RICS Home Survey – Level 3 service and terms of engagement
We Medical Legal Appointments Ltd t/a Certain Surveyors, 16 Eaton Avenue, Matrix Park, Chorley, PR7 7NA, Company number: 02548131 refer to your instructions received requiring us to procure a RICS Home Survey Report on the Subject Property. We have provided further information in the separate Order Confirmation which relate to these Terms of Engagement. We accept the instructions only on the basis that the scope, purpose, and conditions of the report are as set out in the Order Confirmation and these Terms of Engagement.
Subject Property
As specified in the Order Confirmation.
The Client
As specified in the Order Confirmation.
The Surveyor
The Surveyor is to be a MRICS or FRICS member of the RICS, who has the skills, knowledge, and experience and who has been instructed by us to inspect, and report on the Property.
The name and details of the Surveyor will be as specified in the Order Confirmation.
Brief Description of the Property
As specified in the Order Confirmation.
Date of Survey
The inspection date, unless agreed otherwise.
Purpose of Survey
As specified in the Order Confirmation.
Currency
British Pound Sterling
The Service
The RICS Home Survey – Level 3 service includes:
- a thorough inspection of the property (see The inspection below) and
- a detailed report based on the inspection (see The report below).
The surveyor who provides the RICS Home Survey – Level 3 service aims to give you professional advice to help you to:
- help you make a reasoned and informed decision when purchasing the property, or when planning for repairs, maintenance or upgrading the property
- provide detailed advice on condition
- describe the identifiable risk of potential or hidden defects
- propose the most probable cause(s) of the defects based on the inspection and where practicable and agreed, provide an estimate of costs and likely
- timescale for identified repairs and necessary work.
Any extra services provided that are not covered by the terms and conditions of this service must be covered by a separate contract.
The inspection
The surveyor inspects the inside and outside of the main building and all permanent outbuildings, recording the construction and significant visible defects that are evident. This inspection is intended to cover as much of the property as is physically accessible. Where this is not possible, an explanation is provided in the ‘Limitations on the inspection’ box in the relevant section of the report.
The surveyor does not force or open up the fabric of the building without occupier/owner consent, or if there is a risk of causing personal injury or damage. This includes taking up fitted carpets and fitted floor coverings or floorboards; moving heavy furniture; removing the contents of cupboards, roof spaces, etc. removing secured panels and/or hatches; or undoing electrical fittings.
The surveyor will enter the roof space and visually inspect the roof structure but will not move or lift insulation material, stored goods or other contents.
If necessary, the surveyor carries out parts of the inspection when standing at ground level, from adjoining public property where accessible. This means the extent of the inspection will depend on a range of individual circumstances at the time of inspection, and the surveyor judges each case on an individual basis.
The surveyor uses equipment such as a damp meter, binoculars and torch, and uses a ladder for flat roofs and for hatches no more than 3m above level ground (outside) or floor surfaces (inside) if it is safe to do so.
If it is safe and reasonable to do so, the surveyor will enter the roof space and visually inspect the roof structure with attention paid to those parts vulnerable to deterioration and damage. However, the surveyor does not move or lift insulation material, stored goods or other contents.
The surveyor also carries out a desk-top study and makes oral enquiries for information about matters affecting the property.
Services to the Property
Services are generally hidden within the construction of the property. This means that only the visible parts of the available services can be inspected, and the surveyor does not carry out specialist tests. The visual inspection cannot assess the efficiency or safety of electrical, gas or other energy sources, plumbing, heating or drainage installations (or whether they meet current regulations); or the inside condition of any chimney, boiler or other flue.
Outside the Property
The surveyor inspects the condition of boundary walls, fences, permanent outbuildings and areas in common (shared) use. To inspect these areas, the surveyor walks around the grounds and any neighbouring public property where access can be obtained. Where there are restrictions to access (e.g. a creeper plant prevents closer inspection), these are reported and advice is given on any potential underlying risks that may require further investigation.
Buildings with swimming pools and sports facilities are also treated as permanent outbuildings and are therefore inspected, but the surveyor does not report on the leisure facilities, such as the pool itself and its equipment internally or externally, landscaping and other facilities (for example, tennis courts and temporary outbuildings).
Flats
When inspecting flats, the surveyor assesses the general condition of the outside surfaces of the building, as well as its access areas (for example, shared hallways and staircases that lead directly to the subject flat) and roof spaces, but only if they are accessible from within and owned by the subject flat. The surveyor also inspects (within the identifiable boundary of the subject flat) drains, lifts, fire alarms and security systems, although the surveyor does not carry out any specialist tests other than their normal operation in everyday use.
