Terms and Conditions of Engagement that applies to ALL commissions
Application and entire agreement
1. These Standard Terms and Conditions apply to the provision of the services detailed in our quotation (Services) by C W Johnson Limited a company registered in England and Wales under number 11587075 whose registered office is 2 Station Road, Brundall, Norwich, NR13 5LA (we or us or Service Provider) to the person buying the services (you or Customer or Employer).
2. You are deemed to have accepted these Terms and Conditions when you accept our quotation or from the date of any performance of the Services (whichever happens earlier) and these Terms and Conditions and our quotation (the Contract) are the entire agreement between us.
3. You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
Identities of Contracting Parties
4. You are entering into a contract with C W Johnson Limited. Apart from the liability of C W Johnson Limited as a firm, no personal responsibility is accepted by any of the Shareholders, Directors or Employees of the firm and no personal duty of care or other personal contractual obligation is accepted.
Interpretation
5. A "business day" means any day other than a Saturday, Sunday or bank holiday in England and Wales.
6. The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.
7. Words imparting the singular number shall include the plural and vice-versa.
Services
8. We warrant that we will use reasonable care and skill in our performance of the Services which will comply with the quotation passing between C W Johnson Limited and the Employer, including any specification in all material respects. We can make any changes to the Services which are necessary to comply with any applicable law or health and safety requirement, and we will notify you if this is necessary.
9. We will use our reasonable endeavor’s to complete the performance of the Services within the time agreed or as set out in the quotation; however, any such dates shall be estimates only and time shall not be of the essence in the performance of our obligations.
10. All of these Terms and Conditions apply to the supply of any goods as well as Services unless we specify otherwise.
11. C W Johnson Limited are registered with the Royal Institution of Chartered Surveyors (‘RICS’) and are Regulated by RICS. C W Johnson Limited undertake to comply with the RICS Rules for Firms and Rules for Members.
Your obligations
12. You must obtain any permissions, consents, licences or otherwise that we need and must give us access to any and all relevant information, materials, properties and any other matters which we need to provide the Services.
13. If you do not comply with clause 10, we can terminate the Services.
14. We are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with the provisions of this section (Your obligations).
Fees
15. The fees (Fees) for the Services are set out in the quotation and are on a fixed fee, time and materials basis. The fees payable to C W Johnson Limited shall be the amount stated in correspondence between C W Johnson Limited and the Employer.
16. In addition to the Fees, we can recover from you a) reasonable incidental expenses including, but not limited to, travelling expenses, hotel costs, subsistence and any associated expenses, b) the cost of services provided by third parties and required by us for the performance of the Services, and c) the cost of any materials required for the provision of the Services.
17. Fees are inclusive of reasonable levels of postage but C W Johnson Limited reserve the right to charge for addition costs for special delivery, courier or similar at the cost to us.
18. You must pay us for any additional services provided by us that are not specified in the quotation in accordance with our then current, applicable hourly rate in effect at the time of performance or such other rate as may be agreed between us. The provisions of clause 15 also apply to these additional services.
19. The Employer undertakes to make direct payment to the respective authorities for the total cost of all applications fees (‘application fees’) for statutory matters including but not limited to planning and building regulations. C W Johnson Limited will only make payment for application fees on the Employers behalf where we are in receipt of cleared funds to the required level, prior to us making the application.
20. All fees quoted or otherwise payable are exclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority, and which will be added in accordance with current legislation. The current VAT position of C W Johnson Limited can be confirmed by contacting the company.
21. Payments may be made where a third party referral agreement is in place.
22. Where fees are taken in advance these do not constitute client money and therefore such a payment is not subject to the rules of the RICS Client Money Protection Scheme.
Cancellation and amendment
23. We can withdraw, cancel or amend a quotation if it has not been accepted by you, or if the Services have not started, within a period of 30 days from the date of the quotation, (unless the quotation has been withdrawn).
24. Either we or you can cancel an order for any reason prior to your acceptance (or rejection) of the quotation.
25. If you want to amend any details of the Services you must tell us in writing as soon as possible. We will use reasonable endeavor’s to make any required changes and additional costs will be included in the Fees and invoiced to you.
26. If, due to circumstances beyond our control, including those set out in the clause below (Circumstances beyond a party's control), we have to make any change in the Services or how they are provided, we will notify you immediately. We will use reasonable endeavors to keep any such changes to a minimum.
