THE SERVICE
The Surveyor shall provide a level1, Level 2, or Level 3 Report to our client (named above and referred to as ‘you’ from here on), which shall be delivered in accordance with the current edition of the RICS Professional Statement Home Survey Standard.
and shall be equivalent to level 2.
The Level 2 (survey only) service includes:
a physical inspection of the property (see The Inspection) and
a report based on the inspection (see The Report).
The surveyor who provides the Level 2 (survey only) service aims to give you professional advice to help you 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. Examples of extra services include:
costing of repairs
schedules of works
supervision of works
re-inspection
detailed specific issue reports and
market valuation and reinstatement costs
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.
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.
Prior to the inspection, we carry out a desk-top study and make oral enquiries for information about matters affecting the property. Where possible the vendor will be sent a questionnaire to provide further information on the subject property.
With permission from the homeowner, we will undertake a full visual and non-invasive inspection which consists of the following:
We inspect roofs, chimneys and other surfaces on the outside of the building from ground level and, if necessary, from neighbouring public property and with the help of binoculars.
We inspect the inside and outside of the main building and all permanent outbuildings, but we do not force or open up the fabric of the building.
We inspect the roof structure from inside the roof space if there is access and visually inspect the roof structure with attention paid to those parts vulnerable to deterioration and damage (although we do not move or lift insulation material, stored goods or other contents).
We will attempt to open a sample of the windows and doors.
We examine floor surfaces and under-floor spaces so far as there is safe access to these via an inverted ‘head and shoulders’ inspection.
We also inspect the parts of the electricity, gas/oil, water, heating and drainage services that can be seen, but we do not test them.
We will attempt to lift accessible inspection chamber covers to drains (where it is safe to do so and without causing damage) and visually inspect the chamber.
We inspect the condition of the boundary walls, fences, permanent outbuildings and areas in common (shared) use. To inspect these areas, we walk around the grounds and any neighbouring public property where access can be obtained. Where there are restrictions to access (e.g. creeper plants prevent closer inspection), these are reported and advice is given on any potential underlying risks that may require further investigation.
THE REPORT
We will provide a property-specific report for the service in accordance with the current edition of the RICS Professional Statement Home Survey Standard. The report is produced from the results of the inspection. This is for you [the client] to use and we 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 Level 2 (survey only) report 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.
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 any further investigations that are needed.
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 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.
The report will not tell you about:
The value of the property (unless otherwise agreed).
Matters than might affect value (such as the location of the property or the availability of public transport and other facilities.)
Any minor defects that would not normally affect your decision to buy.
How to undertake any repairs to remedy any defects or deficiencies.
The cost of any repair work.
The efficiency of any services installed or any features that could only be effectively monitored over a longer period.
Asbestos (see below).
If you do require advice on matters or areas that are not covered by the Home Survey Report, this must be arranged separately.
DANGEROUS MATERIALS, CONTAMINATION AND ENVIRONMENTAL ISSUES
We do not make any enquiries about contamination or other environmental dangers. However, if the surveyor suspects a problem, they will 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 will include this within the report and recommend further investigations.
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 will 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.
LIMITATIONS & EXCLUSIONS
At the point at which the survey is carried out, although it is for your benefit, you will not own the property and therefore the inspection will be subject to some limitations.
The surveyor will carry out the inspection from all vantage points possible but cannot:
Report on leisure facilities or equipment.
Report on temporary outbuildings.
Trespass on adjacent private property.
Walk on any sort of roof.
Access areas that are more than 3m above the floor level – such features will be inspected from ground level or from a vantage point within the building.
Access areas that are less than 3m above floor level if, in the opinion of the surveyor, it would not be safe to do so.
Take up or move carpets, floor coverings, floorboards or insulation etc.
Move heavy furniture or remove contents of cupboards.
Move smaller items of furniture etc. without the express consent of the occupier.
Force open or remove secure panels or the fabric of the building.
Undertake a specialist test of any of the services that are not connected at the time of the inspection. The surveyor cannot comment on the efficiency of any services or renewable installations (such as photovoltaic panels).
We are not able to assess the condition of the inside of any chimney, boiler or other flues.
Comment on sound insulation or noise of any sort.
The surveyor will curtail the inspection if they feel it is unsafe to continue for any reason (including the risk of damage to the property itself, risks to any occupiers or visitors and risks to the safety of the surveyor etc.).
The outbreak of COVID-19, declared by the World Health Organisation as a ‘Global Pandemic’ in March 2020, has and continues to impact how we may carry out our services. Inspections will be risk assessed and implemented in line with our own Coronavirus Prevention Policy, RICS guidance and Government restrictions.
Our fees are based primarily on the degree of responsibility and skill involved and the time necessarily taken up by the matter.
