The review of legal regulation by Sir David Clementi has claimed to have provked a reaction from the surveying professional. The Royal Institution of Chartered Surveyors (RICS) yesterday (Tuesday, 7 September) announced it has engaged Sir Bryan Carsberg to undertake a review of its regulatory function, prompted in part by government-driven consultations like Clementi.

The RICS review will examine chartered surveyors’ regulation, including the need to introduce measures such as practising certificates required for both solicitors and barristers.

Carsberg tends to resist the option of the RICS should becoming the designated professional body for the surveyors’ profession, so that, like the Law Society and the Bar Council, it is the government-appointed regulator. This model has been widely adopted in the US, but Carsberg said: “What we’re looking at here is self-regulation. Good regulation is in the interests of the members of any professional body.”

The RICS review will report next year, after the Clementi’s report, which is expected to be available from the end of December.

The Lawyer.com 10th.Sept 2004

Contact surveyors to prepare for reform, urges solicitor

2nd September 2004

Licensees are being encouraged to contact surveyors now to ensure they are prepared for the new Licensing Act.

A premises licence under the law required by November 2005, will require a plan of the trading area of the pub as part of the operating schedule, that details the activities and areas the licensee is able to host. This includes entertainment and the parts of the pub where families will be welcome, as well as the traditional bar.

Many pubs may not have a detailed enough plan to satisfy local authorities and could require a survey to be carried out. Applications for the new indefinite licenses will begin on February 7, 2005 and Emma Davies, solicitor at licensing solicitors Manches LLP, said: “ It’s important to get it right - time and money spent now will prevent future problems.”

UK house prices tumble for the first time in two years

Halifax bank, Britain biggest mortgage lender. have announced the end of the UK housing boom when prices in the UK have fallen for the first time in two years. This represents the reverse on the market which has shown continuous rises ypto August 2002. Prices took a reduction of 0.6 per cent in August. Similar research from Nationwide also that shows house prices are at their slowest rate for three years.

The Halifax claims that at the peak, the average price of a property in the UK was billed at just above the £160,000 mark. The Council of Mortgage Lenders indicated that at this time, first-time buyers were responsible for only 28 per cent of home loans in the three months up to July, well below the 10-year average of 44 per cent. Figures form the Bank of England show the number of loans approved for house purchases fell in June from 112,000 to 97,000 in July.

Howard Archer, economist at Global Insight, stated: "With consumer spending [also] showing signs of moderating in July and August, there is a growing possibility that the Bank of England could leave interest rates unchanged through the rest of this year."

Freelance UK, The Freelancer Portal

Sep 8, 2004

SUBSIDENCE MEANS PRICE OF EXECUTIVE PROPERTY SLIPS DOWN TO ONLY £80,000

LINDSAY MCINTOSH 08 September 2004 This is North Scotland

Desirable family homes in Aberdeen for sale at £80,000, but the drawback is that the property at Kingswells is subsiding so severely that the buyer it will have to raze it to the ground and rebuild.Number 3 John Arthur Court is in a cul-de-sac in the village, built in the late-80s by Kirkwood Homes, set back from the Old Skene Road, was built on insecure foundations or around a landfill site. The solicitors handling the sale, Paull & Williamsons, put the property on the market on August 31. It describes the property as: "Due to subsidence problems [it] would require to be totally demolished and rebuilt, but with the potential to create a five-bedroomed house with garage." A spokeswoman said yesterday there had been one tentative noted interest in it. The house is one of five similar houses which have all encountered problems at some point with their homes and the National House Building Council has been called in. NHBC confirmed it had received five different complaints from residents in the cul-de-sac, and that Kirkwood Homes was on the organisation database and provided the 10-year Buildmark warranty and insurance cover on the properties. "Under the Buildmark cover, NHBC carried out investigations and, where appropriate, remedial works contractors were appointed to carry out the necessary repair work." However some homeowners had opted for a financial settlement instead. An Aberdeen City Council spokesman said last night: "When they were constructed in the late-80s by Kirkwood Homes, the properties would have needed to have been designed and approved by the council in accordance with building-standards regulations. "A site investigation report to the city council at the time the houses were built would have required the developer to identify any problems and find a way round them, such as altering the design of the foundations." He added that the NHBC applied for building-warrant approval in 2001 to underpin two of the houses, which was approved in 2002.

Property payments "normal"

