Building Survey

1.         The Report is provided for the sole use of the named Client and is confidential to the Client and his professional advisers. The Surveyor accepts responsibility to the Client alone for the stated purposes of the Report which will be prepared, with the skill, care and diligence reasonably to be expected of a competent Chartered Surveyor, but no responsibility whatsoever is accepted to any person other than the Client himself. Any such person relies upon the Report at entirely their own risk.

2.         Neither the whole nor any part of the document or any reference thereto may be included in any published document circular or statement nor published in any way without the Surveyor's written approval of the form and the context in which it may appear.

3.         The Client shall pay to the Surveyor the agreed fee for the Report. In addition, the Client will reimburse the Surveyor the cost of all reasonable out of pocket expenses which he may incur and pay the amount of any Value Added Tax on the fee and expenses.

4.         In making the Report, the following assumptions will be made by the Surveyor (and these are therefore matters for which no responsibility can be accepted by the Surveyor):

                             I.      that no deleterious material was used in the construction of the Property or has since been incorporated (including high alumina cement concrete or calcium chloride additive) ;

                            II.      that the Property is not subject to any unusual or especially onerous restrictions, encumbrances or outgoings and that good title can be shown;

                          III.      that the Property and its value are unaffected by any matters which would be revealed by a local search or replies to the usual enquiries, or by any statutory notice and that neither the Property nor its condition, not its use, nor its intended use is or will be unlawful;

                          IV.      that inspection of those parts which have not been inspected would neither reveal material defects nor cause the Surveyor to alter the advice given in the Report materially.

5.        The Surveyor will provide his opinion of the state of repair and condition of the Property specified. The Surveyor will not provide a market value of the Property unless expressly agreed prior to carrying out the survey.

6.        The Surveyor will not be responsible for arranging the testing of services (water, electricity, gas, oil, drainage, plumbing, hot water and central heating installations) unless specifically instructed to do so. In regard to the services the Surveyor is not an expert; comments made regarding the service installations are intended as general comments only. Only by inspection and testing by an engineer appropriately qualified in the relevant discipline can the condition of the services and their compliance with current regulations be confirmed.

7.        If the service installations are disconnected, switched off or drained down at the time of inspection they will not be connected, switched on or charged with water for the purposes of the inspection unless previously arranged and undertaken by an appropriately qualified engineer of operative commissioned by the owner of the property or the Client.

8.        It is possible that the Report will suggest further investigation works to be carried out by a specialist firm, e.g. structural engineer, timber specialist, damp specialist, drainage engineer or electrical engineer. On no account will liability be accepted if a purchaser proceeds without obtaining and acting upon the relevant further advice.

9.        It is possible that the Report will suggest further investigation works to be carried out by a specialist firm, e.g. structural engineer, timber specialist, damp specialist, drainage engineer or electrical engineer. On no account will liability be accepted if a purchaser proceeds without obtaining and acting upon the relevant further advice.

10.     The Report will not purport to express an opinion about or to advise upon the condition of uninspected parts and should not be taken as making any implied representation or statements about such parts.

11.     The Surveyor will carry out such work with the skill, care and diligence reasonably to be expected of a competent Chartered Surveyor, bearing in mind the limitation of the inspection. Fitted or fixed carpets will not be lifted or cupboards emptied or heavy furniture moved unless specifically requested or agreed.

12.     The Surveyor will inspect as much of the surface area as is practicable and will lift loose floorboards and trap doors where accessible but he will be under no obligation to raise fixed floorboards or to inspect those areas of the Property that are covered, unexposed or are not reasonably accessible. Inspection will therefore exclude the roof space, if there is no reasonably accessible roof hatch or if the roof hatch is sealed, screwed down or fixed and the outer surfaces of the roof if they cannot be readily seen. Similarly, inaccessible flat roofs over 3 metres (10 feet) above ground will not be inspected.

13.     Except where the contrary is stated parts of the structure and the woodwork which are covered, unexposed or inaccessible will not be inspected. Within roof spaces where access is possible, the Surveyor will be under no obligation to report on the condition of the roof and ceiling timbers which are covered by insulation or similar materials or when stored household effects significantly restrict or obstruct inspection.

