Introduction

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. A description of the RICS Level 3 Service is attached at the end of this document.

2. The individual carrying out the inspection and providing advice will be a Surveyor who is:
   
   an AssocRICS, MRICS or FRICS member of RICS. The Surveyor may be accompanied by a Trainee who may assist in compiling the report.

3. The Surveyor will use all of the care and skill to be reasonably expected of an appropriately experienced surveyor.

4. The Surveyor has the relevant knowledge, skills and understanding to undertake the survey competently.

5. Durare Surveyors is regulated by RICS for the provision of surveying services. This means we agree to uphold the RICS Rules of Conduct and all other applicable mandatory professional practice requirements of RICS, which can be found at www.rics.org. As an RICS regulated firm we have committed to cooperating with RICS in ensuring compliance with its standards. The firm’s nominated RICS Responsible Principal is Mr. Tim Naylor, AssocRICS (tim@durare-surveyors.com).

Content of the Report - In accordance with these terms the Surveyor will report upon:

1. The main aspects of the Property including assessing the site/location, the design, structural framework, fabric and services.

2. The grounds, boundaries and environmental aspects considered to affect the Property.

3. Any requirements for further investigation arising from the inspection.

Delivery of the Report

1. The Report is to be delivered by the date agreed or at such later date as is reasonable in the circumstances.

2. The Surveyor will send the Report to the Client's address (or other agreed address) by email for the sole use of the Client. We are a paperless office and therefore the report will be sent by email only. 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. 

Payment of fees

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.

2. The fee will be calculated by reference to a scale of charges that Durare Surveyors have prepared.

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. Payment is due once a date has been scheduled for your Survey.

5. If a valuation is included, this will be undertaken in accordance with RICS International Valuation Standards. Compliance with these standards may be subject to monitoring under RICS' conduct and disciplinary regulations.

6. When an instruction has been received from a 3rd party, part of the fee may have been retained by them. Where a referral fee has been paid through our Surveyor-for-You platform, separate terms have been issued.

7. Durare Surveyors has a Complaints Handling Procedure, that is available upon request.

8. The Client will pay the Agreed Fee, any Additional Fees for extra services, such as a 'Valuation', or 'Costs of Repairs' (there are no hidden fees), any VAT and any agreed disbursements.

9. 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.

10. 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.

Unless otherwise expressly agreed, the Surveyor while preparing the Report will assume that:

1. The property (if for sale) is offered with vacant possession.

2. The Property is connected to mains services with appropriate rights on a basis that is known and acceptable to the Client.

3. Access to the Property is as of right upon terms known and acceptable to the Client.

Scope of the inspection

1. Generally

   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.

   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.

   3. The Surveyor will not undertake any structural or other calculations.

   4. This report is not a Specialist Fire Risk Assessment, nor will it provide specialist Disability Access advice. If this is a Level 3 Home Survey on a Commercial Property, you will require a separate FRA (Fire Risk Assessment) and Specialist Disability Access advice.

2. Accessibility

   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.

   2. The Surveyor is not required to move any obstruction to inspection including, but not limited to, furniture and floor coverings.

3. Floors

   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.

4. Fixed covers or housings

   1. The surveyor will not attempt to remove securely fixed covers or housings without the express permission of the owner.

5. Roofs

   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. Boundaries, grounds & outbuildings

   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.

7. Services

   1. The Surveyor will carry out a visual inspection of the service installations where accessible. Drainage inspection covers will be lifted where they specifically serve the subject property and 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.

8. Areas not inspected

   1. The Surveyor will identify any areas which would normally be inspected but which he or she was unable to inspect.

9. Flats or maisonettes

   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.

10. Environmental & other issues

    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.

    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.

Hazardous materials

1. 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.

2. 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.

3. 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.

4. 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.

5. 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. Our Survey is not a Specialist asbestos report. If this report is for a commercial property, you should obtain a Specialist Asbestos report separately.

6. 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.

Ground conditions

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.

Consents, approvals & searches

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.

