Standard terms of engagement

1 The service

The surveyor provides only ‘the service described within the fee proposal, unless both parties agree in writing before the inspection that the surveyor will provide extra services. 

Any extra service will require separate terms of engagement to be entered into with the surveyor.

Examples of extra services include:

• plan drawing;

• schedules of works;

• re‐inspection;

• detailed specific issue reports;

• market valuation and reinstatement cost; and

• negotiation.

The survey level you have selected is detailed within the fee proposal document. The details for each of the survey levels are described below. Before you accept these terms, which form part of our fee proposal, you should satisfy yourselves that the level of survey is sufficient for your own needs. If we have advised you to undertake a higher or lower level of survey, this is based upon our own professional experience and knowledge. If you decide not to take our advice on survey level, this will be at your own risk.

A1 Survey level one

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 will 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.

A2 Survey level two

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 (typical examples include roof spaces, basements, and cellars). 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 will 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:

• complex buildings, for example those that have been extensively extended and altered

• 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. For example, a survey level two report on homes with traditional timber frames or those built much before 1850 is likely to be inconclusive and be of little use to the client or

• properties in neglected condition.

In such cases, a survey level two service will often result in numerous referrals for further investigations, an outcome that many clients find disappointing.

Where the client is planning to carry out extensive repair and refurbishment work in the future, we may give advice on suitable additional services.

A3 Survey level three

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 (typical examples include roof spaces, basements, and cellars).

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:

• describe the identifiable risk of potential or hidden defects in areas not inspected

• propose the most probable cause(s) of the defects based on the inspection

• outline the likely scope of any appropriate remedial work and explain the likely

consequences of non-repair

• make general recommendations in respect of the priority and likely timescale for

necessary work and

• give an indication of likely costs

Where we feel unable to reach the necessary conclusions with reasonable confidence, we may refer the matter for further investigations. However, at survey level three such referrals should be the exception rather than the rule. A survey level three report should aim to provide the client with all the information they need to make a decision.

This level of service will suit any domestic residential property in any condition depending on the competence and experience of the RICS member.

2 The Surveyor.

The service is to be provided by our Surveyor, Mr Simon Pinto, who is an AssocRICS member of the Royal Institution of Chartered Surveyors, Chartered Member of the Chartered institute of Building Engineers, and a Chartered Construction Manager with the Chartered Institute of Building, who has the skills, knowledge and experience to survey and report on the property.

Redstone Property Services Ltd is an independent firm of surveyors, we do not have any ties or interest in other companies or third parties and do not pay referral fees or other inducements for instructions.

3 Before the inspection:

This period forms an important part of the relationship between you and the surveyor. The

surveyor will use reasonable endeavours to contact you regarding your particular concerns about

the property and explain (where necessary) the extent and/or limitations of the inspection and

report. The surveyor also carries out a desk‐top study to understand the property better.

4 On Completion of Survey:

On completion of the survey, we will contact you the next working day to provide our initial

feedback. This will normally be via email unless you specifically request us to call you by

telephone.

We aim to complete the report as soon as possible after the survey, this is generally 7 to 10

working days between the survey and the issue of the full report, this is to allow us time to write

up the report and to carry out any further checks or research which may be required. This delay

may be extended if further information requested by us in relation to the survey is not provided

by you or your agents / legal advisors within this time frame. We may issue the report in draft

pending receipt of outstanding information.

4 Terms of payment:

You agree to pay the surveyor’s fee and any other charges agreed verbally or in writing and in line

with the terms of the fee proposal and in any case, prior to the date of the survey inspection unless otherwise agreed in writing.

5 Cancelling this contract:

You are entitled to cancel this contract by giving notice to us as set out in the fee

proposal document, or if the surveyor does not provide the service (and reports this to you as

soon as possible) if, after arriving at the property, the surveyor decides that:

(a) he or she lacks enough specialist knowledge of the method of construction used to build the

property; or

(b) it would be in your best interests to have an alternative or specialist survey carried out

If you cancel this contract as per the terms of the fee proposal, the surveyor will refund any

money you have paid for the service, except for any reasonable expenses. If the surveyor cancels

this contract, he or she will explain the reason to you.

