MEMBERS LETTERS
However if you do not have permission to remove it or you really love the feature in your home, there are precautions you can take to ensure your chimney and fireplace are in a good state and remain as low risk as possible:
• Ensure all chimneys and open fires are maintained in a good state of repair, and ensure they are professionally cleaned along the entire length at least once a year before winter use.
• If you have a spark arrester fitted it must also be thoroughly cleaned at the same time as the chimney.
• An inspection by a HETAS registered company will also be required at least once every three years and a copy of the inspection is to be provided to your insurer after each inspection.
• Stoves or burners are also to be professionally cleaned along the entire length at least twice a year, once before and once during winter use.
• Ensure that these stoves or burners are professionally lined and insulated.
• Always ensure that at least one fully working water or foam fire extinguisher is on each level of the property, and a fire blanket and a 2kg dry powder or CO2 extinguisher is in each kitchen.
• Regularly check your smoke detectors and have them fitted at the highest accessible point of the roof void.
If you are uncertain of your insurer’s requirements then contact them to clarify exactly what they require you to comply with. Gain the exact condition from your policy wording and go through it step by step as a check list to make sure you comply with every aspect, as failure to do so may result in a claim becoming invalid.
If you have any further questions or concerns or would like to speak to an insurance advisor, please contact the Club and you will be put through to the insurance team who are happy to assist.
Georgina Clapp
DAMAGE BY A NEIGHBOUR TO PROPERTY CAUSED BY BUILDING WORKS
My listed Grade II timber-framed house has been damaged by the neighbours building works. A pile-driver used close to the boundary has cracked both my pool and more importantly caused cracks to appear in my house.
Generally, the principle applies that a duty of care is owed to others and that one is liable for one’s actions. Here the neighbour has undertaken substantial works and must have reasonably expected (or been negligent as to the fact) that they would potentially impact upon surrounding property.
You will need to evaluate the damage to both the house and your pool and obtain a clear assessment from an expert (such as a RICS surveyor competent with such buildings - The Listed Property Owners’ Club have a good list of such professionals) that the damage has been caused by their works/agents. Secondarily, a value on the potential cost of rectification is important as it will affect the quantum of any claim you need to make.
It may well be that besides the visible damage, there are latent issues that have arisen and if the damage is sever and the house is not safe, you may also need to claim for reasonable alternative accommodation until such time as the house is safe again.
Interestingly under the PWA, where deep ground works are anticipated within a specific proximity of the boundaries, a formal notice and subsequent agreement would normally be in place between the parties. That agreement should envisage processes for such a situation where damage is caused putting the onus of repair on those carrying out the work to rectify at their cost.
You may be wise to alert your insurers of the potential damage. Most reputable companies that cover listed property will include assistance in such cases and indeed may help with the cost of the initial surveyor’s assessments and reports. They may also underwrite immediate relocation if necessary and your legal expenses (to be reclaimed from those who caused the damage) in due course. Certainly you should keep notes of all time and monies spent following the incident, to ensure your claim is adequately documented.
Finally, remember that whilst like for like repairs are allowable, if the restoration requires any changes in materials etc these will need to be approved by your Conservation Officer.
Suzanne J Bowman on behalf of Adams & Remers LLP
WOULD YOU LIKE TO BE FEATURED IN THE NATIONAL PRESS?
The Club works closely with national press who often approach us looking for interesting owners stories. From wonderful renovations to planning victories, or even how the Club has helped you overcome a major obstacle, if you would like to share your story with a wider audience please contact Chloe on 01795 844939 or email
chloe@lpoc.co.uk
Find us on 30
The Listed Property Owners Club Follow us on Listed Heritage Magazine September/October 2018
@Listed_Property
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