Certain other factors may also be taken into account in calculating fees, and these include the complexity of the matter, the value of any property involved, and the special urgency of the matter.
You agree to pay the agreed fee, any additional fees, any VAT and any other charges agreed in writing as set out in the Declaration of Terms or as further agreed between you and us in writing.
An invoice will be presented to you prior to the confirmed date of inspection and is payable prior to the day of the inspection. We reserve the right not to attend or postpone an inspection until payment is made. Reports will not be released until full payment is made.
All payments to be made by Bank Transfer to the following bank account:
Account Name xxxx
Bank xxx
Sort Code xxx
Account Number xxxx
The client will be liable for interest on any late payment at the rate of 10% per annum above the Bank of England base rate current at the date of the relevant fee account. We do not accept payment of our invoices (or payment for any other purpose) by cash.
If at any time you believe that you will have difficulty in meeting the future costs of any matter you should immediately inform us so that together we may consider your best course of action.
Payment made in advance for services described does not constitute ‘client money’ and therefore such a payment is not subject
to RICS Client Money Protection Scheme rules.
CANCELLATION
We expect to continue to act in any matter on which we have accepted instructions from you until the matter is completed.
Once the Declaration of Terms is signed and returned to us by you, the client, you have 14 days from the date of the agreement to cancel the instruction without reason (Cancellation Period). The Cancellation Period shall expire after 14 days from the day the contract comes into existence. If you wish to exercise your right to cancel within this period you must inform us in writing. However, if you instruct the surveyor to perform the survey during the Cancellation Period, you will be liable for the whole amount of the surveyor’s fees for performing the inspection and for the preparation of the report.
We will not terminate our engagement except for good reason and upon giving you reasonable notice. Such good reason may include (but is not limited to) the following:
Where conflict of interest arises.
Where we consider it would not be in your best interest for us to work for you.
Where there is a breakdown of trust and confidence between us.
Where you fail to provide us with the instructions or documentation we need to act for you properly.
Where your instructions conflict with our rules of professional conduct or our ethical policy.
It is unsafe for us to inspect the property.
PAPERS AND DOCUMENTATION
Our reports will be sent in electronic PDF formant via email. We will only provide paper documentation if instructed to do so,
in writing, at instruction stage and to be agreed by us. We reserve the right to charge for requested paper copies of the report and supporting documents. The prices for which are stated below:
£25+VAT: 1 x colour copy of the report posted to your correspondence address.
£50+VAT: 1 x colour copy of the report with schedule of photographs, bound and posted to your correspondence address.
After completing the project, we are entitled to keep all your papers and documents while there is money owing to us. Our working papers, draft documents, letters/documents sent by you and copies of letters/documents sent by us will remain our property.
RETENTION OF DOCUMENTS
We will retain all files and documents for a reasonable period, which will in any event be not less than 6 years after
completion or terminations of our service(s). These will be securely stored and available for future inspection, if required for up to a maximum of 15 years, save where specifically required by a court or otherwise to keep them for longer.
We keep the file on the understanding that we have your authority, without further reference to you, to destroy all papers fifteen years after the date of the final invoice we send to you for the matter. We will not destroy documents that you ask us to deposit in safe custody but we will charge for this service. We do not normally make a charge for retrieving stored papers or documents in response to continuing or new instructions from you. However, we reserve the right to make a charge based on the time we spend reading papers, correspondence or other work necessary to comply with the instructions given by you or on your behalf.
AUDIT OF FILES
As a RICS regulated firm, external organisations may conduct audit or quality assurance reviews on our practice. Your file may
be subject to monitoring and review, and we will need to provide this to RICS on request in accordance with RICS Rules of Conduct for Members and/or RICS Rules of Conduct for Firms.
REFERRAL FEES
Not applicable.
If at any time you would like to discuss with us how our service to you could be improved, or if you are dissatisfied with the service you are receiving, please get in touch with the office secretary. If we have given you a less than satisfactory service, we will do everything reasonable to put it right.
We operate a Complaints Handling Procedure that complies with the RICS Rules of Conduct. A copy is available upon request.
The procedure for taking and confirming instructions will vary according to the urgency of the matter but a signed copy of this document must be returned to us by the client before an inspection is carried out.
We may communicate with you and third parties by post, telephone, and, unless you advise us in writing that you do not wish to do so, by email. Email will be treated as written correspondence, and we are entitled to assume that the purported sender of an email is the actual sender and that any expressed or implied approval or authority referred to in an email has been validly given. You consent to us monitoring and reading any email correspondence travelling between you and any email recipient at the practice.
