Terms & Conditions

TERMS OF ENGAGEMENT

General Terms

1. Introduction

This document sets out the contractual terms upon which the Surveyor will advise the Client by means of a written report as to his or her opinion of the visible condition and state of repair of the Property.

The individual carrying out the inspection and providing advice will be a chartered surveyor.

The Surveyor will use all of the care and skill to be reasonably expected of an appropriate experienced chartered surveyor.

It is important to consider the Report as a whole rather than to take reports on individual defects out of context. Comment will be made as to whether defects are typical for the age and construction of the Property.

This Report has been prepared solely for the benefit of the named Client in connection with the proposed purchase of the named Property. No liability is accepted to third parties whatsoever. This Report should not be disclosed in whole or in part to any other parties without the express consent of the Surveyor.

That as an RICS member or regulated firm, a referral fee or equivalent is never given to ANY party who may have recommended the Client to them. As an RICS regulated firm our files may be subject to monitoring and will need to be provided to RICS upon request.

2. Content of the Report

In accordance with these terms the Surveyor will report upon:

The main aspects of the Property, including assessing the site/location, the design, structural framework, fabric and services.
The grounds, boundaries and other aspects considered to affect the Property.
Any requirement for further investigation arising from the inspection.

3. Payment of fees

The Client will pay the agreed Fee, any Additional Fees, and any agreed disbursements prior to the survey inspection taking place and release of the Report.

Quotes provided by Chartex will be full and final, and no hidden fees shall be applied to the invoice unless discussed and agreed in writing prior to the survey being completed. Unless the Client has failed to disclose any extras as listed on the form at the time of instruction, and these will be invoiced and payment required prior to the Report being issued. For Example Listed Building, System Built, Non-Standard Buildings, Timber, Buy to Let, HMO, etc.

The Client will be liable for interest on any late payment at the rate of 8%pa above Bank of England base rate at the date of the relevant fee account.

In the event that we are frustrated in our attempts to carry out our inspection, due to matters beyond our control, or cancellation of a survey inspection by the surveyor due to unforeseen circumstances. All appointments will be re-arranged within a reasonable time when conditions permit. We are unable to offer refunds.

Cancellation: Once the instruction has been received from the Client, 14 (fourteen) working days notice is required for cancellation, or 50% of the Fee and any charges incurred by the surveyor and administration up to the date of cancellation is due. If you cancel within 48hrs of the survey booking date you will not be eligible for a refund of the fees and charges incurred by the surveyor up to the date of cancellation. This does not affect any of your normal consumer rights.

Consumer Right to Cancel Regulations (‘Cooling-off’ period): To avoid a 14 day delay you have confirmed by ticking the box on our Terms and Conditions that you accept our cancellation process as stated above. That confirms that if you subsequently wish to terminate the contract, you will be eligible for a 50% refund of the fees and charges incurred by the surveyor up to the date of cancellation. This does not affect any of your normal consumer rights. If you cancel within 48hrs of the survey you will not be eligible for a refund of the fees and charges incurred by the surveyor up to the date of cancellation.

Any fees taken in advance are not client money and not subject to the RICS client money protection scheme.

4. Assumptions

Unless otherwise expressly agreed to the Surveyor while preparing the Report will assume that:

the Property (if for sale) is offered with vacant possession;
the Property is connected to mains services with appropriate rights on the basis that is known and acceptable to the Client and;
Access to the Property is as of right upon terms known and acceptable to the Client.
The Surveyor will rely on details of the Property supplied by the client, vendor or vendor’s selling agent as appropriate. Any such information stated in the Report should be verified by your solicitors.

5. Scope of the inspection

(a) Generally

The Report provides a general overview of the Property and the most significant points are described in Section F. It is, however, essential that the whole Report is read and considered in detail prior to a commitment to purchase and that all works and further investigations are conducted and priced by competent contractors so that you are fully aware of the overall commitment and liabilities that you will be undertaking in purchasing the Property.

All hidden, unexposed and inaccessible areas have not been inspected, and we cannot give comment as to their condition, although attention will be drawn to their presence as appropriate and it is assumed that these areas are free from significant defect. Comment will be given as to whether further investigation should be carried out prior to purchase by competent independent contractors if deemed appropriate.

