There is often confusion as to what a Schedule of Condition is and what purpose it serves.
A Schedule of Condition is a visual record of the condition of a building at the time of inspection. The Schedule of Condition will describe building elements and comment their condition.
The Schedule of Condition will include a visual record of a defect but will not offer commentary on its cause or remedy. As an example a Schedule of Condition will record cracking in a wall but will not diagnose the cause of the crack. If a Client wants to understand the cause of defects then we would recommend they instruct a Building Survey.
Schedules of Condition can be used in a number of situations. The use and benefit of a Schedule of Condition can vary for each instruction.
Schedule of Condition can be instructed by a landlord or tenant when looking to agree a lease. Where the demise is in a poor condition Schedules of Condition can limit the tenants future repairing liabilities. To achieve this the Schedules of Condition has to be documented in the Lease. In some situations Schedules of Condition are beneficial to the tenant but not in all. When acquiring a new lease tenants often consider what information they need before signing the Lease. Tenants may consider a Schedule of Condition but there are occasions where these will offer little benefit and a Building Survey is more appropriate.
Where building works are undertaken Schedules of Condition can be prepared of neighbours properties before works start. If the condition of the buildings are recorded prior to the commencement of construction and damage caused by the works can be identified. Schedules of Condition are included in Party Wall Awards and Landlords licences for this purpose.
Tim Greenwood and Associates understand the implications and benefits of Schedules of Conditions. We advise our Clients on the merits of a Schedule of Condition for their instructions.
