specialist Party Wall Surveyor. Expert and independent, they will act as a professional mediator by producing a Party Wall Award report that, according to the act, either allows the work to go ahead, backing the Building Owner, or prevents it from going ahead protecting the Adjacent Owner. Rather than have the Building Owner lose out, The Party Wall Surveyor is likely to recommend an alternative approach acceptable to both parties.

What Are The Consequences Of Not Complying With The Party Wall Act?

Failure to comply with the Party Wall Act leaves you open to legal action and injunctions from your neighbours. At the very least this could cause delays to your building work while matters are resolved. At the worst, the dispute could end up in court with all the associated high costs you might expect. If you haven’t followed proper procedure, it would be difficult to see the result of a court case going your way.

Even if disputes don’t reach that level, the lack of a written Party Wall Agreement can unnecessarily sour relationships with neighbours. Engaging with the Party Wall process is the best way to demonstrate you will consider their views during any work. Ignoring this important step at the outset of any project is likely to make discussions more difficult further down the line.

How Can Owners Resolve Disputes Arising From Party Wall Works Carried Out Under The Act?

The hiring of independent Party Wall Surveyors is specified in the Party Wall Act as the preferred method of dispute resolution. Party Wall Surveyors can assess and report on the proposed works and their impact and make recommendations to keep both sides of a dispute satisfied.

One Party Wall Surveyor is generally seen as sufficient to work for both parties, however as discussed, Adjoining Owners may wish to source a separate surveyor to protect their interests.

Party Wall Surveyors will typically review existing and proposed architectural drawings, proposed structural drawings, calculations and construction method statements. They will also refer to Land Registry Title Deeds and Plans and other information pertinent to the construction works under dispute to reach a finding.

They will then make a Party Wall Award to one of the disputed parties. A Party Wall Award summarises the dispute and provides a final document that provides adequate legal protection to Adjoining Owners to allay their concerns. The Award is commonly known as a Party Wall Agreement. Once signed, a Party Wall Agreement means works can begin with any dispute resolved.

5 Tips For Minimising Disruption When Carrying Out Works Affecting A Party Wall?

We have broken the process of gaining a Party Wall Agreement into five steps which we trust you’ll find useful.

3. Adjoining Owners have 14 days to respond. No response is considered a refusal and starts the dispute process. 

4. Once a dispute starts, the Building Owner should respond by appointing a Party Wall Surveyor. Adjoining Owners can also appoint their own Surveyor at the Building Owner’s cost.

5. Your chosen Party Wall Surveyor(s) will make an Award to either party that should form a Party Wall Agreement the Building Owner and Adjoining Owners can sign to bring the dispute to an end.

There is plenty of professional advice available for anyone who feels they are heading towards a Party Wall dispute. The Royal Institution of Chartered Surveyors (RICS), for example, offers Party Wall advice through a dedicated working group.

As fully Chartered Surveyors, Fresson and Tee are ideally placed to help navigate lease liabilities and support speedy Party Wall dispute resolution for either party. There’s no need to face the issue without the right professional support.

If you would like to discuss your dilapidation requirements further, please call our office on 020 7391 7100 or email us at surveyor@fandt.com.

The Dilapidations Survey Guide

If you are involved in commercial property, as an owner or tenant, you may hear the term ‘dilapidations survey’ from time to time without being sure exactly what the phrase means.

You may have feared the worst. After all, dilapidation implies something ancient on the verge of ruin. Not ideal if you are discussing a modern contemporary property.

Fear not. For better or worse, the term dilapidations has become the catch-all term for wear and tear in the commercial property industry. For example, from the moment a brand new office opens its doors, things break, fade, stain and get marked. That’s not counting more substantial issues like broken windows, electrical faults or plumbing disasters that might occur during its lifetime. These changes are referred to as dilapidations and they can have a big effect on a building’s value.

This becomes important for most commercial leases because the tenant has a responsibility to return the property in the same condition as it was at the start of the agreement.

What Is A Dilapidations Survey?

A Dilapidations Survey can happen at any time during a property rental agreement but is especially common when one comes to an end. It is an exercise to establish the condition of the property, identify what has changed during the rental period and report on any rectification that is required. Using independent dilapidations surveyors means any wear and tear and associated costs can be recorded fairly and transparently for both parties.

A suitably qualified and independent Dilapidations Surveyor is usually appointed to view the property, record any issues and present a Dilapidations report. This report, often called a Schedule of Dilapidations, describes required repairs and rectifications. It is often a key part of any landlord and tenant negotiation at the end of any lease period.

Why Would You Need A Dilapidations Survey?

Dilapidations Surveyors can represent both tenants and landlords. Landlords can use the report to identify dilapidations and either ask the tenant to rectify them directly or pay a cash sum to compensate for any losses.

For tenants, a dilapidations survey can provide reassurance that any issues occurred during the tenancy agreement and not before. It is a check that the information the Landlord has is accurate and fair.

How To Prepare For A Dilapidations Survey?

A dilapidations surveyor will need access to the property and all relevant documentation. This is likely to include the following;

With paperwork checked, the next step is to ensure the surveyor is made aware of any special issues that might affect their work on-site such as the building’s asbestos register, electrical and gas appliance testing and certification regime, any required alarms or access codes and any other access, lone working or confined space issues.

Once all the above has been completed, the survey can be arranged. It is generally considered best practice to let the tenant’s employees know what is happening. It can be disconcerting to have a stranger inspecting a working environment unannounced.

What To Expect During and After The Survey

A Dilapidations Survey is a very detailed survey recording the condition of a rented building’s structure, components and systems down to minor wear and tear/staining etc.

