Privacy Policy/Terms & Conditions
Home Survey Scotland Ltd is committed to protecting your provided personal information. This Privacy Policy relates to our use of information that you provide to us. In providing you with our services, we are required to collect personal information about you. This Privacy Policy explains:
· What information Home Survey Scotland Ltd will collect about you.
· How Home Survey Scotland Ltd will use the collected personal information.
· When Home Survey Scotland Ltd will contact you.
· Your choices regarding the personal information that you have provided to us.
In providing us with your personal information, Home Survey Scotland Ltd is obliged to use your information in accordance with all relevant data protection laws.
Home Survey Scotland Ltd however, does not accept any responsibility or liability for the privacy practices of any third parties.
Collected personal information will take the form of name, email, address, telephone and mobile number(s).
Home Survey Scotland Ltd will use collected personal information for the following:
· For service administration purposes, where Home Survey Scotland Ltd may contact you for any service that you have commissioned from us.
· To contact you about participating in providing any feedback comments that you may wish to provide to us about our level of service, for display on our ‘Testimonials’ page of our website.
Collected personal information will not be disclosed except where it be the case that this is required by law.
You have the right to request a copy of the collected personal information that Home Survey Scotland Ltd holds about you, under the relevant data protection laws. Requests of this nature should be emailed to account@homesurveyscotland.com. We will use reasonable efforts to supply, correct or delete personal information about you on our files, (where applicable).
This Privacy Policy is anticipated to be updated, with the most recent version, displayed on our website.
Home Report
Single Survey Terms and Conditions (With MVR)
1. GENERAL
1.1. THE SURVEYORS
The Seller has engaged the Surveyors (Home Survey Scotland Ltd) to provide the Single Survey Report and a generic Mortgage Valuation Report for Lending Purposes. The Seller has also engaged the Surveyors to provide an Energy Report in the format prescribed by the accredited Energy Company.
The Surveyors are authorised to provide a transcript or re-type of the generic Mortgage Valuation Report on to Lender specific pro-forma (where applicable). Transcript reports are commonly requested by Brokers and Lenders. The transcript report will be in the format required by the Lender but will contain the same information, inspection date and valuation figure as the generic Mortgage Valuation Report and the Single Survey. The Surveyors will decline any transcript request which requires the provision of information additional to the information in the Report and the generic Mortgage Valuation Report until the Seller has conditionally accepted an offer to purchase made in writing.
Once the Seller has conditionally accepted an offer to purchase made in writing, the Purchaser’s lender or conveyancer may request that the Surveyors provide general comment on standard appropriate supplementary documentation. In the event of a significant amount of documentation being provided to the Surveyors, an additional fee may be incurred by the Purchaser. Any additional fee will be agreed in writing.
If information is provided to the Surveyors during the conveyancing process which materially affects the valuation stated in the Report and generic Mortgage Valuation Report, the Surveyors reserve the right to reconsider the valuation. Where the Surveyors require to amend the valuation in consequence of such information, they will issue an amended Report and generic Mortgage Valuation Report to the Seller. It is the responsibility of the Seller to ensure that the amended Report and generic Mortgage Valuation Report are transmitted to every prospective Purchaser.
The individual Surveyor will be a member of the Royal Institution of Chartered Surveyors who is competent to survey, value and report upon Residential Property. (Which shall be in accordance with the current RICS Valuation Standards (The Red Book) and RICS Rules of Conduct.)
If the Surveyors have had a previous business relationship within the past two years with the Seller or Seller’s Agent or relative to the property, they will be obliged to indicate this within the report by ticking the relevant box.
The Surveyors have a written complaints handling procedure. This is available from the offices of the Surveyors at the address stated.
1.2. THE REPORT
The Surveyors will not provide an amended Report on the Property, except to correct factual inaccuracies.
The Report will identify the nature and source of information relied upon in its preparation.
The Surveyor shall provide a Market Value of the Property, unless the condition of the Property is such that it would be inappropriate to do so. A final decision on whether a loan will be granted rests with the Lender who may impose retentions in line with their lending criteria. The date of condition and value of the property will be the date of inspection.
To-date, Purchasers have normally obtained their own report from their chosen Surveyor. By contrast, a Single Survey is instructed by the Seller and made available to all potential Purchasers in expectation that the successful Purchaser will have relied upon it. The Royal Institution of Chartered Surveyors rules require disclosure of any potential conflict of interest when acting for the Seller and the Purchaser in the same transaction. The Single Survey may give rise to a conflict of interest and if this is of concern to any party they are advised to seek their own independent advice.
The report and any expressions or assessments in it are not intended as advice to the Seller or Purchaser or any other person in relation to an asking price or any other sales or marketing decisions. The Report is based solely on the Property and is not to be relied upon in any manner whatsoever when considering the valuation or condition of any other property.
If certain minor matters are mentioned in the Report it should not be assumed that the Property is free of other minor defects.
Neither the whole nor any part of the Report may be published in any way, reproduced or distributed by any party other than the Seller, prospective purchasers and the Purchaser and their respective professional advisors without the prior written consent of the Surveyors.
1.3. LIABILITY
The Report is prepared with the skill and care reasonably to be expected of a competent residential surveyor who is a member of the Royal Institution of Chartered Surveyors.