27. If the Employer sells suspends or abandons the project to which the services for our commission relate after engaging C W Johnson Limited, then C W Johnson Limited’s appointment may be suspended or terminated on the expiry of not less than 14 days written notice. Upon suspension or termination, C W Johnson Limited will be entitled to a payment in respect of the services that have been rendered up to the time that the said notice expires on a pro rata or quantum meruit basis at C W Johnson Limited’s option. In addition to the above, C W Johnson Limited will be entitled to be reimbursed for all expenses and disbursements incurred or to be incurred or obligations entered into or to be entered into in connection with the performance of the services and to a further payment representing loss of profit to C W Johnson Limited on the balance of the services due to have been performed under the contract.
28. C W Johnson Limited shall be entitled to terminate its obligations to perform the services by giving written notice to the Employer should the Employer default in its obligations. If the appointment of C W Johnson Limited is terminated pursuant to this condition C W Johnson Limited shall be entitled to a payment from the Employer calculated on the basis set out in the paragraph above. Termination shall be without prejudice to any other rights and remedies of the parties.
Payment
29. We will invoice you for payment of the Fees either:
a. when we have completed the Services; or
b. on the invoice dates set out in the quotation.
30. You must pay the Fees due within 14 days of the date of our invoice or otherwise in accordance with any credit terms agreed between us.
31. Time for payment shall be of the essence of the Contract.
32. Without limiting any other right or remedy we have for statutory interest, if you do not pay within the period set out above, we will charge you interest at the rate of 8% per annum above the base lending rate of the Bank of England from time to time on the amount outstanding until payment is received in full. If you are a business then interest and penalties will be applied as per the Late Payment of Commercial Debts (Interest) Act 1998 and subsequent regulations.
33. All payments due under these Terms and Conditions must be made in full without deduction or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
34. If you do not pay within the period set out above, we can suspend any further provision of the Services and cancel any future services which have been ordered by, or otherwise arranged with, you.
35. Receipts for payment will be issued by us only at your request.
36. All payments must be made in British Pounds unless otherwise agreed in writing between us.
37. When settling our fee account, payments should be sent to our office account:
a. PAYMENTS BY BACS
Bank: Details available upon request
Sort Code: Details available upon request
Account: Details available upon request
Please use the invoice number as the payment reference on any BACS payments made.
b. PAYMENTS BY CHEQUE
Made payable to C W Johnson Limited
Please forward any cheques to 2 Station Road, Brundall, Norwich, Norfolk, NR13 5LA
Please write the invoice number on the reverse of all cheques.
Sub-Contracting and assignment
38. We can at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under these Terms and Conditions and can subcontract or delegate in any manner any or all of our obligations to any third party.
39. You must not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under these Terms and Conditions.
Complaints handling
40. C W Johnson Limited are regulated by the Royal Institution of Chartered Surveyors (RICS) and operate a complaints handling procedure as required by the RICS Rules of Conduct for Firms. Any concerns about your instruction, or if you are dissatisfied about the level of service rendered should be reported in accordance with this procedure which is available upon request.
Termination
41. We can terminate the provision of the Services immediately if you:
a. commit a material breach of your obligations under these Terms and Conditions; or
b. fail to make pay any amount due under the Contract on the due date for payment; or
c. are or become or, in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; or
d. enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors; or
e. convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part of them, any documents are filed with the court for the appointment of an administrator in respect of you, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency.
Intellectual property
42. We reserve all copyright and any other intellectual property rights which may subsist in any goods supplied in connection with the provision of the Services. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.
43. The Employer shall have a royalty free non exclusive licence to use any documents for the purpose for which they were prepared providing all fees properly due have been paid.
Liability and indemnity
44. Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort (including negligence), and in contract, and in misrepresentation or otherwise, shall be limited as set out in this section.
45. The total amount of our liability is limited to the total amount of our Fees payable by you under the Contract.
46. We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotation for:
a. any indirect, special or consequential loss, damage, costs, or expenses or;
b. any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; or
c. any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or
d. any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or
e. any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services.
47. You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees.
48. Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession, or for any other matters for which it would be unlawful to exclude or limit liability.
49. Unless otherwise agreed in writing the period of liability for C W Johnson Limited shall be limited to three years from practical completion or completion of the project.
