Progress Housing Group / Property Services /
Title: / Fencing Policy /
Ref No: / GRPOLPS14 / Reviewed: / 01/11/2016 / Version: / 2 /

POLICY DOCUMENT

Group Member: / Progress Housing Group /
Service Area: / Property Services /
Document Ref No: / GRPOLPS14 /
Subject Title: / Fencing Policy /
Version: / 2 /
Effective Date: / 01/10/2014 /
Last Reviewed: / 01/11/2016 /
Next Review Date: / 01/11/2019 /
Document Owner: / Head of Contracts Services ＆Operations /
Date of Board Approval: / 30/11/2016 /
  1. INTRODUCTION
  2. This document is intended to provide clarity as to Progress Housing Group Limited’s (PHG) responsibility for carrying out repairs and replacement to the boundary fencing of its housing stock.
  1. SCOPE OF POLICY AND PROCEDURE
  2. This policy and procedure applies to all properties owned by PHG, including general needs, independent living and supported living stock, with the exception of the Lilac properties, which have a separate arrangement.
  3. References to PHG throughout this document are taken to mean Progress Housing Group Limited and its subsidiary companies.
  4. Although this document relates to fencing specifically, should the boundary structure be a wall consideration needs to be given as to whether the Party Wall Act 1996 is to apply before any works are undertaken (other than emergency works). For further guidance please refer to the fact sheet and flow chart provided in appendix 6.
  1. RESPONSIBILITY
  2. PHG Legal Team – Upon receipt of an internal request, responsible for providing legal guidance to other teams within PHG in connection with boundary maintenance responsibilities.
  3. PHG Neighbourhood Management and Property Services Teams – Responsible for the general case management of fencing maintenance, repair or replacement requests regarding PHG general needs and independent living properties. Responsible for assessing and responding to requests received from tenants asking for new fencing to be erected within communal areas.
  4. PHG Supported Living and Property Services Teams - Responsible for the general case management of fencing maintenance, repair or replacement requests regarding PHG supported living properties.
  5. PHG Leasehold and Service Charge and Property Services Teams - Responsible for the general case management of fencing maintenance, repair or replacement requests regarding PHG leasehold properties.
  6. Progress Connect will receive calls from customers and neighbours regarding fence repairs. Ascertain who has repairing responsibility from tenancy and lease documents (requesting guidance from the legal team where necessary), offer advice as to match funding if appropriate. Seek clarification on repairing responsibilities from Neighbourhoods, Supported Living, Leasehold and Service Charge Team. Raise inspection and works orders as required.
  1. POLICY
  2. Unless the responsibility for a fence is clear, fences will be treated as shared between the two properties.
  3. Where there are specific health and safety concerns with regards to boundary fencing works, PHG will consider undertaking the works themselves regardless of responsibility and recharging those responsible for the work where possible.
  4. Where the works are as a result of tenant negligence or damage PHG may recharge the tenant for the cost of the work. The decision to recharge or not will be made by the Housing Officer, Community Housing Officer or Supported Living Housing Officer.
  1. Establishing responsibility for replacing and repairing boundary fencing
  2. Where the boundary fence belongs to PHG general needs or independent living property the responsibility to maintain, repair and replace fences should be defined in the tenancy agreement.
  3. Where the boundary fence belongs to a PHG leaseholder, the responsibility to maintain, repair and replace fences should be defined in the lease.
  4. Where the boundary fence belongs to PHG supported living property the responsibility to maintain, repair and replace fences should be defined in the tenancy agreement.
  5. In any case where the responsibility for maintaining the boundary (including fencing) is unclear or disputed then an information request should be submitted to the legal team who will conduct investigations into the legal title to establish boundary responsibilities for the property. Thereafter, they will provide the appropriate team with the legal options available to them in order to proceed.
  6. The information provided by the Legal Team will include the following information;
  7. Boundary ownership & maintenance responsibilities
  8. Suggested options to resolve where applicable
  9. A plan showing the extent of ownership
  10. A copy of this information will be stored on Documotive by the Legal Team.
  11. Where there are specific issues with planning permissions, highways, covenants etc. the legal team will provide guidance upon receipt of an information request and the matter may need to be outsourced separately.
  12. Upon receipt of this information the operational team involved with ensure a summary of this information is saved to QL – Property Descriptions, the fields to be completed are as follows;
  13. BNDL (Boundary left)
  14. BNDR (Boundary right)
  15. BNDF (Boundary front)
  16. BNDB (Boundary back)
  17. The information should be recorded as follows;
  18. Tenant responsible
  19. PHG responsible
  20. Neighbour responsible
  21. Tenant has joint responsibility with neighbour
  22. PHG has joint responsibility with neighbour
  1. PHG Specifications for fencing
  2. PHG Property Services have created the PHG Standard Fencing Specifications to ensure that the fencing used in PHG communities is consistent in quality and form.
  3. This will be provided to parties undertaking fencing work and is expected to be adhered to.
  1. PROCEDURE
  2. Repair and Replacement of fencing
  3. Receiving a call
  4. When PHG is contacted regarding repairs needed to a boundary fence, Progress Connect will confirm the repairing responsibilities by checking the tenancy agreement, lease and/or boundary information held on Documotive (if available).