The Report is addressed to the Seller and was prepared in the expectation that it (or a complete copy) along with these Terms and Conditions (or a complete copy) would (or, as the case might be, would have been) be disclosed and delivered to:
the Seller
any person(s) noting an interest in purchasing the Property from the Seller
any person(s) who make(s) (or on whose behalf is made) an offer to purchase the Property, whether or not that offer is accepted by the Seller
the Purchaser; and
the professional advisors of any of these.
These Terms and Conditions are incorporated in, and form part of, the Report.
The Surveyors acknowledge that their duty of skill and care in relation to the Report is owed to the Seller and to the Purchaser. The Surveyors accept no responsibility or liability whatsoever in relation to the Report to persons other than the Seller and the Purchaser. The Seller and Purchaser should be aware that if a Lender seeks to rely on this Report they do so at their own risk. In particular, the Surveyors accept no responsibility or liability whatsoever to any Lender in relation to the Report. Any such Lender relies upon the Report entirely at their own risk.
1.4. GENERIC MORTGAGE VALUATION REPORT
The Surveyors undertake to the Seller that they will prepare a generic Mortgage Valuation Report, which will be issued along with the Single Survey. It is the responsibility of the Seller to ensure that the generic Mortgage Valuation Report is provided to every potential Purchaser, and the Surveyors have no responsibility or liability in this respect.
1.5. TRANSCRIPT MORTGAGE VALUATION FOR LENDING PURPOSES
The Surveyors undertake that on being asked to do so by a prospective purchaser, or his/her professional advisor or Lender, they will prepare a Transcript Mortgage Valuation Report for Lending Purposes on terms and conditions to be agreed between the Surveyors and Lender and solely for the use of the Lender and upon which the Lender may rely. The decision as to whether finance will be provided is entirely a matter for the Lender. The Transcript Mortgage Valuation Report will be prepared from information contained in the Report and the generic Mortgage Valuation Report. (Which shall be in accordance with the current RICS Appraisal and Valuation Standards (The Red Book) and RICS Rules of Conduct).
1.6. INTELLECTUAL PROPERTY
All intellectual property rights whatsoever (including copyright) in and to the Report, excluding the headings and rubrics, are the exclusive property of the Surveyors and shall remain their exclusive property unless they assign the same to any other party in writing.
1.7. PAYMENT
The Surveyors are entitled to refrain from delivering the Report to anyone until the fee and other charges for it notified to the Seller have been paid. Additional fees will be charged for subsequent inspections and Reports, (including replacements).
1.8. CANCELLATION
The Seller will be entitled to cancel the inspection by notifying the Surveyor’s office at any time before the day of the inspection.
The Surveyor will be entitled not to proceed with the inspection (and will so report promptly to the Seller) if after arriving at the property, the Surveyor concludes that it is of a type of construction of which the Surveyor has insufficient specialist knowledge to be able to provide the inspection satisfactorily. The Surveyor will also be entitled not to proceed if after arriving at the property, the Surveyor concludes that the property is exempt under Part 3 of The Housing (Scotland) Act 2006 as detailed in the (Prescribed Documents) Regulations 2008. If there is a potential threat to their health or personal safety, the inspection may be postponed or cancelled at the Surveyor’s discretion.
In the case of cancellation or the inspection not proceeding, the Surveyor will refund any fees paid by the Seller for the inspection and Report, except for expenses reasonably incurred and any fee due in light of the final paragraph of this section.
In the case of cancellation by the Seller on the day of the inspection, the Surveyors reserve the right to raise an Invoice in respect of any expenses incurred by the Surveyors.
In the case of cancellation by the Seller, for whatsoever reason, after the inspection has taken place but before a written report is issued, the Surveyor will be entitled to raise an Invoice equivalent to 80% of the agreed fee.
1.9. PRECEDENCE
If there is any incompatibility between these Terms and Conditions and the Report, these Terms and Conditions take precedence.
1.10. DEFINITIONS
The “Lender” is the party who has provided or intends or proposes to provide financial assistance to the Purchaser towards the purchase of the Property and in whose favour a standard security will be granted over the Property.
The “Transcript Mortgage Valuation Report for Lending Purposes” means a separate report, prepared by the Surveyor, prepared from information in the Report and the generic Mortgage Valuation Report, but in a style and format required by the Lender. The Transcript Mortgage Valuation Report for Lending Purposes will be prepared with the skill and care reasonably to be expected from a surveyor who is a member of the Royal Institution of Chartered Surveyors and who is competent to survey, value and report on the Property.
The “Generic Mortgage Valuation Report” means a separate report, prepared by the Surveyor from information in the Report but in the Surveyor’s own format.
The “Market Value” is the estimated amount for which the Property should exchange, on the date of valuation, between a willing seller and a willing buyer in an arm’s length transaction after proper marketing where the parties had each acted knowledgeably, prudently and without compulsion.
The “Property” is the property which forms the subject of the Report.
The “Purchaser” is the person (or persons) who enters into a contract to buy the Property from the Seller.
A “Prospective Purchaser” is anyone considering buying the Property.
The “Report” is the report, of the kind described in Part 2 of these Terms and Conditions and in the form set out in Part 1 of Schedule 1 of the Housing (Scotland) Act 2006 (Prescribed Documents) Regulations 2008.
The “Seller” is/are the proprietor(s) of the Property.
The “Surveyor” is the author of the Report on the Property; and
The “Surveyors” are the firm of company of which the Surveyor is an employee, director, member or partner (unless the Surveyor is not an employee, director, member or partner, when the “Surveyors” means the Surveyor) whose details are set out at the head of the Report.
