Showing posts with label Commercial Inspection. Show all posts
Showing posts with label Commercial Inspection. Show all posts

Tuesday, August 21, 2012

買屋和驗屋相關的專業團隊及可能遇到的問題 Possible Problems When You Buying And Inspecting A House

(Updated May 2022) 卑斯省民都知道，買屋首先要找專業的房屋經紀代表向屋主議價，再找銀行貸款，然後請驗屋師檢驗房屋，最後交由律師或公證人處理土地房屋契約，就等待約定的日期收樓搬家。
真是這麼簡單嗎？假如按照以上程序，找專業人員替你把關，事事順利，必然萬無一失。買房屋真是可以如此簡單，但是很多時候都會有意外事件發生的(請查看末段的新聞報導)，若事前少做功課，必然招致不愉快和時間金錢損失。所以應該花點時間做功課，捜集資料、閱讀有關文件、組合你的專業可靠團隊，助你解決所有可能面對的困難：

 一、驗證你的專業團隊是否足以信賴；除了親友的口碑，亦可上網查詢。

 1、首先查閱商業信譽局 (Better Business Bureau, BBB) 的評級與投訴記錄 http://bbb.org 若在過去都沒有投訴記錄、並取得A+評級的非BBB會員(not BBB Accredited)最為可靠。非BBB會員的投訴記錄是不能抹掉的，但付費會員則可以在調解後清除投訴資料。
2、REALTOR.CA 驗證註冊房地產經紀(Realtor)名單 / 經紀的紀律處分記錄 (也可以查閱貸款和保險經紀) RATE-MY-AGENT,COM 地產經紀的客戶評分 (也可以比較貸款經紀,信用合作社)
3、EGBC.CA 驗證專業工程師(PEng)名單 / 專業工程師的紀律處分記錄
ASTTBC.ORG 驗證註冊工程技師(AScT)與技術員(CTech) 專業的EGBC/ASTTBC 建築工程人員再加上相關的商業樓宇檢驗訓練，便可以檢驗商業物業。
5、consumerprotectionbc.ca 驗證註冊住宅驗屋師的牌照 / 住宅驗屋師的紀律處分記錄 
領有執照的住宅驗屋師都有一個5位數字的牌照編號，一般字頭是4萬至8萬號，雖然這些編號不分先後，但4字頭的驗屋師是2009年3月31日之前巳經執業的，而5字頭是2009年之後才申請牌照的。6字頭和7字頭則是近年才入職的新驗屋師，8字頭是最新的。
6、RCABC.ORG 驗證屋頂承建商(Roof Contractor)名單 / 屋頂檢查人員(Roof Observor)名單
7、CSAPsociety.bc.ca 驗證環境評估顧問(CSAP)
8、AICANADA.CA 驗證物業估價師(Appraiser)
9、ABCLS.CA 驗證土地測量師(Land Surveyor)
10、GOV2.BC.CA 驗證合資格的河畔環評顧問(QEP)
RAR Qualified Environmental Professional, QEP may be an Agrologist, Applied technologist or technician, professional Biologist/Engineer/Forester/Geoscientist/Forest-Technologist:
註冊林務人員(Registered Professional Forester, RPF) abcfp.ca
11、ASTTBC.ORG 驗證註冊廢水處理從業員(Registered Onsite Wastewater Practioners, ROWP)
12、LAWSOCIETY.BC.CA 驗證律師 / 律師的投訴及紀律記錄
13、SNPBC.CA 驗證法律公證人 / 法律公證人的投訴記錄 /  Complaint Form