Circumstances beyond a party's control
50. Neither of us is liable for any failure, delay or restriction in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, viruses, toxic mould, asbestos or materials containing asbestos, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried out under these Terms and Conditions.
Collateral Warranty
51. Where we are asked to enter into collateral warranty agreements benefiting one third party, not a party to the contract to which this document refers, we will do so, subject to our insurers approval. Our agreement to accept a collateral warranty will be subject to negotiation of the terms and to payment of our additional fee to cover our additional costs and expenses. The additional fee is to be agreed based upon the specific detail of each collateral warranty arrangement.
Data Protection
52. When supplying the Services to the Customer, the Service Provider may gain access to and/or acquire the ability to transfer, store or process personal data of employees of the Customer.
53. The parties agree that where such processing of personal data takes place, the Customer shall be the 'data controller' and the Service Provider shall be the 'data processor' as defined in the General Data Protection Regulation (GDPR) as may be amended, extended and/or re-enacted from time to time.
54. For the avoidance of doubt, 'Personal Data', 'Processing', 'Data Controller', 'Data Processor' and 'Data Subject' shall have the same meaning as in the GDPR.
55. The Service Provider shall only Process Personal Data to the extent reasonably required to enable it to supply the Services as mentioned in these terms and conditions or as requested by and agreed with the Customer, shall not retain any Personal Data longer than necessary for the Processing and refrain from Processing any Personal Data for its own or for any third party's purposes.
56. The Service Provider shall not disclose Personal Data to any third parties other than employees, directors, agents, subcontractors or advisors on a strict 'need-to-know' basis and only under the same (or more extensive) conditions as set out in these terms and conditions or to the extent required by applicable legislation and/or regulations.
57. The Service Provider shall implement and maintain technical and organisational security measures as are required to protect Personal Data Processed by the Service Provider on behalf of the Customer.
58. Further information about the Service Provider's approach to data protection are specified in its Data Protection Policy, which can be found on our website. For any enquiries or complaints regarding data privacy, you can contact Director at the following e-mail address: cwjsurveyors@outlook.com
Marketing
59. We may contact you in the future in relation to the service, which we offer. Unless we hear from you to the contrary, we will assume that you have no objection to this.
60. Unless we hear from you to the contrary, acceptance of our quotation includes your consent for C W Johnson Limited to utilise any material collated with the scope of our instruction (including but not limited to photographs) to be used in its marketing activities, both printed and electronic (including social media). Where at all possible, such material will be presented with anonymity to the Employer, but the ability to offer this anonymity will be subject to the content of the individual material. We will assume that you have no objection to this.
Communications
61. All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
62. Notices shall be deemed to have been duly given:
a. when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;
b. when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;
c. on the fifth business day following mailing, if mailed by national ordinary mail; or on the tenth business day following mailing, if mailed by airmail.
63. All notices under these Terms and Conditions must be addressed to the address stated in clause 65.
No waiver
64. No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right, or remedy.
Severance
65. If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
Law and jurisdiction
66. This Agreement between the Employer and C W Johnson Limited shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
67. C W Johnson Limited registered in England and Wales, company number 11587075. Registered office: 2 Station Road, Brundall, Norwich, Norfolk, NR13 5LA which is the address for delivery of all notices.
Royal Institution of Chartered Surveyors (RICS)
68. C W Johnson Limited is regulated by RICS for the provision of surveying services (Firm registration number 844214). This means we agree to uphold the RICS Rules of Conduct for Firms and all other applicable mandatory professional practice requirements of RICS, which can be found at www.rics.org. As an RICS regulated firm we have committed to cooperating with RICS in ensuring compliance with its standards. The firm’s nominated RICS Responsible Person is Mr C W Johnson BSc (Hons) MRICS, Director, who can be contacted on the details at the head of these Terms and Conditions of Engagement.
69. As an RICS regulated firm our files may be subject to monitoring and will need to be provided to RICS upon request.
Terms and Conditions of Engagement that applies to Survey commissions
When these terms apply
1. These specific terms of business (‘the Specific Terms’) apply where C W Johnson Limited (‘the Company’) provide a service to a client that relates to a survey. The specific terms are supplemental to the Standard Terms and Conditions.
