Posts Tagged ‘Consequences’

In England new regulations scheduled to go live in 2011 will relieve an estimated half of the housing stock of the onerous task of repairing worn out drains. This unexpected benefit is largely unknown by the vast majority of home owners and occupiers.

In England there is a category distinction between sewers built before or after 1937. Sewers dating from after 1937, and that only serve your own home albeit that the drain line crosses somebody else’s land, are “private” or “lateral drains”. On the other hand if your house was constructed before 1^st October 1937 and your drains are shared, serving two or more homes, then that drain line is a “public” sewer (a “section 24 sewer”).

Phased in from April 2011 this new proposal takes into public ownership all privately owned sewers and lateral drains (the bit outside of your plot boundaries).

Some housing will be connected to a private pumping station arrangement (before ultimate connection to the public mains sewer) and these properties must await further phasing announcements based upon Sewerage Authority inspection results. Also sewers that carry only surface water will transfer at a later date, yet to be announced.

It is stated that about 200,000 kilometres of private drain lines will be taken into public ownership (the Water and Sewerage Companies).

What many people do not realise when they buy housing is this potential problem area. Unless drains are tested/inspected by a specialist Drainage Contractor no definitive comment can be made on whether such drains are functional and it good condition. The repair or renewal cost of private drainage is very expensive, despite new repair techniques that do away, in some cases, with the need to physically dig up the old drains.

Currently the Water and Sewerage Companies are already liable for over 300,000 kilometres of public drains and so this is a very significant change and one that has consequences for all home owners. Yes, you’ve guessed it; a hike of about 7.5 pence per week (to about 23 pence) in the sewerage section of your utility bills.

As most properties have unique drainage system designs because of our diverse style and age of housing in England, most owners will not know the significance of the distinctions between the various drain line types and definitions. Indeed, in many cases you cannot tell unless a CCTV scan is completed.

We all saw the summer floods in 2007: we all know that the over-intensive house building program has created vast areas of water free land that was traditionally “flood plain” land thus increasing the chances of future estate flooding: we all see that water table heights have changed in our villages and towns and that this manifests is multiple and sometimes strange ways.

Whether these changes are simply due to changes in climate as opposed to global warming is not yet fully understood. What is known is that if you last out until April next year (2011) your expected massive bill for drainage works may not be quite as bad as you first thought.

The upshot of all this is that anybody buying housing now, and up-to-April-2011, needs to consider that if they have problems an educated decision will be needed on whether they should make-do and wait until mid-2011.

However, it could be absolutely essential to repair straight away for other more serious reasons. For example, if drains are left leaking next to house foundations then a real risk of house subsidence is created. In this example your Buildings Insurance Company could suggest that your pre-meditated inaction means any future claim may be refuted leaving you without funds to rebuild or repair your home.

So, on the one hand Government are taking one headache away from you whilst, for some, it could create a dilemma about a decision to repair/replace drains or to wait.

AUTHORS NOTE – My own home has “pitch-fibre” 1960’s drains that have not stood the test of time. They block easily and have a cross-section deformation that could break or collapse at any time. I am taking a wait-and-see approach as my drains are not leaking (yet) but I have to carefully monitor them to ensure they have not degraded further.

AUTHORS NOTE – When commissioning House Surveys the Surveyor will flush house-ware and also lift inspection Chamber covers to see flow-rates and for any sign of blockages. If the home is subsiding, or if tree roots are too close to foundations and drains, are the substance of advice given but for actual drain-line condition NO SUBSTITUTE exists for a CCTV (Closed Circuit Television “survey”) by a local Drainage Contractor. Your own House Surveyor will not test drains.

When it comes to selling your home privately you stand to gain a lot of money by way of saved costs. But, just how easy is it?

A sell (selling by “private treaty”) is, on the one hand, perfectly feasible if:-

1. you simply sell to a relative or to your neighbour without any advertising or marketing. Your have not “marketed your home” and the Law and how House selling regulations are interpreted says this is a private transaction. It could easily be considered a “marketed sale” if you depart from strict guidelines – do you know all the in’s and out’s of such Regulations?
   
2. If it is a genuine private sell without marketing then you would not need a Home Information Pack (the HIP with Energy Performance Certificate – the EPC).
3. and you avoid all the hassle of advertising and have people trample through your private space – your home – your pride and joy.
4. You also avoid Estate Agents with sharp suits and smooth tongues. What price for this?
   

On the other hand:-

1. Are you sure you are not under-selling your home?
2. Have you considered the possible benefit to value if you first did certain repairs? Are you sure you know who to ask for this advice? Spend £500 on XXXX and you might ask for twice as much as added to the house value!
3. Do you know how to vet your buyers to ensure they are serious and aren’t going to cause problems “later”.
4. Are you sure you have infringed the law and property regulations and may get a Penalty Notice served on you at any moment?

Balancing these competing forces will tell you which way to go but do think seriously about it.

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Selling your house privately? What are you saving?

Save 1.5% commission = £1,500 plus vat (per £100,000 of house value)

Save your HIP cost = £400 with partial vat

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The only problem you have is the unknown…….

If you are truly knowledgeable then you are saving real money and the consequences, if all goes wrong, will be minor.

If you are not fully knowledgeable and may need help if the going gets tough then you may just regret attempting to penny-pinch.

Perhaps getting the Estate Agents in to give “initial free advice” (without telling you may go private) is not such a bad thing?

Perhaps getting PROinspect in to talk about value and disrepairs, and the effect of doing repairs – effect on value – also isn’t so silly?

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A third Way?

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Nowadays nothing is new. Starting to string up are PROPERTY BROKERS: often these are internet based, but not always.

Website services exists for simply listing your home are available for sales – this means you will need the good old HIP but the fee for this limited brokerage service will be much smaller than a full Estate Agents commission.

Certain Brokers mix internet service with limited marketing and other actions. Again these will save you a large sum.

