Terms of Service
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Right to cancel (not applicable to professional or lender clients)
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You have the right to cancel this contract within 14 days without giving any reason.
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The cancellation period will expire after 14 days from the date that you receive this agreement; this is known as the ‘cooling-off’ period.
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To exercise the right to cancel, you must inform us in writing, or by email, of your decision to cancel this contract.
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To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
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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.
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General Terms
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In the event of one of the Terms of Engagement herein being held to be unenforceable, the remainder of the contract is not affected.
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We have undertaken a conflict check and can find no reason as to why we would be unable to undertake the report on your behalf. If you have provided us with additional information or advised us to contact a third party for further information, it is implicit that we can safely rely on that information.
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Unless organised through a 3rd party, the Client shall pay the Firm in respect of the said professional advice a fee to be agreed between the client and the firm. In addition, the Client will reimburse the Firm the cost of all reasonable out-of- pocket expenses which may be incurred and pay the amount of any Value Added Tax on the fee and expenses. If organised through a 3rd party, the client should study the terms of that company.
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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.
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If the Client has agreed to accept reimbursement of the fee paid, or the Firm’s fee account has not been settled within three months of the date of the invoice, then it is agreed that the Client has placed no reliance on the report and thus the Client or any permitted assignees will not be entitled to pursue any action for alleged negligence, breach of contract or breach of duty. This does not limit the Firm’s entitlement to the agreed fee.
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If the Client has any dissatisfaction with the service, the Firm has a complaints procedure in accordance with the requirements of the RICS. A copy of this will be provided on request.
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Legitimate Claims against the Company in respect of Work carried out as 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.
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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.
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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. -
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:-
completion of the EWS 1 form (or as revised) unless specifically declared to and agreed by Us and Our Insurer or,
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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.
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It is advised that the RICS may, as part of its Regulatory function, check the report for compliance with the current RICS Valuation - Professional Standards.
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Failure to follow the requirements set down by these conditions will invalidate the report and the valuation. This contract for the provision of this valuation service is subject to English law. Any dispute in relation to this contract, or any aspect of the valuation, shall be subject to the exclusive jurisdiction of the Courts of England and Wales and shall be determined by the application of English law, regardless of who initiates proceedings in relation to the valuation.
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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.
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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.
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RICS Requirements
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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.
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The fee will be calculated by reference to a scale of charges that Durare Surveyors have prepared.
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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.
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Durare has a Complaints Handling Procedure, that is available upon request.
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The fee paid by the Client may include an element of introductory commission paid by the surveyor to a third party.
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Fair Processing Policy (General Data Protection Regulations)
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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 -
Who is collecting it?
Durare Ltd collects and retains personal data. -
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. -
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. -
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. -
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. -
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.
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Cancellation Fees
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Cancellation of your survey after acceptance of our Terms of Engagement will result in a cancellation fee of seventy-five pound (£75.00) which covers the significant administration cost involved in procuring instructions.
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Cancellations on the day of the survey will not be refunded.
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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.
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For any unforeseen circumstances which requires you to cancel your survey, please contact the Company to discuss further.
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Conflict of interest
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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 beat the discretion of the Surveyor.
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Description of the RICS HomeBuyer (Survey & Valuation) Service
The Service
The RICS HomeBuyer (Survey & Valuation) Service includes:
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an inspection of the property (see ‘The inspection’)
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a report based on the inspection (see 'The report')
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if requested, a valuation which is part of the report (see ‘The Valuation’).
The surveyor who provides the RICS HomeBuyer Service (Survey) aims to give you professional advice to help you to:
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make an informed decision on whether to go ahead with buying the property
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make an informed decision on what is a reasonable price to pay for the property
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take account of any repairs or replacements the property needs; and
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consider what further advice you should take before committing to purchase the property.
The inspection
The surveyor inspects the inside and outside of the main building and all permanent outbuildings, but does not force or open up the fabric. This means that the surveyor does not take up carpets, floor coverings or floorboards, move furniture, remove the contents of cupboards, roof spaces, etc., remove secured panels and/or hatches or undo electrical fittings.
