Terms & conditions

CONDITIONS OF ENGAGEMENT FOR A BUILDING SURVEY

 

Subject to express agreement to the contrary and any agreed amendments/additions, the terms on which the Surveyor will undertake the Building Survey are set out below.

 

1. Based on an inspection as defined below, the Surveyor, who will be a Chartered Surveyor, will advise the Client by means of a written Report as to his opinion of the visible condition and state of repair of the property.

 

2. The Inspection

a) Accessibility and Voids

The Surveyor will inspect as much of the surface area of the structure as is practicable but will not inspect those areas which are covered, unexposed or not reasonably accessible.

b) Floors

The Surveyor will lift accessible sample loose floorboards and trap doors, if any, which are not covered by heavy furniture, ply or hardboard, fitted carpets or other fixed floor coverings. The Surveyor will not attempt to raise fixed floorboards without permission.

c) Roofs

The Surveyor will inspect the roof spaces if there are available hatches. The Surveyor will have a ladder of sufficient height to gain access to a roof hatch or to a single storey roof, not more than 3.0 m (10’0”) above the floor or djacent ground. It might therefore not be possible to inspect roofs above this level; in such cases, pitched roofs will be inspected by binoculars. The Surveyor will follow the guidance given in Surveying Safely issued by the RICS in April 1991, which incorporates the guidance given in Guidance Note GS31 on the safe use of ladders and step ladders issued by the Health and Safety Executive.

d) Boundaries, Grounds and Outbuildings

The inspection will include boundaries, grounds and outbuildings. Specialist leisure facilities, including swimming pools and tennis courts will not be inspected.

e) Services

The Surveyor will carry out a visual inspection of the service installations where accessible. Manhole covers will be lifted where accessible and practicable. No tests will be applied unless previously agreed.

 

CONDITIONS OF ENGAGEMENT FOR A PROPERTY VALUATION

 

The surveyor will advise the Client by means of a written Report as to his opinion of the value of the property.Subject to express agreement to the contrary and any agreed amendments/additions, the terms on which the Surveyor who will be a Chartered Surveyor will undertake the property valuation are set out below.

 

1. Open Market Value

Where the surveyor has agreed to express his opinion on the open market value of the freehold/leasehold interest in the property, the surveyor will meet the relevant requirements of the RICS Appraisal and Valuation Manual and will make the following assumptions which he will be under no duty to verify:-

a. that vacant possession is provided;

b. that planning permission and statutory approvals for the buildings and for their use, including any extension or alterations, have been obtained;

c. that no deleterious or hazardous materials or techniques have been used;

d. that the property is not subject to any unusual or especially onerous restrictions, encumbrances or outgoings and that good title can be shown;

e. that no contaminative or potentially contaminative uses have ever been carried out in the property and he will not undertake investigations into past or present uses either of the property or of any neighbouring land to establish whether there is any contamination or potential for contamination to the subject property from these uses or sites, and will therefore assume that none exists;

f. that an inspection of those parts which have not been inspected would not reveal material defects or cause him to alter the valuation materially;

g. that the property is connected to main services which are available on normal terms;

h. that sewers, main services and the roads giving access to the property have been adopted;

i. that in the case of a new property the construction of which has not been completed, the construction will be satisfactorily completed;

j. 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

k. 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. The figure will represent the open market value which is defined as the best price at which the sale of an interest inthe property might reasonably be expected to have been completed unconditionally for cash consideration at the date of the valuation assuming:

a) a willing seller;

b) 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;

c) 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;

d) that no account is taken of any additional bid by a purchaser with a special interest; and

e) that both parties to the transaction had acted knowledgeably, prudently and without compulsion.