Scope of service
2. The scope of service is as set out in the quotation letter issued by C W Johnson Limited. Unless specifically defined otherwise in the quotation letter, the scope of service provided will mean an inspection and assessment of the construction and condition of a building in accordance with the option defined in clause 8, and the report will be a general overview prepared in the context of the clients current or proposed legal interest in the building, and its existing use and condition at the time of inspection.
3. C W Johnson Limited has no responsibility for anything that is beyond the scope of services so defined. In particular, unless agreed in writing to the contrary, C W Johnson Limited, has no obligation to provide nor liability for the following services:
a. Negotiating with any party in respect of the sale or acquisition.
b. Undertaking a building reinstatement cost assessment for insurance purposes.
c. Undertaking an environmental survey.
d. Undertaking an asbestos survey.
e. Undertaking a health and safety audit
f. Undertaking a fire risk assessment.
g. Undertaking a disabled access audit.
h. Undertaking an energy performance assessment (EPC)
i. Monitoring and inspection of works being undertaken.
j. Preparing feasibility studies or writing specifications.
k. Undertaking an assessment of a landlord or tenant’s dilapidations liability under a lease.
l. Preparing a schedule of condition.
4. The survey will be carried out by a member of the Royal Institution of Chartered Surveyors (RICS) who is an experienced Chartered Surveyor. It is only suitable for properties located in England or Wales.
5. This report has been prepared by the Surveyor merely in his or her capacity as an employee or agent of a firm or company or other business entity (‘the Company’). The report is the product of the Company, not of the Surveyor. All of the statements and opinions contained in this report are expressed entirely on behalf of the Company, which accepts sole responsibility for these. For his or her part, the Surveyor assumes no personal financial responsibility or liability in respect of the report and no reliance or inference to the contrary should be drawn.
6. This document forms the basis of an agreement between you and your Surveyor and is designed to make you aware of what the Surveyor will and will not do when carrying out a Survey. It also outlines some of the assumptions that he or she will make in the report. If there are any points that you do not understand or would like to clarify, it is important that you contact your Surveyor before confirming your instructions.
The report format
7. The survey will include advice on the general condition of the property. The report format is divided into numbered sections and will comment upon those major defects and shortcomings that might affect your decision to purchase. Close to the beginning, the report includes the “Surveyor’s Overall Opinion”, which is a general overview of the property. At the end, the “Summary of Condition and Recommendations” brings together the most important findings under three headings:
a. Urgent Repairs: These are matters that in the opinion of the Surveyor should be remedied as soon as possible after you have completed the purchase of the property.
b. Matters Requiring Further Investigation: These are matters that in the opinion of the Surveyor will require further investigation before you make a legal commitment to the purchase.
c. Maintenance Issues: These are items that in the opinion of the Surveyor do not have an immediate impact on the performance of the building but which may prove to be a significant future liability and which could affect purchase negotiations, in the Surveyor’s opinion.
Levels of Survey
8. The RICS define three levels of survey:
a. A1 Survey Level 1
This service is designed for clients (buyers, sellers and owners) seeking a professional and objective report on the condition of the property at an economic price. As a result, it is less comprehensive than survey level two and survey level three. This level of service includes a visual inspection that is less extensive than for the other survey levels. No tests of the building fabric or services are undertaken. The report objectively describes the condition of the building, its services and the grounds. It highlights relevant legal issues and any obvious risks to the building, people or grounds. The report is succinct and provides an assessment of the relative importance of the defects and problems. Where the surveyor is unable to reach a conclusion with reasonable confidence, a recommendation for further investigation should be made. A survey level one report does not include advice on repairs or ongoing maintenance and this, combined with the less extensive inspection, usually means it is better suited to conventionally built, modern dwellings in satisfactory condition. It will not suit older or complex properties, or those in a neglected condition.
b. A2 Survey Level 2
This level of service is for clients who are seeking a professional opinion at an economic price. It is, therefore, less comprehensive than a level three service. The focus is on assessing the general condition of the main elements of a property. This intermediate level of service includes a more extensive visual inspection of the building, its services and grounds, but still without tests. Concealed areas normally opened or used by the occupiers are inspected if it is safe to do so. The report objectively describes the condition of the different elements and provides an assessment of the relative importance of the defects/problems. At this level, although it is concise, the report does include advice about repairs and any ongoing maintenance issues. Where the surveyor is unable to reach a conclusion with reasonable confidence, a recommendation for further investigations should be made. This level of service suits a broader range of conventionally built properties, although the age and type will depend on the knowledge and experience of the RICS member.