The secret here is to correctly match what your home needs to dispose of it to those services that are available to you. Why not invite a fee quotation from a (1) traditional Estate Agent, a (2) “partial” Agent/Broker and (3) a full internet Broker service whereby no visits to your home are made at all (sometimes with the exception of a professional Photographer)? You could then assess the value that each brings to the table and match that with what you believe your home needs to get it sold.

For example – if your home is modern and on a large estate (is similar to most other homes and many have sold recently or are on the market) then provided it is in reasonable order then you may not need the full services offered by a traditional Estate Agent.

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A final two thoughts – (1) what about home swaps? Google house-swaps and see. PROinspect would immediately mention that if you go down this route then a private survey would be essential for self-protection purposes: (2) what about selling quickly to an Investor? Various organisations will buy your home “upon request” where an offer can be provided without a full viewing: the latter may be required as you are seeking to avoid an imminent repossession or you simply need the equity in your home quickly – no fees but perhaps you will not get full market value (in some cases nothing even ner to full value). Google sites like National Home Buyers to see how such schemes may work for you.

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A Footnote — I have recently been involved with Estate Agents in the disposal of my Parents home closeby. A long chain developed but we priced the house to sell and found a home to buy quickly. When chain problems cut in, and they often do, our own Agent acted with great authority and rapidity and circumvented several problems before they got out of hand. I have been very impressed with the professionalism shown (and suspect some Agents would not have been so helpful). We have not yet exchanged but are confident we will.

I must state that my Parents just could not cope with self-selling their own home and needed full Agency services: even though I could sell my own home I would normally request full Agency services because I am a busy person and just could not find the time to do all that a modern Agent has to. This is not a choice but a necessity.

The following are examples of typical TERMS or DESCRIPTION of SERVICES that PROinspect offer.

All tasks must be subject to TERMS as this allows Professional Indemnity Insurance to be verified and will be available to customers should PROinspect act in a negligent manner.

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We apologise for the length of this Web Page but such terms are essential reading:-

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STANDARD TERMS (of all services offered):-

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The Service	Surveyor will provide the standard Service (“the service”) level described in the “Description of the Service” unless you and the Surveyor pre-agree, in writing, before the inspection is scheduled or completed that the Surveyor will also give you additional advice.
Surveyor Qualification	Surveyor providing the service will be a full Member or Fellow of the Royal Institution of the Chartered Surveyors (RICS), who has the skills, knowledge and experience to survey, value and report on the property.
Before the inspection	The customer must tell the Surveyor if there is already an agreed, or proposed, price for the property, and if you have any particular concerns about the property, or plans to extend/alter etc… the home.
Terms of Payment	Customer agrees to pay the Surveyor’s fee charges and any other agreed charges or disbursements agreed in writing (whether formally demanded or not).
	PROinspect normally request full payment in advance of dispatch of your Report. Details of how payment can be made will be provided on the Invoice sent to the customer. Your failure to arrange immediate payment may delay your property transaction with us and PROinspect can accept no liability for any consequences of that delay.
Cancelling the contract	You are entitled to cancel this contract (ALL documents supplied to you from PROinspect form the contract) by giving notice to the Surveyor at any time BEFORE the inspection is made (please call 078 3636 3040 for this purpose).
	Surveyor can cancel – if upon arriving at the property he/she finds a mismatch between his skills, knowledge and experience and the actual property form OR a serious mismatch exists between the description of the property provided by the customer and the actual property, then notice of termination can be served accordingly EG: Surveyor may decide that in your best interests a full Building Survey should be considered either by him/her or a more specialist Surveyor in that property form. Full reasons for the cancellation will be provided.
	If you cancel this contract the Surveyor will refund any monies paid for the service, except for any reasonable expenses.
Liability	The Report is provided for your use alone and the Surveyor cannot accept responsibility if it is used by anyone else.
Complaints	Surveyor will have a formal Complaints Handling Procedure (a document). A copy can be provided to you on request.
	These procedures/terms form part of the contract between you and the Surveyor for the stated task.
Upgrade?	It is not usually possible to upgrade an inspection instruction to a higher range product because our site protocols differ for each survey product. It is therefore vital you fully discuss your survey product options with a Surveyor before you request any particular product.

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R.I.C.S. HOMEBUYER REPORT (new version)