14.     Without specific written instructions, the Surveyor will not report on the condition of leisure buildings, swimming pools, ponds, watercourses and special apparatus.

15.     Where the Property being inspected is a flat or part of a larger building, the inspection will be restricted to that flat or part. Other parts of the building will only be inspected at the Surveyor's discretion or where there is visual evidence that they may involve the owner of the subject Property in substantial maintenance costs.

16.     The Report shall provide information as to the overall condition of the Property in relation to the quality of the structure and not as an inventory of every single defect which might insignificantly affect the ultimate value.

17.     Regulations affecting all building types are subject to periodic, sometimes frequent, amendment. The subject Property should not be expected to meet all current Regulations unless it is new. As a general rule, the Regulations affecting buildings are not retrospective. The Report will not list all contraventions of current Regulations except where it is considered failure to comply with the Regulations has resulted in a risk to health, safety or structural stability.

18.     This firm operates a Complaints Handling Procedure in accordance with the RICS requirements and a copy of the firms Complaints Procedure is available upon request.

 

Homebuyers Report & Valuation

 

Description of the Homebuyer Service

The Service

The HOMEBUYER Service comprises:

·     an Inspection of the Property (Section B below);

·     a concise Report based on the Inspection (Section C)

·     the Valuation, which is part of the Report (Section D)

The Surveyor's main objectives in the HOMEBUYER Service are to give Clients considering buying a particular Property the professional advice which will assist them:

·     to make a reasoned and informed judgement on whether or not to proceed with the purchase;

·     to assess at what price it would be reasonable to purchase the Property;

·     to be clear what decisions and actions should be taken before contracts are exchanged; in Scotland to be clear about what decisions and actions should be taken before an offer is concluded.

The HOMEBUYER Service therefore covers the general condition of the Property and particular features which affect its present value and may affect its future resale. The Report focuses on matters which the Surveyor judges to be urgent and/or significant.

Significant matters are defined as matters which could reasonably be expected in negotiations over price to be reflected in the amount finally agreed.

 

The Inspection

The Inspection is a general surface examination of those parts of the Property which are accessible. Accessible is defined as, visible and readily available for examination from ground and floor levels, without risk of causing damage to the Property or injury to the Surveyor.

Due care is therefore exercised throughout the Inspection regarding safety, practicality and the restraints of being a visitor to the Property (which may be occupied). So furniture, floor coverings and other contents are not moved or lifted; and no part is forced or laid open to make it accessible.

The services are inspected (except, in the case of flats for drainage, lifts and security systems), but the Surveyor does not test or assess the efficiency of electrical, gas, plumbing, heating or drainage installations, or compliance with current regulations, or the internal condition of any chimney, boiler or other flue. Also the Surveyor does not research the presence (or possible consequences) of contamination by any harmful substance. However, if a problem is suspected in any of these areas, advice is given on what action should be taken.

Where necessary, parts of the Inspection are made from adjoining public property. Equipment such as a damp meter, binoculars and torch maybe used. A ladder is used for hatches and for flat roofs not more than three metres above ground level. Leisure facilities and non-permanent outbuildings (e.g. pools and timber sheds) are noted but not examined.

FLATS: In the case of flats, exterior surfaces of the building containing the Property, as well as its access areas, are examined in order to assess their general condition; roof spaces are inspected if there is a hatch within the flat. In Scotland, communal areas within the building are examined and accessible roof spaces inspected.

The Surveyor will not carry out an asbestos inspection, and will not be acting as an asbestos inspector in completing an inspection of properties that may fall within the Control of Asbestos in the Workplace Regulations 2002. In the case of flats it will be assumed that there is a duty holder, as defined in the Regulations, and that a Register of Asbestos and effective Management Plan is in place, which does not require any immediate expenditure, or pose a significant risk to health. No enquiry of the duty holder will be made.

 

The Report

The Report provides the Surveyor's opinion of those matters which are urgent and/or significant and need action or evaluation by the Client before contracts are exchanged or an offer to purchase is made. The Report includes the following:

·        urgent repairs (e.g. gas leak; defective chimney stacks) - for which the Client should take the action advised where appropriate;

·        significant matters requiring further investigation (e.g. suspected substance) - for which the Client should obtain (and may have to pay for) reports and quotations from suitable contractors;

·        significant (but not urgent) repairs and renewals (e.g. new covering for flat roof before long);

·        other significant considerations (e.g. a potential source of inconvenience) which the Surveyor wishes to draw to the attention of the Client;

·        matters identified during the Inspection (e.g. a possible right of way) which the Client should instruct the Legal Advisers to include in their inquiries.