If necessary, the surveyor carries out parts of the inspection when standing at ground level from public property next door where accessible.
The surveyor may use equipment such as a damp-meter, binoculars and torch, and may use a ladder for flat roofs and for hatches no more than 3 metres above level ground (outside) or floor surfaces (inside) if it is safe to do so.
Services to the property
Services are generally hidden within the construction of the property. This means that only the visible parts of the available services can be inspected, and the surveyor does not carry out specialist tests. The visual inspection cannot assess the efficiency or safety of electrical, gas or other energy sources; plumbing, heating or drainage installations (or whether they meet current regulations); or the inside condition of any chimney, boiler or other flue.
Outside the property
The surveyor inspects the condition of boundary walls, fences, permanent outbuildings and areas in common (shared) use. To inspect these areas, the surveyor walks around the grounds and any neighbouring public property where access can be obtained.
Buildings with swimming pools and sports facilities are also treated as permanent outbuildings, but the surveyor does not report on the leisure facilities, such as the pool itself and its equipment, landscaping and other facilities (for example, tennis courts and temporary outbuildings).
Flats
When inspecting flats, the surveyor assesses the general condition of outside surfaces of the building, as well as its access areas (for example, shared hallways and staircases).The surveyor inspects roof spaces only if they are accessible from within the property. The surveyor does not inspect drains, lifts, fire alarms and security systems.
Dangerous materials, contamination and environmental issues
The surveyor does not make any enquiries about contamination or other environmental dangers. However, if the surveyor suspects a problem, he or she should recommend a further investigation.
The surveyor may assume that no 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, the surveyor must report this and ask for further instructions.
The surveyor does not carry out an asbestos inspection and does not act as an asbestos inspector when inspecting properties that may fall within the Control of Asbestos Regulations 2012. With flats, the surveyor assumes that there is a ‘dutyholder’ (as defined in the regulations), and that in place are an asbestos register and an effective management plan which does not present a significant risk to health or need any immediate payment. The surveyor does not consult the dutyholder.
The report
The surveyor produces a report of the 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. The report focuses on matters that, in the surveyor’s opinion, may affect the value of the property if they are not addressed.
The report is in a standard format and includes the following sections.
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Introduction to the report
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About the inspection
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Overall opinion and summary of the condition ratings
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About the property
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Outside the property
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Inside the property
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Services
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Grounds (including shared areas for flats)
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Issues for your legal advisers
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Risks
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Valuation
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Surveyor’s declaration
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What to do now
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Description of the RICS HomeBuyer (Survey & Valuation) Service
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Typical house diagram
Condition ratings
The surveyor gives condition ratings to the main parts (the ‘elements’) of the main building, garage and some outside elements. The condition ratings are described as follows.
Condition rating 3 – defects that are serious and/or need to be repaired, replaced or investigated urgently.
Condition rating 2 – defects that need repairing or replacing but are not considered to be either serious or urgent. The property must be maintained in the normal way.
Condition rating 1 – no repair is currently needed. The property must be maintained in the normal way.
NI – not inspected.
The surveyor notes in the report if it was not possible to check any parts of the property that the inspection would normally cover. If the surveyor is concerned about these parts, the report tells you about any further investigations that are needed.
The surveyor does 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.
Energy
The surveyor has not prepared the Energy Performance Certificate (EPC) as part of the RICS HomeBuyer Service for the property. If the surveyor has seen the current EPC, he or she will present the energy-efficiency and environmental impact ratings in this report. The surveyor does not check the ratings and cannot comment on their accuracy.
Issues for legal advisers
The surveyor does not act as ‘the legal adviser’ and does not comment on any legal documents. If, during the inspection, the surveyor identifies issues that your legal advisers may need to investigate further, the surveyor may refer to these in the report (for example, check whether there is a warranty covering replacement windows).
