Terms of Engagement

(A) TERMS OF ENGAGEMENT FOR LEVEL 2 & LEVEL 3 SURVEYS

​

1. The terms under which the Surveyor will carry out the Residential Survey are set out below. Any amendment to the Terms of Engagement must be agreed in writing by both parties before the surveyor undertakes the inspection.

2. THE INSPECTION

The inspection will include all parts of the property which are visible whilst standing at ground level within the boundaries of the site and adjacent public/accessible areas and whilst standing at various floor levels. The surveyor will use binoculars where needed.

(a) Accessibility and Voids The Surveyor will inspect as much of the surface area of the structure as is practicable within the restrictions imposed by occupation, furniture, fittings and floor coverings, and will not inspect areas, which are covered, unexposed or inaccessible. Screwed down access hatches and service ducts will not be removed.

(b) Floors The Surveyor will lift accessible sample loose floorboards and trap doors, if any, which are not covered by heavy furniture, ply or hardboard, carpets or other floor coverings. The Surveyor will not attempt to raise fixed floorboards.

(c) Roofs The Surveyor will inspect the roof spaces if there are available hatches and they are readily accessible. The Surveyor will have a ladder of sufficient height to gain access to a roof hatch or to a single storey roof, not more than 3.0m (10ft) above the floor or adjacent ground. It might not therefore be possible to inspect roofs above this level; in such a case, pitched roofs will be inspected using binoculars. The Surveyor will follow the guidance in Surveying Safely, health and safety principles for property professional, 2nd edition, issued by the RICS in November 2018, which covers working with residential property.

(d) Structural Timber Inspection of the roof voids and beneath floors, where access is available, is confined to overall design and construction, individual timbers are not specifically examined although if material defects are observed such defects will be recorded in the report.

(e) Walls Wherever possible the fabric will be examined for evidence of material structural movement but no excavations will be made.

(f) Boundaries, Grounds and Outbuildings The inspection will include boundaries, grounds and outbuildings. Specialist leisure facilities, including swimming pools and tennis courts will not be inspected.

(g) Services The Surveyor will carry out a visual inspection of the service installation where accessible. Manhole covers will be lifted where accessible and practicable. No comment can be made on the practicality of using chimneys and flues. Surveyors do not carry out specific tests on services. The Surveyors will report any faults apparent from the visual examination and make recommendations for any specific testing by a specialist.

(h) Areas Not Inspected The Surveyor will identify any areas which would normally be inspected but which he was unable to inspect and indicate where he considers that access should be obtained or formed, and additionally will advise on possible or probable defects based on evidence of what he has been able to see. The report will not purport to express an opinion or advise upon the condition of un-inspected parts and should not be taken as making any implied representation or statement about such parts. Theoretical calculations to check size and/or adequacy of structural elements will not be made.

3. DELETERIOUS AND HAZARDOUS MATERIALS

(a) 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 view, there is a likelihood that High Alumina Cement (HAC) concrete has been used in the construction and that, in such cases, specific enquiries should be made or tests carried out by a specialist. 

(b) Lead water supply pipes and asbestos will be noted, and advice given, if these can be seen but it must be appreciated that such materials are often only visible after opening up which cannot be carried out at the risk of causing damage – see paragraph 2(a) above.

(c) 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.

(d) 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, but the Surveyor cannot assess any possible effect on health. For obvious reasons the Surveyor cannot report on any underground cables.

4. CONTAMINATION

The Surveyor will not comment upon the existence of contamination as this can only be established by appropriate specialists. Where, from his local knowledge or the inspection, he considers that contamination might be a problem, he should advise as to the importance of obtaining a report from an appropriate specialist.

5. CONSENTS, APPROVALS AND SEARCHES

(a) The Surveyor 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.

(b) The Surveyor will assume that all Byelaws, Building Regulations and other consents required have been obtained. In the cases of new buildings, and alterations and extensions which require Statutory Consents or Approvals, the Surveyor will not verify whether such consents have been obtained. Enquiries should be made by the Client or their Legal Advisers. Drawings and specifications will not be inspected by the Surveyor.

(c) The Surveyor will 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, nor its intended use, is or will be unlawful.

6. FEES AND EXPENSES

The Client will pay the agreed fee for the report and any expressly agreed disbursements in addition prior to the inspection and release of the report. Fees paid in advance are not regarded as “Client’s Money” as defined by the RICS Rules of Conduct.

7. RESTRICTION OF DISCLOSURE

The report is for the sole use of the named Client and is confidential to the Client and their professional Advisers. Any other persons rely on the report at their own risk. The report is not subject to the provisions of the (Right to Contracts of Third Parties) Act 1999.

8. VALUATION - GENERALLY

The survey report will not include a Valuation.

9. CANCELLATION - IMPORTANT

The Client shall be entitled to cancel the instruction by notifying the instructing office at any time before the day of inspection.