During the survey, a surveyor, or team of surveyors, will visit the property in question and make a detailed in-person assessment of the condition of the building and its fixtures and fittings. In particular, they will highlight any defects or damage and outline required repairs.

A Dilapidations Survey is a very detailed survey recording the condition of a rented building’s structure, components and systems down to minor wear and tear/staining etc.

During the survey, a surveyor, or team of surveyors, will visit the property in question and make a detailed in-person assessment of the condition of the building and its fixtures and fittings. In particular, they will highlight any defects or damage and outline required repairs.

Once the survey report is provided, it generally forms the basis of negotiations between landlord and tenant based on the assumption that the tenant will return the property to the state it was in when they occupied it.

Understanding A Dilapidations Report

It may be that as a tenant or property owner, you do not need to have a full understanding of the technical detail of a dilapidations report. That will depend on your knowledge and interest in the construction industry generally. The key requirement is to agree that the dilapidations have been fairly assessed and any costs identified impartially based on industry best practice.

This is why it is important to procure Dilapidations Surveys from well-qualified and credible independent suppliers. Royal Institution of Chartered Surveyors (RICS) is a professional body and has a range of support available to both landlords and tenants.

Frequently Asked Questions

If you would like to discuss your dilapidation requirements further, please call our office on 020 7391 7100 or email us at surveyor@fandt.com.

Understanding Dilapidations

You may have heard the term Dilapidations Protocol, but not be clear exactly what it refers to. It is a document that is technically known as the ‘Dilapidations Pre-Action Protocol for Claims for Damages in Relation to the Physical State of Commercial Property at Termination of a Tenancy’ in English legal circles. The document was first published by the Property Litigation Association in 2002. Its aim was, and still is, to prevent landlords from making exaggerated claims and supporting the early settlement of dilapidation disputes without the involvement of the Courts.

A second edition, issued in 2006, aimed to reduce costs by recommending diminution valuations were considered just before the issue of proceedings. From 2008 to 2011 the PLA and the Royal Institution of Chartered Surveyors (RICS) worked with the Civil Justice Council to refine the wording of the Protocol ready for its full adoption in 2012.

While we cannot provide legal advice, we can provide an understanding of the Dilapidation Protocol principles that may help avoid the legal pitfalls often associated with the process.

As a tenant or landlord, it pays to be in the know.

What Are Dilapidations And Why Are They Important In Property Law?

‘Dilapidations’ describes the difference between the condition of a property when a tenant moves in and when they move out. It is a catch-all term to describe damage, wear and tear, alterations and other changes. According to the terms of most typical commercial leases, landlords are compensated for dilapidations when the lease ends and the tenant leaves the building.

Dilapidations are important because the compensatory costs involved can, and do, add up quickly, and without care, dilapidations can become a costly and time-consuming area of dispute. The measurement, recording and assessing of dilapidations fairly and independently, therefore, becomes a specialist task that benefits from regulation and control. This is why the Dilapidations Protocol is a useful document for all involved parties.

What Is The Purpose Of The Dilapidations Protocol And How Does It Work?

The Dilapidations Protocol applies to commercial property under the jurisdiction of English law. There is a separate Pre-Action Protocol for Housing Disrepair cases. It specifically relates to claims for damages for dilapidations against tenants at the point their tenancy agreement ends. These are rather dramatically referred to as ‘terminal dilapidations claims.’

Importantly, this protocol of dilapidations does not define terms such as ‘dilapidations’, ‘repair’, ‘reinstatement’ or ‘redecoration.’ To understand how it applies to you, you will also need to refer to your signed lease contract or other specific documentation.

How Should Landlords Adhere To The Protocol?

The Protocol states Landlords should forward their tenants a schedule of dilapidations within 56 days of the termination of the lease as a minimum. It suggests doing it beforehand. This schedule should include anything the Landlord considers to be a dilapidation, proposed repairs and, if appropriate, the costs involved.

Should a dilapidations survey be prepared by a surveyor, the landlord should ensure the surveyor has, when writing the report, regarded the principles laid down in the Royal Institution of Chartered Surveyors (RICS) Guidance Note on Dilapidations.

The landlord, and their surveyors, are bound by the protocol to confirm that all the works and costings set out in the schedule are required and reasonable.

This schedule should then form the basis of a Qualified Demand. This is a document that sets out and substantiates the monetary sum sought as dilapidation damages in the schedule as well as any other items of loss that need to be recovered. It should also set out whether VAT applies.

This should form the basis of any negotiation.

How Should Tenants Adhere To The Protocol?

As a tenant, you should respond to a Quantified Demand within a reasonable time. The Protocol suggests within 56 days of receipt. Where appropriate, the tenant should respond using the schedule and set out, in sufficient detail, the tenant’s views on each individual item. Some may be accepted, some accepted with modifications and some rejected.

What Should Happen During Dilapidations Negotiations?

The landlord, tenant, their respective surveyors or other representatives are encouraged to meet before the tenant is required to formally respond to the Quantified Demand.

The protocol suggests parties should generally meet within 28 days of the tenant’s first response. The meetings should be without-prejudice with the specific aim of agreeing on items in dispute with a genuine sense of collaboration.

Parties should also agree to make relevant documents available. In the spirit of fairness and transparency, the Protocol suggests this assistance be given without having to recourse to legal action.

Why The Protocol Recommends Alternative Dilapidations Dispute Resolution

The protocol suggests parties consider Alternative Dispute Resolution (ADR) procedures before litigation.

If you would like to discuss your dilapidation requirements further, please call our office on 020 7391 7100 or email us at surveyor@fandt.com.