Severity of defects

The severity of a particular defect or level of damage or decay that affects a building or part
of its construction is typically assessed with regard to an individual or prescriptive standard.
Such a standard will typically take into account a number of issues depending on the type, use
and importance of the affected building.

Severity of the defect

The severity of a particular defect will be judged against the effect that it has, and will have,
on the structure, fabric, services and facilities of the affected building. This may be based on a
pre-defined scale, such as that used to classify cracking in masonry (BRE Digest 251, 1995),
or relate to specific issues associated with the occupancy and use of the building.

In the case of leases, it is breaches of repairing or other covenants, identified by means of an

interim or final/terminal schedule of dilapidations, that form the basis for remedial works. The
standard of such repairs will typically have regard to the age, character and locality of the
premises (Proudfoot v Hart (1890) LR25 2 BD). Establishing whether a defect breaches a
repairing covenant requires there to be actual damage (Calthorpe v McOscar (1924) 1 KV 716
CA); Acre Close Holdings v Silva Court Residents’ Association, unreported, 1996);
deterioration from a previous condition (Credit Suisse v Beegas Nominees Ltd. (1994) 1
EGLR 76; Post Office v Aquarius (1987) 281EG798), anddamageto the subject-matter of the
covenant (Quick v Taff Ely Borough Council (1985) 3 AllE 321).