The “Energy Report” is the advice given by the accredited Energy Company, based on information collected by the Surveyor during the Inspection, and also includes an Energy Performance Certificate, in a Government approved format.
2 - DESCRIPTION OF THE REPORT
2.1. THE SERVICE
The Single Survey is a Report by an Independent Surveyor, prepared in an objective way regarding the condition and value of the Property on the day of the inspection, and who is a member of the Royal Institution of Chartered Surveyors. It includes an Energy Report as required by Statute and this is in the format of the accredited Energy Company. In addition, the Surveyor has agreed to supply a generic Mortgage Valuation Report.
2.2. THE INSPECTION
The Inspection is a general surface examination of those parts of the Property which are accessible: in other words, visible and readily available for examination from ground and floor levels, without risk of causing damage to the Property or injury to the Surveyor.
All references to visual inspection refer to an inspection from within the property at floor level and from ground level within the site and adjoining public areas, without the need to move any obstructions. Any references to left or right are taken facing the front of the property.
The Inspection is carried out with the Seller’s permission, without causing damage to the building or contents. Furniture, stored items and insulation are not moved.
Unless identified in the report the Surveyor will assume that no harmful or hazardous materials have been used in the construction. The presence or possible consequences of any site contamination will not be researched.
The Surveyor will not carry out an asbestos inspection and will not be acting as an asbestos inspector in completing a Single Survey of properties that may fall within the Control of Asbestos in the Workplace Regulations. 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 expenditure, or pose a significant risk to health. No enquiry of the duty holder will be made.
2.3. THE REPORT
The Report will be prepared by the Surveyor who carried out the property inspection and will describe various aspects of the property as defined by the headings of the Single Survey report with the comments being general and unbiased. The report on the location, style and condition of the property will be concise and will be restricted to matters that could have a material effect upon value and will omit items that, in the Surveyor’s opinion, are not significant. If certain minor matters are mentioned, it should not be interpreted that the property is free of any other minor defects.
Throughout the report the following repair categories will be used to give an overall opinion of the state of repair and condition of the property:
1. Category 3: Urgent repairs or replacement are needed now. Failure to deal with them may cause problems to other parts of the property or cause a safety hazard. Estimates for repairs or replacement are needed now.
2. Category 2: Repairs or replacement requiring future attention, but estimates are still advised.
3. Category 1: No immediate action or repair is needed.
WARNING:
If left unattended, even for a relatively short period, Category 2 repairs can rapidly develop into more serious Category 3 repairs. The existence of Category 2 or Category 3 repairs may have an adverse effect on marketability, value and the sale price ultimately achieved for the property. This is particularly true during slow market conditions when the effect can be considerable.
Parts of the property which cannot be seen or accessed will not be reported upon and this will be stated. If the Surveyor suspects that a defect may exist within an unexposed area and which could have a material effect upon the value, he may recommend further investigation by specialist contractors.
2.4. SERVICES
Surveyors are not equipped or qualified to test the services and therefore no comment can be interpreted as implying that the design, installation and function of the services are in accordance/compliance with regulations, safety and efficiency expectations. However, comment is made where there is cause to suspect significant defects or shortcomings with the installations. No tests are made of any services or appliances.
2.5. ACCESSIBILITY
A section is included to help identify the basic information interested parties need to know to decide whether to view a property.
2.6. ENERGY REPORT
A section is included that makes provision for an Energy Report, relative to the property. The Surveyor will collect physical data from the property and provide such data in a format required by an accredited Energy Company. The Surveyor cannot of course accept liability for any advice given by the Energy Company.
2.7. VALUATION & CONVEYANCER ISSUES
The last section of the Report contains matters considered relevant to the Conveyancer (Solicitor). It also contains the Surveyor’s opinion both of the market value of the property and of the re-instatement cost, as defined below.
“Market Value” is the estimated amount for which a property should exchange on the date of valuation within a willing buyer and willing seller in an arms-length transaction after proper marketing wherein the parties have each acted knowledgably, prudently and without compulsion. In arriving at the opinion of the Market Value the Surveyor also makes various standard assumptions covering, for example, vacant possession; tenure and other legal considerations; contamination and hazardous materials; the condition of uninspected parts; the right to use mains services; and the exclusion of curtains, carpets etc. from the valuation. In the case of flats, the following further assumptions are made that:
There are rights of access and exit over all communal roadways, corridors, stairways etc. and to use communal grounds, parking areas, and other facilities.
There are no particularly troublesome or unusual legal restrictions.
There is no current dispute between the occupiers of the flats or any outstanding claims or losses; and the costs of repairs to the building are shared among the co-proprietors on an equitable basis.
Any additional assumption, or any found not to apply, is reported.
“Re-instatement 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 and permanent outbuildings, site clearance and professional fees, but excludes VAT (except on the fees).
Sellers or prospective Purchasers may consider it prudent to instruct a re-inspection and revaluation after a period of 12 weeks (or sooner if appropriate) to reflect changing circumstances in the market and/or in the physical condition of the Property.
*It is assumed that any relevant Local Authority consents, warrants and completion certificates have been obtained where construction or alteration works have been undertaken. Legal advice should be obtained from the solicitors acting.
