Mind The Gaps: What You Can't See Can Cost You

Property Quorum – Thursday 5th June at 10am

This week’s Property Quorum podcast takes a closer look at the silent threats in property deals. These are the crucial pieces of information that do not always show up when and where you need them.

On Thursday 5th June at 10am, Gareth Wax returns as host, joined as always by conveyancing collaborator Hamish McLay, alongside two of our regular contributors: property lawyer Juliet Baboolal and developer-investor Chris Gilsenan. Each brings their perspective on what is missing, why it matters, and what should be done about it.

Because while plenty has changed in the property world, one constant remains. You cannot act on what you cannot see.

We are calling this episode "Mind The Gaps: What You Can’t See Can Cost You" for good reason. Fire risk remains a major blind spot, especially when it comes to what has, or has not, been done to make a building safe. One of the most critical and least understood documents in this space is the Fire Risk Appraisal of External Walls, known as a FRAEW.

These appraisals are typically carried out by fire engineers when there are concerns about cladding, insulation, balconies, or any part of a building’s external wall system that could contribute to fire spread. They form part of the wider fire risk assessment now required under the Fire Safety Act 2021, particularly in blocks with multiple dwellings.

Yet FRAEWs are a bit of a grey zone for many buyers and even professionals, because:
- They are not publicly accessible.
- There is no requirement to lodge them with a central body.
- They can be contradicted by later PAS9980 assessments.
This makes it extremely difficult for conveyancers, brokers, or buyers to get a clear view of a building’s safety status, even when that status has been formally reviewed.

And the problem is not just about fire risk.

Estate charges, unadopted roads, expired warranties, short leases, enforcement actions, and rising insurance premiums are all part of a growing list. These silent threats in property deals are becoming more common, not less. They are not obscure technicalities. They are the worst missing ingredients in transactions, and they often come to light only after completion. By that point, there is no easy fix and someone is left holding the bill.

What makes this especially risky is how uneven the visibility still is. Some information is held by councils. Other key details are with managing agents, developers, insurers, or planning portals. There is no single system to bring it all together before exchange. That is not just inefficient. It is dangerous.

In Thursday’s episode, it would be worth reflecting on why a buyer can still sign a contract without knowing about a £60,000 fire remediation bill. Perhaps we could also consider why a broker might be blindsided by a lease term that fails lender criteria. One might wonder as to what is being done in the background and ask whether it is enough.

Until transparency becomes the standard, due diligence will continue to depend on who asks the right questions, at the right time, and in the right place. And as we all know, that is not a system. It is a gamble.

Property Quorum airs live this Thursday at 10am. Join us as we compare experiences and share what is really happening on the ground. As ever, expect a mix of legal perspective, lived examples, and a few surprising insights into what is still missing from too many property transactions.

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