This level of service is unlikely to suit:
i. complex buildings, for example those that have been extensively extended and altered
ii. unique or older historic properties – although survey level two services may be appropriate for some older buildings, the decision will depend on the RICS member’s proven competence and knowledge and the nature of the building itself.
iii. properties in neglected condition.
In such cases, a survey level two service will often result in numerous referrals for further investigations. Where the client is planning to carry out extensive repair and refurbishment work in the future, the RICS member should give advice on suitable additional services.
c. A3 Survey Level 3
This level of service is for clients who are seeking a professional opinion based on a detailed assessment of the property. The service consists of a detailed visual inspection of the building, its services and the grounds and is more extensive than a survey level two. Concealed areas normally opened or used by the occupiers are inspected if it is safe to do so. Although the services are not tested, they are observed in normal operation – in other words, they are switched on or off and/or operated where the occupier has given permission and it is safe to do so. The report objectively describes the form of construction and materials used for different parts of the property. It describes the condition and provides an assessment of the relative importance of the defects/problems. Additionally, it should:
i. describe the identifiable risk of potential or hidden defects in areas not inspected
ii. propose the most probable cause(s) of the defects based on the inspection
iii. outline the likely scope of any appropriate remedial work and explain the likely consequences of non-repair
iv. make general recommendations in respect of the priority and likely timescale for necessary work. No costings are included. Where an RICS member feels unable to reach the necessary conclusions with reasonable confidence, they should refer the matter for further investigations. This level of service will suit any domestic residential property in any condition depending on the competence and experience of the RICS member.
C W Johnson Limited offer two levels of survey which will have been explained to you at initial enquiry:
- A2 Survey Level Two – Home Survey
- A3 Survey Level Three – Building Survey
If you are in doubt as to which survey type is the most suitable, you should discuss this with your Surveyor before confirming your instructions.
The Surveyor’s liability
9. The report is confidential to you and your immediate professional advisers. No liability to third parties can be accepted under any circumstances. Furthermore, the report is not to be used for the purposes of obtaining mortgage funding or loans. The report may not be published or reproduced in any way without the prior written approval of the Surveyor.
10. Before a legal commitment is made to purchase the property (i.e. before you exchange contracts) you must obtain quotations for any remedial works recommended by the Surveyor and must take any other action recommended in the report. Any verbal or other information given by the Surveyor before you receive the full report should not be construed as a representation or warranty and should not be acted upon. If you decide to exchange contracts before you receive the full, written report, you will do so at your own risk and must accept any future consequences.
11. Where the Surveyor contacts the Client by telephone prior to the issue of the report, the conversation is strictly on a without prejudice basis and the full written report should be referred to before committing to purchase.
The scope of the survey
12. The survey demands a sensitive and practical approach in order to limit intrusion to what is reasonable and to avoid causing damage for which the Surveyor might become liable. Consequently, the Surveyor will not move large or heavy items of furniture, or lift fitted floor coverings, will not take up floorboards and will not move/remove stored items from cupboards or roof voids. The Surveyor will not make holes in walls or internal plaster and will not open up hatches that are fixed with screws, seized or sealed with paint. Within the scope of the survey, no comments will be made in respect of any parts of the property that cannot reasonably be inspected or where inspection would put the Surveyor at risk of personal injury. Any particular difficulties or restrictions in carrying out the survey will be referred-to in the report. Where the Surveyor is unable to reach a conclusion with reasonable confidence, a recommendation for further investigation may be necessary.
The Surveyor WILL:
a. Undertake a general, surface inspection of those parts of the property that are reasonably accessible. In this context, reasonably accessible means visible and readily available for inspection from ground and upper floor levels, without endangering the safety of the Surveyor and without damaging the property. Roof spaces of houses and bungalows and flat roofs will be inspected, if safe and ready access is possible, using a three-metre Surveyor’s ladder. In recent years, the lofts of many homes have been insulated using thick insulation material. Usually, it is not safe to walk on the ceiling joists when this material is in place and it may therefore restrict inspection of the roof space, as a result.
b. Inspect the exterior of the building from ground level; both from within the boundaries of the property and from any immediately adjacent public areas, using binoculars and, where necessary, with the use of a three-metre ladder. The interior will be inspected within the limitations referred to later in this document.
