Welsh Counties Surveys Ltd
4 St. Fagan’s Road, Fairwater, Cardiff. Company number 11961584
RICS Home Survey Level 3 : Terms & Conditions
1. Introduction
1.1. This document sets out the contractual terms upon which the Surveyor will advise the Client by means of a written report as to his or her opinion of the visible condition and state of repair of the Property.
1.2. The individual carrying out the inspection and providing advice will be a Surveyor qualified by the Royal Institution of Chartered Surveyors to carry out the work.
1.3. The Surveyor will use all of the care and skill to be reasonably expected of an appropriately experienced surveyor.
1.4. The Surveyor has the relevant knowledge, skills and understanding to undertake the survey competently.
2. Content of the Report - In accordance with these terms the Surveyor will report upon:
2.1. The main aspects of the Property including assessing the site/location, the design, structural framework, fabric and services.
2.2. The grounds, boundaries and environmental aspects considered to affect the Property.
2.3. Any requirements for further investigation arising from the inspection
3. Delivery of the Report
3.1. The Report is to be delivered by the date agreed or at such later date as is reasonable in the circumstances. General Company Policy is to return the report within 5 working days of the property inspection, by email, unless specified differently within either the instruction or acceptance, prior to the inspection. If the email address is wrongly provided or copied, the survey will be re-sent within 24 hours of the mistake being acknowledged.
3.2. The Surveyor will send the Report to the Client’s email address, or if requested, by first class post for the sole use of the Client. The Client agrees to keep the Report confidential, disclosing its contents only to the Client’s professional advisors or other agreed parties. In particular (but without limitation) the Client must not disclose the whole or any part of the Report to any person (other than a professional advisor) who may intend to rely upon it for the purpose of any transaction.
4. Payment of fees
4.1. Fees received in advance of completion of the report will not be held as client money and will not be subject to the protection of the RICS Client Money Protection Scheme.
4.2. The fee will be calculated by reference to a scale of charges that Welsh Counties Surveys Ltd have prepared.
4.3. These charges will need to be revised if it is found, on arrival at the property, that it differs substantially from the description previously given to the surveyor or it is outside the surveyor’s experience.
4.4. The report will not be released until we have received the full fee.
4.5. Valuation work is not carried out by Welsh Counties Surveys Ltd.
4.6. Welsh Counties Surveys Ltd has a Complaints Handling Procedure, that is available upon request.
4.7. The Client will pay the Agreed Fee, any Additional Fees, any VAT and any agreed disbursements upon issue of the report.
4.8. The client will be responsible for interest on any late payment at the rate of 8% p.a. above the Bank of England base rate current at the date of the relevant fee account.
4.9. The fee paid to the surveyor by the Client may include an element of introductory commission which the Surveyor will pay to a third party.
5. Unless otherwise expressly agreed, the Surveyor while preparing the Report will assume that:
5.1. The property (if for sale) is offered with vacant possession.
5.2. The Property is connected to mains services with appropriate rights on a basis that is known and acceptable to the Client.
5.3. Access to the Property is as of right upon terms known and acceptable to the Client.
6. Scope of the inspection
6.1. Generally
6.1.1. The Surveyor will consider his or her advice carefully but is not required to advise on any matter the significance of which in relation to the property is not apparent at the time of the inspection from the inspection itself.
6.1.2. The Surveyor will inspect diligently but is not required to undertake any action which would risk damage to the property or injury to their body.
6.1.3. The Surveyor will not undertake any structural or other calculations.
6.2. Accessibility
6.2.1 The Surveyor will inspect as much of the internal and external surface area of the building as is practicable but will not inspect those areas which are covered, unexposed or not reasonably accessible from within the site, or adjacent public areas.
6.2.2 The Surveyor is not required to move any obstruction to inspection including, but not limited to, furniture and floor coverings. The inspection is non-obtrusive.
6.3. Floors
6.3.1 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 cut or lift fixed floorboards without express permission of the owner.
6.4 Fixed covers or housings
6.4.1 The surveyor will not attempt to remove securely fixed covers or housings without the express permission of the owner.
6.5 Roofs
6.5.1 The Surveyor will inspect the roof spaces if there are available hatches which are not more than three metres above the adjacent floor or ground. Where no reasonable access is available, the roof spaces will not be inspected. Similarly, outer surfaces of the roof or adjacent areas will be inspected using binoculars but will be excluded if they cannot be seen.
6.6 Boundaries, grounds & outbuildings
6.6.1 The inspection will include boundaries, grounds and permanent outbuildings but will not include constructions or equipment with a specific leisure purpose including, without limit, swimming pools or tennis courts.
6.6.2 We cannot comment fully on areas that are concealed by vegetation growth, objects or buildings.
6.7. Services
6.7.1 The Surveyor will carry out a visual inspection of the service installations where accessible. Drainage inspection covers will be lifted where they are accessible and it is safe and practicable to do so. No tests of the service installations will be carried out unless previously agreed, although general overall comments will be made where possible and practicable. The Surveyor will report if it is considered that tests are advisable.