 二、你心儀的房屋若是屬於商業物業，買賣程序會大大不同。

 1、買賣商業物業程序與住宅物業有很大分別的，原則上商業物業由商業物業經紀負責，但事實上有很多商業與住宅混淆的例子。
2、一般通過房地產銷售網絡 (Multiple Listing Service, MLS) 登錄在 Realtor.ca 上，登在"Residential"上的是住宅，登在"Commercial"的是商業物業，但經常發現巳轉為商業地段的獨立屋仍然以住宅單位出售；或獨立屋己改建為超過四個住宅單位的出租公寓，要求住宅驗屋師驗屋，事實上法例規定住宅驗屋師只可以檢驗包含四個或以下住宅單位的獨立屋。
3、所有商業物業，包括出租公寓、商鋪、貨倉、辦公室、工廠、酒店等等，都需要作物業狀況評估(Property Condition Assessments, PCA) 一般稱為 Commercial Inspection，美加兩國都遵循同一ASTM-E2018標準。
4、假如你打算購買的物業被歸類為商業物業，就必須向業主索取環境評估報告(Environmental Site Assessment, ESA)。隣近油站、工廠、洗衣店、地勢低窪和有地下儲油缸的地段，都可能受到汚染。若業主未能提供環評報告，就必須自行聘請專業的環境評估顧問，因調查需時，必須儘早安排避免錯過合約時間。
5.  當準備購買商業物業和經營中的生意時，首先要找一個經驗豐富的商業物業律師和會計師，來配合你的商業物業經紀去物色合適的物業。與賣家議價時必須與律師商議各項細節，並由律師準備offer文件，當議價成功後，雙方律師會共同商討詳細合約內容。若沒有事前準備的話，你會發現合約細節與Offfer是完全兩樣，例如經紀只關注物業的價值，不會注意土地用途，建築物附重規限，用電用水量，洗手間，廚房規劃，各項檢查報告，租客租約，生意轉讓，註冊名稱牌照續約，各項預購定金如何分配，以及遣散員工等等都必須有比offer更詳盡的合約保障買賣相方的利益。


 三、儘早詳細閱讀賣方提供及向巿政府索取的有關文件；若有需要立刻向賣方查詢並咨詢專業意見。

 1、物業估價(Appraisal)：出售物業的價格多由屋主和經紀人自定，或根據省政府的物業估價單或巿政府的地稅單作為參考資料。但準確的物業價值必須由專業的物業估價師評估，若申請銀行貸款，銀行便會交由估價師評估售價是否合理。若毋須貸款，買家亦要自行聘請估價師，以防買貴屋。
2、房產披露聲明、公契、 折舊報告等文件：業主和經紀必須提供詳盡的物業維修資料和狀况的法律文件Property Disclosure Statement(PDS)，不能以業主「不在此居住」為理由而誤導買家接受並簽署空白/不實的PDS。若購買共管式公寓和鎮屋，管理公司會發出共管規章(公契 Strata Bylaws) 、最近兩年的業主法團會議紀錄(Strata minutes)、Form B、 折舊報告(Depreciation Report)和工程檢驗顧問報告(Engineering Report) 等文件副本，由於閱讀需時，務必儘早取得所有文件。若工程顧問報告內建議的大樓維修仍未完成，不論年份多久，亦應提供副本給買家參考。住客年齡和出租限制都很重要。
3、巿政附例(City Bylaws)：到巿政府網站查看地理資訊系統資料(GIS)和分區附例(Zones)，包括地段內供水排水系統與通道權(Right of Way) ，附近社區服務設施、古蹟䢖築 (Downtown WestEnd / Vancouver)、農業保留地(ALR)、環保地段、河畔管理區(RAR)、機場噪音影響區、以至社區犯罪率等等。Richmond GIS / Richmond Zones / Vancouver GIS Map / Vancouver Zoning / VanMap / Burnaby Zoning Map / Delta Map /
4、巿政檔案(Municipal Record)：向屋主取得授權書，便可親自到巿政府牌照部檢視房屋地段的有關文件檔案，包括建築設計圖，以了解建築面積、城市規劃用途、是否有非法僭建、未完成的許可證、大麻屋及冰毒工場等。並可以查詢是否有危險山坡、地下河道、擋土牆及山坡業權誰屬、是否古蹟文物建築、可否擴建以及未來地區發展等等。
5、犯罪檔案(Criminal Record)：到皇家騎警的網站 RCMP List of Marihuana Grow Op 查看大麻屋和毒品屋資料 。到https://www.housecreep.com/ 的網站查看謀殺房屋，大麻屋和鬼屋資料 。
6、大麻屋(Grow Op)：若不幸購入「大麻屋」，可能有房屋结構受損，非法改裝的暖氣系統丶電線和水管等影響健康丶引致火警和漏水，種植期間遺留的農藥和肥料也會產生中毒的機會。若市政府已發出不適合居住通知， 則必須修理房屋丶水丶電和暖氣系統，並經專業人員檢驗合格才可入住。以後出售時必需標誌為「大麻屋」方能出售。亦要出示上述各項專業檢查的證書，所費不菲。