This report has been prepared by a surveyor (‘the Individual Surveyor’) merely in his or her capacity as an employee or agent of a firm or company or other business entity (‘the Company’). The report is the product of the Company, not of the Individual Surveyor. All of the statements and opinions contained in this report are expressed entirely on behalf of the Company, which accepts sole responsibility for these. For his or her part, the Individual Surveyor assumes no personal financial responsibility or liability in respect of the report and no reliance or inference to the contrary should be drawn.
In the case of sole practitioners, the surveyor may sign the report in his or her own name unless the surveyor operates as a sole trader limited liability company.
Nothing in this report excludes or limits liability for death or personal injury (including disease and impairment of mental condition) resulting from negligence.
Risks
This section summarises defects and issues that present a risk to the building or grounds, or a safety risk to people. These may have been reported and condition rated against more than one part of the property or may be of a more general nature, having existed for some time and which cannot reasonably be changed.
If the property is leasehold, the surveyor gives you general advice and details of questions you should ask your legal advisers.
The valuation
The surveyor gives an opinion on both the market value of the property and the reinstatement cost at the time of the inspection (see the ‘Reinstatement cost’ section).
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:
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an inspection of those parts that have not yet been inspected would not identify significant defects
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no dangerous or damaging materials or building techniques have been used in the property
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there is no contamination in or from the ground, and the ground has not been used as landfill
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the property is connected to, and has the right to use, the mains services mentioned in the report and
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the valuation does not take account of any furnishings, removable fittings and sales incentives of any description.
Legal matters
The surveyor assumes that:
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the property is sold with ‘vacant possession’ (your legal advisers can give you more information on this term)
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the condition of the property, or the purpose that the property is or will be used for, does not break any laws
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no particularly troublesome or unusual restrictions apply to the property, that the property is not affected by problems which would be revealed by the usual legal enquiries and that all necessary planning and Building Regulations permissions (including permission to make alterations) have been obtained and any works undertaken comply with such permissions;and
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the property has the right to use the mains services on normal terms, and that 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 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.
Standard terms of engagement
The service – the surveyor provides the standard RICS HomeBuyer (Survey & Valuation) Service (‘the service’) described in the ‘Description of the RICS HomeBuyer (Survey & Valuation) Service’, unless you and the surveyor agree in writing before the inspection that the surveyor will provide extra services. Any extra service will require separate terms of engagement to be entered into with the surveyor. Examples of extra services include:
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costing of repairs
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schedules of works
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supervision of works
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re-inspection
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detailed specific issue reports; and
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market valuation (after repairs).
The surveyor – the service is to be provided by an AssocRICS, MRICS or FRICS member of the Royal Institution of Chartered Surveyors, who has the skills, knowledge and experience to survey, value and report on the property and is a member of the RICS Valuer Registration Scheme.
Before the inspection – you tell the surveyor if there is already an agreed or proposed price for the property and if you have any particular concerns (such as plans for extension) about the property.
Terms of payment – you agree to pay the surveyor’s fee and any other charges agreed in writing.
Cancelling this contract – nothing in this clause 5 shall operate to exclude, limit or otherwise affect your rights to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015, or under any such other legislation as may from time to time be applicable. Entirely without prejudice to any other rights that you may have under any applicable legislation, you are entitled to cancel this contract in writing by giving notice to the surveyor’s office at any time before the day of the inspection, and in any event within fourteen days of entering into this contract. Please note that where you have specifically requested that the surveyor provides services to you within fourteen days of entering into the contract, you will be responsible for fees and charges incurred by the surveyor up until the date of cancellation.
Liability – the report is provided for your use, and the surveyor cannot accept responsibility if it is used, or relied upon, by anyone else.
Complaints handling procedure
The surveyor will have a complaints handling procedure and will give you a copy if you ask. The surveyor is required to provide you with contact details, in writing, for their complaints department or the person responsible for dealing with client complaints. Where the surveyor is party to a redress scheme, those details should also be provided. If any of this information is not provided, please notify the surveyor and ask that it be supplied.
Note: These terms form part of the contract between you and the surveyor.
This report is for use in England, Wales, Northern Ireland, Channel Islands and Isle of Man.