6.8. Areas not inspected
6.8.1 The Surveyor will identify any areas which would normally be inspected but which he or she was unable to inspect.
6.9. Flats or maisonettes
6.9.1 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 or particular block in which the subject flat is situated. Other flats will not be inspected. The Surveyor will state in the Report the limits of access and/or visibility in relation to the common parts and structure. The Surveyor will state whether he or she has seen a copy of the lease and, if not, the assumptions as to repairing obligations on which he or she is working.
6.10. Environmental & other issues.
6.10.1 Particular noise and disturbance affecting the Property will only be noted if it is significant at the time of the inspection or if specific investigation has been agreed between the Surveyor and the Client and confirmed in writing.
6.10.2 The Surveyor will report on any obvious health and safety hazards to the extent that they are apparent from elements of the Property considered as part of the inspection.
7 Hazardous materials
7.9 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 or her view, there
is likelihood that deleterious material has been used in the construction and specific enquiries should be made or tests should be carried out by a specialist.
7.10 Subject to clause 6.2 the Surveyor, based upon a limited visual inspection, will note and advise upon the presence of lead water supply pipes.
7.11 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.
7.12 The Surveyor will advise if there are transformer stations or overhead power lines which might give rise to an electromagnetic field, either over the subject Property or visible immediately adjacent to the Property. The Surveyor is not required to assess any possible effect on health or to report on any underground cables.
7.13 Asbestos was commonly used in building materials up to the end of the 20th century, by which time it became a banned substance. Asbestos is not usually harmful unless the fibres can be released into the air by it becoming damaged or showing signs of wear. It is not possible to identify whether asbestos fibres are contained in a building material without a specialist test. Because asbestos was used in such a wide diversity of materials it is impossible to identify all the materials that may contain asbestos and it is beyond the scope of this report to test for asbestos. If you are concerned, then you should commission a test for asbestos.
7.14 This report will not identify moulds that could be harmful to health. If mould is present at the time of inspection, then it will be recorded and you will need to arrange your own test.
7.15
8. Ground conditions
8.1 The Surveyor will not be required to comment upon the possible existence of noxious substances, landfill or mineral extraction, or other forms of contamination.
9. Consents, approvals & searches
9.1 The Surveyor will be entitled to assume that the Property is not subject to any unusual or onerous restrictions, obligations or covenants which apply to the Property or affect the reasonable enjoyment of the Property.
9.2 The surveyor will be entitled to assume that all planning, Building Regulations and other consents required in relation to the Property have been obtained. The Surveyor will not verify whether such consents have been obtained. Any enquiries should be made by the Client or the Client’s legal advisers. Drawings and specifications will not be inspected by the Surveyor unless otherwise previously agreed.
9.3 The Surveyor will be entitled to assume that the Property is unaffected by any matters which would be revealed by a Local Search 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.
10. Additional services
10.1.1 The Surveyor will provide, for an additional fee, such additional services as may be specified in the Specific Terms or are agreed between the Surveyor and the Client and confirmed by the Surveyor in writing.
11. Miscellaneous
11.1.1 In the event of a conflict between these General Terms and the Specific Terms, the Specific Terms prevail.
11.2 Unless expressly provided, no term in the agreement between the Surveyor and the Client is enforceable under the Contracts (Rights of Third Parties) Act 1999 by any person other than the Surveyor or the Client.
11.3 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 owner’s consent, the Client will indemnify the Surveyor against any loss or cost arising.
11.4 Dispute Resolution In the event that the Client has a complaint regarding the standard of service he or she has received, a formal complaints handling procedure will be followed. A copy of the Surveyor’s complaints handling procedure is available upon request. Using the Surveyor’s complaints handling procedure will not affect the Client’s legal rights.
11.5 The Client may only rely upon the Surveyor’s advice and Report for purposes described in the Particulars or communicated to the Surveyor in writing prior to the agreement of the Fee and if the client wishes to rely upon such advice and Report for any other purpose he or she may only do so with the written consent of the Surveyor.
11.6 All surveys will be completed in compliance of industry standards and RICS specifications
11.7 The Firm’s entire financial liability is hereby limited to a minimum of £1,000,000.
12. Right to cancel (not applicable to professional or lender clients)
12.1 You have the right to cancel this contract within 14 days without giving any reason.
12.2 The cancellation period will expire after 14 days from the date that you receive this agreement; this is known as the ‘cooling-off’ period.
12.3 To exercise the right to cancel, you must inform us in writing, or by email, of your decision to cancel this contract.
12.4 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
12.5 This does mean that we are unable to undertake the inspection of the property before the expiration of 14 days from the date that you receive these Terms of Engagement. If you would like us to undertake the inspection before the expiration of the cooling-off period, then you must confirm by email, writing, or clicking the acceptance link on our email. That confirms you will be liable for the full payment of our fee and not eligible for any refund even if you wish to terminate the contract. This does not affect any of your normal consumer rights.