**In providing a Generic Mortgage Valuation Report, we cannot guarantee that the Lender (if mortgage finance is being sought) will utilise the Generic Mortgage Valuation Report as provided by Home Survey Scotland Ltd. The suitability of the provided Generic Mortgage Valuation Report for mortgage purposes should be assessed against the policy of the Lender, prior to conclusion of a sale.
Lender & Panel Appointment Instructions
Instructions gained from our panel appointments with ‘Lenders’ will be subject to the Terms and Conditions, specific to the instructing party/Lender, at the time of instruction.
Energy Performance Certificates (EPCs) Terms and Conditions
We provide Energy Performance Certificates (EPCs) under our accreditation with Elmhurst Energy to provide residential EPCs. Elmhurst Energy Systems Limited have their own Standard Terms and Conditions for Supply of Services which can be found at www.elmhurstenergy.co.uk.
RICS Home Survey Reports, Terms and Conditions
Description of the RICS Home Survey – Level 1
The service
The RICS Home Survey – Level 1 service includes:
• a physical inspection of the property (see The inspection below) and
• a report based on the inspection (see The report below).
The surveyor who provides the RICS Home Survey – Level 1 service aims to:
• describe the part or element in enough detail so that it can be properly identified
• provide a clear and concise expression of the surveyor’s professional assessment of each part or element
• describe the condition of the part or element that justifies the surveyor’s assessment and
• help you gain an objective view of the condition of the property.
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. This includes taking up fitted carpets, 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 not remove secured access panels and/or lift insulation material, stored goods or other contents. The surveyor will visually inspect the parts of the roof structure and other features that can be seen from the access hatch.
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.
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. It also does not investigate the plumbing, heating or drainage installations (or whether they meet current regulations); or the internal 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 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 and 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 and communal 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 exclusively owned by the subject flat. The surveyor does not inspect drains, lifts, fire alarms and security systems.
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 does not make any enquiries about contamination or other environmental dangers. If the surveyor suspects a problem, they should recommend 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 an 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 the issues reported.
The RICS Home Survey – Level 1 report does not include advice on repairs or ongoing maintenance issues.
Where the surveyor is unable to reach a conclusion with reasonable confidence, a recommendation for further investigation should be made.
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 we may suggest you 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 tells you about any further investigations that are needed.
Energy
The surveyor has not prepared the Energy Performance Certificate (EPC) as part of the RICS Home Survey – Level 1 service for the property. Where the EPC has not been made available by others, the most recent certificate will be obtained 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.
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).
This report has been prepared by a surveyor merely in their capacity as an employee or agent of a firm, company or other business entity (‘the Company’). The report is the product of the Company, not of the individual surveyor. All of the statements and opinions contained in this report are expressed entirely on behalf of the Company, which accepts sole responsibility for them. For their part, the individual surveyor assumes no personal financial responsibility or liability in respect of the report, and no reliance or inference to the contrary should be drawn.
In the case of sole practitioners, the surveyor may sign the report in their own name, unless the surveyor operates as a sole trader limited liability company.
Nothing in this report excludes or limits liability for death or personal injury (including disease and impairment of mental condition) resulting from negligence.
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. The RICS Home Survey – Level 1 report will identify and list the risks, but give no further explanation.
Standard terms of engagement
1. The service – the surveyor provides the standard RICS Home Survey – Level 1 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:
o costing of repairs
o schedules of works
o supervision of works
o re-inspection
o detailed specific issue reports and
o market valuation and reinstatement costs
2. The surveyor – The service will be provided by an AssocRICS, 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 our fee and any other charges agreed in writing.
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.
Note: These terms form part of the contract between you and the surveyor.
This report is for use in the UK.
Complaints handling procedure
The surveyor will have a complaints handling procedure and will give you a copy if you ask for it. 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.
Description of the RICS Home Survey – Level 2 (survey only)
The service
The RICS Home Survey – Level 2 (survey only) service includes:
• a physical inspection of the property (see The inspection below) and
• a report based on the inspection (see The report below).
The surveyor who provides the RICS Home Survey – Level 2 (survey only) service aims to give you professional advice to:
• make an informed decision on whether to go ahead with buying the property
• take into account any repairs or replacements the property needs, and
• consider what further advice you should take before committing to purchasing the property.
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. This includes taking up fitted carpets, 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.
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. Although 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. It also does not investigate the plumbing, heating or drainage installations (or whether they meet current regulations); or the internal 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 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 and 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 exclusively owned by the subject flat. The surveyor does not inspect drains, lifts, fire alarms and security systems.
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 does not make any enquiries about contamination or other environmental dangers. However, if the surveyor suspects a problem, they should recommend 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 objectively describes the condition of the elements and provides an assessment of the relative importance of the defects/problems. Although it is concise, the RICS Home Survey – Level 2 (survey only) does include advice about repairs or any ongoing maintenance issues. Where the surveyor is unable to reach a conclusion with reasonable confidence, a recommendation for further investigation should be made.
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 we may suggest you 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 tells you about any further investigations that are needed.
Energy
The surveyor has not prepared the Energy Performance Certificate (EPC) as part of the RICS Home Survey – Level 2 (survey only) service for the property. Where the EPC has not been made available by others, the most recent certificate will be obtained 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. In addition, as part of the RICS Home Survey – Level 2 (survey only) service, checks are made for any obvious discrepancies between the EPC and the subject property, and the implications are explained to you.
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).