You acknowledge that email may not be secure, and that the delivery of email is uncertain. You should not, therefore,
assume that an email sent by you has reached the intended recipient. If you send instruction by emails (in particular those which vary previous instructions and/or those upon which actions must be taken urgently) you must verify by telephone that the email has been received. Incoming emails are subject to screening for spam, viruses and other undesirable content, and will be quarantined (and therefore not read) if any such content is detected.
You will be kept up to date on the progress of your matter, normally through routine correspondence.
DATA PROTECTION
In relation to personal data provided to us to enable us to advise you, you are the data controller and we are a data processor.
We will process such personal data on your behalf in accordance with your instructions. If we cease processing personal data on your behalf then, to the extent that we retain any personal data (and/or copies thereof) to comply with procedures or regulatory, legal or other obligations to which we are subject, we may retain and not destroy such personal data and/or copies thereof so as to comply with such procedures or obligations, and we will become a data controller under the Act in relation to such personal data and/or copies thereof.
We may, as part of the service we offer, wish to send you information by post or email or contact you by telephone. In relation to the information, you provide to us as to your contact personnel, we are data controllers. We will use such information in the course of our relationship and send such material to you, and contact you, unless you notify us in writing that you do not wish us to do so. For the avoidance of doubt, the client confirms that they give consent to Abdel Boutarfas to handle their personal data under GDPR for the purposes of their complying with the specified service and these
terms.
Abdel Boutarfas is regulated by the RICS and compliance with the RICS standards may be subject to monitoring under the
Institution’s conduct and disciplinary regulations.
There is no limitation of liability in the event of any claim against us for death or personal injury caused by the surveyor’s
negligence: fraud or fraudulent misrepresentation or any matter where it is unlawful to exclude liability.
We shall have no liability to you for any failure to comply with this agreement where such failure is due or caused by an event or circumstance beyond the surveyor’s control including, by way of example, strikes, lock outs and other industry disputes, flood, fire, explosion, accidents (including terrorist attacks), breakdown of systems or network access or Government imposed Coronavirus restrictions.
The report is prepared solely for use by you and your conveyancer. It is not intended to be used nor relied upon by any third party and the surveyor accepts no liability whatsoever and howsoever arising to any other third party.
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 homeowner’s consent; the client will indemnify the surveyor against any loss or cost arising.
We will make every effort to ensure that our service meets your requirements, but we recognise that occasionally things can go wrong. You should understand that in order to balance risk fairly between us, we have capped some of our legal liabilities in accordance with RICS recommendations. This means that if we are in breach of contract or a duty of care that we owe to you, the maximum capped compensation that we should be obliged to pay you would be as follows.:
Our aggregate liability arising out of, or in connection with this instruction, whether arising from negligence, breach of contract, or any other cause whatsoever, shall in no event exceed fifty times the gross VAT fee paid or
£100,000.00 or the award made by the independent redress provider (whichever is the lower amount).
Notwithstanding any other provision in these terms and conditions, we will not be liable to you for any consequential, special, indirect or exemplary damages, costs or losses attributable to lost profits or opportunities.
We maintain a level of insurance at least sufficient to cover our liability to you in accordance with these terms. No warranty is given or to be implied that we will maintain insurance above the minimum level required by law.
You acknowledge that we have an interest in limiting the personal liability and exposure to litigation of employees, consultants and directors. Having regard to that interest you agree that you will not bring any claim personally against any individual employee, consultant or director in respect of any loss which you suffer or incur, directly or indirectly, in connection with our services. This will not limit or exclude our liability as a company for the acts or omissions of our employees, consultants or directors.
We will not be liable for any loss arising out of any act or omission on our part unless notice in writing of the alleged loss is given to us not later than three years following the act or omission in question. Three years shall be the period of limitation for all purposes of the Limitation Act 1980 (as amended).
We will not be liable for any loss arising directly or indirectly out of our failure to take any action that falls outside the scope of work defined in any relevant Instruction letter.
We will not be liable for any loss arising directly or indirectly out of any events or circumstances beyond our control.
We will not be liable for any loss arising directly or indirectly out of our compliance with the overriding obligations imposed upon us by law, whether by way of bona fide disclosure of information by us to relevant authorities or otherwise.
We will not be liable for any loss arising directly or indirectly out of your failure to act entirely in accordance with our advice, or your omission to take any action properly required of you in the course of this matter.
We will not be liable for any loss arising directly or indirectly out of the quarantining (and thus omission to read) of any email communication containing a virus or other undesirable content.
We will not be liable for any loss caused directly or indirectly by the contamination by virus of any email sent by us to you. We will not be liable for any indirect or consequential losses.
These terms of engagement are governed by and interpreted in accordance with English law and the English Courts shall have jurisdiction to resolve any dispute between the surveyor and you.
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