 

2. Assessment of Reinstatement for Insurance Purposes

Where practical, the surveyor will provide an assessment of the rebuilding cost of the property for insurance purposes. The assessment will include the cost of demolition and clearing away the existing structures and rebuilding them to the existing design in modern materials and using modern techniques to a standard equal to the existing property and in accordance with the current Building Regulations and other statutory requirements.The assessment will include an allowance for replacing the foundations and for temporarily making safe the damaged structure and any adjacent property together with professional fees payable in connection with the rebuilding of the property. The figure excludes VAT on building costs or demolition but VAT is included for professional fees. The assessment will be made using the Guide to House Rebuilding Costs prepared by the Building Cost Information Service of the RICS. In certain circumstances, for example for some particularly unusual buildings or some listed buildings an assessment will not be made and should be commissioned by the client from an appropriate expert (eg, a Chartered Quantity Surveyor).

 

3. Fees and Expenses

The Client will pay the Surveyor the agreed fee for the Report and any expressly agreed disbursements in addition. VAT will be payable in addition.

 

4. Restriction on Disclosure

The Report is for the sole use of the named Client and is confidential to the Client and his professional advisers.Any other persons rely on the Report at their own risk.

 

5. Complaints Procedure

SkySurvUk Residential Surveyors has a formal complaints procedure in the unlikely event of dissatisfaction. A copy of this procedure will be provided on request.

 

CONDITIONS OF ENGAGEMENT FOR A HOME BUYER REPORT

 

Subject to express agreement to the contrary and any agreed amendments/additions, the terms on which the Surveyor will undertake the Home Buyer Report are set out below.

 

1. Based on an inspection as defined below, the Surveyor, who will be a Chartered Surveyor, will advise the Client by means of a written Report as to his opinion of the visible condition and state of repair of the property.

 

2. The Inspection

a) Accessibility and Voids

The Surveyor will inspect as much of the surface area of the structure as is practicable but will not inspect those areas which are covered, unexposed or not reasonably accessible.

b) Floors

The Surveyor will lift accessible sample loose floorboards and trap doors, if any, which are not covered by heavy furniture, ply or hardboard, fitted carpets or other fixed floor coverings. The Surveyor will not attempt to raise fixed floorboards without permission.

c) Roofs

The Surveyor will inspect the roof spaces if there are available hatches. The Surveyor will have a ladder of sufficient height to gain access to a roof hatch or to a single storey roof, not more than 3.0 m (10’0") above the floor or adjacent ground. It might therefore not be possible to inspect roofs above this level; in such cases, pitched roofs will be inspected by binoculars. The Surveyor will follow the guidance given in Surveying Safely issued by the RICS in April 1991, which incorporates the guidance given in Guidance Note GS31 on the safe use of ladders and step ladders issued by the Health and Safety Executive.

d) Boundaries, Grounds and Outbuildings

The inspection will include boundaries, grounds and outbuildings. Specialist leisure facilities, including swimming pools and tennis courts will not be inspected.

e) Services

The Surveyor will carry out a visual inspection of the service installations where accessible. Manhole covers will be lifted where accessible and practicable. No tests will be applied unless previously agreed. The Surveyor will report if, as a result of his inspection, the Surveyor considers that tests are advisable and, if considered necessary, an inspection and report by a specialist should be obtained.

f) Areas not inspected

The Surveyor will identify any areas which would normally be inspected but which he was unable to inspect and indicate where he considers that access should be obtained or formed and, furthermore, he will advise on possible or probable defects based on evidence from what he has been able to see.

g) Flats

Unless otherwise agreed, the Surveyor will inspect only the subject flat and garage (if any), the related internal and external common parts and the structure of the building in which the subject flat is situated. Other flats or properties will not be inspected. The Surveyor will state in his Report any restrictions on accessibility to the common parts or visibility of the 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 The Client is reminded that, particularly on the case of large blocks, the object of the inspection is to give guidance on the general standard of construction and maintenance, pointing out those items which will require attention within, say, the next decade and not to list those minor points which would normally be taken care of in the course of routine maintenance. (Many flats form part of large developments consisting of several blocks. In such cases the Surveyor will be inspecting only the one block in which the flat is situated).

