Compliance

South East Property Surveyors Ltd Terms and Conditions: Homebuyers Surveys

HomeBuyer Survey

This service is delivered in accordance with the Home Survey Standard (1st edition) RICS professional statement (https://www.rics.org/uk/upholding-professional-standards/sector-standards/building-surveying/home-surveys/home-survey-standards/)

Cancellation Policy

If you decide to cancel prior to the inspection being carried out and 7 days after the date of ordering, South East Property Surveyors will be entitled to retain a flat fee of £50 for expenses reasonably incurred.

If you cancel your Survey on the agreed date of the inspection or the Surveyor cannot gain entry to undertake the inspection, you will be charged 25% of the total fee.

If you decided to cancel your Survey, for whatever reason, after the inspection has taken place but before a written report is issued, we will charge a fee equivalent to 80% of the total fee. 

Refunds Policy

Refunds will be given to clients when errors occur at the point of transaction. These instances may include over-charging of credit cards or mistakes at the point of submitting details. We will refund any money received from you using the same method originally used by you to pay for your purchase. Refunds will be processed within 5 days of receiving written notification to cancel.

Restrictions

The service does not include an asbestos inspection and it falls outside The Control of Asbestos Regulations 2012. We will, however, highlight any suspected asbestos that we see.

Data protection

We will retain all files and documents for a reasonable period, which will in any event be not less than 6 years after completion or termination of the service(s). These will be securely stored and available for future inspection, if required, for up to a maximum of 15 years.

Complaints

We operate a complaints-handling procedure in accordance with the RICS codes of conduct, details of which are available upon request. If there is any aspect of our service with which you are not happy (including complaints about our bills), please contact our complaints handling partner, Anthony Kelly.

Referral fees

South East Property Surveyors may provide a referral payment from time to time, either individually or as part of a third-party commercial relationship. 

