Surveyor Negligence

Almost all commercial and residential property purchases involve a survey of some kind.

A survey is necessary to determine the condition of a property and identify any problems that may affect its value, use or future saleability. Even if a lender engages a surveyor, the report will still be relied upon by the borrower as a professional opinion on the property’s condition.

Our solicitors can help you claim compensation if you’ve been affected by the negligence of a surveyor. We’ve helped hundreds of clients in cases involving:

• Incorrect property valuations.
• Missed structural defects, such as damp or subsidence that requires underpinning.
• Not identifying planning, building regulations or listed building issues.
• Inaccurate surveys, measurements and floor plans.
• Failing to follow planning procedures.
• Failing to spot the presence of Japanese Knotweed.
• Errors in the schedule of condition prepared for a commercial lease.
• Failing to proceed with a commercial rent review on time.

We’re experienced in holding both residential and commercial surveyors to account for negligent advice. You can trust our property negligence solicitors to get you damages that reflect the full extent of your experience.

How can I prove surveyor negligence?

To sue for negligence, you must prove that the surveyor owed you a duty of care, breached this duty by failing to meet the required standards of their profession, and caused you financial loss as a direct result of this breach.

Does the surveyor owe you a duty of care?

The surveyor will owe a duty of care to you if it can be shown that they knew or should have known that you would rely on their report. This will be obvious in most cases, even if the surveyor is instructed by a lender.

The relationship is less clear-cut where, for example, a surveyor provides a valuation to a seller who then passes it on to a buyer. A solicitor can advise on the specifics of your case.

Did the surveyor breach their duty?

Surveyors are duty-bound to perform their services to a reasonable level of competency. A breach of duty occurs when the surveyor falls below the standard expected of them.

In legal terms, this is judged according to the professional standards of fellow surveyor professionals—what would a reasonably competent surveyor have done in the same circumstances?

The Royal Institute of Chartered Surveyors (RICS) is the official body that regulates chartered surveyors in the UK. Their standards documents lay out the ethical, conduct and competence expected for members of RICS, which are a benchmark for assessing surveyor negligence claims.

Did the breach of duty cause financial loss?

Poor service, while frustrating, does not always amount to negligence. To pursue a case, you must establish that you have suffered financial loss as a result of the surveyor’s poor advice. Examples of loss include:

• Paying more than the property is actually worth.
• Repair and remediation costs.
• Professional fees incurred to rectify issues, such as legal or surveyor fees.
• Taking on loans that you would not have needed, if the property had been valued correctly.
• Having to sell your property at a loss because of defects missed by the surveyor.
• As a lender, making loans that would not have been made at the true value of the property.
• Relocation costs, if you have to move out of the property because it’s not safe or habitable.
• Legal costs where, for example, an overlooked encroachment leads to a neighbour dispute.

You can generally claim damages for the diminution in value of the property (i.e. the difference between the property with no defects and the property in its defective state), and any additional expenses incurred due to the surveyor’s negligence.

Compensation aims to put you in the position you would have been had the surveyor not been negligent. To get an idea of how much your claim could be worth, get in touch with us. Once we know more about the circumstances around your case, we’ll be able to advise you on how much you can recover.

How long do I have to make a surveyor negligence claim?

You generally have 6 years from the date of the survey to bring a claim for surveyor negligence.

However, this time limit can be extended if you don’t realise the surveyor has done something wrong until later on. In such cases, you have 3 years from the date you became aware of the negligence to make a claim.

It’s important to seek advice as soon as you suspect that your surveyor has made a mistake to avoid missing the deadline for making a claim.

What evidence do I need to support my claim?

Your solicitor will gather comprehensive evidence to support your claim. This may include:

• The original survey report
• Terms of engagement
• Correspondence with the surveyor
• Expert opinions on the negligence
• Documentation of the financial losses incurred

Expert testimony is a key part of the claim, and it is vital to choose this expert carefully. Our property negligence solicitors have contacts with surveyors across the UK. We can obtain a report from a specialist surveyor, to comment on the quality of work carried out by the original surveyor and whether it falls below professional standards.

Can I settle a surveyor negligence claim out of court?

Either the Professional Negligence Pre-Action Protocol or the Pre-Action Protocol for Construction and Engineering Disputes applies to surveyor negligence cases. Both Protocols are designed to encourage alternative methods of dispute resolution, with a view to saving time, reducing legal costs, and providing a quicker resolution compared to pursuing a lengthy court process.

Because of this, the majority of surveyor negligence claims are settled out of court through negotiation or mediation.

However, if the surveyor denies responsibility or disagrees with the diminution in value of the property, then you may need to start court proceedings. If we need to take your claim to court, we’ll do all we can to make sure you’re prepared and informed throughout the entire process.

Speak to Osbornes about your surveyor negligence claim

As a top-ranked, award-winning legal team, we have an unrivalled set of expertise and knowledge to get you damages and redress for your losses. We offer a free initial consultation to establish what has happened, assess your claim and determine whether there are grounds to proceed. If you believe your surveyor has been negligent, or would like advice on whether you have a claim, speak to our property litigation solicitors by:

• Filling in our online enquiry form; or
• Calling us on 020 7485 8811