Each room has been inspected where visible in detail, and moisture meter readings have been taken where possible and where felt appropriate without moving heavy furniture or personal possessions. Most properties have fully-fitted floor coverings such as carpet, lino sheet and floor tiling, which would restrict examination of the sub-floor and associated structure. Comments will be made with regard to any visible defects such as excessive springiness, sagging or deflection. It is, however, impossible to comment upon the precise condition of the sub-floor without opening up the associated area and recommendation may be made in the Report if this is considered appropriate.

The Property may be occupied and furnished at the time of the inspection. Furniture, stored articles and personal possessions will not be moved, and this ultimately may restrict access for inspection. Furthermore, access to roof spaces is often restricted, and boarding, stored goods and loft insulation further restrict inspection of these areas.

Weather conditions at the time of the inspection may well affect the Surveyor’s ability to make a thorough assessment of the Property. For example, if it is not raining it is not possible to comment upon the precise function of the rainwater goods, roof junctions and flashings. Often intense sunlight can obscure defects.

The Surveyor will not use ladders to inspect surfaces more than 3 metres above ground level, although binoculars or a rood cam will be used from ground level in order to inspect higher areas. Attention will be drawn to any areas that warrant further inspection from close quarters with the use of scaffolding etc.

Roof surfaces above 3 metres will be inspected with the aid of binoculars from publicly accessible land and the subject premises or from other parts of the building where accessible such as windows and skylights. There will inevitably be some areas that are not visible, and we will, therefore, be unable to comment with regard to these areas.

The Surveyor will consider his advice carefully but is not required to advise on any matter the significance of which in relation to the Property is not apparent at the time of the inspection from the inspection itself.

The Surveyor will inspect diligently but is not required to undertake any action which would risk damage to the Property or injury to himself. Restrictions may apply due to health and safety implications that may arise on the day of inspection.

The Surveyor will not undertake any structural or other calculations.

The Surveyor will not attempt to remove securely fixed covers of housings without the express permission of the owner.

The Surveyor will inspect the roof spaces if there are available hatches that are not more than three metres above the adjacent floor or ground. Where no reasonable access is available, the roof spaces will not be inspected.

The inspection will include boundaries, grounds and permanent outbuildings but will not include constructions or equipment with a specific leisure purpose, without limit, swimming pools or tennis courts.

Any restrictions due to health and safety implications that may arise on the day of inspection will be discussed with the client and alternative arrangements will be made where possible.

(b) Services

Inspection of the service installations is limited to visible areas only, and no inspection will be made of any hidden or inaccessible sections. General comment as to apparent condition only is made and no tests or specialist investigations etc. have been undertaken nor are we able to verify the system complies entirely with current-day legislation. The Surveyor will report if it is considered that tests are advisable.

Surveyors are not qualified to comment upon the condition of certain specific items such as gas and electrical installations. In the event that no electrical test certification is available dated within the last 10-year period, the electrical installation should be tested by an NICEIC registered contractor prior to entering into a legal commitment to purchase. Furthermore, if a gas installation has not been tested by a Gas Safe registered engineer within the past 12 months, a gas safety check should be carried out, and the boiler system checked and serviced prior to entering into a legal commitment to purchase.

Unless otherwise agreed, the Surveyor will inspect only the subject flat and garage (if any), and will comment in general terms with regard to the related internal and external common parts and the structure of the building or particular block in which the subject flat is situated. Other flats will not be inspected. The Surveyor will state in the Report the limits of access and/or visibility in relation to the common parts and structure. The Surveyor will state whether he has seen a copy of the lease and, if not, the assumptions as to repairing obligations on which he is working.

(d) Environmental and other issues

Particular noise and disturbance affecting the Property will only be noted if it is significant at the time of the inspection of if a specific investigation has been agreed between the Surveyor and the Client and confirmed in writing.

The Surveyor will report on any obvious health and safety hazards to the extent that they are apparent from elements of the Property considered as part of the inspection.

This Report assumes that your solicitor will obtain an environmental assessment relating to the Property covering matters such as Radon gas, flooding, landfill, subsidence, mining and historic uses and any hazardous ground conditions and pollution.