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.

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.

Additional services

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.

2. If a Market Valuation or a Reinstatement Valuation is required, an additional charge of one hundred and seventy-five pounds (£225.00) will cover one or both of these services.

3. If a reinstatement valuation is requested at a date following the inspection of the property, the floor area will not have been assessed. Unless the client instructs a further inspection and pays accordingly, the surveyor will use information from the Energy Performance Certificate.

Miscellaneous

1. In the event of a conflict between these General Terms and the Specific Terms, the Specific Terms prevail.

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.

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.

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. Please see 14 below.

5. Legitimate Claims against the Company in respect of work carried out at the subject of this document, and relating to the Subject Property, will be valid up to a total of 50 times the Initial Fee paid for the work, including VAT.

6. Recommendations to obtain Contractor's Estimates or Quotations and/or arrange Further Investigation, must be followed, and any additional issues that come to light as a consequence, must be referred back to us before any Commitment is made to Purchase the Subject Property. Failure to follow this advice will invalidate any Claim against the Company, whether or not the complaint refers to repairs recommended, or issues raised within the report.

7. COMBUSTIBILITY & FIRE SAFETY EXCLUSION (ABOVE 4 STOREYS): It is hereby noted and agreed that Durare Surveyors shall not be liable for any Claim or part of a Claim, Circumstance, loss, liability, cost, expense or Defence Costs and/or expenses directly or indirectly arising out of, or in any way connected with the combustibility, or fire performance of composite, insulated or aesthetic purpose panels used for the attachment, insulation or the external cladding of any building above 4 storeys in height, and/or any claim relating to the fire safety of a building above 4 storeys in height.
   
   For the avoidance of doubt this exclusion shall not apply in respect of buildings 4 storeys or under.

8. EXTERNAL WALL FIRE REVIEW EXCLUSION
   
   Durare Surveyors shall not be liable in respect of any Claim, in any way connected, directly or indirectly, with the:
   a.    completion of the EWS 1 form (or as revised) unless specifically declared to and agreed by Us and Our Insurer or,
   b.    any Claim arising out of liability assumed by us under any EWS 1 form (or as revised) which provides greater or longer lasting benefit than that given under the standard form published by Building Societies Association RICS and UK Finance.

9. 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.

10. The Surveyor - The service will be provided by an AssocRICS, MRICS or FRICS member of the Royal Institution of Chartered Surveyors (RICS) who has the skills, knowledge and experience to survey and report on the property. Where the surveyor is also providing a valuation of the property, they have the skills, knowledge and experience to provide such a valuation, and are a member of the RICS Valuer Registration scheme.

11. The Firm’s entire financial liability is hereby limited to a maximum of £1,000,000 (one million pounds) in as far as such limitation is lawful.

12. Cancellation of your survey after acceptance of our Terms & Conditions will result in a cancellation fee of seventy-five pound (£75.00) which covers the significant administration cost involved in procuring instructions.

13. Cancellations on the day of the survey will not be refunded.

14. If the Client pays the cancellation fee and subsequently books another survey with the Company, a 10% discount will be provided towards the Client’s next survey.

15. For any unforeseen circumstances which requires you to cancel your survey, please contact the Company to discuss further.

16. For the purpose of communicating potential defects that may require input from the vendor/s and/or their agent, it may be appropriate to briefly discuss the condition of the property with these parties. This will be at the discretion of the Surveyor.

17. None of our employees, partners or consultants individually has a contract with you or owes you a duty of care or personal responsibility. You agree that you will not bring any claim against any such individuals personally in connection with our services.

18. We shall provide the Level 3 Home Survey service, which shall be delivered in accordance with the current edition of the Home survey standard RICS professional statement and shall be equivalent to level 3.
    
    Some examples from the professional statement of services for different survey levels are given below:
    
    Windows
    - (Level 1 survey): We will attempt to open only a limited sample of the windows. This might typically include one on each elevation.
    - (Level 2 survey): We 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 type of window where there is a variety.
    - (Level 3 survey): We will attempt to open all windows on all elevations and assess the surfaces, frames and ironmongery for any signs of defect or deficiency where apparent.
    
