1. TERMS AND CONDITIONS

This document sets out the contractual terms upon which the Surveyor will advise the Client through a written Report as to his or her opinion of the visible condition and state of repair of the Property. The Surveyor will use all of the care and skill to be reasonably expected of an appropriately experienced Surveyor. It is essential to consider the Report as a whole rather than to take reports on individual defects out of context. Comments will be made as to whether defects are typical for the age and construction of the Property. This Report has been prepared solely for the benefit of the named Client in connection with the proposed purchase of the named Property. No liability is accepted to third parties whatsoever. This Report should not be disclosed in whole or in part to any other parties without the express consent of the Surveyor.

 

2. CONTENT OF THE REPORT

 Per these terms the Surveyor will report upon:

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

The grounds, boundaries, and other aspects considered to affect the Property. Any requirement for further investigation arising from the inspection.

 

3. PAYMENT OF FEES

The Client will pay the agreed Fee, any Additional Fees, any VAT, and any agreed disbursements within seven days of receipt of invoice.

All cancellations must be received via email to info@jrbsurveyors.com and confirmed by our team.

If the Client cancels within 48 hours, there is a 25% cancellation fee. If the Client rebooks with the same or different Property, within three months, we will deduct that 25% cancellation fee from the new invoice.

If no efforts are made to cancel within the preceding 48 hours of the survey, an abortive fee of 50% of the agreed fee will be charged.

In some instances where specialist subcontractors work alongside JRB Residential Surveyors Ltd. fees may be levied by JRB Residential Surveyors Ltd. on behalf of the sub-contractor in the interests of simplicity. However, the contractual relationship remains between the sub-contractor and the Client directly. JRB Residential Surveyors Ltd. accepts no responsibility for the content of reports or advice provided by a third-party subcontractor whether paid by JRB Residential Surveyors Ltd. or directly by the Client.

All fees shall be paid within seven days of receipt of the invoice. 

 

4. ASSUMPTIONS

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

The Property (if for sale) is offered with vacant possession, and we assume no encumbrances to the title, restrictive covenants, etc

The Property is connected to mains services with appropriate rights on a basis that is known and acceptable to the Client or such other system as notified by the vendors or their agents and.

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

The Surveyor will rely on details of the Property supplied by the Client, vendor, or vendor’s selling agent as appropriate. Your solicitors should verify any such information stated in the Report.

That all statutory consents are in place for the Property in its current form and use.  

 

1. SCOPE OF THE INSPECTION
2. Generally

The Report provides a general overview of the Property. It is essential that the whole Report is read and considered in detail prior to a binding commitment to purchase and that all works and further investigations are conducted and priced by competent contractors so that you are fully aware of the overall commitment and liabilities that you will be undertaking in purchasing the Property.

All hidden, unexposed, and inaccessible areas have not been inspected, and we cannot give comments as to their condition. However, attention will be drawn to their presence. A comment will be given as to whether further investigation should be carried out before purchase by competent, independent contractors or suitable specialists if deemed appropriate. 

Each room has been inspected where visible, in detail, and damp meter readings have been taken where possible and where felt relevant without moving heavy furniture or personal possessions. Most properties have fully-fitted floor coverings such as carpet, vinyl sheet, and floor tiling, which would restrict examination of the sub-floor and associated structure. Comments will be made with regard to any visible defects such as excessive springiness, sagging, or deflection. It is, however, impossible to comment upon the precise condition of the sub-floor without opening up the associated area and recommendations may be made in the Report if this is considered necessary. 

The Property may be occupied and furnished at the time of the inspection. Furniture, stored articles, and personal possessions will not be moved, and this ultimately may restrict access for inspection. Furthermore, access to roof spaces is often restricted, and boarding, stored goods, and loft insulation further restrict inspection of these areas.

Weather conditions at the time of the inspection may well affect the Surveyor’s ability to make a thorough assessment of the Property. For example, if it is not raining it is not possible to comment upon the precise function of the rainwater goods, roof junctions, and flashings. 

Often intense sunlight can obscure defects.

The Surveyor will not use ladders to inspect surfaces more than 3 metres above ground level, although binoculars will be used from ground level to inspect higher areas. Attention will be drawn to any areas that warrant further inspection from close quarters with the use of scaffolding etc.

Roof surfaces above 3 metres will be inspected with the aid of binoculars from publicly accessible land and the subject premises or from other parts of the building where accessible such as windows and skylights. There will inevitably be some areas that are not visible, and we will, therefore, be unable to comment with regard to these areas.

The Surveyor will consider his 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 or not explicitly requested by the Client to report thereon.

The Surveyor will inspect diligently but will not undertake any action which would risk damage to the Property or injury to himself.

The Surveyor will not undertake any structural or other calculations.

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

The Surveyor will inspect the roof spaces if there are available hatches that 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.

Manholes will be lifted and inspected only, if possible, by conventional means. If damage to the surrounding frame or local area would be incurred then the chamber shall not be inspected, likewise if harmful to the surveyor due to the weight of the manhole cover.

