Building Survey – Terms and Conditions
TERMS AND CONDITIONS OF ENGAGEMENT BUILDING SURVEY
The Surveyor will undertake a visual, non-destructive, inspection of so much of the exterior and interior of the property as isaccessible with safety and without undue difficulty. Accordingly, the report will cover all that part of the property, which isvisible whilst standing at the various floor levels. The Surveyor will open trap doors where accessible and possible with safetyand without undue difficulty. However he/she will be under no obligation to raise floorboards or to inspect those areas of theproperty that are covered, unexposed, or are not readily accessible with safety and without undue difficulty. Therefore,furniture, floor coverings, fixtures and fittings will not be moved.
The inspection will include, subject to reasonable accessibility with safety and without undue difficulty, the roof space(s)without moving insulation material. Inspection of the roof space is confined to details of design and basic construction;individual timbers are not specifically examined although, where defects are observed as part of the general examination, suchdefects will be noted in the report. An electronic damp meter will be used in selected positions. It is not possible to report onthe condition of flues or the presence of flue liners. The report will not advise upon whether or not any chimneys can be used.
This service is broadly equivalent to RICS level three as described in the RICS guidance note: Surveys of ResidentialProperty 3rd Edition.
The outer surfaces of the roofs will be inspected if they can be readily seen from a 3 metre (10ft) ladder, set safely with its feeton the ground, or from any other accessible vantage point to which the Surveyor is entitled to gain access.
Except where the contrary is stated, woodwork, foundations and other parts of the structure which are covered, unexposed orinaccessible, will not be inspected and the Surveyor will be unable to report that such parts of the property are free from rot,beetle or other defects. The report will not purport to express an opinion about or to advise upon the condition of uninspectedparts and should not be taken as making any implied representation or statements about such parts.
The Surveyor has no authority to cause damage to any part of the building in order to further his/her investigation. However,the Surveyor may recommend if he/she considers it advisable to open up and expose parts of the property for a more detailedinspection.
Visual inspections will be made of the services. An assessment of the suitability, method of installation, condition, efficiencyand capacity of any central heating system, boiler or other equipment can only be made by specialist testing. The safety,standard of workmanship, and state of repair of the gas and electrical installations are also outside the scope of this report.
Detailed description of the design, materials and structure of the property will be ignored for the purpose of the Surveyorsreport unless they are pertinent to his/her comments. Comments on garages and other outbuildings are limited to significantdefects only.
The report is provided for the sole use of the named client and is confidential to the client and his/her professional advisersonly. No responsibility is accepted to others. The Surveyor accepts responsibility to the client alone for the stated purposesthat the report will be prepared with the skill, care and diligence reasonably to be expected of a competent Surveyor. Noresponsibility will be accepted to any person other than the client, and any such person relies upon the report at his/her ownrisk.
Clients are strongly advised to obtain competitive quotations from reputable contractors for any works recommended within thereport, prior to exchange of contracts, in order that they are fully aware of their total financial commitment.
The client will pay the agreed fee for the survey.
A copy of our complaints handling procedure is available upon request. We may be required to disclose theReport to RICS Regulation to ensure that RICS professional standards are being maintained.
Liability Cap:will make every effort to ensure that our service meets yourrequirements, but we recognise that occasionally things can go wrong. You shouldunderstand that in order to balance risk fairly between us, we have capped some of our legalliabilities in accordance with RICS recommendations. This means that if we were in breach of contract or a duty of care that we owe to you, themaximum compensation that we should be obliged to pay you would be as follows:
- For a breach of contract or a duty of care relating to a valuation, 10% of ourvaluation of the Property. For example, if we value the Property at £200,000, anydamages you could recover from us would be limited to £20,000.
- For a breach of contract or a duty of care relating to a defect, an amount equivalentto thirty times the fee you have paid for this Service. For example, if you paid £100,our maximum compensation that we are obliged to pay you would be limited to£3,000.There is no limit on our liability where you have a claim against us for death or personalinjury or fraud.
In making the report, the following assumptions will be made:
- That no high alumina cement concrete or calcium chloride additive or other deleterious material was used in the construction of the property. Neither will comment be made on any assumed health risk related to any structural nor cavity fill material which may be covered and unapparent from the inspection or any ground released gasses or other contamination or noxious seepage.
- That the property is not subject to any unusual or especially onerous restrictions, encumbrances or outgoings and that good title can be shown.
- That the property and its value are 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, nor its use, nor its intended use, is or will be unlawful.
- That the inspection of those parts which have not been inspected would neither reveal material defects nor cause the Surveyor to materially alter his/her opinion.