Terms and Conditions
a) 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. The Surveyor will be a member of the CIOB, RICS or any other relevant construction-related body. The Surveyor will use all of the due care and skill to be reasonably expected of an appropriately qualified person.
b) The survey takes the form of a non-invasive appraisal of the main structure, including roofs, walls, and floors and finishes both internal and external and followed by a report expressing an opinion on the condition and recommending the extent of any necessary repairs and significant future maintenance requirements. It should be noted that the appraisal will not include an exhaustive list of every defect, only those deemed to be significant as they affect the Property and no excavations will be made; therefore, no comment will be made on concealed elements.
c) In accordance with these terms the Surveyor will undertake a non-invasive survey and report upon: The main aspects of the Property including assessing the site/location, the design, structural framework, fabric and services, the grounds, boundaries and environmental aspects considered to affect the Property. Any requirements for further investigation arising from the inspection will be stated in the report.
d) The Surveyor will send the Report for the sole use of the Client. The Client agrees to keep the Report confidential disclosing its contents only to the Clients legal advisors. In particular (but without limitation) the Client must not disclose the whole or any part of the Report to any person (other than a legal advisor) who may intend to rely upon it for the purpose of any transaction, without prior agreement.
e) The Client will pay the agreed fee, any additional fees, any VAT and any agreed disbursements by the payment date. The Client will be liable for the interest on any late payment at the rate of 10% p.a. above the Bank of England base rate current at the date of the relevant fee account.
f) Unless otherwise expressly agreed the Surveyor while preparing the Report will assume that: The property (if for sale) is offered with vacant possession, the Property is connected to the mains services with appropriate rights on the basis that is known and acceptable to the Client and access to the Property is as of right upon terms known and acceptable to the Client.
g) 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.
h) The Surveyor will inspect diligently but is not required to undertake any action which would risk damage to the Property or its contents or injury to him – or herself. The Surveyor will not undertake any structural or other calculations, nor will the report include an exhaustive list of every defect in the Property.
i) The Surveyor will inspect as much of the internal and external surface area of the building as is reasonably practicable but will not inspect those areas which are covered, unexposed or not reasonably accessible from within the site or adjacent public areas.
j) The Surveyor is not required to move any obstruction to inspection including, but not limited to, furniture, insulation, plaster and floor coverings. No comment can be made on the efficiency of chimneys or the condition of concealed flues.
k) The Surveyor will lift where possible loose carpets and floorboards and trap doors, if any, which are not covered by furniture, contents, plasterboard, plyboard or hardboard, fitted carpets or other fixed floor coverings. The Surveyor will not attempt to cut or lift fixed floorboards. The Surveyor will also not attempt to remove securely fixed covers or housings without the express permission of the owner in writing and in advance.
l) The Surveyor will inspect the roof space(s) if there are available hatches which are not more than three metres above the adjacent floor or ground, and it is safe to do so: the surveyor will not crawl into loft spaces or any confined space. Where no reasonable access is available, the roof spaces will not be inspected. Similarly, the outer surfaces of the roof or adjacent areas will be inspected from ground level but will be excluded if they cannot be seen. The inspection will include boundaries and grounds up to one acre and permanent outbuildings which, unless otherwise agreed in writing, will be reported in general terms. It will not include larger areas of ground or temporary, agricultural or equestrian constructions unless previously agreed in writing or equipment with a specific leisure purpose, including, without limit, swimming pools or tennis courts, nor specialist services such as burglar and fire alarm systems, lifts and the like.
m) The Surveyor will carry out a non-invasive inspection of the main service installations (electric, gas, water, drainage) where accessible. In relation to the supply of services, you must ensure that there is sufficient credit on pay-as-you-go meters. Isolated water supplies will not be activated. 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, although general overall comments will be made where possible and practicable. Specialist testing of all service installations is, in any event, always recommended prior to legal commitment to purchase.
n) Particular noise and disturbance affecting the Property will only be noted if it is significant at the time of inspection or if a specific investigation has been agreed between the Surveyor and the Client and confirmed in writing. 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. If the client is sensitive to noise, they must commission a noise consultant to undertake an assessment using properly calibrated recording equipment.
o) The external roof surface and upper reaches will be inspected from ground level. Flat, single storey roofs will be assessed with the aid of a ladder, not exceeding 10ft (3 metres), where safe to do so. Long ladders will not be employed. With regard to inspection of roof spaces in flats, these will be inspected only where there is direct access from the flat itself unless there is a readily removable access hatch from the common parts or arrangements have been made by the purchaser for access to the top floor flat to an access hatch. If a separate visit is necessary, an additional charge will be made. The inspection will also exclude the outer surfaces of the roof if they cannot readily be seen.
p) 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 on the Report if, in his or her view, there is a 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. It is always prudent and recommended for a specialist survey for asbestos to be carried out in all properties built pre-2000, prior to a legal commitment to purchase.
q) The Surveyor will not necessarily inspect or interpret geological, Ordnance Survey, Radon or other environmental factors nor assess any possible effect on health or report on any underground cables or other phenomena. A specialist environmental search is recommended in these respects prior to a legal commitment to purchase.
r) The Surveyor will not be required to comment upon the possible existence of noxious substances, landfill or mineral extraction, or other forms of contamination, or the nature of the sub-soil, or the freedom or otherwise of the Property from other potentially contaminative features such as Japanese Knotweed.
s) 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. The Surveyor will be entitled to assume that all planning, Building Regulations and other consents required in relation to the property have been obtained. Any enquiries should be made by the Client or the Client’s legal advisors.
t) Drawings and specifications and third-party reports will not be inspected by the Surveyor unless otherwise previously agreed and for which an additional fee may be charged, and any agreed turnaround time may be increased. 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.
u) Where further reports, exposure and/or tests are advised within the survey, these should be read and considered in conjunction with the main survey report. All such reports, exposure and tests should be obtained and considered prior to purchase commitment with competitive fee quotations also obtained where relevant. No liability for the contents thereof is accepted by Flettons FM LTD.
v) The Surveyor will provide, for an additional fee, an insurance rebuilding cost assessment only if this is agreed at the time of taking instructions. Buildings insurance cost assessments will be calculated using the correct edition of the BCIS Guide to House Rebuilding Costs.
w) 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. 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.
x) In the event that the Client has a complaint regarding the standard of service he or she has received, a formal complaint handling procedure is available at https://www.flettons.com/formal-complaint/ Using the Complaints Handling Procedure will not affect the Client’s legal rights. 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 agreement of the Fee. 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. The Surveyor shall not be responsible for the content of any specialist reports howsoever obtained. None of our employees, partners, or consultants individually has a contract with you or owes you a duty of care, or personal responsibility nor has a contract with you personally. You agree that you will not bring any claims against any such individual personally in connection with our services.
y) In respect of GDPR, the client gives us permission to share data relating to the transaction, including but not limited to Storing your data on our database for the purposes of administration and accounting, informing the estate agent of the instruction to arrange a survey appointment; discussing matters in the report with your legal advisor; discussing matters in the report with your representative. Your data will not be shared with any other organisation except for the purposes of the aforementioned points.
Z) If you wish to cancel your instruction and be refunded, you must make a request via email to email@example.com
If a request is made before a survey appointment has been arranged, and before the surveyor has attended the Property, we will issue a full refund.
Once the survey appointment has been arranged with your agent/vendor, we will charge and deduct from any refund due, an administration fee of £75 to cover the cost of coordinating the survey with your agent/vendor. Once the surveyor has attended the Property, no refund will be given.