6. Hazardous Materials and Exclusions

Unless otherwise expressly stated in the Report, the Surveyor will assume that no deleterious or hazardous materials or techniques have been used in the construction of the Property. However, the Surveyor will advise in the Report if, in his view, there is a likelihood that deleterious material has been used in the construction and specific enquiries should be made, or tests carried out by a specialist. Excluded from the service. This is intended to cover (though not be limited to) a situation where a surveyor is not undertaking tasks that might normally be expected to form part of the service. Examples of exclusions will include but are not limited to, detailing that no asbestos inspection is carried out and that the surveyor does not act as an asbestos inspector when delivering a service that may fall within the scope of The Control of Asbestos Regulations 2012. See section 2.6 of the current edition of the Home survey standard RICS professional statement for further guidance.

The Surveyor will advise if there are transformer stations or overhead power lines which might give rise to an electromagnetic field, either over the subject property or visible immediately adjacent to the Property The Surveyor is not required to assess any possible effect on health or to report on any underground cables.

7. Ground conditions

The Surveyor will not be required to comment upon the possible existence of noxious substances, landfill or mineral extraction, or other forms of contamination (see point 5(d) above).

8. Consents, Approvals and Searches

The Surveyor will be entitled to assume that the Property is not subject to any unusual or onerous restrictions, obligations or covenants which apply to the Property or affect the reasonable enjoyment of the Property.

The Surveyor will be entitled to assume that all planning, Building Regulations and other consents required in relation to the Property have been obtained. The Surveyor will not verify whether such consents have been obtained. Any enquiries should be made by the Client or the Client’s legal advisers. Drawings and specifications will not be inspected by the Surveyor unless previously agreed. No formal enquiries have been made of local statutory authorities to verify information relating to planning permission, Building Regulation control or the Water Board etc. as we assume that your solicitors will carry out these enquiries as part of standard pre-contract enquiries.

The Surveyor will be entitled to assume that the Property is unaffected by any matters which would be revealed by a Local Search and replies to the usual enquiries, or by a Statutory Notice and that neither the Property, nor its condition, its use, or its intended use, is or will be unlawful.

9. Additional services - “Extras”

The Surveyor will provide, for an additional fee, such additional services as may be specified in the Specific Terms, “Extras” on the instruction declaration. If the client has not declared the extras as listed, or the client in unaware that the property is subject to the extras list, and the Surveyor discovers these “Extras” during the survey inspection the Surveyor has the right to charge for these before issuing the report.

10. Miscellaneous

Unless expressly provided, no term in the agreement between the Surveyor and the Client is enforceable under the Contracts (Rights of Third Parties) Act 1999 by any person other than the Surveyor or the Client.

Where the Client has instructed the Surveyor to make investigations which cause damage to the Property on the basis that the Client has obtained the owner’s consent, the Client will indemnify the Surveyor against any loss or cost arising.

Any fees taken in advance are not client money and not subject to the RICS client money protection scheme.

Dispute Resolution – In the event that the Client has a complaint regarding the standard of service he or she has received, a formal complaint handling procedure will be followed. A copy of the Surveyor’s complaints handling procedure is available upon request. Using the Surveyor’s complaints handling procedure will not affect the Clients legal rights.

The Client may only rely upon the Surveyor’s advice and Report in connection with the purchase of the named Property, and if the Client wishes to rely upon such advice and Report for any other purposes, he or she may only do so with the written consent of the Surveyor. The Surveyor reserves the right in the event of dispute with the Client to cancel and refund in full, apart from expenses incurred, the use of the survey report in purchasing the said property. For the avoidance of doubt, once the refund has been processed, the Client no longer has any recourse or claim against the Surveyor, and cannot use or rely on the report in any way, nor claim expenses or costs incurred as the contract is deemed to be null and void.

As part of your pre-contract enquiries, your solicitor should clarify the existence of warranties, guarantees, service histories and other paperwork relating to works at the Property, installations and appliances. Copies of these should be requested from the vendors’ solicitors, and you should ensure that, where appropriate, the benefit of these is assigned to you as the new owner.

You should instruct your legal advisers to confirm whether the Property has a leasehold or freehold title. Furthermore, you should request that your solicitors fully explain the difference between these two forms of tenure, particularly with regard to the obligations under the lease, which ultimately can be enforced by the superior landlord.

11. Limit of liability

Chartex holds Professional Indemnity insurance arranged by an RICS approved insurance broker. The maximum liability under the policy is £1,000,000 (GBP) for each and every claim.