    Floors
    - (Level 1 survey): We will closely inspect the surfaces of exposed floors but will not lift carpets, floor coverings or floorboards. We will not lift hatches or look below the floor.
    - (Level 2 survey): In addition to that described for Level 1, where floors have unfixed access hatches/panels or floorboards, we will inspect subfloor areas by an inverted ‘head and shoulders’ inspection where appropriate and safe to do so. We will not enter the subfloor area.
    - (Level 3 survey): In addition to that described for Levels 1 and 2, we will inspect the surfaces of exposed floors and will lift the corners of any loose and unfitted carpets or other floor coverings where practicable. We will assess all floors for excessive deflection by a ‘heel-drop’ test.
    
    Grounds
    - (Level 1 survey): We will carry out a visual inspection of the grounds from within the boundaries of the subject property and, where necessary, from adjoining public property.
    - (Level 2 survey): We will visually inspect the garden/grounds during a general walk around and, where necessary and appropriate, from adjoining public property.
    - (Level 3 survey): We will carry out a thorough visual inspection of the grounds and, where necessary and appropriate, from adjoining public property. Our assessment 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 and so on.

19. Retention of documents - We will retain all files and documents for a reasonable period, which will in any event be not less than 6 years after completion or termination of the service(s). These will be securely stored and available for future inspection, if required, for up to a maximum of 15 years. Once the service has been completed and post-report-delivery discussions with the client concluded, the RICS member should make sure the project file is properly closed. Although this will depend on the RICS member’s own quality assurance procedures, it will usually involve assembling and updating all the relevant information and communications (hard copy and/or digital) and archiving in accordance with current practice. These should be securely stored and made available for future inspection if required. A legal liability may extend up to a maximum of 15 years in England and Wales but this may vary in Scotland and Northern Ireland.

20. Audit of files - As an RICS regulated firm, external organisations may conduct audit or quality assurance reviews on our practice. Your file may be subject to monitoring and review, and we will need to provide this to RICS on request in accordance with RICS Rules of Conduct for Members and/or RICS Rules of Conduct for Firms.

21. Conflicts of interest and referral fees - The RICS member must declare any conflicts and how these are managed in accordance with the current editions of the International Ethics Standards, RICS Valuation – Global Standards, RICS Valuation – Global Standards: UK national supplement, RICS Rules of Conduct and Conflicts of interest, RICS professional statement.
    
    RICS members and regulated firms must be transparent and open with their clients or potential clients by acknowledging that they have offered or received a referral fee or other inducement prior and relating to taking the instruction.
    
    RICS members and regulated firms must provide clients or prospective clients with a written statement (which should be included in the terms of engagement) stating one of the following, depending on which applies:
    
    When an instruction has been received from a 3rd party, part of the fee may have been retained by them. Where a referral fee has been paid through our Surveyor-for-You platform, separate terms have been issued.

Right to cancel (not applicable to professional or lender clients)

1. You have the right to cancel this contract within 14 days without giving any reason.

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.

3. To exercise the right to cancel, you must inform us in writing, or by email, of your decision to cancel this contract.

4. To meet the cancellation deadline, it is sufficient to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

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.

Fair Processing Policy (General Data Protection Regulations)

1. What information is being collected?
   We do not keep any sensitive personal data. We simply keep your name, home address, contact number(s) and email address on our computer system to enable us to provide our surveying services efficiently and professionally.

2. Who is collecting it?
   Durare Ltd collects and retains personal data.

3. How is it collected?
   Personal data is only collected from prospective clients asking about our surveying services, and existing clients who are receiving or have received our surveying services.

4. Who will it be shared with?
   Your personal data will not be shared with any other organisation, other than your email address, with Trustpilot.com, only for the purpose of inviting you to review our services. You should inform us as soon as you receive this email if you DO NOT wish us to share your email with Trustpilot.com. More information on Trustpilot's Privacy Policy can be found here Trust Pilot Privacy. If shares in the company are assigned to other parties, we shall ensure that future shareholders only use personal data for the same purpose as ourselves.