 四、預先處理與生態環境和公衆健康有關的問題：避免日後罰款和訴訟。

 1、水質檢驗 (Water Test) ：在近郊地區房屋可能欠缺自來水供應，必須使用井水或溪水，務必要求水質檢驗，以符合加拿大飲用水標準。可以委托顧問工程師處理，或自行抽取水様本，並直接交由水質化驗所試驗，化驗所會提供相關技術說明、經消毒的樣本瓶及冷藏箱、和現埸檢驗器材。可到省環境部查詢有關水井資訊。
2、排汚系統(Sewage System)：部份近郊房屋亦可能缺乏排汚系統(Onsite Wastewater System formerly known as Septic system)，只可以在後園使用化糞池或先進現代科技處理汚水。自2005年開始，戶主必須聘用專家定期1-2年檢驗汚水處理系統，每2-3 年聘請專門清潔公司清理固體沉積物。查詢化糞池排汚系統法例 。或 Sewerage System Regulation: Standard Practice and Health Hazards 2017. 若入住人口增加，必須由專業人員重新審查原先設計是否足夠，有可能要重建或更換整個廢水系統。
3、河畔管理區(RAR)：若房屋地段座落於河溪十五公尺範圍內的河畔管理區(Riparian Management Areas, RAR)，則必須要符合河畔管理區法例，防止汚染河道和影響魚類生態，有關條款可到巿政府網站查詢。
4、生態保護區及農地保留區(ESA & ALR)：若房屋地段座落於生態保護區(Environmentally Sensitive Area, ESA) 及農地保留區(Agricultural Land Reserve, ALR) 內，則必須聘用專家顧問提供土地使用申請書。可到省政府網站查詢有關在農地保留區內內的住宅使用標準。
5、地下河道(Lost Stream)：由於社區發展，大溫哥華有很多河溪被填埋或隱藏於下水道，若房屋座落於這些地下河道 (Lost Streams) 上，不但建築有限制，亦容易引致地䧟和地庫滲水，可到 Vancouver Old Streams 地圖查看。https://vancouverhistory.files.wordpress.com/2011/08/vancouversoldstreamsprintedmap-1.pdf
6. 自流井和含水層 (Artesian Wells and Aquifers) : 你若在温哥華市南面，沿著菲沙河岸地區建造帶有地庫的房屋，請留意是否有自流井和含水層的地質情况，會導致建築費加增和容易引起地庫滲漏問題，詳情請參閱温市政府網站。https://vancouver.ca/home-property-development/flooding-and-artesian-wells.aspx

 五、全新建築應該注意合約事項：包括保養與驗屋條款在內。

 1、新屋2-5-10保養(2-5-10 Warranty)：若購買全新房屋或是舊屋重建，都必須要求承建商提供2-5-10新屋保證計劃(Third-party Home Warranty Program) ，可以到省政府房屋局（BC Housing）査看新屋登記冊。
2、自建房屋2-5-10保養(Owner Builders)：任何人都可以親自動手建造自己家園，但自2007年開始，屋主親自建造房屋必須標簽為 Owner-built homes，在頭一年不能出售，在頭十年內轉售時必須簽署 Owner Builder Disclosure Notice，在2007年11月19日後興建房屋的戶主，從銷售完成日開始必須提供與2-5-10新屋保證計劃相同的保養，頭一年保養工料全包、五年屋頂外牆保養和十年結構保養。由於不是持有執照的承建商建造，所以日後出售可能較為困難。詳情可到 BC Housing 網站查詢。
3、律師審閱建房屋合約(Construction Contract)：與承建商簽署合約前，必須聘請律師審閱內容。付款期、建築項目單價、過期罰款、由執照驗屋師驗收等條款都必須加入合約內。
4、交樓前驗收(Final Inspection)：若是購買由發展商出售的公寓和鎭屋，在完工後會安排買家作交樓前驗收，稱為交樓前檢驗（PreDelivery Inspection, PDI) ，發展商一般都不會反對買家聘請領有執照的驗屋師陪同進行PDI，但必須在合同中說明，一般都會在指定日期的一小時內完成，。
5、交樓前維修(Defects repair)：任何業主同意的維修，都必須在付款日期7天前修復，以免在搬家之後進行維修工程。