  5. If it is unclear as to the repairing responsibility Progress Connect will advise the caller that this matter will be investigated and the customer called back to advise. The caller will be notified that a response can take 10 working days (in a non-emergency situation)
  6. Progress Connect will then raise a query with the Neighbourhoods, Supported Living or Leasehold and Service Charge Teams to confirm repairing responsibilities.
  7. Any vulnerability issues should be logged at this stage, i.e. dangerous dogs.
  8. A series of flow charts are provided at clause 11 of this document in order to summarise the repairing responsibility of the following scenarios;
  9. Request for advice from Legal Team
  10. Fences erected by tenants for their own benefit
  11. Leasehold properties
  12. Shared ownership properties
  13. Tenanted properties
  14. Scheme boundaries and communal fences
  15. Supported living schemes
  16. Generally the boundary responsibilities are as follows:
  17. In the main tenants of New Progress Housing Association Limited are responsible for maintaining their boundary fences as per their tenancy agreement.
  18. In the main tenants of New Fylde Housing Limited with a tenancy agreement post 2011 are responsible for maintaining their boundary fences as per their tenancy agreement.
  19. For those tenants of New Fylde Housing Limited whose tenancy was signed and completed pre-2011 PHG will be responsible for maintaining fences, and also for those tenants who have signed a deed of variation which specifies such.
  20. Where it is established that PHG retains responsibility to maintain, repair and replace the boundary fence, this will be actioned as a responsive repair.
  21. Where it is established that the tenant retains responsibility to maintain, repair and replace the boundary fence, they will be advised of this and made aware of the possibility of being eligible for match funding (see 10).
  22. Improvements to boundary fencing may also be eligible for match funding (see 10).
  23. Where responsibility for repair and replacement of boundary fencing does not sit with PHG and refusal to carry out the works is a breach of tenancy or lease, PHG will take relevant action.
  24. If the Neighbourhoods, Supported Living or Leasehold and Service Charge Teams are unable to confirm repairing responsibilities they will send a web form to the Legal Team requesting advice.
  25. Once the repairing obligations are identified if PHG have repairing responsibilities or repairing responsibilities are not able to be identified Progress Connect will raise an inspection visit for Property Services on Ql.
  26. Once instructed Property Services will action the following:
  27. When the inspector visits the property they will record the details of the existing boundary, including walls, fences and hedges.
  28. If PHG are responsible Property Services will request that Progress Connect raise the appropriate repair on Ql.
  29. If PHG is partly responsible for repairs with a neighbouring property (not owned by PHG) or if the repairing responsibilities are silent with a neighbouring property (not owned by PHG) Property Services will hand deliver a letter to the private owner requesting they provide two quotes for work. A sample of the standard form of letter is attached at appendix 1.
  30. Upon receipt of the quotes Property Services will check the quotes and if satisfied will write to the private owner to agree to their carrying out the works and PHG funding 50% of the cost. A copy of the standard form of the agreement of the quote letter is attached at appendix 2.
  31. Once Property Services are advised that the work is completed they will carry out an inspection to ensure the standard is satisfactory. When this is established Property Services will issue a good will letter to the private owner offering to pay 50% of the costs previously agreed. A copy of the standard form of the goodwill letter is attached at appendix 3.
  32. Once the good will letter is signed and returned Property Services will request a cheque be raised.
  33. If the private owner does not provide the requested quotes the initial request for quotes will be resent.
  34. If the private owner still does not provide the requested quotes Property Services will issue a formal notice letter advising that they intend to undergo the works and re-charge the private owner the relevant proportion of such costs, as well as advising whether access to the private owner’s land is required for such works. A copy of the standard form of notice is attached at appendix 4.
  35. When the work is completed Property Services will request an invoice is raised and sent to the private owner for payment.
  36. If the private owner requests a quote from Property Services to carry out the repair work a quote will be issued. A copy of the standard form of letter for providing the quote is provided at appendix 5.
  37. Should PHG cause any damage to the neighbouring land then this will be made good at PHGs expense.
  1. Erecting new fences
  2. Tenants who wish to erect new fencing must request permission from PHG to put fencing in place where none is currently in place. PHG will consider the request on a case by case basis.
  3. Upon receiving an information request the legal team will provide details of the boundary and Property Services will advise on where the fencing is to be installed i.e. on the correct boundary line.
  4. Tenants will be advised in writing of their responsibility for future maintenance and replacement.
  1. Tenant Improvement and Match Funding
  2. The tenant match funding scheme is designed to help tenants improve their homes. It provides an opportunity for tenants to receive 50%, with a maximum of £500 contribution from PHG, to help fund home improvement works subject to certain conditions. Refer to PHG Tenant Improvement and Match Funding Policy for more details.
  1. DIY Repairs Scheme
  2. The DIY Repairs scheme is designed to provide an incentive to tenants to carry out defined repairs to their home. Refer to PHG DIY Repairs Scheme Policy for more details.
  1. Flow Charts

