Just like anyone who is providing professional services, if your surveyor has not done their job properly then it is right that you should have some form of recourse, particularly if their actions have left you with damage and/or losses to deal with. Add to that the fact that surveyors are often involved in the biggest purchases that we make – property – and it’s crucial that consumers should be able to take action where there has been professional negligence in this context.
Surveyors are a critical part of the property purchasing process, as it is their role to warn the buyer of any issues that look likely to arise with the property in question. These are issues that could affect its value and which could end up costing a buyer money to correct - the consequences of a surveyor getting this wrong can be incredibly expensive for a property owner.
There are a number of points at which the surveyor is involved in the property buying process and at which their advice might fall short of a professional standard. Often the extent of the surveyor’s negligence will depend on the extent of their retainer. For example, a Valuation Report survey will only really require a surveyor to tell a buyer the market value of the property – it should highlight any serious problems that might affect the value (particularly where there is a mortgagor involved) but it’s only likely to show up the most obvious issues. A Homebuyer’s Report requires more involvement from the surveyor, who will need to report on the general condition of the building (decoration, guttering etc), as well as serious structural issues like damp. If the surveyor isn’t able to do a physical inspection then they must state this – and can also recommend further investigations.
The most involved form of surveyor report is a Structural Survey, which should identify all problems relating to the property, both major and minor. Issues such as unsafe structure, problems with the foundations, subsidence, faulty plumbing or potential issues with the roof should all appear in this type of report. However, it’s worth remembering that there will still be some exclusions where the surveyor can’t inspect or get to certain parts of the property – for example, a surveyor won’t usually lift the floorboards.
If you think you have a case to sue your surveyor then the first thing to think about is what kind of service you engaged them for – if it was the Structural Survey then more was required of the surveyor than for a Valuation Report. Remember that even where the surveyor has made exclusions, these must not conflict with the purposes of the contract you have with them and must be reasonable too. If there are clear flaws in the reporting – for example, serious issues have been missed, then there’s a good chance the surveyor will be liable for their mistake and for your losses.