This report has been prepared by a surveyor merely in their capacity as an employee or agent of a firm, company or other business entity (‘the Company’). The report is the product of the Company, not of the individual surveyor. All of the statements and opinions contained in this report are expressed entirely on behalf of the Company, which accepts sole responsibility for them. For their part, the individual surveyor assumes no personal financial responsibility or liability in respect of the report, and no reliance or inference to the contrary should be drawn.
In the case of sole practitioners, the surveyor may sign the report in their own name, unless the surveyor operates as a sole trader limited liability company.
Nothing in this report excludes or limits liability for death or personal injury (including disease and impairment of mental condition) resulting from negligence.
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 2 (survey only) report will identify and list the risks, and explain the nature of these problems.
Standard terms of engagement
1. The service – the surveyor provides the standard RICS Home Survey – Level 2 (survey only) 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:
o costing of repairs
o schedules of works
o supervision of works
o re-inspection
o detailed specific issue reports and
o market valuation and reinstatement costs.
2. The surveyor – The service will be provided by an AssocRICS, 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 our fee and any other charges agreed in writing.
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.
Note: These terms form part of the contract between you and the surveyor.
This report is for use in the UK.
Complaints handling procedure
The surveyor will have a complaints handling procedure and will give you a copy if you ask for it. 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.
Description of the RICS Home Survey – Level 2 (survey and valuation)
The service
The RICS Home Survey – Level 2 (survey and valuation) service includes:
• a physical inspection of the property (see The inspection below)
• a report based on the inspection (see The report below) and
• a valuation, which is part of the report (see The valuation below).
The surveyor who provides the RICS Home Survey – Level 2 (survey and valuation service aims to give you professional advice to help you to:
• make an informed decision on whether to go ahead with buying the property
• make an informed decision on what is a reasonable price to pay for the property
• take into account any repairs or replacements the property needs, and
• consider what further advice you should take before committing to purchasing property.
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. This includes taking up fitted carpets, 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.
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. Although 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 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 and 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 exclusively owned by the subject flat. The surveyor does not inspect drains, lifts, fire alarms and security systems.
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. Until these investigations are completed, the surveyor may not be able to provide you with a market valuation figure.
Dangerous materials, contamination and environmental issues
The surveyor does not make any enquiries about contamination or other environmental dangers. However, if the surveyor suspects a problem, they should recommend 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 focuses on matters that, in the surveyor’s opinion, may affect the value of the property if they are not addressed. The report objectively describes the condition of the elements and provides an assessment of the relative importance of the defects/problems. Although it is concise, the RICS Home Survey – Level 2 (survey and valuation) does include advice about repairs or any ongoing maintenance issues. Where the surveyor is unable to reach a conclusion with reasonable confidence, a recommendation for further investigation should be made.
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 we may suggest you 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 tells you about any further investigations that are needed.
Energy
The surveyor has not prepared the Energy Performance Certificate (EPC) as part of the RICS Home Survey – Level 2 (survey and valuation) service for the property. Where the EPC has not been made available by others, the most recent certificate will be obtained 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. In addition, as part of the RICS Home Survey – Level 2 (survey and valuation) service, checks are made for any obvious discrepancies between the EPC and the subject property, and the implications are explained to you.
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).
This report has been prepared by a surveyor merely in their capacity as an employee or agent of a firm, company or other business entity (‘the Company’). The report is the product of the Company, not of the individual surveyor. All of the statements and opinions contained in this report are expressed entirely on behalf of the Company, which accepts sole responsibility for them. For their part, the individual surveyor assumes no personal financial responsibility or liability in respect of the report, and no reliance or inference to the contrary should be drawn.
In the case of sole practitioners, the surveyor may sign the report in their own name, unless the surveyor operates as a sole trader limited liability company.
Nothing in this report excludes or limits liability for death or personal injury (including disease and impairment of mental condition) resulting from negligence.
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 2 (survey and valuation) report will identify and list the risks, and explain the nature of these problems.
The valuation
The surveyor gives an opinion on both the market value of the property and the reinstatement cost at the time of the inspection (see Reinstatement cost below).
Market value
Market value is the estimated amount for which an asset or liability should exchange on the valuation date between a willing buyer and a willing seller in an arm’s length transaction, after proper marketing wherein the parties had each acted knowledgeably, prudently and without compulsion.
When deciding on the market value, the surveyor also makes the following assumptions.
The materials, construction, services, fixtures and fittings, and so on
The surveyor assumes that:
• an inspection of those parts that have not yet been inspected would not identify significant defects
• no dangerous or damaging materials or building techniques have been used in the property
• there is no contamination in or from the ground, and the ground has not been used as landfill
• the property is connected to, and has the right to use, the mains services mentioned in the report and
• the valuation does not take into account any furnishings, removable fittings and sales incentives of any description.
Legal matters
The surveyor assumes that:
• the property is sold with ‘vacant possession’ (your legal advisers can give you more information on this term)
• the condition of the property, or the purpose that the property is or will be used for, does not break any laws
• no particularly troublesome or unusual restrictions apply to the property, the property is not affected by problems that would be revealed by the usual legal enquiries, and all necessary planning and Building Regulations permissions (including permission to make alterations) have been obtained and any works undertaken comply with such permissions, and the property has the right to use the mains services on normal terms, and the sewers, mains services and roads giving access to the property have been ‘adopted’ (that is, they are under local authority, not private, control).