 六、搬進舊房屋前必須進行驗收、安全檢驗與裝修事項，以保障你的健康與生命安全。

 1、即日驗收(Inspection on possession day)：完成買賣交收手續取得鎖匙後，必須立刻視察天花板及牆壁一遍，並開啟所有冷熱水喉及家電，看看有沒有漏水或損壞。如有問題，請即日通知經紀向屋主報告並要求修復。
2、屋頂年檢(Annual Inspection)：每年一次由合資格屋頂技工或屋頂檢查公司檢查屋頂，若屋主去年沒有檢驗屋頂，則必須由買家立刻自行付費檢驗，以確保屋頂防水。
3、安全檢驗：必須在搬家之前由執照消防公司檢驗消防系統、由執照保安公司檢驗警鐘、電話、電視、對話系統和上網綫路等，以確保安全。
4、冷暖氣及通風系統(Heat Recovery Ventilator, HRV) 年檢：若屋主去年沒有聘請有牌照技工檢查冷暖氣及通風系統，則必須由買家立刻自行付費檢驗，及更換空氣過濾網。若氣溫低於15C，切勿啟動冷氣空調系統。若有燒木的壁爐，必須2025年前向大溫區域局(MVRD)登記，每三年免費續期，並每年由技師清潔煙囪和檢查壁爐。如果沒有登記，在任何情況下都不能使用燃木壁爐。 詳情請查看MVRD網站Bylaw No. 1303,2020
5、警鐘系統(Alarms)：必須安裝安全報警系統，地庫若有抽水系統，則必須接駁至警鐘系統，並加裝儲電池操作的後備水泵。
6、購買房屋保險(House Insurance)：所有獨立屋、鎭屋與共管公寓都要購買保險，並必須包括水險。
7、申請裝修許可證(Building permit)：當所有收屋手續辦妥後，新屋主都會稍微修改房屋、重新粉刷一新、或大興土木拆舊重建，無論或大或小工程都必須到巿政府牌照部申請工程許可證並尋找有執照的承包商 https://www.technicalsafetybc.ca/public-safety/home-renovations-zh-cn
8、含有毒物質的建築物料和地下油缸(Hazardous Materials & Underground Fuel Tank)：若考慮拆掉舊屋重建新屋，必須先進行舊屋測試找出有毒物料，和聘請專家清除所有可能含有致癌和有毒物質的建築物料，以保障建築工人的健康和安全。拆除地下油缸，並清理可能被汚染泥土。若要避免新舊材料中可能散發出有毒物質影響工作人員健康，請向工作安全局(Work Safe BC) 查詢許可證的申請程序。或下載住宅建造安全手冊 Safe Work Practices in Residential Construction。或查看修復、翻新和拆除的網頁。

 事實上，購買房屋是一項繁瑣工程，就算做足功課、並擁有專業可靠的夢幻團隊，亦不能保證萬無一失，祝君好運!

 相關閱讀 - Inspect BC Home Inspectors 卑斯省驗屋師資格漫談

Related news:
2011/09/13 Vancouver Sun - Shell Gas Stn leak: finding contaminated sites is a challenge / 
 Gas leak contaminates Kerrisdale properties
2011/09/15 CBC News - Gas station leak contaminates Kerrisdale properties
2011/09/15 Vancouver Sun - Shell must get innovative to clean up gas station leak: ministry
2013/05/22 Vancouver Courier - Certificates confirm no risk to human health from Shell gas station leak 
2014/03/06 Vancouver Sun - Hire the best home inspector possible
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Friday, November 26, 2010

Inspection Tips and Tools For Commercial Investment Property

 