Terms and conditions

1. The survey takes the form of an appraisal of the main structure, including roofs, walls, floors and finishes both internal and external and is followed by a report expressing an opinion on the condition and standard of construction and recommending the extent of any necessary repairs and significant future maintenance requirements. It should be noted that the appraisal will not include an exhaustive list of every defect, only those deemed to be significant as they affect the subject property.
2. This document sets out the contractual terms upon which the Surveyor will advise the Client by means of a written report as to his or her opinion of the visible condition and state of repair of the Property. The individual carrying out the inspection and providing advice will be an RICS surveyor. The Surveyor will use all of the care and skill to be reasonably expected of an appropriately experienced RICS surveyor.
3. In accordance with these terms the Surveyor will report upon: The main aspects of the Property including assessing the site/location, the design, structural framework, fabric and services, the grounds, boundaries and environmental aspects considered to affect the Property. Any requirements for further investigation arising from the inspection.
4. The Surveyor will send the Report for the sole use of the Client. The Client agrees to keep the Report confidential disclosing its contents only to the Clients legal advisors. In particular (but without limit) the Client must not disclose the whole or any part of the Report to any person (other than a legal advisor) who may intend to rely upon it for the purpose of any transaction, without prior agreement.
5. The Client will pay the agreed fee, any additional fees and any agreed disbursements by the payment date. The Client will be liable for the interest on any late payment at the rate of 8% per annum above the Bank of England base rate current at the date of the relevant fee account.
6. Unless otherwise expressly agreed the Surveyor while preparing the Report will assume that: The property (if for sale) is offered with vacant possession, the Property is connected to the mains services with appropriate rights on a basis that is known and acceptable to the Client and access to the Property is as of right upon terms known and acceptable to the Client.
7. The Surveyor will consider his or her advice carefully but is not required to advise on any matter the significance of which in relation to the Property is not apparent at the time of inspection from the inspection itself. The Surveyor will inspect diligently but is not required to undertake any action which would risk damage to the Property or its contents or injury to him – or herself. The Surveyor will not undertake any structural or other calculations, nor will the Report include an exhaustive list of every defect in the property.
8. The Surveyor will inspect as much of the internal and external surface area of the building as is reasonably practicable but will not inspect those areas which are not reasonably accessible from within the site or adjacent public areas. The Surveyor is not required to move any substantial obstruction to inspection including, but not limited to, furniture insulation and floor coverings. No comment can usually be made on the efficiency of chimneys or the condition of concealed flues.
9. The Surveyor will lift accessible sample loose floorboards and trap doors, if any, which are not covered by furniture, contents, ply or hardboard, fitted carpets or other fixed floor coverings. The Surveyor will not attempt to cut or lift fixed floorboards. The Surveyor will also not attempt to remove securely fixed covers or housings without the express permission of the owner in writing and in advance.
10. The Surveyor will inspect the roof space(s) if there are available hatches which are not more than three metres above the adjacent floor or ground. Where no reasonable access is available, the roof spaces will not be inspected. Similarly, outer surfaces of the roof or adjacent areas will be inspected using binoculars, but will be excluded if they cannot be seen. A drone survey of the roof areas are available upon specific request.
11. The inspection will include boundaries and grounds up to one acre and permanent outbuildings which, unless otherwise agreed in writing, will be reported in general terms. It will not include larger areas of ground or temporary, agricultural or equestrian constructions unless previously agreed in writing or equipment with a specific leisure purpose, including, without limit, swimming pools or tennis courts, nor specialist services such as burglar and fire alarm systems, lifts and the like.
12. The Surveyor will carry out a visual inspection of the main service installations (electric, gas, water, drainage) where accessible. Drainage inspection covers will be lifted where they are accessible and it is safe and practicable to do so. No tests of the service installations will be carried out, although general overall comments will be made where possible and practicable. Specialist testing of all service installations is, in any event, always recommended prior to legal commitment to purchase.
13. Particular noise and disturbance affecting the property will only be noted if it is significant at the time of inspection or if specific investigation has been agreed between the Surveyor and the Client and confirmed in writing. The Surveyor will report on any obvious health and safety hazards to the extent that they are apparent from elements of the Property considered as part of the inspection.
14. The external roof surface and upper reaches will be inspected from ground level. Flat, single storey roofs will be assessed with the aid of a ladder, not exceeding 10ft (3 metres), where safe to do so. Long ladders will not be employed. With regard to inspection of roof spaces in flats, these will be inspected only where there is direct access from the flat itself unless there is a readily removable access hatch from the common parts and arrangements have been made by the purchaser for access to the top floor flat to an access hatch. If a separate visit is necessary an additional charge will be made. The inspection will also exclude outer surfaces of the roof if they cannot readily be seen.
15. Unless otherwise expressly stated in the Report, the Surveyor will assume that no deleterious or hazardous materials or techniques have been used in the construction of the Property. However, the Surveyor will advise in the Report if, in his or her view, there is a likelihood that deleterious material has been used in the construction and specific enquiries should be made or tests should be carried out by a specialist. It is always prudent and recommended for a specialist survey for asbestos to be carried out in all property built pre-2000, prior to a legal commitment to purchase.
16. The surveyor will not necessarily inspect or interpret geological, Ordnance Survey, Radon or other environmental maps nor assess any possible effect on health or report on any underground cables or other phenomena. A specialist environmental search is recommended in these respects prior to a legal commitment to purchase.
17. The Surveyor will not be required to test for the possible existence of noxious substances, landfill or mineral extraction, or other forms of contamination, or the nature of the sub-soil, or the freedom or otherwise of the property from other potentially contaminative features.
18. The Surveyor will be entitled to assume that the Property is not subject to any unusual or onerous restrictions, obligations or covenants which apply to the Property or affect the reasonable enjoyment of the Property. The Surveyor will be entitled to assume that all planning, Building Regulations and other consents required in relation to the Property have been obtained. Any enquiries should be made by the Client or the Client’s legal advisors. Drawings and specifications will not be inspected by the Surveyor unless otherwise previously agreed and for which an additional fee may be charged. The Surveyor will be entitled to assume that the Property is unaffected by any matters which would be revealed by a Local Search and replies to the usual enquiries, or by a Statutory Notice, and that neither the Property, nor its condition, its use or its intended use, is or will be unlawful.
19. Where further reports, exposure and/or tests are advised within the survey, these should be read and considered in conjunction with the main survey report. All such reports, exposure and tests should be obtained and considered prior to purchase commitment with competitive fee quotations obtained also where relevant. No liability for the contents thereof is accepted by South East Property Surveyors Ltd.
20. Unless expressly provided, no term in the agreement between the Surveyor and the Client is enforceable under the Contracts (Rights of Third Parties) Act 1999 by any person other than the Surveyor or the Client. Where the Client has instructed the Surveyor to make investigations which cause damage to the Property on the basis that the Client has obtained the owner’s consent, the Client will indemnify the Surveyor against any loss or cost arising.
21. In the event that the Client has a complaint regarding the standard of service he or she has received, a formal complaints handling procedure is available upon request. Using the Surveyor’s complaints handling procedure will not affect the Client’s legal rights. The Client may only rely upon the Surveyor’s advice and Report for purposes described in the Particulars or communicated to the Surveyor in writing prior to agreement of the Fee and if the Client wishes to rely upon such advice and Report for any other purpose he or she may only do so with the written consent of the Surveyor. The surveyor shall not be responsible for the content of any specialist reports howsoever obtained.