Commercial Survey and Schedule of Condition Services Terms & Conditions
Please see below for the terms and conditions relating to your service
Commercial Survey and Commercial Schedule of Condition Terms and Conditions
The scope of the services I shall perform this service are set out below. This should be read together with the enclosed terms and conditions.
Based on the inspection as defined below, I am a chartered surveyor and I will provide you with a written report that describes my opinion of the visible condition and state of repair of the identified property. I will carry out my duties with the skill and care that can be reasonably expected from an experienced chartered surveyor.
Unless otherwise expressly agreed with me, while preparing the report I will assume that:
• the property (if for sale) is offered with vacant possession
• the property is connected to mains services with appropriate rights on a basis that is both known and acceptable to you; and
• access to the property is as of right based on terms both known and acceptable to you.
Dangerous materials, contamination and environmental issues
I make no enquiries about contamination or other environmental dangers. If I suspect a problem, I will recommend further investigations.
I will assume that no harmful or dangerous materials have been used in the construction, and I do not have a duty to justify making this assumption. However, if the inspection shows that these materials have been used, I must report this and ask you for further instructions.
I do not carry out an asbestos inspection or act as an asbestos inspector when inspecting properties that may fall within the Control of Asbestos Regulations 2012.
With flats, I assume there is a ‘dutyholder’ (as defined in the Regulations), an asbestos register and an effective management plan all in place and none of these presents a significant risk to health or need any immediate payment. I do not consult the dutyholder.
I will note the presence of lead water supply pipes and give general advice if these materials can be seen. However, you must appreciate that materials are often concealed within the construction of the building. If I am concerned about lead pipes I can see, I may recommend a specialist inspection and report.
I will advise if the property is in an area where, based on information published by the Health Protection Agency, there is a risk of radon. In such cases, I will advise further tests to establish the precise radon level.
I will advise if there are transformer stations or overhead power lines that I can see during the normal course of the inspection. If present, I cannot assess any possible effect on health. For obvious reasons, I cannot report on any underground cables.
Consents, approvals and searches
I will assume that the property is not subject to any unusual or especially onerous restrictions or covenants, which apply to the structure or affect the reasonable enjoyment of the property.
I will assume that all building regulations, planning permissions and other consents required have been obtained. In the case of new buildings, alterations and extensions which require statutory consents or approvals,
I will not verify whether these have been obtained but I will identify where these consents may have been required. You should ask your legal adviser to follow up on these matters. I will not inspect drawings and specifications unless you specifically ask.
I will assume that the property is unaffected by any matters which would be revealed by a local search (or their equivalent in Scotland, Northern Ireland and Wales) 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.
I do not pay a referral fee or equivalent inducement to any party who may have recommended my services to you.
Restriction on disclosure
The report is for your private and confidential use. You must not reproduce it completely or in part. Third parties (with the exception of your professional advisers) cannot use it without my express written authority. Any other persons rely on the report at their own risk.
As an RICS member, I may be required to disclose the report to RICS Regulation as part of its work to ensure that RICS professional standards are being maintained.
I shall do my very best to provide you with an excellent service. However, if you believe that you have cause for complaint, my company has a complaints procedure, a copy of which can be given to you on request.
The extent of an inspection will depend on a range of specific circumstances (including health and safety considerations). The following critical aspects may help distinguish this from inspections at other levels of service.
I will attempt to open a sample of the windows. For example, this might include one on each side of the dwelling and one of each different type of window where there is a variety.
I will carry out an inspection of roof space that is not more than three metres above floor level using a ladder if it is safe and reasonable to do so. I will not remove secured access
panels and/or lift insulation material, stored goods or other contents. I will enter the roof space and visually inspect the roof structure if it is safe and reasonable to do so, with particular attention paid to those parts vulnerable to deterioration and damage. In these places, I will use a moisture meter where I consider it to be appropriate.
In recent years, the lofts of many homes have been insulated with thick layers of thermal insulation. Usually, it is not safe to move across this material and this may restrict what I can look at in the roof space.
I will closely inspect the surfaces of exposed floors but I will not lift carpets, floor coverings or floorboards, or move furniture. Where floors have unfixed access hatches or floorboards, where appropriate, I will look in any spaces below the floor by an inverted ‘head and shoulder’ inspection only. I will not enter the sub-floor area.
Furniture and occupiers’ possessions
I will not move furniture or possessions.
Services (for example, heating and hot and cold water)
I will not test the service installations or appliances in any way but I will lift the inspection chamber covers over the drains where it is safe and possible to do so.
I will advise you when further tests and inspections are required if the owner/occupier does not provide me with evidence the services have been installed and/or maintained properly.
I will visually inspect the garden/grounds during a general walk around, and, where necessary and appropriate, from adjoining public property. I will include such external features as retaining walls, gardens, drives, paths, terraces, patios, steps, hard-standings, dropped kerbs, gates, trees, boundary walls, fences, non-permanent outbuildings, rights of way, and so on. Where I think the condition of these features may affect your purchase decision, I will describe these problems thoroughly. Examples include retaining walls in danger of collapsing, deeply sunken paths or driveways, dilapidated boundary walls or fences, and so on.
I will inspect the inside and outside of all permanent outbuildings not attached to the main dwelling.
This includes garages, summer houses, substantial greenhouses, follies and leisure buildings, but not the leisure facilities inside, for example swimming pools, saunas, fitness gyms, and so on.
Other issues will typically include listed building/ conservation areas matters and unauthorised development (including sustainable drainage, safety issues, invasive species, automatic gates, and so on).
I will use a ladder to inspect a roof that is not visible from a window or another part of the building that is not more than three metres above ground level if it is safe and reasonable to do so
For each part of the building, my report will:
· describe it in sufficient detail so it can be properly identified
· describe its condition and explain my judgment
· provide a clear and concise expression of my professional assessment of each part. To achieve this, I will use a condition rating system (or explain the alternative methodology). This will be explained in the report
· include comments where I think the building will need more frequent and/or more costly maintenance and repairs than would normally be expected
· broadly outline the scope of the likely remedial work and what needs to be done by whom and by when
· concisely explain the implications of not addressing the identified problems.
The report will also make it clear that you should obtain any further advice and quotations I recommend before you enter into a legal commitment to buy the property.