23rd January 2018
Neil O'Brien
A Schedule of Condition provides a factual record of the current condition of a property, structure or land and is normally prepared for legal or contractual reasons.
The benefit of having an accurate Schedule of Condition is that it provides a benchmark against which the condition of a property, structure or land can be assessed against and which can help mitigate future repairing obligations and / or potential claims for damages in 3 key areas:
Leases | Construction | Party Walls – Structures
1 Leases
When letting a property, it is good practice for all commercial or residential leases to include a Schedule of Condition, documenting the condition of a property on an elemental basis and at the outset of a lease.
A properly prepared Schedule of Condition can:
- Help protect both the Landlords and Tenants interests, by outlining and enabling the parties to agree the condition of a property and any potential repair work, which might be needed, at the outset.
- Used to establish and agree a tenant’s repairing obligation and any obligations for reinstatement works under a lease. Avoiding potential disputes and costly claims for damages during the term or at the end of a lease.
2 Construction
When undertaking construction works it is good practice to prepare a Schedule of Condition, to record the condition of any existing / neighbouring structures and properties to be retained, prior to the works being undertaken.
This can help protect against potential claims for damages after works have begun and can also be used to establish any liability and the extent of remedial works needed in the event of damage being caused as a result of the works.
3 Party Walls – Structures
It is recommended under the Party Wall etc. Act 1996 to prepare a Schedule of Condition, prior to undertaking works to an existing Party Wall, Structure and / or adjacent excavation works.
The Schedule of Condition provides evidence of the existing condition, prior to the works beginning and can be used to ascertain whether damage has occurred, together with the extent of any remedial works that may be needed, therefore avoiding potential disputes arising or uncertainty.
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Why instruct a surveyor?
It is essential that any Schedule of Condition is prepared professionally. An incomplete, inadequate or poorly drafted Schedule can often result in protracted negotiations, disputes and may result in negating the desired effect of undertaking a Schedule and fail to fulfil the intended purpose.
It is also imperative that a Schedule of Condition is properly appended to any legal document, such as a Party Wall Award or Lease Agreement in order to gain the full benefit.
