Dilapidations Protocol in force from April

After a 10-year gestation period, the Dilapidations Protocol was formally adopted in January and comes into effect on 6 April.

The introduction of the Civil Procedure Rules and the concept of pre-action protocols set the scene for the first edition of the Dilapidations Protocol. This was introduced by the Property Litigation Association (PLA) in spring 2002 and the RICS quickly endorsed it as best practice. A second version was issued in 2006 and was replaced by a third in May 2008. In 2009, the protocol was passed to the Civil Justice Council (CJC), which in turn recommended its adoption to the Master of the Rolls. Since 2009, the PLA and RICS have been liaising with the CJC and the Rule Committee about the precise wording of the protocol, which has finally been approved.

The protocol, as adopted, is a lot shorter than earlier versions and a number of changes have been made to make it easier to use and understand. There has been considerable discussion over the question of costs and whether or not this should be dealt with by the protocol. All parties involved in the drafting finally agreed that this is an issue that should be dealt with by the trial judge who will take everything into account and make a decision: it is not appropriate for protocols to be prescriptive on the issue of costs.

Anyone working in the dilapidations sector should familiarise themselves with the new protocol and make sure they understand the changes and their implications. The RICS has also been working on a new version of its Guidance Note for Dilapidations in England and Wales. The draft Guidance Note was put out for general consultation during 2011 and is due to be published as soon as possible after the Dilapidations Protocol.

For more information contact Ian Laurie, Associate at Watts Group PLC, on 0161 831 6180, or visit the Property Litigation Association website at www.pla.org.uk