Description of the Service

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The Service includes:	(1) An inspection of the property (2) a report based on that inspection (3) a valuation THESE ELEMENTS ARE DISCUSSED BELOW.
Designed to help you…………………………	Make a reasoned and informed decision on whether to go ahead with buying the home. Make an informed decision on what is a reasonable price to pay for the home. Take account of any repairs or replacements that the home needs. Consider what further advice you should take before exchanging contracts / committing.
The Inspection:	Surveyor will inspection the inside and outside of the main building (of the home being inspected) and all permanent outbuildings, but does not force or open up the fabric. This means that they do not take up carpets or floor coverings or floorboards, move furniture, empty cupboards, remove secured panels/traps/hatches or undo electrical fittings.
	Inspection will be of reasonably accessible parts that can be seen from within the home plot or from public areas closeby/alongside.
	The Surveyor may use equipment such as a damp-meter, binoculars, torch, and may use a portable ladder for flat roofs etc… no more than 3 metres above level ground (outside) or floor surfaces (inside) if it is safe to do so.
Services to the Property	These are often hidden within the construction of the home and, as a result, only the visible parts can be inspected. Services turned off will not be re-commissioned for subsequent viewing purposes by the Surveyor.
	The Surveyor will not carry out specialist tests, or test or access the efficiency of electrical, gas, plumbing and heating or drainage installations (or whether they meet current Regulations) OR the inside condition of any chimney, boiler or other flue.
Outside the Property	Surveyor will inspect the condition of boundary walls, fences and permanent outbuildings and areas in common (shared) use. To inspect these areas the Surveyor will walk around the grounds and any neighbouring freely accessible land/areas (accessible public property).
	Buildings with swimming pools and sports facilities are also treated as permanent outbuildings, but the Surveyor will not report on the leisure facilities , such as the pool itself and its equipment, landscaping and other facilities (eg – tennis courts and temporary outbuildings and structures).
Flats / Maisonettes	Surveyor will assess the general condition of the outside surfaces of the building, as well as its access areas (shared hallways, staircases and so on). Roof spaces will be inspected only if the Surveyor can gain access to them from within the Flat being inspected.
Excluded services	Surveyor will not inspect drains, lifts, fire and smoke alarms or security systems.
Dangerous materials, contamination and environmental issues	Surveyor will not make enquiries about contamination or other environmental dangers. However, if they suspect a problem, they should recommend a further investigation (to be actioned by customer). Surveyor may assume that harmful or dangerous materials have been used in the construction, and does not have a duty to justify making this assumption. However, if the inspection shows that these materials have been used , he/she must report this and ask for further instructions.
No Asbestos check	Surveyor will not carry out an Asbestos inspection and will not act as an asbestos inspector when inspecting properties that may fall within the Control of Asbestos Regulations 2006.
	Within Flats the Surveyor will assume that there is a Dutyholder (as defined within those Asbestos Regulations), and that an Asbestos Register and an effective Management Plan is in place which does not need any immediate payment or present a significant risk to health. The Surveyor will not consult the Dutyholder.
The Report:	Surveyor produces a report of their inspection for you to use but cannot accept any liability if it is used by anyone else. If you decide not to act on the advice in the report, you do this at your own risk.
Report focus:	The report focuses on matters that, in the surveyor’s opinion, may affect the value of the home if they are not dealt with. Non serious/urgent disrepairs (normal maintenance items) may not be reported.
Report format:	The report is in a standard format and includes the following sections:-
Report sections -	A – INTRODUCTION TO THE REPORT B – ABOUT THE INSPECTION C – SUMMARY OF THE CONDITION RATINGS D – ABOUT THE PROPERTY E – OUTSIDE OF THE PROPERTY F – INSIDE THE PROPERTY G – SERVICES H – GROUNDS (including shared area for Flats) I – ISSUES FOR YOUR LEGAL ADVISERS J – RISKS K – VALUATION L – SURVEYOR’S DECLARATION What to do now Description of the HomeBuyer Service House Diagram
Condition Ratings (see below)	Surveyor gives condition ratings to the main parts (or “elements”) of the main building, garage, and some outside elements (gardens/grounds etc…). These ratings are defined as -
1 (green)	No repair is currently needed. The property must be maintained in the normal way.
2 (amber)	Defects that need repairing or a replacement but are not considered to be either serious or urgent. The property must be maintained in the normal way.
3 (red)	Defects that are serious and/or need to be repaired, replaced or investigated urgently.
NI	Not Inspected (EG – not accessible or not applicable to the home inspected).
Limitations	Surveyor will note in the report if they were not able to inspect or check any parts of the property that inspection would normally cover. If the surveyor is concerned about these parts, the report tells you about further investigations that are needed.
No repair cost advice is given	Surveyor will not report on the cost of any work to put right defects or make recommendations on how these repairs should be carried out. However, there is general advice in the ‘What to do now” section at the end of the report.
	If, during the inspection, the surveyor identifies issues that your legal advisers may need to investigate further, references will be made in the report.
	Surveyor will state the pre-calculated (by others) Energy Efficiency Rating and Environmental Impact Rating (as stated on the Energy Performance Certificate on the home, if available when this HomeBuyer report is being dispatched to the customer. However, the Surveyor will not specifically comment upon any legal documents or any documents that may be included within the Home Information Pack.
	Surveyor reports upon property-related risks or hazards that will include defects that need repairing or replacing; as well as issues that have existed for a long time and cannot reasonably be changed but may represent a health & safety risk or hazard.
	If the property is Leasehold, the surveyor will give you general advice and details of questions you should ask your legal advisers.
The Valuation	Surveyor will give opinion on both the Market Value of the property and the Reinstatement Cost at the time of the inspection (see detailed comments below).
Market Value	“Market Value” is the estimated amount a property should exchange for, on the date of survey inspection, between a willing buyer and a willing seller, in an arm’s length transaction after the property was properly marketed wherein the parties had each acted knowledgeably, prudently and without compulsion.
Valuation assumptions	When deciding Market Value, the surveyor will also make the following assumptions – In respect of materials, construction, services, fixtures and fittings, and so on –
	an inspection of those parts which has not been inspected would not identify significant defects or cause the surveyor to alter their valuation -
	No dangerous or damaging materials or building techniques have been used in the property
	There is no contamination in or from the ground, and the ground has not been used for landfill
	The home is connected to, and has the right to use, the mains services mentioned in the HBR
	Valuation does not take account of any furnishings, removable fittings and/or sales incentives of any description.
Legal Matters	Surveyor will assume that:-
	The property is sold with “vacant possession”  (your legal team can advise you here), and
	The condition of the property, or the purpose that the property is, or will be, used for does not break any laws or regulations; and
	No particularly troublesome or unusual restrictions apply and that the home is not affected by problems which would be revealed by the usual legal enquiries, and that you have applied for and acted in line with all necessary Planning Permission and Building Regulation Permissions/Consents (and any Conservation Area or Listed Building Notices) including permissions to make alterations; and
	The home has the right to use the mains services on normal terms, and that the sewers, mains services and roads giving access to the home have been formally adopted (are under Local Authority control); and
	Surveyor will report any more assumptions made, or found not to apply; and
	If the home is leasehold (tenure), the general advice referred to above will explain what other assumptions the Surveyor has made.
Reinstatement Cost No connection with Market Value.	This is the cost of rebuilding an average home of the type and style inspected to its existing standard using modern materials and techniques and in line with current Building Regulations and any other legal requirements.
	This includes the cost rebuilding any garage(s), boundary or retaining wall(s) and permanent (only) outbuildings plus clearing the site. It also includes professional fees, but does not include VAT (except of fees).
	The Reinstatement Cost will help you decide on the amount of buildings insurance cover you will need for the property.
	For some unusual, complex or especially large homes the Surveyor may not be able to calculate a Reinstatement Cost in which case you would need to employ the services of a Quantity Surveyor to produce the required calculation of rebuild costs. In some other cases the Surveyor may have to calculate an equivalent cost for a replacement dwelling of differing specification because of known Planning policies/restrictions etc…