Matters assessed as not urgent or not significant are outside the scope of the HOMEBUYER Service and are generally not reported. However, other matters which may be of concern are reported where the Surveyor judges this to be helpful and constructive. If a part or area normally examined is found to be inaccessible during the Inspection, this is reported; if a problem is suspected advice is given on what action should be taken.

Matters assessed as not urgent or not significant are outside the scope of the HOMEBUYER Service and are generally not reported. However, other matters which may be of concern are reported where the Surveyor judges this to be helpful and constructive. If a part or area normally examined is found to be inaccessible during the Inspection, this is reported; if a problem is suspected advice is given on what action should be taken.

The Valuation and Reinstatement Cost

The last section of the Report contains the Surveyor's opinion both of the Market A value of the Property and of the Reinstatement Cost, as defined below.

"Market Value" is the estimated amount for which a Property should exchange on the date of Valuation between a willing buyer and a willing seller in an arms-length transaction after proper marketing wherein the parties had each acted knowledgeably, prudently and without compulsion.

In arriving at the opinion of the Market Value, the Surveyor also makes various assumptions covering, for example: vacant possession; tenure and other legal considerations; contamination and hazardous materials; the condition of an inspected parts; the right to use mains services; and the exclusion of curtains, carpets, etc from the Valuation. (If needed, the Surveyor can provide details.) Any additional assumption, or any found not to apply, is reported.

FLATS: in the case of flats, the following further assumptions are made:

·        that there are rights of access and ex it over all communal roadways, corridors, stairways, etc and to use the communal grounds, parking areas and other facilities;

·        that there are no particularly troublesome or unusual legal restrictions;

·        that there is no current dispute between the occupiers of the flats, or any outstanding claims or lawsuits; and

that the costs of repairs to the building are shared among the tenants (in Scotland the co-proprietors) of an equitable basis.

"Reinstatement Cost" is an estimate for insurance purposes of the current cost of rebuilding the Property in its present form, unless otherwise stated. This includes the cost of rebuilding the garage, boundaries/retaining walls, permanent outbuildings, site clearance and professional fees, but excludes VAT (except on fees).

 

Standard Terms of Engagement

The Service. The standard Homebuyer Survey & Valuation Service ("the Service") laid out in the preceding Description of the Homebuyer Service ("the Description") applies unless an Addition to the Service is agreed in writing before the Inspection. (An example of such an Addition is reporting upon parts which are not ordinarily inspected, such as the opening of all windows.)

The Surveyor who provides the Service will be a Member of the Royal Institution of Chartered Surveyors, who is competent to survey, value and report upon the Property which is the subject of these Terms.

Before the Inspection. The Client will inform the Surveyor if there is already an agreed, or proposed, price for the Property; and if there are any particular concerns (such as plans for extension) which the Client may have about the Property.

Terms of payment. The Client agrees to pay the fee and any other charges agreed in writing.

Cancellation. The Client will be entitled to cancel this contract by notifying the Surveyor's office at any time before the day of the Inspection. The Surveyor will not proceed with the provision of the Service (and will so report promptly to the Client) if, after arriving at the Property, he or she concludes:

a)      that it is of a type of construction of which he or she has insufficient specialist knowledge to be able to provide the Service satisfactorily; or

b)     that it would be in the typical Clients best interests to be provided with a Building Survey, plus Valuation, rather than the Homebuyer Service.

In case of cancellation, the Surveyor will refund any money paid by the Client for the Service, except for expenses reasonably incurred. In the case of cancellation by the Surveyor, the reason will be explained to the Client.

Liability. The Report provided is solely for the use of the Client and the Clients professional advisers, and no liability to anyone else is accepted. It may not be provided to anyone else.

Complaints handling procedure. A copy of the Surveyor's complaints handling procedure is available on request.

Please Note: these Standard Terms of Engagement form part of the Contract between the Surveyor and the Client.