The surveyor reports any more assumptions that have been made or found not to apply. If the property is leasehold, the general advice referred to earlier explains what other assumptions the surveyor has made.
Reinstatement cost
Reinstatement cost is the cost of rebuilding an average home of the type and style inspected to its existing standard, using modern materials and techniques, and by acting in line with current Building Regulations and other legal requirements.
This includes the cost of rebuilding any garage, boundary or retaining walls and permanent outbuildings, and clearing the site. It also includes professional fees, but does not include VAT (except on fees).
The reinstatement cost helps you decide on the amount of buildings insurance cover you will need for the property.
Standard terms of engagement
1. The service – the surveyor provides the standard RICS Home Survey – Level 2 (survey and valuation) 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:
o costing of repairs
o schedules of works
o supervision of works
o re-inspection
o detailed specific issue reports and
o market valuation (after repairs).
2. The surveyor – The service will be provided by an AssocRICS, 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. Where the surveyor is also providing a valuation of the property, they have the skills, knowledge and experience to provide such a valuation, and are a member of the RICS Valuer Registration scheme.
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 our fee and any other charges agreed in writing.
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.
Note: These terms form part of the contract between you and the surveyor.
This report is for use in the UK.
Complaints handling procedure
The surveyor will have a complaints handling procedure and will give you a copy if you ask for it. 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.
Description of the RICS Home Survey – Level 3
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 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 carefully and thoroughly inspects the inside and outside of the main building and all permanent outbuildings, recording the construction and 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.
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. Although thermal insulation is not moved, small corners should be lifted so its thickness and type, and the nature of underlying ceiling can be identified (if the surveyor considers it safe to do). The surveyor does not move 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. It also does not investigate the plumbing, heating or drainage installations (or whether they meet current regulations); or the internal 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 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 and 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 and communal 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 or exclusively owned by the subject flat or communal areas. 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 prior to 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 the regulations), 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 we may suggest you 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 tells you about any further investigations that are needed.
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 energy-related 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 advisors
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).
This report has been prepared by a surveyor merely in their capacity as an employee or agent of a firm, company or other business entity (‘the Company’). The report is the product of the Company, not of the individual surveyor. All of the statements and opinions contained in this report are expressed entirely on behalf of the Company, which accepts sole responsibility for them. For their part, the individual surveyor assumes no personal financial responsibility or liability in respect of the report, and no reliance or inference to the contrary should be drawn.
In the case of sole practitioners, the surveyor may sign the report in their own name, unless the surveyor operates as a sole trader limited liability company.
Nothing in this report excludes or limits liability for death or personal injury (including disease and impairment of mental condition) resulting from negligence.
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. 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:
o schedules of works
o supervision of works
o re-inspection
o detailed specific issue reports and
o market valuation and reinstatement cost, and
o negotiation.
2. The surveyor – The service will be provided by an AssocRICS, 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). This period forms an important part of the relationship between you and the surveyor. The surveyor will use reasonable endeavours to contact you to discuss your particular concerns regarding the property, and explain (where necessary) the extent and/or limitations of the inspection and report. The surveyor also carries out a desktop study to understand the property better.
4. Terms of payment – You agree to pay our fee and any other charges agreed in writing.
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.
Note: These terms form part of the contract between you and the surveyor.
This report is for use in the UK.
Complaints handling procedure
The surveyor will have a complaints handling procedure and will give you a copy if you ask for it. 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.
Property Valuation Terms and Conditions
1. General conditions
1.1 These terms and conditions apply to the services to be provided by Home Survey Scotland Ltd, (the Surveyors) in accordance with the instructions received from the Client, as named in the email and/or letter of engagement. Both the email and/or letter of engagement and these Terms and Conditions, form the basis of the contract between Home Survey Scotland Ltd (the Surveyors) and the Client.
1.2 Subject to express agreement to the contrary and any agreed amendments/additions, the terms on which the Surveyors will undertake the Survey are set out below.
1.3 None of the Company’s employees or directors individually has a contract with the Client or owes the Client a duty of care or personal responsibility. The Client agrees that they will not bring any claim against any such individuals personally, in connection with the supplied valuation or report.
1.4 Should the Client suffer any loss because of any breach of contract or negligence on the part of Home Survey Scotland Ltd, our liability shall be limited to a just and equitable proportion of that 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 the Client and them or the Client’s difficulty in enforcement of any other cause.
1.5 Home Survey Scotland Ltd will, unless otherwise expressly agreed, rely upon information provided by the Client, the Client’s legal or other professional advisers of the seller/landlord (where appropriate) relating to tenure, tenancies and other relevant matters.
1.6 We will process your personal data in accordance with the law for the purpose of providing services to you.
1.7 Should the Surveyor be unable to access any part of the property due to circumstances outwith their control then a £100 re-inspection fee will apply should you wish those parts of the property to be included in the Report.
1.8 The service does not include an asbestos inspection and falls outside of The Control of Asbestos Regulations 2012.
1.9 Our inspection will be carried out in accordance with RICS practice guidelines where safe and practical to so, however, no items of furniture or ornaments will be moved by the Surveyor.
2. Fees
2.1 The Client will pay Home Survey Scotland Ltd the agreed fee, as per our email and/or letter of engagement, for the Report (which is inclusive of VAT) and any expressly agreed disbursements. By paying the fee you agree to these terms and conditions.