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BUILDING SURVEY

Outline Description of the Service

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GENERAL SCOPE:	The Survey will be carried out with the care, skill and diligence reasonably expected of a competent Chartered Surveyor and will comprise a thorough visual examination of all reasonably accessible parts. The purpose of the inspection and report is to advise the Client of the Surveyor’s opinion of the condition and standard of construction of the building at the date of inspection and to report on any major faults and defects found.
	Should you require investigations beyond the scope of inspection set out below, we will be pleased to arrange this, subject to the Vendor’s written consent and acceptance by the Client of the additional costs involved.
	The Surveyor will carry out such work as is reasonable in his professional judgment, bearing in mind the limitations of the inspection. The report will not purport to express an opinion about or to advise upon the condition on un-inspected parts and should not be taken as making any implied representations or statements about such parts.
NO DAMAGE WILL BE CREATED:	Our inspection will be undertaken, and the report prepared, in accordance with these Standard Terms of Business, limitations and assumptions detailed below. No damaging investigative or exposure work will be completed.
LIMITATIONS:	The Surveyor will inspect as much of the surface area as is practicable and will lift loose floorboards and trap doors where reasonably accessible, but will be under no obligation to raise fixed floorboards or to inspect those areas of the property that are covered, unexposed or are not readily accessible.
	Inspection will exclude any roof space where there is no reasonably accessible roof hatch, and the outer surfaces of any roof that cannot be readily seen. Flat roofs over 3m (10ft) above ground level will not be inspected unless there is reasonable access from other parts of the building (although, if safe to do so, we will use a portable, telescopic ladder that may reach single storey flat roof height).
NO SERVICES TESTS	The Surveyor will not arrange for the testing of services, (including a drain test), unless specifically instructed to do so.
	Compliance of services with regulations, adequacy of design and efficiency can only be determined following a specialist’s assessment and test. Should you require further advice in this respect, you must obtain reports from appropriate Specialists before entering into a legal commitment to purchase.
	Except where the contrary is stated, parts of the structure and of the woodwork, which are covered, unexposed or inaccessible, will not be inspected.
	Certain faults or defects may only be apparent intermittently. For example, leaking chimney stacks or overflowing gutters may only be apparent in heavy or driving rain. Our report can only identify those defects, which are apparent in the conditions existing at the time of inspection.
ACCESSIBILITY:	Our inspection of the exterior will be limited to those parts which can be seen from ground level within the boundaries of the property, and from any adjoining public areas, highways etc.
	Removal of fitted carpets, floor coverings and furniture will not be undertaken; the presence of such items will limit inspection.
	We will not form any trial holes to inspect foundations or below ground structures and, therefore will not offer any warranties as to their adequacy other than where defects in such elements have caused visible and obvious defects in the building superstructure.
	We will describe the general condition of the grounds and boundaries in the immediate vicinity of the main building but will not comment as to the condition of grounds or boundaries elsewhere on the site.
INSURANCE COVER:	We recommend that you make sure that the building’s insurance policy contains adequate provision against, inter alia, subsidence, landslip and heave and tree-damage.
HEALTH RISKS?	We 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 immediately adjacent.  An assessment of any possible health risk as a result of electromagnetic fields is outside our expertise but we may recommend that you obtain further advice. We will not be able to report on the proximity or existence of any underground cables.
CONTAMINATION?	No investigation or enquiry will be made into any possible contamination of the site or nearby land or property. However, where we have local knowledge that contamination may be a potential problem, we will comment as appropriate.
RESTRICTIONS?	We 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.
	The inspection will not include checks to establish whether the construction meets the criteria of Building Regulations, the NHBC or other statutes and standards. Such checks can be undertaken by prior arrangement for an additional fee.
PLANNING:	We will assume that all Listed Building, Conservation Area, Planning, Building Regulations, Bye Laws and other consents required have been obtained for new buildings, alterations or extensions, etc. No checks will be made to verify whether such consents have been obtained.
	Drawings and Specifications for the construction of a building or extension or for the execution of any alterations/ repairs will not be examined unless by prior specific arrangement.
LEGAL MATTERS:	No enquiries will be made into such matters as boundary maintenance, tenure, covenants, rights of way, easements, guarantees, road improvement schemes, etc. Enquiries into such matters should be made to your legal advisors.
LIMITED SERVICES INSPECTION:	A brief inspection and general comment will be made of exposed cables, plumbing and the inside of drainage inspection chambers where the covers are readily visible and accessible and can be lifted intact without undue difficulty (for Flats, this clause differs – see later comments). Modern drainage access points are often fitted with covers fixed down with screws; screw fixed covers will not be raised.
	Burglar alarm and fire alarm systems, water softeners, bottled gas installations etc. are specialist fields and are outside the scope of the report.