 

3. Deleterious and Hazardous Materials

a) 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 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.

b) Lead water supply pipes and asbestos will be noted, and advice given, if these materials can be seen but it must be appreciated that such materials are often only visible after opening up which cannot be carried out at the risk of causing damage – see paragraph 2(a) above.

c) The Surveyor will advise in the Report if the property is in an area where, based on information published by the

National Radiological Protection Board, there is a risk of radon. In such cases the Surveyor will advise that tests should be carried out to establish the radon level.

d) The Surveyor will advise if there are transformer 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. For obvious reasons, the Surveyor cannot report on any underground cables.

 

4. Contamination

The Surveyor will not comment upon the existence of contamination as this can only be established by appropriate specialists. Where, from this local knowledge or the inspection, he considers that contamination might be a problem he should advise as to the importance of obtaining a report from an appropriate specialist.

 

5. Consents, Approvals and Searches

a) The Surveyor will assume that the property is not subject to any unusual or especially onerous restrictions or covenants which apply to the structure or affect the reasonable enjoyment of the property.

b) The Surveyor will assume that 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 his legal advisers. Drawings and specifications will not be inspected by the Surveyor.

c) The Surveyor will assume that the property is unaffected by any matters which would be revealed by a Local Search (or their equivalent in Scotland and Northern Ireland) 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.

 

6. Fees and Expenses

The Client will pay the Surveyor the agreed fee for the Report and any expressly agreed disbursements in addition. VAT will be payable in addition.

 

7. Restriction on Disclosure

The Report is for the sole use of the named Client and is confidential to the Client and his professional advisers.

Any other persons rely on the Report at their own risk.

 

8. Assessment of Reinstatement for Insurance Purposes

Where practical, the surveyor will provide an assessment of the rebuilding cost of the property for insurance purposes. The assessment will include the cost of demolition and clearing away the existing structures and rebuilding them to the existing design in modern materials and using modern techniques to a standard equal to the existing property and in accordance with the current Building Regulations and other statutory requirements.

 

The assessment will include an allowance for replacing the foundations and for temporarily making safe the damaged structure and any adjacent property together with professional fees payable in connection with the rebuilding of the property. The figure excludes VAT on building costs or demolition but VAT is included for professional fees. The assessment will be made using the Guide to House Rebuilding Costs prepared by the Building Cost Information Service of the RICS. In certain circumstances, for example for some particularly unusual buildings or some listed buildings an assessment will not be made and should be commissioned by the client from an appropriate expert (eg, a Chartered Quantity Surveyor).

 

9. Open Market Value

The Report will include an open market value of the property.

Where the surveyor has agreed to express his opinion on the open market value of the freehold/leasehold interest in the property, the surveyor will meet the relevant requirements of the RICS Appraisal and Valuation Manual and will make the following assumptions which he will be under no duty to verify:-

a. that vacant possession is provided

b. that planning permission and statutory approvals for the buildings and for their use, including any extension or alterations, have been obtained

c. that no deleterious or hazardous materials or techniques have been used;

d. that the property is not subject to any unusual or especially onerous restrictions, encumbrances or outgoings and that good title can be shown;

e. that no contaminative or potentially contaminative uses have ever been carried out in the property and he will not undertake investigations into past or present uses either of the property or of any neighbouring land to establish whether there is any contamination or potential for contamination to the subject property from these uses or sites, and will therefore assume that none exists;

f. that an inspection of those parts which have not been inspected would not reveal material defects or cause him to alter the valuation materially;

g. that the property is connected to main services which are available on normal terms;

h. that sewers, main services and the roads giving access to the property have been adopted;

i. that in the case of a new property the construction of which has not been completed, the construction will be satisfactorily completed;

j. 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;

k. 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. The figure will represent the open market value which is defined as the best 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) a willing seller;

b) 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;

c) 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;

d) that no account is taken of any additional bid by a purchaser with a special interest; and

e) that both parties to the transaction had acted knowledgeably, prudently and without compulsion.

 

10. Complaints Procedure

SkySurvUk Residential Surveyors has a formal complaints procedure in the unlikely event of dissatisfaction. A copy of this procedure will be provided on request.

 

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