Inspection Tips and Tools For Commercial Investment Property

By 
Expert Author John Highman
When you inspect a commercial, retail or industrial property, it is the physical aspects of the property that should be well explored and documented. These matters below are some of the key issues for you to review before you complete the property listing or promotion.
  1. Tenant compliance to physical building use: The tenants to a building may be obliged to undertake compliance to the way in which they use the building. Such matters will be detailed in the lease. You should read the leases in this regard to identify these things.
  2. Antennas and aerials: Some buildings feature communication antennas and aerials. In the first instance these should have been approved by the landlord and in some circumstances the local planning authority. The antenna or aerial installation will have been made on the approved structures with supporting plans and documentation together also with access restrictions and risk signage to prevent people in the area being exposed to radio frequency radiation. You need to know that these things have been correctly handled.
  3. Asbestos: It is common knowledge that asbestos is a hazardous building material that still exists in buildings constructed prior to 1990. From that time onwards, it was largely avoided and prohibited as a construction material in most buildings. Originally it was used as an insulation material in areas including electrical switchboards and also on the beams and columns of the building structure as a fire resistant material. It is therefore quite possible that you will sell or lease a building in which asbestos is still located. In your town or city there will be legislation rules and regulations that apply to the existence of asbestos. It is necessary that you get information from the building owner regards compliance to Legislation in this regard.
  4. Asset replacement value: With commercial real estate properties, it is common for regular valuations to be undertaken by the building owner for insurance purposes regards asset replacement. This type of valuation would be applicable in the event of a fire or building disaster. You can also get building replacement values from information sheets provided by local quantity surveyors. You can usually obtain these from the internet. Importantly the construction costs and replacement value need to be applicable to your location given the costs of sourcing the construction materials and the labour.
  5. Building Code Compliance: When buildings are first constructed they are done so to the current building code. As time progresses the building code changes and it is sometimes necessary for existing buildings to be upgraded to current code. A good example of this is the need for disabled access to buildings and internal disabled facilities. When you inspect and list a building you should identify if any such notices under the building code currently exist. A note of caution here; when a building is put through a major refurbishment, the planning authority may regard the refurbishment activity as a trigger for a code compliance upgrade. This can be a large cost. A quantity surveyor is the best person to consult on costs of this nature.
  6. Floor and site surveys: When working with investment properties it is the internal lettable space that is of prime importance to the generation of rental and occupancy. All the leases for the tenants will be linked to the survey plans and the net lettable area therein. For this reason you should ask to see the survey plans for the building and the lettable space. You need to know that they are accurate and up to date at the time of sale or lease. Part of this process is to inspect the property with the plans so that you can identify any discrepancies. In all cases of error or concern with the plans you should get a building surveyor to give assistance and guidance.
  7. As Built Drawings: Every building has a set of plans that were approved for the building to be constructed. They are a great source of information and cover, structural, hydraulic, electrical, mechanical, and lighting layouts. They are an excellent source of information on which you can base your leasing strategies.
  8. Building approvals and permits: Does the building still comply with the original building permit issued by the building authority? Most particularly does the use of the property still comply with the approval as granted? It pays to get a copy of the current building approval when possible because a wise purchaser or tenant will want to see it.
  9. BMU: This stands for the 'building maintenance unit' and is likely to exist in multi level buildings. The BMU is the device that hangs over the side of the building to clean the exterior and the windows at different times of the year. Importantly the BMU has to be safety compliant and also approved for use. When you know that the building has a BMU, it is wise to ask about its use and approvals.
  10. Certificates of Occupancy: When a building is first constructed it is inspected and certified for occupancy. The certificate of occupancy is granted by the local building approval authority. From that point onward the occupancy of the building must comply with the approval guidelines. It is possible that the certificate of occupancy can be withdrawn at any time if the building is deemed unsafe or has been damaged. It is therefore something that you would question if doubts about the building exist. In such circumstances get a copy of the certificate of occupancy.
  11. Development Approval: When property development is a consideration on the property, seek copy of any existing development approvals. They will stipulate the type of development that has been approved, the elements needed to comply with the approval, and the time line. Properties with existing development approvals may be attractive to purchasers that want to undertake new construction and property developments. You will also need to know if the development approval is transferable with the property to a new owner.
  12. Disability and Discrimination Notices: Whilst the commercial property is simply a building constructed at a certain point in time, it is possible that it does not now comply with the current disability access codes and access provisions for buildings of that type. You need to know if any orders have been applied to the building by the building authority for compliance to new disability codes. If any orders exist, it is likely that they will have to be discharged prior to any building sale or lease.