The inspection will include boundaries, grounds, and permanent outbuildings. Whilst we will look for Japanese knotweed, we are not specialists in invasive plants. But if suspected, we will advise accordingly in the recommendations.

 

1. Services

Inspection of the service installations is limited to visible areas only, and no inspection will be made of any hidden or inaccessible sections. General comment as to apparent condition only is made and no tests or specialist investigations etc. have been undertaken nor are we able to verify the system complies entirely with current-day legislation or works correctly in accordance with its designed purpose. The Surveyor will report if it is considered that tests are advisable.

Surveyors are not qualified to comment upon the condition of certain specific items such as gas and electrical installations. In the event that no electrical test certification is available dated within the last 10-year period, the electrical installation should be tested by an NICEIC registered contractor prior to entering into a legal commitment to purchase. Furthermore, suppose a gas installation has not been tested by a Gas Safe registered engineer within the past 12 months. In that case, a gas safety check should be carried out, and the boiler system checked and serviced prior to entering into a legal commitment to purchase.

 

1. Flats or maisonettes

Unless otherwise agreed, the Surveyor will inspect only the subject flat and garage (if any) and will comment in general terms with regard to 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 or visibility in relation to the common parts and structure. The Surveyor will state whether he has seen a copy of the lease and, if not, the assumptions as to repairing obligations on which he is working.

 

1. Environmental and other issues

Particular noise and disturbance affecting the Property will only be noted if it is significant or evident at the time of the inspection or if a specific investigation has been agreed between the Surveyor and the Client and confirmed in writing.

The Surveyor will report on any health and safety hazards to the extent that they are apparent from elements of the Property considered as part of the inspection.

 

6. HAZARDOUS MATERIALS

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 their view, there is a likelihood that deleterious material has been used in the construction and specific inquiries should be made, or tests carried out by a specialist.

The Surveyor will advise if there are transformer stations or overhead power lines that 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.

The possible effects of electromagnetic fields have been the subject of media coverage. The Health Protection Agency (HPA), an independent body with responsibility for advising on electromagnetic fields, has advised that, following studies, there may be a risk, in specified circumstances, to the health of specific categories of people. Public perception may, therefore, affect marketability and future value of the Property. Further, and detailed, technical information can be obtained from the HPA, Centre for Radiation, Chemical, and Environmental Hazards at Chilton, Didcot, Oxon, OX11 ORO or at http://www.hpa.org.uk/radiation/default.html

No asbestos testing will be undertaken and no hazardous materials testing will be undertaken. 

 

7. GROUND CONDITIONS

The Surveyor will not comment upon the possible existence of noxious substances, landfill or mineral extraction, or other forms of contamination (see point 5(d) above).

 

8. CONSENTS, APPROVALS, AND SEARCHES

The Surveyor will be entitled to assume that the Property is not subject to any unusual or onerous restrictions, obligations, or covenants that apply to the Property or affect the reasonable enjoyment of the Property.

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 inquiries should be made by the Client or the Client’s legal advisers. Drawings and specifications will not be inspected by the Surveyor unless previously agreed. No formal inquiries have been made of local statutory authorities to verify information relating to planning permission, Building Regulation control or the Water Board, etc. as we assume that your solicitors will carry out these inquiries as part of standard pre-contract inquiries.

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 inquiries, or by a Statutory Notice and that neither the Property, nor its condition, its use, or its intended use, is or will be unlawful.

 

 

9. ADDITIONAL SERVICES

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.

 

10. MISCELLANEOUS

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.

Where the Client has instructed the Surveyor to make investigations that will 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.

Dispute Resolution – In the event that the Client has a complaint regarding the standard of service he or she has received, a formal complaint handling procedure will be followed. A copy of the Surveyor’s complaints handling procedure is available upon request. Using our Complaints Handling Procedure will not affect the Client’s legal rights.

The Client may only rely upon the Surveyor’s advice and Report in connection with the purchase of the named Property. If the Client wishes to rely upon such advice and Report for any other purposes, he or she may only do so with the written consent of the Surveyor. 

Guidance on the cost of works or repairs given in the Report is indicative only. Purchasers should obtain three competitive quotes for all necessary works prior to entering into a legally binding commitment to purchase.

As part of your pre-contract inquiries, your solicitor should clarify the existence of warranties, guarantees, service histories, and other paperwork relating to works at the Property, installations, and appliances. Copies of these should be requested from the vendors’ solicitors, and you should ensure that, where appropriate, the benefit of these is assigned to you as the new owner.

You should instruct your legal advisers to confirm whether the Property has a leasehold or freehold title. Furthermore, you should request that your solicitors fully explain the difference between these two forms of tenure, particularly with regard to the obligations under the lease, which ultimately can be enforced by the superior landlord.

The contract to provide services is between the Client and JRB Residential Surveyors Ltd. only. The Client shall not have any recourse against any individual under any circumstances.