2.2 The report will not be issued until the required fee has been paid in full.
2.3 Fees taken in advance are not deemed ‘client money’ and are not subject to the RICS client money protection scheme.
2.4 The required fee may be paid, either by the Client individually or by way of a third-party commercial relationship.
2.5 If the instruction has come from a Lender or Panel then clause 2 in its entirety, does not apply.
2.6 All required fees should be made payable to the business bank account of Home Survey Scotland Ltd, available on request.
3. The materials, construction, services, fixtures and fittings
3.1 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 their view, there is a likelihood that high alumina cement (HAC) concrete has been used in the construction and that, in such cases, specific enquiries should be made or tests carried out by a specialist.
3.2 Where readily visible, lead water supply pipes and areas with potential asbestos content will be noted. Independent specialist advice will be required in the remediation of any identified issue(s) as noted above.
3.3 The Surveyor will advise if there are electrical transformer/sub-stations or overhead power lines which might give rise to an electro-magnetic field, either over the subject property or visible immediately adjacent to the property, but the Surveyor cannot assess any possible effect on health. The Surveyor cannot report on any underground cables, services or transport provision/situations, not readily visible on the date of inspection.
3.4 The Surveyor will not carry out an asbestos inspection and will not act as an asbestos inspector when inspecting properties that may fall within the Control of Asbestos Regulations 2006. With flats, the Surveyor will assume that there is a duty holder (as defined in the regulations), and that an asbestos register and an effective management plan is in place which does not need any immediate payment or present a significant risk to health. The Surveyor will not consult the duty holder.
3.5 The Surveyor will assume that an inspection of those parts which have not yet been inspected would not reveal significant defects or cause the Surveyor to alter their valuation.
3.6 The valuation does not take account of any furnishings, removable fixtures or fittings and sales incentives of any description.
3.7 The Surveyors will assume that;
Mains services and the roads giving access to the property have been adopted;
That in the case of a new property for which the construction has not been completed, the construction will be satisfactorily completed; and
That in the case of a newly constructed property, the builder is a registered member of the NHBC (or equivalent) and has registered the subject property in accordance with the scheme concerned; and
That where the property is part of a building comprising flats or maisonettes, unless instructed or otherwise aware to the contrary, the cost of repairs and maintenance to the building and grounds are shared proportionately between all the flats and maisonettes forming part of the block, and that there are no onerous liabilities outstanding.
4. Contamination
4.1 The Surveyors will not comment upon the existence of contamination as this can only be established by appropriate specialists. Where, from their local knowledge or the inspection, the Surveyor considers that contamination might be a problem, they will advise as to the importance of obtaining a report from an appropriate specialist.
5. Consents, approvals and searches
5.1 The Surveyors will assume that:
the property is not subject to any unusual or onerous restrictions or covenants which apply to the structure or affect the reasonable enjoyment of the property.
all bye-laws, Building Regulations and other consents required have been obtained. In the cases of new buildings, and alterations and extensions which require statutory consents or approvals, the Surveyor will not verify whether such consents have been obtained. Any enquiries should be made by the Client or their legal advisers. Drawings and specifications will not be inspected by the individual Surveyor.
the property is unaffected by any matters which would be revealed by a Property Enquiry Certificate 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.
the property is sold on the basis of ‘vacant possession’.
the condition of the property, or the purpose that the property is, or will be, used for does not contravene any governing laws;
5.2 The Surveyor will report any more assumptions they have made or found not to apply. If the property is leasehold, the report will explain what other assumptions the Surveyor has made.
6. Complaints procedure
6.1 Home Survey Scotland Ltd has a formal complaints procedure in the unlikely event of dissatisfaction. A copy of this Procedure will be provided on request to account@homesurveyscotland.com.
7. Cancellation policy
7.1 If you cancel before the day of inspection, then no charges will apply.
7.2 If you cancel on the day of inspection, then a £60 fee will apply.
7.3 If you cancel after the inspection has taken place but before the report has been issued, then a £120 fee will apply. No contract for the provision of any further services to the Client will be forthcoming in the event of cancellation.
7.4 We reserve the right to cancel the inspection in its entirety at any time, should Home Survey Scotland Ltd, be unable to provide the Property Valuation. In this instance no fee will be required from the Client, no ongoing contractual liability will exist to the Client and any fees paid by the Client will be returned in full.
8. Restriction on disclosure
8.1 The report to be provided shall be confidential to the Client for the specific purpose to which it refers. It may be disclosed to the Client’s professional advisers, but it shall not be disclosed to any other person, nor reproduced in whole or in part without the prior written consent from the applicant, to specify who they would like it disclosed to.
8.2 The Surveyors will accept responsibility to the Client alone, that the report will be prepared with skill and care reasonable to be expected of a competent Valuer but accepts no responsibility whatsoever to any other person other than the Client.
9. Contracts (Rights of Third Parties) Act 1999
9.1 Our liability in respect of this report is limited to you as our Customer. There is no intention to confer any third party right as described in the Contracts (Right of Third Parties) Act 1999.
10. The report
10.1 The report to be provided in accordance with the Client’s instructions is a valuation and not an RICS Home Survey Report, Scottish Home Report, Building Survey or former Homebuyers styled report.
10.2 The report will be valid for 3 months from the date on the report.
10.3 The Surveyor will express their opinion of the value/rental value of the freehold/leasehold interest in the property as specified by the Client, as at the date of the report.