	Services which have been disconnected or turned off will not be reconnected or turned on without the prior consent of the owner and the attendance at the property of a plumber, electrician, central heating engineer, etc. as appropriate.
	No inspection or assessment will be made of telecom, internet, satellite, television, radio, mobile phone, etc. installations or reception.
ASSUMPTIONS ……..	In making the Report, the following assumptions will be made:
Deleterious materials	That no High Alumina Cement concrete or Calcium Chloride additive or other deleterious material/infestation (i.e: Asbestos, Anthrax, PCBs, Mundic, Radon Gas, Termites) was used in the construction of the property. It should be noted that high alumina cement should not have been used after 1975 and that calcium chloride additives were effectively banned in 1977.
Restrictions	That the property is not subject to any unusual or especially onerous restrictions encumbrances or outgoings and that good title can be shown.
Local Search matters?	That the property and its value are unaffected by any matters which would be revealed by a Local Search and replies to the Usual Enquiries, or by any Statutory Notice, and that neither the property nor its intended use is or will be unlawful.
Non-inspection	That inspection of those parts that have not been inspected would neither reveal material defects, nor cause the surveyor to alter the report and advice materially.
OUTBUILDINGS & GARDEN AREAS	Permanent outbuildings will be inspected less critically than the main building and will be reported on in more general terms and only major defects will be identified. Leisure installations such as tennis courts, swimming pools etc. will not be inspected.
Party Walls & Boundaries	No attempt will be made to identify the extent of ownership or liability for maintenance of party walls and boundary features.
Main dwelling ONLY	The grounds and boundaries in the immediate vicinity of the dwelling will be inspected and reported upon in general terms. No inspection will be made of grounds and boundaries remote from the main dwelling.
DISCLOSURE REPORT COPYRIGHT RETAINED:	The Survey Report will be for the private and confidential use of the named Client and his professional advisors only and may not be reproduced in whole or in part or relied upon by any third party for any use whatsoever without the express written authority of Stuart Parrett (the Surveyor). We retain copy copyright of your Report and any dissemination, copying or other broadcasting thereof is expressly forbidden unless we have pre-agreed and appropriate similar copyright clauses are imposed upon all those that may read or rely upon our Report (but no liability can be provided from our single named client(s) to any other source or client).
VERBAL ADVICE?	We will, if specifically requested, give preliminary verbal advice after inspection but prior to the Client’s receipt of the written report. However, any such verbal advice should not be construed as a representation or warranty and should not be acted upon. The client should allow sufficient time to read, understand and consider the written report and any recommended supplementary reports prior to committing himself to purchase and exchange of contracts.
LATENT DEFECTS?	In accordance with the requirements of our insurers, we will reproduce their “latent defects” clause verbatim.
	We have not inspected woodwork or other parts of the structure which are covered, unexposed or inaccessible and we are therefore unable to report that any such part of the property is free from defect.
	We must stress that we have not carried out any investigation to determine whether high alumina cement was used during the construction of the building inspected and we are therefore unable to report that the property is free from risk in this respect. Neither have we made any investigations concerning the presence of Radon gas in the area nor whether or not the land has been affected by landfill operations or contamination of land.
CONTAMINATION ISSUES?	We must also stress that we have not carried out any investigation to determine whether asbestos was used in areas of the construction. We are therefore unable to report that any such part of the property is free from risk in this respect.
	This property and its value may be affected by contamination, including by the presence of asbestos. Identification of contamination is highly specialist work, for this Practice is not qualified or accredited.
	Our report/valuation is therefore based on the assumption that no contamination exists and that, before you place any reliance upon it for any purpose, you will:
	Commission an expert or experts to determine whether any contamination is present on the property or may be threatened from an adjoining property.
	Seek advice on the cost of any remedial action to overcome any contamination.
	Advise us of that cost in order that we may revise our advice/valuation to take account of that contamination.
NO VALUATION OPINION REQUIRED	The Report will not include a Valuation opinion. A Market Valuation can be provided if required, but this will be subject to other Conditions of Engagement and will attract an additional fee.
IF A VALUATION IS REQUESTED:	WE WILL ISSUE A SEPARATE DOCUMENT DEFINING THIS ANNEXED SERVICE.
INSURANCE REBUILD COST ASSESSMENT?	Where an Insurance Reinstatement Costing is provided this will be on the basis of an equivalent but not identical building (built to current Building Regulation Standard). Sometimes Insurers may require a differing basis such as a pro rata replacement part of the structure within which the Flat is located or a simplified modern equivalent building. If the client requires a differing basis of assessment this must be stated at the instruction stage. For Period buildings we will provide an opinion on the latter basis (simplified modern equivalent) unless the client specifically requests otherwise in which case an instruction perhaps to a firm of Quantity Surveyors may be appropriate so a Bill of Quantities can be costed (invariably a costly process!). In assessing the current reinstatement cost the Valuer will have due regard to the Association of British Insurers / Building Cost Information Service & House Rebuilding Cost Index.  The assessment will not include loss of rent nor the cost of alternative accommodation for the reinstatement period.