Sep 10 2004, By Emily Andrews, Birmingham Post

It is accepted behaviour in the building industry to take payments from competing firms a Birmingham court was told by the property developer Consultant Brian Lewis. He received fees from other companies whilst under contract to Chase Midland. His role included identifying land for it to buy and develop whilst also receiving payment to introduced firms to Chase.Hunters paid Mr Lewis £10,000 in 2002 for such introductions and John Ozwell, senior partner at Hunters estate agency, told Birmingham High Court such payments were common in the industry. Mr Ozwell, was asked in his capacity as a fellow of the Royal Institute of Chartered Surveyors, whether Mr Lewis freelancing role constituted a conflict of interests, but he replied such introductions were well-known and Mr Lewis appeared to fill several roles with Chase.Millionaire Mr Lewis, is currently suing Chase over the termination of his consultancy contract. His claim against the luxury homes developer includes between £300,000 and £500,000 in commissions over deals he helped negotiate while working for it from 1995 to 2002. The dispute centres on claims that Mr Lewis accepted payments from other property firms while Chase thought he was working exclusively for them.Lewis set up a consultancy with his wife Lynda from his home and maintains he was employed by Birmingham-based Chase on a freelance basis and thus his retainer payments from estate agents did not constitute a conflict of interests. However the company had terminated its contracts with Mr Lewis and one of its own directors David Jervis in April 2002 after it emerged they were setting up a rival. The court also heard evidence about the sale of a property in the Cotswolds from Charles Comber, a partner in Hayman Joyce estate agency, who said that Chase had looked at the site, under the direction of David Jervis, but it was deemed too small for its purposes. But the site was regarded as a desirable acquisition and under cross examination by Mr Lewis he said that although Chase was not interested in the land, he believed Mr Jervis and Mr Lewis were interested personally. Mr Comber then had a meeting with them in August 2001 where the name of Langstone Homes - the property development company of which Mr Lewis and Mr Jervis are now directors was forwarded as developer. Langstone then bought the Cotswolds site.Mr Lewis asked: "Would it surprise you to learn that David Jervis had no connection with Langstone Homes at that time?" Mr Comber confirmed that Mr Lewis had not received payment from Hayman Joyce in relation to Chase work. Multi-millionaire chairman of Chase, Rod Ackrill, gives evidence on Monday.

www.icbirmingham.co.uk

PICTURE THIS: TRUST TO REKINDLE GLORY YEARS OF BUILDING

THE Abbeydale Picture House was one of the most luxurious cinemas of its day. Now a group of Sheffield volunteers is trying to rekindle some of its magic and breathe new life into the old building. Jade Beecroft reports.

THE imposing light grey "picture palace" on Abbeydale road was once a bustling centre for Sheffield socialites.

With 1500 seats for movies, varieties and spectaculars and a ballroom below it was a great attraction. "The picture house first opened at Christmas time in 1920," said city-born Mike Trott, a member of the Sheffield Teachers Operatic Society. "In its heyday critics could not understand why such a luxurious cinema had been built in a flat-cap industrial northern city. "But Sheffield audiences loved it, and around 4,000 passed through its doors every day throughout the first half of the 20th century." However the Picture House closed in 1975 the ballroom became the Abbeydale Snooker Club with other rooms used as a furniture warehouse.

The building maintains a Grade II category listing with most of the 1920s ornate decor in the auditorium still intact and The Friends of Abbeydale Picture House Trust are committed to opening it up for entertainment once again. "We formed in 2002 and we are a limited company with charitable trust status," said Chairman Mike. "We want to turn this building back into a picture place, and also make it a rehearsal space and venue for local groups, regardless of age, ability or cultural background.

"This building is part of Sheffield heritage so we want to reclaim it for everybody in this city to enjoy."

"We are currently undertaking a feasibility study with money from the Architectural Heritage Fund, using architects, surveyors and accountants to prove that our plans for the building are possible," said Mike.

"Then we hope to secure Lottery funding and the support of local businesses to buy it and start renovations. The Snooker club are being very co-operative because they would like to see the Picture House put to use again, but it will cost £400,000 to buy and millions to renovate."

The Trust are hosting a special event at the Picture House this weekend, with guided tours, an organ player and speakers from the Sheffield Film Society. The Abbeydale Picture House will be open on September 11 and 12 from 10am to 4pm.

To make a donation or become a member of the Friends of Abbeydale Picture House Trust call Mike on 0114 255 3239 or write to 387 Abbeydale Road, Sheffield S7 1FS.

10 September 2004

Sheffield Today.co.uk

£12m repair bill for "unfit" houses

Sep 9 2004, www.iccoventry.co.uk

A Report carried out by Cambridge Housing and Environmental Consultants on behalf of Rugby Borough Council has declared up to 2676 houses not owned by the council are unfit for people to live in.Of the 30,000 homes in the survey, the majority were owner occupied, while 1,173 are owned by housing associations and 2,278 were privately rented. More than 450 privately rented homes were classified as unfit, as were 132 properties managed by housing associationsEstimates by the Consultants for immediate repairs alone could cost more than £12 million. However the final figure for repairs, which includes homes not classified as unfit but needing work costing more than £2,500, could rise as high as £20.5 million.But housing bosses, in a report to councillors, housing and environmental health director said: "There are key factors in the legal definition of unfitness which are subjective. "It has emerged the consultant surveyors have adopted a worst case scenario approach to items of substantial disrepair and structural instability”. Also a lack of facilities like central heating could be sufficient to term the property unfit for habitation in the first report.Rugby borough council leader Craig Humphrey (Con, Bilton) said, "While we can control our public sector housing, the private sector remains more of a grey area. It is not so clear-cut in terms of standards. If the new report reaffirms the initial findings, we will have to work very closely with the public sector to change it”. The council would prepare a plan of action after seeing the modified report.