c. Attempt to open a sample of the windows and doors (assuming keys are available to any locks). For example, this might include one on each side of the dwelling or one of each window or door type, where there is a variety.
d. Lift drainage standard, lightweight manhole covers, where these are readily accessible and where it is safe and possible to do so without the use of specialist lifting equipment and without causing damage or risking injury. Covers fixed with screws or bolts will not be lifted. See also the notes relating to flats, below.
e. Inspect and provide general comments on the visible parts of the gas, electrical, heating, water and drainage installations, including water storage tanks and boilers where it is reasonable and practicable to do so. However, the Surveyor will not test the service installations, gas appliances, stoves, fireplaces, kitchen appliances, etc. and will not confirm whether they are serviceable or compliant with the relevant Regulations. If the Surveyor identifies or suspects an obvious problem or defect, advice will be given as to what action should be taken.
f. Inspect paths, drives, fences, walls (including earth-retaining walls) etc., and permanent outbuildings such as garages. Comments will be made in relation to any trees or plants that might adversely impact upon the property.
g. Inspect buildings with swimming pools and other sports facilities that are treated as permanent outbuildings, but the Surveyor will not comment on leisure facilities such as swimming pools as these are subject to specialist inspection by other competent persons, and fall outside of the scope of this instruction.
The Surveyor WILL NOT:
a. Open up or inspect parts of the building that are covered, unexposed or inaccessible such as sub-floor voids and internal sloping soffits or loft conversions, and the Surveyor will not remove or disturb insulating material within the roof void.
b. Raise fitted or fixed-down floor coverings.
c. Move furniture or remove the contents of cupboards.
d. Test the services (including the electrical, gas, heating, water and drainage systems, kitchen appliances, etc.).
e. Carry out excavations to expose foundations or open-up wall cavities and expose cavity wall ties.
f. Examine temporary structures or leisure facilities such as sheds, greenhouses and swimming pools or other garden features unless specific alternative instructions are given by the client, in writing.
g. Test fireplaces, fires or the internal parts of chimney flues or flue liners, unless specifically stated in the report.
h. Make enquiries concerning mining, land stability, contamination and other environmental issues. If the Surveyor suspects there to be an issue, further enquiries may be recommended.
i. Carry out tests for radon or other naturally occurring gases.
j. Carry out an asbestos survey and will not be acting as an asbestos inspector within the meaning of The Control of Asbestos in the Workplace Regulations 2012, SI 2012 No. 632. Advice on asbestos is beyond the scope of the ISVA Home Survey but if the Surveyor believes that Asbestos Containing Materials may be present in the property, this will be reported and advice given as to what action should be taken. 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 an effective Management Plan are in place, which do not require any immediate expenditure, and that the materials do not pose a significant risk to health. No enquiries of the Duty holder will be made.
k. Provide any costings or obtain quotations from building contractors.
l. Undertake any valuations of buildings, property or land, including for the purpose of mortgage lending and market value appraisals.
m. Undertake any structural calculation or other calculations.
n. Verify compliance with Building Regulations, Town and Country Planning Acts or regulations concerning Conservation Areas and Listed Buildings, unless specifically instructed in writing to do so.
o. Assess whether the property complies with statutory requirements and the Surveyor shall not be liable in this regard, and no enquiries will be made with any statutory or other regulatory authority.
p. Any comments on the possible presence of potentially deleterious materials, as set out below, will be based on our visual inspection only. We will not arrange intrusive inspections or specialist sampling or testing of suspected materials unless so instructed.
a. High Alumina Cement
b. Woodwool slabs as permanent formwork to structural concrete
c. Calcium Chloride admixtures in concrete
d. Asbestos or asbestos based products
e. Aggregates for use in reinforced concrete which do not comply with British Standards Specification 882 1983 and aggregates for use in concrete which do not comply with British Standards Specification 8110 1985
f. Urea-formaldehyde foam or materials, which may release formaldehyde in quantities, which may be hazardous
g. Calcium silicate bricks or tiles
h. Concrete that might be susceptible to alkali-silicate reaction
i. Any product which contains or uses in its manufacture Montreal Listed CFC gases, (e.g. Halon, R22 Refrigerant etc)
j. Materials containing fibre of less than 3 microns diameter, (e.g. mineral fibre quilts)
k. Brick slips
l. Above ground lead pipeworks to drinking water supplies
Flats
13. In the case of flats, only those parts of the exterior of the building which contain the subject flat or which are immediately above, below or adjacent will be inspected. General comments only will be given in respect of the block as a whole.