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MARKET VALUATION Report

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What we will do:	A professionally qualified Valuer will provide a written opinion of market value as defined in accordance with assumptions provided by the client or as stated below. A survey will not be completed. A Report is typically about 1 to 3 pages in length.
Insurance Rebuild cost Assessment –   if specifically requested by the client (this will not be provided unless fee quoted for and specifically requested by the client):	Where an Insurance Reinstatement Cost Assessment is also provided this will be on the basis of an equivalent but not identical building (built to current Building Regulation Standard). Sometimes Insurers may require a differing basis such as a pro rata replacement part of the structure within which a Flat is located or a simplified modern equivalent building. If the client requires a differing basis of assessment this must be stated at the instruction stage. For Period buildings we will provide an opinion on the latter basis (simplified modern equivalent) unless the client specifically requests otherwise in which case an instruction perhaps to a firm of Quantity Surveyors may be appropriate so a Bill of Quantities can be costed (invariably a costly process!). In assessing the current reinstatement cost the Valuer will have due regard to the Association of British Insurers / Building Cost Information Service & House Rebuilding Cost Index. The assessment will not include loss of rent or the cost of alternative accommodation for the reinstatement period. In the case of flats and maisonettes the rebuild cost figure will be for the flat or maisonette only and it will be necessary for the clients legal advisers to establish and advise whether the insurance arrangements relating to the remainder of the Block or Building(s) are satisfactory (especially their adequacy for mortgage security purposes).
Liability to whom?	The Report is provided for the use of the sole named client(s) and is totally confidential to them and their Professional Advisers for the current stated single purpose. No responsibility is accepted to any other party nor for any other or additional purpose. The Report is time conscious to a maximum period of three months but in poor or highly active markets the client is reminded valuation changes can take effect within days in some cases.
Fee Charges:	The client will pay promptly upon request from the Surveyor the agree fee as per the Invoice sent with these “Conditions” or at any later date. Any expressly agreed disbursements to also be paid promptly on request. All cheques received will immediately become the exclusive property of this Practice. All overdue amounts will attract interest (3% over Bank Base Rate) and essential charges. All Practice costs involved with debt recovery will be charged to the client by additions to the outstanding sums each month (inc. Court fees and for our professional time and any legal costs). In the event of the actual premises being materially more valuable or extensive to that as described by the client to the Valuer then additional fee charges will be claimed and prior to dispatch of the report. Again the Surveyor cannot accept any claim for such losses etc.. due to such delay or clients mis-description (whether intentional or otherwise).
What we are to do:	The Valuer will undertake a visual inspection of so much of the exterior and interior of the subject home as is accessible with safety and without undue difficulty – until attendance on site the Valuer cannot know in advance the full extent of his/her inspection (carpets, furniture, vendors attitudes, etc… all restrict to some extent the inspection possible). Accordingly the inspection will include all those parts that are accessible and not covered and whilst the Valuer is standing at ground level outside and also within the subject premises plot plus adjacent communal or public areas and whilst standing at the various subject units floor levels. Services & any Leisure facilities will only be identified. No condition or safety survey or tests will be completed.
Limitations?	Furniture, floor coverings, fixtures & fittings will not be lifted or moved and cupboard contents will not be disturbed. No damaging investigative work will be completed. If it is suspected hidden material defects could exist, the Valuer will recommend more extensive and possibly Specialist further investigations prior to the client committing themselves to the property.  In exceptional circumstances the Valuation opinion will be deferred until receipt of recommended further investigative Reports. Where the Valuer relies on information provided, this will be indicated in the Report, with the source of the information. Coupled with site observation this is relevant in the context of reporting significant alterations and extensions so as to alert your Legal advisers so appropriate enquiries can be made to verify permissions etc.. have been obtained (often loft conversions without permissions and approvals can invalidate subsequent insurance claims).
Assumptions	Unless it is made apparent by an express statement in the Report the Valuer will have made the following assumptions and will be under no duty to verify these assumptions:-
Your legal advisers need to verify the applicability of these matters.	that full vacant possession will be provided; that planning permission and statutory approvals for the building(s) and their use, including any alterations and extensions, have been obtained; that no deleterious or hazardous materials or techniques have been used or inserted and that the site, adjoining and closeby land (and buildings), is not contaminated in any way; no unusual or especially onerous restrictions, encumbrances or outgoings exist and that good title can be shown; premises and their value are unaffected by matters revealed by inspection of any register or by local search and replies to the usual enquiries, or by a Statutory Notice and that neither the property, nor its condition, nor its use, nor its intended use, is or will be unlawful; and moreover that the value would not be affected by the possibility of any entry being made in any Register; that inspection of those parts which have not been inspected would not reveal material defects upon which the Valuer would seek to alter valuation or other advice previously given; that the premises are connected to all mains services which are available on normal terms; that sewers, mains services and the roads giving access to the subject home have been adopted; that in the case of newly constructed property, the Builder is a registered member of NHBC or equivalent and has registered the subject property strictly in accordance with the scheme concerned and no Road nor sewer charges are applicable to purchasers; that in the case of flats and maisonettes the cost of maintenance and repairs to building(s) and site are shared equally between all occupants pro-rata, and that no onerous liabilities are outstanding; no Managing (or Others) Agents enquiries will be made;
Advice to Client Legal Advisers:	It is the duty of the clients legal advisers to research the clients Valuation Report and take appropriate action to verify information such as the following:- the assumptions given above; any information provided to the Valuer (as stated); details and adequacy of the lease; town planning, statutory or environmental factors; roads and services, contravention of building/fire regulations or other Statutory Notices; if Leasehold that a long term of years remains and at a low Ground Rent.
Definition of MARKET VALUE:	Unless otherwise stated any development value is to be excluded from “market value” as will any potential element of value of furnishings, removable fittings and fixtures, sales incentives of any description; portable and temporary structures will also be so excluded. The definition of “market value” is the best price reasonably obtainable on an unconditional basis for cash consideration on the date of valuation (Report date if not specifically stated) assuming :-
	a willing seller; prior to the valuation date a reasonable period for proper marketing (to agree price and terms) and for the completion of the sale has elapsed; that the state of the market, level of values and other circumstances were, on any earlier assumed date of exchange of contracts, the same as on the date of valuation; that no account of any additional bid by a purchaser with a special interest be considered. This definition is subject to change as directed by the Royal Institution of Chartered Surveyors
General Matters: Complaints?	The Report & our Valuation are confidential and we retain copyright. No reproduction or Publication in any form or manner can be completed without our express written permission. These Conditions define our duties and the level of our Service to you the client. They are based upon those defined for guidance purposes by the Royal Institution of Chartered Surveyors and do not affect any rights you have under UK Law. In the event of any dispute or complaint we ask the client to initially inform our Valuer and to allow us a subsequent opportunity to re-attend at the subject home accordingly, if we so require. PROinspect have a fully documented Complaints Handling Procedure – full details can be made available to you upon request.
ACTION NEEDED BY YOU, THE CLIENT=	Your agreement to these Conditions is required prior to despatch of your Report. Any verbal report given to you must not be relied upon – Valuers liability is expressly denied until you are in receipt of our official, written Report.

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ENERGY PERFORMANCE CERTIFICATE (non-new domestic home only)

OUTLINE TASK TERMS FOR EMPLOYMENT OF A DOMESTIC ENERGY ASSESSOR FOR NON-NEW HOUSING/FLATS:

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Scope of inspection	The Assessor will be fully qualified and insured for the stated task of inspection a residential unit and subsequently generating an Energy Performance Certificate (EPC).
Client to ensure required data is passed to the Assessor.	The Assessor will data collect all required information to achieve this stated objective. The client is reminded that the EPC will only be as accurate as the data that is visually detectable or provided by the client themselves. Unintended failure to detect or obtain thermally important information will probably result in inaccurate thermal assessment and therefore an unreliable EPC that could adversely affect the sale/letting prospects of the subject property. Clients proceed in any property transaction in the knowledge of such risks. Your co-operation with the Assessor is essential to reduce or prevent such errors and mistakes.
What will the Assessor do, and when?	Contact the stated client to agree a mutually convenient property inspection to produce the EPC. Such inspection must be for the whole property (inside and outside) and be accompanied by a responsible adult who has knowledge of the history of the property and any thermal or other alterations/improvements completed. The Assessor will inspect the property is accordance with all Industry Standard regulations and guidelines as set down by Government, DEA Assessment Centres and Governing Bodies.
	The responsible adult on-site should have copies of any documents relating to alterations and improvements (and any past EPCs) available for the Assessor to view.
	Most inspections may take up-to-30 minutes on-site and perhaps a further 24 hours to prepare the report itself.
Prior registration of your EPC:	Each EPC must first be registered with a Government Database upon an internet, secure site BEFORE it can be provided to the client.
	Fees accrue for use of software to produce the EPC and to register it with the Government database. Once registered a Report cannot be altered (alterations would mean that a new report would have to be generated with repeated upload charges/costs).
	Aborted instructions may therefore accrue expenses in addition to the value of the time taken by the Assessor – an individual judgement, on what fee will be charged, will be made by the Assessor but we reserve the right to potentially charge the full fee. However, if the Assessor has not left his/her office then no fee will be chargeable.
Delivery of your EPC:	The Report itself will only be made available as an electronic copy; this will be issued as a URL address obtained from the Government database website whereby if visited the client can enter the reference (24 digits consisting of 5 sets of 4 digits, each set of 4 with a hyphen between) and download the EPC to their own computer(s) for private or business use.
Complaint?	Should the client have need to make any complaint(s) our system is as follows:- Initially a telephone call direct to the Company/Assessor – You are advised to then, if not satisfied, to commit that query to a letter – Depending of the scale of the query/complaint, the Assessor will either then pass the problem onto Professional Indemnity Insurers and/or their qualification Assessment Centre for further actions.
Fee Charges:	The client is liable to pay the stated/agreed fee charges and any aborted task fee charges PLUS debt collection charges and/or interest (the latter at 3% over Bank Base Rate). Fee charges are due for payment immediately as no credit facility has been agreed with the client. Non-payment of fees, whether demanded or not, may invoke debt charges and interest after only 10 days of our receipt of your instruction (unless differing, specific arrangements have been agreed in writing).

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EXPERT WITNESS REPORTS

TERMS OF ENGAGEMENT / SINGLE-JOINT EXPERT

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ACCEPTANCE OF INSTRUCTIONS

1                  We require clear written instructions from the Solicitor(s) giving a full description of their requirements of us; the precise scope of our instructions, questions to be addressed etc… These will be repeated within our Report: (note that in cases involving the instruction of us (Stuart Parrett) as Single Joint Expert – SJE – we will require precise instructions to be pre-agreed between Solicitors/Parties and to be identical from both Parties BEFORE we will begin any actions to advance the instructions).

2                  We will only accept instructions where we have the requisite professional training, knowledge and experience appropriate to the task outlined by Solicitors/Parties and where we can clearly complete the task(s) set within the timescale and agreed fee rates stated;

3                  Solicitors should specify the deadline by which the Surveyor/Valuer should submit his/her final Report; if such deadline is, or becomes during the case, unrealistic this Practice will immediately so notify the Solicitors; Our actions up until that point will be fee costed on an hourly rate charge scale and invoiced to the parties for payment within 21 days after which interest will become due as from the original date of the invoice and debt clauses will become operative (as outlined later in these Terms).

4                  This Practice will make it clear to Solicitors/Parties of any part of the commission with which we are unfamiliar, or not qualified to undertake, or on which we require further clarification or information or authority to obtain Specialist Sub-Contractor comment or services (EG: to facilitate access, to assess specialist services, to lift heavy items, etc…).

5                  In cases where I am required to investigate defects or circumstances surrounding methods of inspection, that I will not cause damage (by way of invasive investigations) unless with express written permission of the parties (and/or property owners): any costs to achieve such access, and attendant reinstate of such damage, will be fully reimbursed to the Expert Witness (any and all such costs will be identified within our fee invoice that will be sent to the same addresses from which we received our initial instruction in this case).

6                  Following from (4) above we will state if any part of the commission would be best, in our opinion, completed by other individuals, in which case :-

6/1                  prior agreement will be sought from the Solicitors, and

6/2                  the names, details and qualifications of same will be recommended to Solicitors for verification purposes.

7                  This commission will be subject to the Regulation and Standards imposed by the Royal Institution of Chartered Surveyors: the RICS Practice Statement [PS] & Guidance Note [GN] “Surveyors Acting as Expert Witnesses” will therefore apply and, where appropriate, the CPR, or other rules, will apply. In respect of the former (RICS PS/GN) we can, upon your written request, supply a copy of the document that will include the addition of our Complaints Handling Procedure.

BUSINESS CHARGES

8/1                  For the task as currently outlined to this Practice we ask Solicitors/Parties to confirm the following as being acceptable to them for our services (this Practice is registered for vat – currently at the Standard Rate of Tax – all fees quoted are subject to the addition of VAT, as applicable): all fees and agreed charges and costs must be paid within 21 days of dispatch of our Invoice (parties liable for such payments but who will pass these on to another authority/body/individual/tribunal etc… must obtain an indemnity from that additional source that they will arrange for full payment to be made within this timescale and any special requirements they may have to achieve that state).

8/2                  Stuart Parrett will personally action this commission; his hourly charge is £105 per hour for reading the commission papers, obtaining any additional information, site inspection (if applicable) and preparing Reports as required. PLUS :-

8/2/1                  Travel costs will be assessed at 45p per mile or actual costs expended for train, taxi, plane, parking etc… Any unavoidable Congestion Charge, or other such travel levy/tax/cost, will be charged as a disbursement and added to agreed fee charges for payment by the client.