  13. Electrical Services: All electrical services in the commercial property must comply with current standards of electrical installation and maintenance. In such circumstances a contractor will normally be undertaking inspections and maintaining a log book for this purpose. If in doubt (and particularly with older buildings), call in an engineer to advise. Thermal scanning of switchboards in older buildings is a good practical processs to identify if matters of breakdown and heat could exist.
  14. Electromagnetic Radiation (EMR): In some properties EMR can be generated from plant and machinery (such as the power feed for lifts or mobile antennas on the roof of the building). This then becomes a safety issue for people on site and also will be notable in the poor or erratic performance of sensitive electrical devices such as computers. When this problem is noted it is necessary to involve engineers to advise you. It is also common for barriers to be installed in the area that is involved in EMR.
  15. Environmental Risks: In most locations there will be a register of contaminated sites and properties that do not comply with the environmental guidelines. Ask about this when looking at new properties. The most common issues in this regard are tanks in the basement that were used to store heating oil or diesel. They may be now redundant but they are regarded as an environmental risk and will need to be remediated.
  16. Essential Services Certification and Compliance: All buildings need to be compliant with fire safety regulations. This can include, sprinklers, smoke detectors, smoke dampers, exit routes and signage, evacuation plans, fire hoses and hydrants, and the list goes on. Importantly all of these essential services systems in a building are regularly checked for compliance by qualified tradespeople. The results of the regular tests are maintained in log books on site. It is wise to question the compliance and checking process. It is something that can hold up sale and settlement.
  17. Facade and Cladding: Given the large nature of commercial buildings, it is common for the exterior of the property to sometimes leak or fail. Deterioration is also an issue in the older properties. Whilst you can do your own visual inspections you are not an expert in building construction, and therefore it is sometimes necessary to call in an engineer to give qualified comment and guidance. The integrity of the building fabric will be of concern to the purchaser. In the case of older rendered buildings it is common for rainwater to penetrate cracks in the facade or walls, and cause the render or the concrete to fall away. This process is called 'spalling' and if noted will require engineer comment. It is regarded as a risk to the public and people on the grounds that are accessing the property.
  18. Fire protection systems and compliance: Many buyers of a property will want to ensure that the property does comply with safety codes for building occupancy. Part of that will be formalised and operational systems such as building evacuation plans. It pays to ask the seller of a property as to their establishment of the evacuation plans and who is controlling the regular tenant drills and practices. This is highly important in a building with multiple occupants. In such circumstances the landlord is responsible for establishment of the plan and its integration to the tenant's occupation. The lease for each tenant will also refer to their involvement with the fire safety systems and evacuation processes.
  19. Geo Technical Surveys: This will be more relevant with land and development sites given that the property and building is still to be established or redeveloped. Has the property had such surveys undertaken? If so what is the status of the survey and the report? If a property is located in an area that appears unstable or if it is on sloping or rocky land, the report will be important to the future of the property. The geo technical report can help with the understanding of construction costs and strategies.
  20. Historic site listing: If the building or the property is listed on a register of historic sites then you need to know what this means to the future of the property. Restrictions and limitations can be imposed on future property changes because of the heritage listing. This will add to the development costs and approval processes. If in doubt consult with the local planning approvals authority. If you have a property that is so affected or listed, then you will need an expert such as an architect to assist with the future considerations and costs for the property.
  21. Hydraulic services: This is the plumbing and drainage systems for the property. You can ask for the 'as built drawings' of the property as part of your inspection process to understand how these systems integrate into the building and service the tenants. Usually the hydraulic systems will be centred on the core of the building. If a tenant wants to connect tea rooms and kitchens to the system then it is an engineering issue and needs the landlords approval to the process.
  22. Indoor air quality: For some older buildings this can be a concern for occupancy. Properties located adjacent to major traffic corridors will also be high on the list when it comes to air quality concerns. Today tenants are very aware of the 'sick building' syndrome and its impact on the workforce both physically and legally. Reports can be obtained from the air conditioning contractor to assist with this problem, and if greater concerns are identified then engineers can be sourced.
  23. Lead paint risk: Older buildings may contain surfaces that are coated in lead based paint. This has been proven to be a health concern in occupancy and will deter tenants. When in doubt see expert opinion from an engineer.
  24. Legionella health risk and safety compliance: Building owners must comply with the local health regulations regards the health and function of the air conditioning system. Most particularly the issue of legionella is of more concern when there is a 'cooling tower' that functions in the air conditioning system. It is the 'cooling tower' that can become infected with the bacteria and then spread the infection through the building. Larger buildings will commonly contain 'cooling towers' as that is the accepted way to achieve economical function of the air conditioning system. The air conditioning consultant that maintains the air conditioning system for the building owner should have this health risk in check. If in doubt ask the questions. When a property owner self manages a building it is possible that they will either not have the knowledge to do so correctly, or they will cut corners as they do not want to spend money. This is a trigger to ask questions in the property sale.