Nothing in this clause shall operate to exclude, limit or otherwise affect your rights to cancel

under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulation

2013 or the Consumer Rights Act 2015, or under any such other legislation as may from time to

time be applicable. Entirely without prejudice to any other rights that you may have under any

applicable legislation, you are entitled to cancel this contract in writing by giving notice to the

surveyor’s office at any time before the day of the inspection, and in any event within fourteen

days of entering into this contract. Please note that where you have specifically requested that

the surveyor provides services to you within fourteen days of entering into the contract, you will

be responsible for fees and charges incurred by the surveyor up until the date of cancellation.

We reserve the right to reschedule the date and/or time of the inspection due to staff illness, operational issues, or other reason such as industrial action, inclement weather, or  government advice and shall do so with no liability to you or any other third party for costs or damages.

6 Liability – the report is provided for your use, and the surveyor cannot accept responsibility if it is

used, or relied upon, by anyone else. We cannot accept liability for any delays to legal or

conveyancing processes or timescales unless you have specifically informed us of these timescales, and we have agreed in writing to provide our report to meet these timescales.

‘The Royal Institution of Chartered Surveyors (RICS) recommends the use of liability caps to members as a way in which to manage the risk in survey work. Our aggregate liability arising out of, or in connection with this survey, whether arising from negligence, breach of contract, or any other cause whatsoever, shall in no event exceed £20,000.00 (twenty thousand pounds). This clause shall not exclude or limit our liability for actual fraud and shall not limit our liability for death or personal injury caused by our negligence.’

‘Our contract with you for the provision of this survey is subject to English law. Any dispute in relation to this contract, or any aspect of the survey, shall be subject to the exclusive jurisdiction of the courts of England and Wales, and shall be determined by the application of English law, regardless of who initiates proceedings in relation to the valuation.’

‘Our survey is provided for your benefit alone and solely for the purposes of the instruction to which it relates. Our survey may not, without our written consent, be used or relied upon by any third party, even if that third party pays all or part of our fees or is permitted to see a copy of our report. If we do provide written consent to a third party relying on our survey, any such third party is deemed to have accepted the terms of our engagement.’

Some of the information contained within our report is obtained from third party sources, where we cannot confirm the validity of this information, we will state this within the report. We cannot be held liable for incorrect information where we have drawn your attention to this.

Some of the information contained within our report may be based on assumptions. We cannot be held liable for incorrect information where we have drawn your attention to this and will generally recommend further investigation or mitigation where this is the case.

7.) Health and Safety ‐ Our primary concern on any survey is for the safety and security of

members of the public, our clients and our surveyors and staff.

We will provide access equipment to reach a maximum height from ground level of 3 metres. For

any areas beyond 3 metres, you should provide for our exclusive use, a safe means of access to

the areas to be surveyed. We reserve the right to refuse to survey any areas where this

requirement is not met or to reschedule the survey for another time.

We reserve the right to refuse the use any access equipment which we do not deem to be safe

means of access or which has not been erected in advance of our visit.

We carry with us high visibility clothing, hard hats and other personal protective equipment.

These are for the sole use of our surveyors, unfortunately we cannot provide these items to

clients, and if necessary, the client should provide their own.

We reserve the right to refuse to enter any sites or properties or areas which we deem to be

unsafe and have not been risk assessed and had mitigation procedures put in place to ensure safe

means of access.

You should inform us in advance if there are works being carried out at the property which may

result in us rescheduling the survey, such as asbestos removal or insecticide or other forms of

chemical treatments.

A rescheduled survey due to any of the above reasons will be charged as a late cancellation as per

our fee proposal, this charge may be waived at the discretion of the surveyor.

If no reschedule is required, the visit will be charged as a late cancellation.

8.) Complaints handling procedure

Redstone Property Services Ltd have an RICS‐compliant complaints handling procedure and will

give you a copy if you ask. The client will be fully responsible for the cost initiating any dispute

resolution process, including the cost of obtaining further reports.

Revision 3 ‐ Updated 16/04/2020

9.) Privacy

Redstone Property Services Ltd have a privacy policy when dealing with your personal data in line with GDPR regulations, which can be viewed on our website at www.redstonepropertyservices.co.uk/privacy-policy