5. What will be the effect of this on the individuals concerned?
   There will be no effect upon individuals, other than that associated with the service that they have requested.

6. Is the intended use likely to cause individuals to object or complain?
   There should be no reason why our retention of personal data should be a cause of objection or complaint.

7. Can I have my personal Data deleted?
   You can have your personal Data deleted at any time, simply by contacting us and confirming who you are. You should however be aware that it could make it difficult to process any
   future queries you may have in relation to the service we have provided you.

Complaint Handling Procedure

1. If there is any aspect of our service with which you are not happy (including complaints about our bills), please follow our Complaints Handling Procedure:
   
   If you wish to make a complaint to Durare Surveyors, you will need to put this in writing if you have not already done this. In any event, we attempt to acknowledge your complaint within 7 days by issuing you with a copy of this Complaints Handling Procedure.
   
   Stage 1
   Upon receipt of a written complaint, the first stage of our complaints handling procedure will involve full consideration of your complaint by our Senior Director Mr Tim Naylor AssocRICS on behalf of the firm. We will try to resolve the complaint to your satisfaction within a period of 8 weeks of receiving your written complaint. If you are happy with the outcome of Mr Naylor’s investigation into your complaint, the matter will conclude.
   
   Stage 2
   If we cannot agree on how to resolve the complaint then you will have the opportunity to take your complaint to the final stage of our complaints handling procedure, which is
   
   Please contact our complaints handling partner CEDR: If you are a non-business client:
   CEDR (Centre for Effective Dispute Resolution) 70 Fleet Street, London EC4Y 1EU
   tel: 02075 366116 or 02075 203800
   email: applications@cedr.com www.cedr.com

Valuation

1. Where a Valuation has been requested, the surveyor gives an opinion on both the market value of the property and the reinstatement cost at the time of the inspection (see Reinstatement cost below).
   
   Market value
   Market value is the estimated amount for which an asset or liability should exchange on the valuation date between a willing buyer and a willing seller in an arm’s length transaction, after proper marketing wherein the parties had each acted knowledgeably, prudently and without
   compulsion.
   
   When deciding on the market value, the surveyor also makes the following assumptions. The materials, construction, services, fixtures and fittings, and so on.
   
   The surveyor assumes that:
   
   •    an inspection of those parts that have not yet been inspected would not identify significant defects
   •    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 as landfill
   •    the property is connected to, and has the right to use, the mains services mentioned in the report and
   •    the valuation does not take into account any furnishings, removable fittings and sales incentives of any description.
   
   Legal matters
   The surveyor assumes that:
   •    the property is sold with ‘vacant possession’ (your legal advisers can give you more information on this term)
   •    the condition of the property, or the purpose that the property is or will be used for, does not break any laws
   •    no particularly troublesome or unusual restrictions apply to the property, the property is not affected by problems that would be revealed by the usual legal enquiries, and all necessary planning and Building Regulations permissions (including permission to make alterations) have been obtained and any works undertaken comply with such permissions, and
   •    the property has the right to use the mains services on normal terms, and the sewers, mains services and roads giving access to the property have been ‘adopted’ (that is, they are under local authority, not private, control).
   The surveyor reports any more assumptions that have been made or found not to apply. If the property is leasehold, the general advice referred to earlier explains what other assumptions the surveyor has made
   
   Reinstatement cost
   Reinstatement cost is the cost of rebuilding an average home of the type and style inspected to its existing standard, using modern materials and techniques, and by acting in line with current Building Regulations and other legal requirements.
   
   This includes the cost of rebuilding any garage, boundary or retaining walls and permanent outbuildings, and clearing the site. It also includes professional fees, but does not include VAT (except on fees).
   
   The reinstatement cost helps you decide on the amount of buildings insurance cover you will need for the property.