8/2/2                  Travel time will be additionally costed at £50 per hour but only after the first 30 minutes of any single journey;

8/2/3                  Attendance at Court will be charged at £120 per hour upon arrival at Court until leaving the premises;

8/2/4                  Court appearance will mean that the Expert must re-read the full File and Report and fee charges, at the standard hourly rate, will apply accordingly;

8/2/5                  Where a late notification of a cancelled Court appearance is given we reserve the right to charge an “abortive diary date” fee – this charge will be calculated at the rate of £750 per day or pro-rata part thereof where we cannot re-schedule other fee productive tasks;

8/2/6                  Disbursements will be charged “at cost” – see also item 13 below (reference Report copies and Photography);

8/2/7                  This Practice will, in the absence of clear Solicitor/Parties indication to the contrary, at the confirmation of instruction stage, look to the Solicitor(s)/Parties for full payment of fees and charges so invoiced – we reserve the right to request fee stage-payments (if Fee payment is not entirely within the power of those providing written instructions to us then we will require signed statements from other persons that are so responsible and their agreement to full payment within 21 days of our demand – see items above regarding debt recovery and please remember that we seek a full indemnity from those liable for fee payments that our full costs and charges will be reimbursed to us, including Court Fees and the professional charges of Debt Recovery Agencies).

INTEREST RATE & CALCULATION?  TO BE AGREED

METHODS OF PAYMENT?  TO BE AGREED

INTERIM PAYMENTS?   TO BE AGREED

PRE-PAYMENTS?   TO BE AGREED

PROFESSIONAL CONDUCT

9                  We will comply with the Bye-Laws of Regulations of the Royal Institution of Chartered Surveyors; of which Stuart Kevin Parrett is a Fellow; and in particular that we will act in accordance with the R.I.C.S.  “Appraisal and Valuation Manual” {the Red Book} and the RICS Practice Statement & Guidance Note “Surveyors Acting as Expert Witnesses” and, where appropriate, the CPR, or other such rules.

10                  When giving evidence at court our role will be in assisting the court and we will remain independent of the parties.

11                  This Practice, and any individual employed by this Practice and working on this particular commission, will disclose any direct or indirect association (formal, personal or otherwise) or connection with the client that may influence work for the client – any such actual or potential conflict of interest will be reported to the Solicitor(s) as soon as such becomes known or arises.

12                  The Surveyor or Valuer will assess the need to visit the premises, any “comparable transactions” addresses (for both this Practice and those of the other parties “comparables”) and also whether an interview with the Parties (and any conditions that may need to apply to such meetings) is required and where so will ask the Solicitors/Parties for access arrangements and/or other details accordingly;

THE REPORT

13                  Unless circumstances dictate otherwise the final written Report (5 copies hard copies will be supplied as part of the agreed fee structure – additional copies can be supplied at typical production costs of £25 per copy PLUS £1 per photographic copy contained therein) will typically cover the following areas :-

13/1                  basic information such as names, addresses and dates

13/2                  a summary of our findings/conclusions

13/3                  purpose in presenting the Report, and description of matter investigated

13/4                  the history of the matter

13/5                  methodology used in investigation

13/6                  details of any documents referred to, or seen/relied upon

13/7                  facts ascertained

13/8                  inferences drawn from the facts, with reasoning

13/9                  Appendices such as summary of the Expert’s qualifications and experience; important documents/references supplied or referred to; matrices of results of complex or key/core issues; photographs; diagrams/plans;

14                  Copies of our instructing letters and documents referred to will be copied and provided within our Report (Solicitors/Parties prior approval is hereby granted and will NOT be sought again – such prior approval being implicit in the parties agreement to so instruct us).

CONFIDENTIALITY

15                  The identity of the client or any information about the client acquired in the course of the commission shall not be disclosed except where consent has been obtained from the client or where there is a legal duty to disclose whilst we are acting upon your instructions.

COMPLAINTS PROCEDURE

16                  A fully documented Complaints Handling Procedure is available upon request. In the event of any dispute or complaint please contact S.K. Parrett FRICS, MAE, dipHI, in the first instance.

IMPORTANT NOTE

17                  This Practice, together with its Associates, specialise in residential plus small commercial premises (but please note we are not commercial premises Valuers).

18                  This Practice can accept commissions that revolve around the following :-

18/1                  Residential premises valuations and/or diminution in value

18/2                  RICS Homebuyer Survey & Valuation matters

18/3                  Building Surveys (often referred to as Structural Surveys)

18/4                  General Practice Surveyor/Valuer alleged negligence

18/5                  In respect of residential matters only – compliance with RICS “Red Book” (manual of Valuation Practice)

18/7                  Cases involving Building Defects and their consequences

18/8                  Actions of so-called “Cowboy Builders”

18/9                  Home Inspector / Domestic Energy Assessor roles and actions (in connection with Home Information Packs)

REPORT CAVEATS

19                  The following are a selection of clauses that will be included within our final Report: these are stipulated by our ruling Professional Bodies and Professional Indemnity Insurers (other such clauses may become necessary depending on exact circumstances of our inspection and both the land and buildings in question):-

19/1                  TRUTH STATEMENT – I confirm that insofar as the facts stated in my Report are within my own knowledge I have made clear which they are and I believe them to be true, and that the opinions I have expressed represent my true and complete professional option.

19/2                  End of Report Declaration 1 – I confirm that my Report includes all facts which I regard as being relevant to the opinions which I have expressed and that attention has been drawn to any matter which would affect the validity of those opinions.

19/3                  End of Report Declaration 2 – I confirm that my duty to COURT as an Expert Witness overrides any duty to those instructing or paying me, that I have understood this duty and complied with it in giving my evidence impartially and objectively, and that I will continue to comply with that duty as required.

19/4                  End of Report Declaration 3 – I also confirm that I am neither instructed, nor paid, under any kind of conditional fee agreement.

19/5                  End of Report Declaration 4 – I also confirm that I have no conflicts of interest of any kind (other than those already disclosed in my Report, if any).

19/6                  End of Report Declaration 5 – I confirm that my Report complies with the requirements of the Royal Institution of Chartered Surveyors (RICS), as set down in Surveyors Acting as Expert Witnesses (RICS Practice Statement and Guidance Note). RICS retain full copyright ownership of the PS/GN.