External wall systems are not inspected. If the surveyor has specific concerns about these items, further investigation will be recommended before making a legal commitment to purchase.
Dangerous materials, contamination and environmental issues
The surveyor makes enquiries about contamination or other environmental dangers. If the surveyor suspects a problem, they recommend a further investigation.
The surveyor may assume that no harmful or dangerous materials have been used in the
construction, and does not have a duty to justify making this assumption. However, if the inspection shows that such materials have been used, the surveyor must report this and ask for further instructions.
The surveyor does not carry out an asbestos inspection and does not act as an asbestos inspector when inspecting properties that may fall within The Control of Asbestos Regulations 2012 (‘CAR 2012’). However, the report should properly emphasise the suspected presence of asbestos containing materials if the inspection identifies that possibility.
With flats, the surveyor assumes that there is a ‘dutyholder’ (as defined in CAR 2012), and that there is an asbestos register and an effective management plan in place, which does not present a significant risk to health or need any immediate payment. The surveyor does not consult the dutyholder.
The Report
The surveyor produces a report of the inspection results for you to use, but cannot accept any liability if it is used by anyone else. If you decide not to act on the advice in the report, you do this at your own risk. The report is aimed at providing you with a detailed understanding of the condition of the property to allow you to make an informed decision on serious or urgent repairs, and on the maintenance of a wide range of reported issues.
Condition ratings
The surveyor gives condition ratings to the main parts (the ‘elements’) of the main building, garage and some outside elements. The condition ratings are described as follows:
R – Documents you should request before you sign contracts.
Condition rating 3 – Defects that are serious and/or need to be repaired, replaced or
investigated urgently. Failure to do so could risk serious safety issues or severe long-term damage to your property. Written quotations for repairs should be obtained prior to legal commitment to purchase.
Condition rating 2 – Defects that need repairing or replacing, but are not considered
to be either serious or urgent. The property must be maintained in the normal way.
Condition rating 1 – No repair is currently needed. The property must be maintained
in the normal way.
NI – Elements not inspected.
The surveyor notes in the report if it was not possible to check any parts of the property that the inspection would normally cover. If the surveyor is concerned about these parts, the report will tell you so.
Energy
The surveyor has not prepared the Energy Performance Certificate (EPC) as part of the RICS Home Survey – Level 3 service for the property. Where the EPC has not been made available by others, the surveyor will obtain the most recent certificate from the appropriate central registry where practicable. If the surveyor has seen the current EPC, they will review and state the relevant energy efficiency rating in this report. Where possible and appropriate, the surveyor will include additional commentary on energyrelated matters for the property as a whole in the energy efficiency section of the report, but this is not a formal energy assessment of the building. Checks will be made for any obvious discrepancies between the EPC and the subject property, and the implications will be explained to you. As part of the Home Survey – Level 3 Service, the surveyor will advise on the appropriateness of any energy improvements
recommended by the EPC.
Issues for legal advisers
The surveyor does not act as a legal adviser and does not comment on any legal documents. If, during the inspection, the surveyor identifies issues that your legal advisers may need to investigate further, the surveyor may refer to these in the report (for example, to state you should check whether there is a warranty covering replacement windows).
Risks
This section summarises defects and issues that present a risk to the building or grounds, or a safety risk to people. These may have been reported and condition rated against more than one part of the property, or may be of a more general nature. They may have existed for some time and cannot be reasonably changed. If the property is leasehold, the surveyor gives you general advice and details of questions you should ask your legal advisers. The RICS Home
Survey – Level 3 report will identify risks, explain the nature of the problems and explain how the client may resolve or reduce the risk.
If the property is leasehold, the surveyor gives you general advice and details of questions you should ask your legal advisers.
Standard terms of engagement
1 The service – The surveyor provides the standard RICS Home Survey – Level 3 service described in this section, unless you agree with the surveyor in writing before the inspection that the surveyor will provide extra services. Any extra service will require separate terms of engagement to be entered into with the surveyor. Examples of extra services include:
- schedules of works
- supervision of works
- re-inspection
- detailed specific issue reports and
- market valuation and reinstatement costs, and
- negotiation.
2 The surveyor – The service will be provided by a MRICS or FRICS member of the Royal Institution of Chartered Surveyors (RICS) who has the skills, knowledge and experience to survey and report on the property.
3 Before the inspection – Before the inspection, you should tell us if there is already an agreed or proposed price for the property, and if you have any particular concerns about the property (such as a crack noted above the bathroom window or any plans for extension).
