SURVEY TERMS

Some items may be superseded by the brief as detailed in the Confirmation of Instruction letter

CONDITIONS OF ENGAGEMENT 2025

DOWNLANDS ARCHITECTURAL DESIGN & SURVEYING

  1. The Surveyor will advise the client as to his opinion of the state of repair and condition of the major elements of structure.

  2. Where a verbal resume is requested, this will be given, but the Surveyor accepts no responsibility for any action taken as a result of that verbal resume ie. the client should not proceed with financial negotiations nor exchange on the property until such time as he has had full sight of the detailed written Report.

  3. Save as hereinafter provided, the Surveyor will undertake a detailed inspection of the subject property, together with any related common parts. Outbuildings and garages will receive a cursory inspection. The Report object is to advise on the standard of construction of the main house or unit or accommodation with specific advice indicating repairs required to maintain the fabric of the structure. The Surveyor will carry out such works as is reasonable in his professional judgement, bearing in mind the limitations of the inspection.

  4. The Surveyor will inspect as much of the surface area as is practical from ground level, externally and internally, will lift loose floorboards and trap-doors where accessible, but he will be under no obligation to raise fixed floorboards which, in any event, are frequently covered with hardboard and/or fitted carpeting, or to inspect those areas of the property that are covered, unexposed or inaccessible.

  5. Inspection will include flat roofs and roof spaces that are easily accessible from windows or the Surveyor’s 3 metre ladder. Arrangements should be made by the purchaser for access to otherwise inaccessible areas if required. The Surveyor by prior notice can arrange for contractors attendance with long ladders, but only if advised of necessity. Roof inspection of Flats will be restricted to that part of the roof over the subject Flat to which access is or has been made available.

  6. If a separate visit is necessary for any additional reason, an additional charge will be made at standard office hourly rate of £85.00 per hour net of expenses. The same rate will be charged for a visit to the site on arrangements by others which is unproductive because of lack of promised access, for example.

  7. Further investigative work/advice/correspondence with e.g. solicitors/Local Authorities/ structural engineers/ architects / specialists etc will be similarly charged on an hourly basis.

  8. Further investigative work/advice/correspondence with e.g. solicitors/Local Authorities/ structural engineers/ architects / specialists etc will be similarly charged on an hourly basis.
  9. If the client wishes to attend site to discuss any aspects of the survey, this is recommended at the end of the inspection, once all aspects have been investigated, and is chargeable at the above hourly rate.

  10. The report does not identify the existence of contamination in or from the ground, as this can only be established by other specialists.

  11. We similarly are not qualified to report on Asbestos Risks which can only be established by an asbestos specialist. We consequently shall not be liable in respect of any liability based upon or arising out of or relating directly to or indirectly to or in consequence of or in any way involving Asbestos Risks.

  12. The Surveyor will report on the condition of services from his visual inspection. He will not be responsible for arranging the testing of services by specialists, unless specifically instructed to do so.  We recommend from a safety point of view ALLproperties have electrical tests, and where over 20 years old, plumbing and drains tests, which can be easily arranged with suitable notice.

  13. Except where the contrary is suspected or stated, part of the structure and of the woodwork which are covered, unexposed or inaccessible, will not be inspected, and will be assumed to be sound and in good repair.

  14. Unless otherwise expressly stated, in making the Report, the following assumptions will be made:

    (i) that no High Aluminia Cement, Concrete or Calcium Chloride Additive or other deleterious material was used in the construction of the property;

    (ii)that the property is not subject to any unusual or especially onerous restrictions, encumbrances or outgoings, that outgoings are fair and reasonable and that good title can be shown;

    (iii) that the property and its value are not adversely affected by any matters which would be revealed by a Local Search (or Search in Scotland) to usual enquiries, or by a Statutory Notice, and that neither property, nor its conditions, nor its use, nor its intended use, is or will be unlawful;

    (iv) that inspection of those parts which have not been inspected would neither reveal material defects nor cause the Surveyor to alter any stated valuation

    The surveyor will be under no duty to verify these assumptions.

  15. The Client will pay the Surveyor the attached confirmed agreed fee for the Report and any expressly agreed disbursements, within 7 days of invoice, unless otherwise agreed, following which interest may be charged at 2% over base

  16. The Surveyor cannot be liable for any action taken as a result of the Report prior to payment of full fees submitted.

  17. In the event of instructed cancellation following site inspection and before written Report then only a 60% net fee plus agreed disbursements will be charged.

  18. Where Reports indicate global repair/replacement costs for budget purposes, these should not be relied upon without confirmatory detailed builders’ estimates. Should these be requested directly, time involvement in specification sufficient for builders’ pricing and reporting thereon and disbursements will be charged at our hourly rate above stated.

  19. The Report is provided for the sole use of the named client and is confidential to the client and his professional advisers. The Surveyor accepts responsibility to the client alone for the stated purposes that the Report will be prepared with the skill, care and diligence reasonably to be expected of a competent Chartered Surveyor, but accepts no responsibility whatsoever to any person other than the client himself. Any such person relies upon the Report at his own risk.

  20. This Practice has a Complaints Handling Procedure in place in accordance with the RICS Rules of Conduct which can be viewed at our office on request.

Construction (Design & Management) Regulations 2015 Building Safety Act 2022.

The Construction (Design & Management) Regulations 2015 (‘the CDM 2015 Regulations’) which came into force in  April 2015 are a form of legislation to monitor health and safety in construction and, as a domestic client, you must appoint duty holders these being a principal designer (PD) and a Principal Contractor (PC) who will take on your duties as required by the CDM 2015 Regulations.

By accepting this fee proposal, you will be deemed to have appointed us in the role of PD for which our fee will include the preparation of a Preconstruction Health & Safety information document up to Building Control Approval stage which you should then pass to the Principal Control Approval stage which you should then pass to the Principal Contractor at Tender Stage.

It is highly likely that your successful tenderer or preferred builder will employ specialist trade sub-contractors (electricians, plumbers etc.) and, as such under the above legislation, the full requirements of the CDM 2015 Regulations will come into force.

This means your contractor will be the PC and will be required to prepare a construction phase health & safety plan based on the pre-construction information and complete a Health & Safety File for the project on completion.

Notwithstanding the above, if the project will exceed more than 500 person days (e.g. 4 persons working in excess of 125 days) or the project will be longer than 30 working days and have more than 20 workers working simultaneously at any point in the project, then the project must be notified to the Health and Safety Executive before construction commences.

Guidance on the Clients responsibilities can be obtained at http://www.hse.gov.uk/pubns/indg411.htm

Guidance on the regulations as a whole can be found at

http://www.hse.gov.uk/pubns/priced/L153.pdf.

Should you require further services from us (specification, contract administration etc.) then our role would continue as PD until the end of the project and we will be responsible for preparing the Health & Safety File. Fees for these further services can be agreed if applicable.