  25. Plant Life cycle: In older buildings the economical and functional life cycle of the plant in the building will become an issue. It can be a costly concern for the building to operate into the future. Buyers will need to assess the stability and function of the plant in the building. It pays to get an engineer's report of the existing plant and machinery before you go to sale when transacting older buildings.
  26. Maintenance contracts: Every property will have a selection of maintenance contracts and systems underway. Some of these will pass through settlement to the new property owner as the item under contract involves the amortisation of costly machinery and repairs. A good example here is the lift maintenance contract in the building. Cleaning contracts are also large expense contracts in major properties. As part of the property listing process it pays to understand the contracts that could fall into this category of ongoing cost to the buyer. If they do exist, then get a copy of the contract(s) and review it (them) for details and impact on the sale.
  27. Mechanical services risks: The larger the property, the larger the risks when it comes to the mechanical services function and compliance to current operational codes. In the sale of larger properties it is likely that you will need an engineer's report on the mechanical services before you move towards sale. The engineers know what compliance issues exist and how they should be assessed. Have the report available to provide to serious and qualified buyers if they ask any pertinent questions.
  28. Nickel Sulphide Inclusion: If you are selling buildings with a lot of exterior glass it is possible that you will have heard of this problem or seen something about it elsewhere. Most particularly nickel sulphide (NS) is an impurity of the glass manufacturing process. NS when it exists in glass it will likely cause the glass to break within 5 years or so of manufacture and this is particularly the case if the glass is on the exterior of the building where it is under the stresses of daily heat and cooling. Given that architects like to use extensive glass on the outside of buildings, the problem of NS breakage is common. If the building is multi storey then you can have a risk event to members of the public that pass the building at street level. If you sell a building with a history of NS then you will need an expert to get involved in a detailed property report on the glass involved and installed in the building.
  29. Noise emissions and risks: When working with any commercial property, the problem of noise emissions should be considered. Noise can emanate from the subject property or even neighbouring properties can also create the problem. This will obviously affect the ability to let the property and may create legal action or controversy whilst the property is occupied. Should the tenants in the property be the source of the noise then have the lease document create controls on the tenant in that regard. If you are selling a property with noisy tenants then you should review the lease documentation for similar protection to the purchaser or property owner. Industrial properties are most particularly the properties of concern in this category.
  30. Occupational health and safety: The local building code will require compliance to occupational health and safety rules and regulations. It is appropriate to ask the building owner to identify any matters of noncompliance or irregularity. If in doubt seek the assistance of a building engineer or property inspector that is familiar with the health and safety codes in the building type that you are handling.
  31. Machinery risk and unsafe workspaces: This is normally the concern of the tenants that occupy the premises given the way they install and use the machinery on the property as part of their business operations. There are however situations where the landlord may also have responsibility and this regard. This can be in areas which create risk or injury to people. It may be enclosed spaces where people can enter and be accidentally locked away then unable to escape. It can also be areas of danger such as radio frequency exposure from antennas on the roof of the building.
  32. Ozone depleting substances: This will be in the form of gases that damage the environment. Older air conditioning plant can be affected by the problem. Building owners should have the plant maintained within current plant and machinery codes to control the threat. A report from an engineer will assist here.
  33. Polychlorinated biphenyls: PCB's are a group of manufactured organic chemicals that contain chlorinated chemicals (known as congeners). Concentrated PCBs are either oily liquids or solids and are colourless to light yellow in colour. They have no known smell or taste. There are no known natural sources of PCBs. PCB's are residual contaminants from industrial processes and remain in the soil and on the property for many years unless correctly remediated. Given that industrial property was usually the source or storage of PCB's, it still remains a problem today for real estate agents and brokers as they sell older properties. PCBs were originally used extensively in industry as they are a good insulating material. They have been used widely as coolants and lubricants in transformers, capacitors, and other electrical equipment. The manufacture of PCBs stopped generally around 1977 because of evidence that they build up in the environment and cause harmful health effects. Products containing PCBs are old fluorescent lighting fixtures, electrical appliances containing PCB capacitors, old microscope oil, and hydraulic fluids. During the time that PCBs were manufactured, there were often no effective controls on disposal.
  34. Plant and equipment lists: When selling a commercial property, it is necessary to itemise the plant and the equipment across the property. This would normally be done in conjunction with the building engineer suitably skilled in the process. If your property is complex and large, it is a wise move to get this list creation process underway early.
  35. Registration of plant and equipment: Some plant and equipment within the building is required to be registered with the local authorities. This is generally because that plant and equipment is regarded as a threat to the environment or to the public at large. The most common listings of plant and equipment are storage devices. The authorities like to know what is being stored on the property and where the storage devices are located. It can also be the case that the storage devices are suitably certified and registered the each year for compliance to matters of structural integrity. If any plant and machinery is certified in this regard, you should seek a copy of the latest certificates of registration.