  1. Void Works
  2. PHG will undertake repair or replacement works to fencing when the property is void according to the PHG Lettable Standards, which state that;
  3. Boundaries should be marked by fencing, wall, hedges or bushes unless the property shares communal gardens.
  4. Broken or sagging fencing will be repaired where possible or replaced.
  5. Where garden gates are present, these should open and close with functioning mechanisms.
  6. Broken gates will be repaired where possible or replaced.
  7. Where the reason for works to be carried out is due to a lack of maintenance, depending on the previous tenant’s tenancy agreement, the cost of the work will be recharged to the outgoing tenant.
  8. Where the works are due to reasonable wear and tear PHG accepts the cost of this work.
  9. Where an the neighbouring property is not in the ownership of PHG, PHG will request that the property owner undertakes the work unless during the voids process the Voids Team can gain permission to carry out the fencing repairs.
  10. In these cases PHG Property Services will ask the property owner provide at least two quotes for the fencing work, based on PHG Standard Fencing Specifications. The amount offered as the 50% contribution to the work will be half of one of the quotes, as appropriate.
  11. ENVIRONMENTAL WORKS
  12. Each year an environmental budget is provided to enable environmental works to be carried out. As part of this budget and through ongoing assessment and consultation with tenants, fencing works may be identified for the year.
  13. REVIEW
  14. This policy will be reviewed every three years, unless changes to legislation or working practices necessitate a sooner review.
  1. EQUALITY IMPACT ASSESSMENT
  2. We welcome feedback on this procedure and the way it operates. We are interested to know any possible or actual adverse impact that this procedure may have on groups in respect of gender, marital status, race, disability, sexual orientation, religion or belief, age or other characteristic.

Appendix 1

Our reference: Ref ???/FXXXX NPHAFencingWorksRequesting2Quotes (NPHA Property: No. X)

Date (format - 1 January 2012)

Name

Address 1

Address 2

Address 3

Postcode

Dear

Re: Replacement of X fence panel at REAR/FRONT of No. X

- (Progress’ property: No. )

I am writing following the receipt of the above information from Progress Housing Group Limited’s(“Progress”) Inspector, [name of inspector]. This has been logged as number FX.

I understand that the fence panel above is in need of replacement and [name of inspector] has instructed me to request that if you are able to obtain 2 quotations for this replacement fencing, Progress would be prepared to offer up to 50% contribution towards the repair. This is subject to Progressagreeing to one of the quotes you send us or to an independent quote obtained by ourselves. Should any offer be made by Progress this will always be subject to the completion of the works, a copy of the receipt for the works and the subsequent approval of the workmanship by one of our Inspectors.

Please note the following conditions are our standard requirements with respect to the fencing:

If you are going to arrange to install the fencing this is what we would expect installed as they are more robust and easy to obtain if anything goes wrong in the near future:-

- Fence panels to be close boarded, not larch lap panels,

- Concrete base panel / kick board,

- Concrete ' H ' section (up-right posts bedded in concrete).

If you are going to arrange to replace the fencing panel could I please also request that you obtain independent quotations from fencing contractors (i.e. not from friends/family).

I would be very grateful if you could send us the quotations for our consideration and once these have been received, we will write to you again to update you on this matter.

In the meantime, should you have any queries, then please do not hesitate to contact myself directly on[insert phone number].

Assuring you of our best intentions at all times.

Yours sincerely

[name]

[title]

Tel: [phone number]

Email: [email address]

Appendix 2

Our reference: ???/FXXXX NPHAFencingWorksAgreedToQuote (NPHA Property: No. X)

Date (format - 1 January 2012)

Name

Address 1

Address 2

Address 3

Postcode

Dear

Re:Fencing repair between No. X and No. X STREET NAME

(Progress’ property is No. X)

I am writing following the receipt of the quotations from x.

I wish to advise you that Progress Housing Group Limited (“Progress”)have agreed to the quote from x (copy attached), and are prepared to offer a 50% contribution towards this cost, which amounts to £X subject to:

  • the completion of the works;
  • a copy of the receipt for the works;
  • approval of the completed workmanship by one of our Inspectors.

If you are going to arrange to install the fencing this is what we would expect installed as they are more robust and easy to obtain if anything goes wrong in the near future:-

- Fence panels to be Close boarded, not larch lap panels

- Concrete base panel / kick board

- Concrete ' H ' section up right posts bedded in concrete

Please could you therefore inform us when this repair has been completed and we can then arrange for an Inspector from Progress to check the workmanship. As our inspectors can get booked up a couple of weeks in advance, you can ask us to provisionally book the inspection visit in advance if you are sure of the completion date for your fencing.

Following the inspectors visit, if the Inspector feels that the works have been carried out to a satisfactory standard, he will let Progress know. We will then send you a letter to confirm this and in the same letter offer the monies again and ask who the cheque should be made payable to. We need you to sign the form and state who to pay the cheque to and send it back to us before a cheque can be issued. Please note, it can take up to 2 weeks for the cheque to be sent from the date we receive your signed form.