10.4 In making the report, the Surveyor will meet the relevant requirements of the RICS Valuation Global Standards 2017 (UK Edition).
10.5 The report may be investigated by RICS for the purposes of administering the Institution’s conduct and disciplinary regulations.
10.6 Our services will be supplied to the Client only in written form and will not form the basis of a verbal report.
10.7 Our report is provided with the following reservation: "We have not inspected woodwork or other parts of the structure which are covered, unexposed or inaccessible and we are therefore unable to report that any such part of the property is free from defect"
10.8 Our report is also provided with the following reservation: "We must stress that we have not carried out any investigation to determine whether any high alumina cement was used during the construction of the building inspected and we are therefore unable to report that the building is free from risk in this respect. In view of the possible potential danger connected with high alumina cement we strongly recommend that the appropriate investigations, inspections and tests be carried out immediately by a suitably qualified engineer”.
11. Purpose
11.1 The purpose for which the report is required has been agreed between the Client and the Surveyors.
12. Market value
12.1 In making the report, the Surveyors will meet the relevant requirements of the RICS Valuation Global Standards 2017 (UK Edition).
12.2 The figure will represent the market value which is defined as the price at which the sale of an interest in the property might reasonably be expected to have been completed unconditionally for cash consideration at the date of the valuation assuming:
a willing seller;
that, prior to the date of valuation, there had been a reasonable period (having regard to the nature of the property and the state of the market) for the proper marketing of the interest, for the agreement of price and terms for the completion of the sale;
that the state of the market, level of values and other circumstances were, on any earlier assumed date of exchange of contracts, the same as on the date of valuation;
that no account is taken of any additional bid by a purchaser with a special interest; and
that both parties to the transaction had acted knowledgeably, prudently and without compulsion.
13. Reinstatement cost
13.1 If you have opted and paid for a market valuation, the report will include a reinstatement cost unless one can only be provided by a specialist (for example, some listed properties and/or those of unusual construction).
14. Inspections
14.1 The Surveyor shall carry out such inspections and investigations as are, in the Surveyors professional judgement, appropriate and possible in the particular circumstances.
14.2 Whilst the Surveyor shall have regard to the apparent state of repair and condition of the property, the Surveyor will not carry out a survey of the structure, nor will the Surveyor inspect woodwork of any other parts of the structure which are covered, unexposed or inaccessible. The Surveyor will not arrange for the testing of electrical, heating or other services and the drains will not be exposed. Thus, the Surveyor will be unable to report that any such parts of the structure or service installations are free from defects which may materially affect the value. No warranty as to the general condition or stability of the property can be given or implied because of these factors.
15. Cladding
15.1 If the property being valued is a flat with cladding to any parts of the building, then the following shall apply:
15.2 It is the customers responsibility to provide us with a copy of a suitable cladding report (e.g. EWS1 form or equivalent) signed by an approved signatory. Home Survey Scotland Ltd shall make no comment on the report and accepts no responsibility or liability for any errors or omissions in the form. Where we provide a valuation which is based on such a report, a liability exclusion clause shall apply as follows:
15.3 In arriving at the valuation we have relied in good faith upon on an EWS1 External Wall Safety form (or equivalent) produced by a third-party assessor. We can accept no liability to the client or any other party for any losses or potential losses arising from our reliance upon the EWS1 form. Any person requiring more information should obtain independent advice.
15.4 If there are any suspected or known issues with the fire safety of the building, we are unable to carry out a valuation unless you are able to provide evidence of the full cost of repair that the owner of the subject property will be liable for, and anticipated repair timescales involved.
15.5 If the property is within a building that meets the criteria for requiring an EWS1 form in line with current RICS guidance, or in the Surveyor’s professional opinion is one that is needed, you must supply a valid EWS1 form in order for us to be able to provide a valuation. The signatory must hold an appropriate level of membership of one of the professional bodies signalled as appropriate in the latest MCHLG guidance. We reserve the right to refuse to rely on an EWS1 Form should the signatory appear to be unsatisfactory.
15.6 If the EWS1 is rated A3 or B2 you must also provide sufficient details of the repairs required, the full cost of repair that the owner of the subject property will be liable for, the anticipated repair timescales and details of any increases to service charges. We are unable to provide a valuation without this information. Home Survey Scotland Ltd can accept no liability should the details provided to us prove, at a later date, to be incorrect.
15.7 If any information provided cannot be; verified, is incorrect or missing, Home Survey Scotland Ltd may be unable to offer a valuation. In a situation such as this, no refund will be made to the customer.
16. Limitation of Liability
16.1 Our aggregate liability arising out of, or in connection with, this valuation, whether arising from negligence, breach of contract, or any other cause whatsoever, shall in no event exceed 10 times the fee for the valuation. This clause shall not exclude or limit our liability for actual fraud and shall not limit our liability for death or personal injury caused by our negligence.
Confidentiality & Data Protection
All gathered personal information will be treated as private & confidential and will not be disclosed to any other parties without written consent – ICO Registration number: ZB204723.
In the course of our business operations, it is necessary at times to record photographic evidence to substantiate operations. Internal property images recorded will be of a generic property image type, will not include personal details, will not be further disclosed and will be utilised to substantiate business operations only.
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Complaints Handling Procedure
Home Survey Scotland Ltd has a formal complaints procedure in place, in the unlikely event of dissatisfaction. A copy of this Procedure will be provided on request to account@homesurveyscotland.com.
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