14. Unless otherwise agreed by the Surveyor, a roof space will only be inspected if this is safely and readily accessible from a hatch that is inside the subject flat.
15. General comments will be made in respect of any common areas such as staircases and hallways but only where they are used to obtain access to the subject flat. Communal services such as lifts, drains, security/fire alarm systems, lighting and heating will not be tested. Unless otherwise stated in the report, drainage inspection covers will not be lifted. Shared leisure facilities such as swimming pools, tennis courts will be noted but will not be reported upon.
Your legal adviser’s duties
16. In addition to his/her other duties, it will be the responsibility of your legal adviser to:
a. Confirm the type of tenure and to verify whether there are any onerous or restrictive covenants.
b. Check that Building Control Approvals and Planning Permissions have been obtained in relation to any alterations, extensions, etc.
c. Obtain an environmental search
d. In the case of flats, to make the necessary enquiries of the freeholder or Management Company, if any, to confirm the length of the lease, the amount of any ground rent and service charge and to identify all services included in the service charge (e.g. external maintenance, cleaning of communal areas, buildings insurance, management fees etc.).
e. In the case of flats, to make enquiries of the freeholder or Building Managers, to confirm whether any works are proposed, towards which you will be required to make a financial contribution.
f. In the case of flats, to provide legal advice on and interpretation of the lease.
17. It will be your responsibility to liaise with your legal adviser and to notify the Surveyor of any material facts that conflict with any assumptions made here or in the report, prior to making a legal commitment to the purchase. Such matters might have an adverse effect on any valuation given or on future saleability.
18. The Surveyor does not act as the legal advisor and does not comment on legal documents. If during the inspection the Surveyor identifies issues that your legal advisor may need to investigate further, these will be pointed out.
The Surveyor’s assumptions
19. Unless otherwise stated in the report, the Surveyor will assume that:
a. No significant defects would be revealed by later exposure/inspection of those areas that could not be inspected.
b. No hazardous materials or building techniques have been employed in the construction of the property (or in subsequent alterations), such as high alumina cement concrete, calcium chloride additives, asbestos or other potentially deleterious material such as meta-sedimentary aggregates and mundic.
c. There is no contamination in or from the ground and that the ground is not land-filled or subject to slippage.
d. Furnishings and removable fittings are to be excluded from any inspection.
e. The property is not being sold with sales incentives of any kind.
f. The use or proposed use of the property is lawful.
g. That the property is not subject to any particularly onerous or unusual restrictions or any matters that might be revealed by the usual legal enquiries.
h. That all necessary planning permissions, building control and other approvals have been obtained and complied with, in relation to the property and alterations, extensions, etc.
i. The property has the right to use the mains services, on normal terms.
j. That the roads and sewers serving the property are adopted by the local authority.
k. That buildings insurance is available on standard terms.
l. The property is offered with vacant possession.
m. In the case of a leasehold property the lease relating to the property is held on fully repairing and insuring terms.
n. Any opinion expressed relating to legal matters including opinions about the provisions of any leases will be the opinion of the Surveyor, and such opinions should not be relied upon unless confirmed by a Solicitor or Legal Advisor.
In relation to flats, the Surveyor will also assume that:
20. Where there are six or more flats in the building, the property is professionally managed by the freeholder or by a managing agent.
a. The lease has at least 70 years still to run.
b. All the leases are the same in all important respects, if there is more than one leaseholder.
c. The lease provides rights of access over all communal roadways, corridors, stairways etc; as well as rights to use any communal grounds, parking areas, and other facilities.
d. The building is comprehensively insured on a block policy and that the sum insured has been calculated by a Chartered Quantity Surveyor (or other suitably qualified person).
e. There are no onerous terms in the lease that might affect the value of the property - and that the ground rent is small.
f. There are no ongoing disputes, claims or lawsuits between the building managers, freeholder or leaseholders, which could affect your future use and enjoyment of the property, its saleability or the smooth running of the development.
g. The costs of repairs to the building are shared among the lessees on an equitable basis.
Complaints handling procedure
21. The Surveyor will operate a complaints procedure and will supply a copy, upon request.
A copy of our standard terms and conditions of engagement is available in other formats by contacting the company here.