4 Terms of payment – You agree to pay the surveyor’s fee and any other charges agreed in writing as detailed in the order confirmation. The fee is payable at the time of Certain Surveyors being engaged to perform the service. Please note that such fee will not be treated by RICS as Client money and will not be subject to the protection of the RICS Client Money Protection Scheme.
5 Cancelling this contract – You should seek advice on your obligations under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (‘the Regulations’) and/or the Consumer Rights Act 2015, in accordance with section 2.6 of the current edition of the Home survey standard RICS professional statement.
6 Liability – The report is provided for your use, and the surveyor cannot accept responsibility if it is used, or relied upon, by anyone else.
Special Assumption/s
The service provided will not incorporate any special assumptions. Where a special assumption is deemed to be necessary, this will be agreed with the client on a property specific basis in advance of the report being issued.
Information Sources
The Surveyor shall, unless otherwise expressly agreed, rely upon information provided to him/her by the Client or the Client’s legal or other professional advisers relating to the tenure, tenancies, and other relevant matters. It is the responsibility of the Client to ensure this information is accurate and to advise the Surveyor if it is not.
Information used in the research and preparation of this Report will be obtained from various other sources including the seller/existing owner/s of the Property, restricted and publicly accessed databases, and websites relating to registered property sales, marketing history and other relevant information as well as the office records of the Surveyor/Valuer’s’ Firm.
Liability Cap
Our aggregate liability arising out of or in connection with this service, whether arising from negligence, breach of contract or any cause whatsoever, shall in no event exceed 15% of the purchase price or £25,000 (whichever is lower). We will not be responsible for the first £2,000 of any claim. This clause shall not exclude liability for death or personal injury caused by our negligence.
No liability is accepted to any third party for the whole or any part of the Report’s contents. Certain Surveyors accepts responsibility to the Client/s alone that the Report will be prepared with the skill, care, and diligence reasonably to be expected of a competent chartered surveyor, but accepts no responsibility whatsoever to any parties other than the Clients. Any such parties rely upon the Report at their own risk.
Liability will not be extended to any other party except on the basis of written and agreed instructions; this will include an additional fee. The terms of the agreement between the parties are not enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999.
Proportionate Liability
If you suffer loss as a result of our breach of contract or negligence, our liability shall be limited to a just and equitable proportion of your loss having regard to the extent of responsibility of any other party. Our liability shall not increase by reason of a shortfall in recovery from any other party, whether that shortfall arises from an agreement between you and them, your difficulty in enforcement, or any other cause.
Jurisdiction
English law shall apply in every respect in relation to the service and the agreement shall be governed by English law. In the event of any dispute arising in connection with The Report or The Valuation, including any third party using The Report and/or Valuation, the parties will submit to the jurisdiction of the English courts only. Any dispute shall be subject to The Chartered Building Surveying Firm’s Complaints Handling Procedure.
Confidentiality
The Report will be provided for the stated purpose and for the sole use of the named Client/s. It will be confidential to the Clients and the Clients’ professional advisers for the stated purpose for which it has been provided.
Publication & Report Content
Neither the whole or any part of the Report nor any reference to it may be included in any published document, circular or statement nor published in any way without Certain Surveyors’ written approval of the form and context in which it may appear.
Force Majeure
Whilst every reasonable effort will be made to carry out the inspection at the date/time agreed, we cannot be held liable for any losses caused by matters outside our control, such as, but not exclusively: Surveyor illness; traffic/vehicle delay/breakdown; extreme weather conditions; or vendor unavailability.
Complaints handling procedure
The surveyor will have a complaints handling procedure and will give you a copy if you ask. The surveyor is required to provide you with contact details, in writing, for their complaints department or the person responsible for dealing with client complaints. Where the surveyor is party to a redress scheme, those details should also be provided. If any of this information is not provided, please notify the surveyor and ask for it to be supplied.
ACCEPTANCE OF TERM OF ENGAGEMENT
I have read, understand and accept the service, the terms set out above and the conditions below.
I authorise Certain Surveyors to immediately commence work on the report, and I accept that once the report has been provided to me, I will lose my right to cancel during the 14-day ‘cooling off’ period (as provided by The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013).
I accept that if I exercise my right to cancel after Certain Surveyors has commenced work on the report, but before the report has been completed, I may be entitled to a partial reduction or refund. I understand that no refund would be payable if the cancellation was received after 3pm on the day preceding the appointment to inspect (as provided by The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013).
I accept that Certain Surveyors may, in some instances, pay or receive a referral fee from a third party in connection with this transaction.
I authorise Certain Surveys to process my personal data in accordance with these terms and its privacy policy.
enquiries@certainsurveyors.co.uk
0333 032 7272
6th Floor, 1 Tithebarn St, Liverpool, L1 2NZ