10. COMPLAINTS

In the unlikely event of the client being dissatisfied at any time with the service or report provided, a copy of Brighter Surveyors’ Complaint Handling Procedure is available on request.

11. CONFLICTS OF INTEREST

(Where Applicable) BRIGHTER SURVEYORS Ltd do not pay a referral fee to any party who may have recommended them. If they do you will be advised in advance.

12. BRIGHTER SURVEYORS Ltd do not comment on the nature and intended future use of the property.

13. BRIGHTER SURVEYORS Ltd will aim to complete reports within 5 working days from the day of inspection and will email the report to the client in a PDF format.

14. If the property does not comply with Health & Safety as per the Surveying Safely, health and safety principles for property professional, 2nd edition, issued by the RICS in November 2018, the surveyor may have to abort the inspection. Abortive fees may be charged if the client was aware of the unsuitability for inspection at any point before the inspection took place.

Similarly, if the property has excessive storage (e.g. hoarding) and the property is not practical to survey due to too many restrictions, the inspection may have to be aborted and an abortive fee will be charged if the client was aware of this.

15. We will not share your personal information with any third party. However, as a RICS regulated firm our files may be subject to monitoring and we will have to provide our files to RICS if requested for audit or similar purposes.

​

16. BRIGHTER SURVEYORS Ltd will recommend which level of report is the most suitable for the client's needs. However, the client should make their own informed decision on the type of report needed.

​

(B) TERMS OF ENGAGEMENT FOR VALUATIONS

​

Terms of Engagement set out the basic facts of the instruction so that there is no confusion about the service you will receive. This also defines the scope and depth of the service provided. These terms form part of the contract between you and the Surveyor. This report is for use in England and Wales.

The Service

The surveyor provides the standard RICS Valuation (‘the service’) described in the ‘Description of 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:

• costing of repairs

• schedules of works

• supervision of works

• re-inspection

• detailed specific issue reports

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. The surveyor 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.

The Client

The Client will pay Brighter Surveyors Limited the agreed fee in advance of the inspection. Our report will be provided in writing and emailed in a PDF format as soon as reasonably possible after completing our inspection and investigations. Any comments given to the client verbally should not be acted upon until the full written report has been received and studied. The report will be confidential to the Client. It may be disclosed to other professional advisers assisting client in respect of that purpose, but the Client shall not disclose the report to any other person. The report should not be reproduced in whole or in part without written permission.

Liability

The report is provided for your use, and the surveyor cannot accept responsibility if it is used, or relied upon, by anyone else. Valuation Service maximum compensation for a breach of contract or a duty of care is 10% of our valuation of the property. 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. Nothing in this report excludes or limits liability for death or personal injury (including disease and impairment of mental condition) resulting from negligence.

Complaints Handling Procedure

Brighter Surveyors Limited have a complaints handling procedure and will give you a copy if you ask. The firm 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 firm 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.

Privacy

Brighter Surveyors Limited deal with your personal data in line with GDPR regulations.

Conflict of Interest

None Known. A conflict of interest is anything that impedes or might be perceived to impede an individual's or firm's ability to act impartially and in the best interest of a client.

Description of Valuation Service

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). The Valuation will accord with RICS Valuation – Global Standards (the 'Red Book'). Where the particular purposes of the valuation require a different approach, this have been instructed by The Client and stated in the report under Valuation Assumptions.

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 account of any furnishings, removable fittings and sales incentives of any description.

• 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.

A freehold interest (or leasehold). If leasehold, our valuation will be based upon an unexpired lease term of at least 85 years and on an assumption that the ground rent is nominal and non-reviewable. We will also assume that there are no event charges within the lease for such items as extensions to the property. If these assumptions are incorrect then please discuss this with the Valuer at the time of instruction.

The report will be valid for 3 months from the date on the report. The Valuation can be renewed by way of a Private Desktop Revaluation (at a fee of half the original fee) provided we are notified of this within 10 working days of the expiry date. It should be appreciated that, due to changes in the property market, this value may differ from that which is provided within the original report. We are only able to provide 1 Private Desktop Revaluation report before a whole new valuation is required. A Remote Valuation cannot be extended.

Whilst the Surveyor shall have regard to the apparent state of repair and condition of the property, the Surveyor will not carry out a survey of the structure, nor will the Surveyor inspect woodwork of any other parts of the structure which are covered, unexposed or inaccessible. The Surveyor will not arrange for the testing of electrical, heating or other services and the drains will not be exposed. Thus, the Surveyor will be unable to report that any such parts of the structure or service installations are free from defects which may materially affect the value. No warranty as to the general condition or stability of the property can be given or implied because of these factors.

In relation to cladding, if the surveyor suspects an EWS1 form is required, then the services provided will be based on the assumption the above form can be made available stating there are no significant health and safety concerns.

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.

​

​

​