  36. Boundary survey: If the boundary of the property shows irregularity or is not clearly defined, then it is appropriate to get a surveyor to peg the boundary points and provide a plan of the site. Real estate agents and brokers should not give any guarantees as to the locations of the boundary of the property. If the buyer requires this information, then get a surveyor involved for the buyer's satisfaction.
  37. Standby generator: In larger buildings it is common for standby generators to support essential power circuits in the building. This does not mean that full power is supported to the tenants in the event of a power outage. If the building has a standby generator, it is appropriate to ask for clarity on what circuits of energy are supported by the generator. This information should be supplied to tenants in the building and any purchasers of the property. It is likely that the leases for tenants will make reference to the standby generator and the way it operates. If the building operates the standby generator to support 100% building demand by then it is usually tested annually in this regard. Certificates of compliance can be sourced. In large shopping centres it is common for standby generators to supply 100% power for a period of time (usually 30 minutes) in the event of a power outage. This allows the tenants to safely shut down their business and the occupants of the building to be correctly evacuated at the time of the major power outage.
  38. Flooding risks and storm water: The local environment can present flooding risks. This can be identified from the location of local creeks and rivers, the coastline, and the levels and slope of land across the property. When in doubt, seek the assistance of property surveyors to clarify the risk of flooding locally and to the property. If the risk of flooding does exist and is known to all parties, it is necessary to apply restraints on occupancy so that the environment and the property are not damaged. These restraints will be reflected in the leases for the property. In such a situation, you will need to review the leases prior to any sale.
  39. Structural risks: Every constructed property has the potential for structural risks. The older the property, the more likely this is to occur. The exterior facades of buildings are a common culprit here. The purchaser of a building will not want to assume or acquire structural risks, for this reason you will need to get engineers' reports prior to moving to sale if issues are known or have been experienced on the property. It may also be necessary for the landlord to remediate the structural risk prior to marketing a property.
  40. Synthetic mineral fibre: Most particularly this will be the installation or existence of Fibreglass and similar manmade fibres. Whilst this may not necessarily be a risk to the occupants of the building, it should be understood and documented by engineers to the building.
  41. Trade waste: The tenants to the property may very well produce hazardous trade waste as part of their business. If this is the case, you will need to identify the controls and processes that the tenant uses to comply with property usage. Certification and regulation regards the hazardous trade waste will be an ongoing matter to which the tenant must comply. It is likely that the leases to the property will impose restrictions and obligations on the tenant in this regard. When in doubt, read the leases to check what is required of the tenant.
  42. Traffic management: The property could be located on a major or minor road which has restrictions regards traffic access. This can apply to both the time of access and the points of access. If the tenant or the owner of the property requires extensive deliveries, this can be an issue. When in doubt, consult the local planning authority and highways commission for details of access rules and regulations. Also enquire as to the impact of any rights of way and easements which may apply to the subject property.
  43. Underground storage tanks: Whilst we have mentioned this elsewhere, the existence of underground storage tanks is regarded as a hazard to the environment. These tanks are usually certified and regularly inspected. Awareness and disclosure of the tanks existence is imperative.
  44. Vertical transport compliance: In multilevel buildings, vertical transport will be achieved through mechanical lifts or escalators. These mechanical services are regulated as to safety and operation. Annual certification and regular contractor maintenance will ensure compliance. Reference to the contractor involved will allow you to cover this issue and ensure compliance prior to sale.
  45. Building warranties: When a building is newly constructed, or plant and machinery is newly installed, or tenant fitout is newly installed, the works involved will usually have an existing warranty for a period of time. If these warranties exist, they should transfer to the new owner of the building at the time of sale. Your job is to enquire as to the existence of any warranties as you move towards sale.
  46. Zoning of the property and itcompliance: The property will be located in a zone detailed in the local development plans. Importantly, the property and its usage must comply with the zoning. If the property is a non-conforming or illegal usage to the existing zoning, then this should be detailed, advised, and acknowledged by all parties. As to how the contract is designed for such a sale, is up to the solicitors for both parties. In most circumstances of this type, special conditions are constructed which explain the intentions of the parties involved.
##Need More Help?##
John Highman is a prominent investment real estate speaker and coach that helps real estate agents and real estate brokers globally to improve their commercial real estate market share and close more sales and leasing deals. He himself is a successful real estate agent that has specialised in commercial, industrial, and retail real estate of all types for over 30+ years.
Whether you specialise in real estate sales, leasing, or investment, John has the tools that can help you and your office succeed in your market.
Today John Highman gives workshops and keynotes to real estate agents and brokers globally on how to be professionally better than your competition in any market and drive more of the right listings and commissions.
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