The terms on which this service will be undertaken are set out below.
You agree for BuildPerception to liaise direct with the estate agent and/or vendor to arrange access to carry out a building survey on your behalf. You agree to pay BuildPerception the quoted amount in exchange for the service that you have selected, details of which have been emailed to you separately.
Payment
Payment is via bank transfer and is not due until the day of the survey inspection.
Cancellation
You may cancel your survey free of charge up until 48 hours before the inspection is due to take place. A £50 cancellation fee may be applied if you cancel within 48 hours of the scheduled inspection. Cancellation is not possible once the survey inspection has taken place. The price of the survey is based upon the information that you have entered into the Instant Online Quote generator. If any of the details entered differ from the actual details of the property transaction, then the difference in price will be payable before the report is issued. If you subsequently decide to cancel the survey, then you may be charged a cancellation fee of £50 plus any costs that have already been incurred.
General
Based on the inspection as defined below, the surveyor is a qualified surveyor who will provide you with a written report that describes their opinion of the visible condition and state of repair of the identified property. The surveyor will carry out their duties with the skill and care that can be reasonably expected from an experienced surveyor.
Assumptions
Unless otherwise expressly agreed with the surveyor, while preparing the report the surveyor 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 both
known and acceptable to you; and
3. access to the property is as of right based on terms both known and acceptable to you.
Dangerous materials, contamination and environmental issues
The surveyor makes no inquiries about contamination or other environmental dangers. If they suspect a problem, they will recommend further investigations.
The surveyor will assume that no harmful or dangerous materials have been used in the construction, and they do not have a duty to justify making this assumption. However, if the inspection shows that these materials have been used, the surveyor will report this. The surveyor does not carry out an asbestos inspection or act as an asbestos inspector when inspecting properties that may fall within the Control of Asbestos Regulations 2012. With flats, it is assumed there is a 'dutyholder' (as defined in the Regulations), an asbestos register and an effective management plan all in place and none of these presents a significant risk to health or need any immediate payment. The surveyor does not consult the dutyholder. The surveyor will note the presence of lead water supply pipes and give general advice if these materials can be seen. However, you must appreciate that materials are often concealed within the construction of the building. If the surveyor is concerned about lead pipes they can see, they may recommend a specialist inspection and report. The surveyor will advise if there are transformer stations or overhead power lines that they can see during the normal course of the inspection. If present, they cannot assess any possible effect on health. For obvious reasons, the surveyor cannot report on any underground cables.
Consents, approvals and searches
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. The surveyor will assume that all building regulations, planning permissions and other consents required have been obtained. In the case of new buildings, alterations and extensions which require statutory consents or approvals, the surveyor will not verify whether these have been obtained but will identify where these consents may have been required. You should ask your legal adviser to follow up on these matters. The surveyor will not inspect drawings and specifications unless you specifically ask. 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 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.
Restriction on disclosure
The report is for your private and confidential use. You must not reproduce it completely or in part. Third parties (with the exception of your professional advisers) cannot use it without the surveyor's express written authority. Any other persons rely on the report at their own risk. As an RICS member, the surveyor may be required to disclose the report to RICS Regulation as part of its work to ensure that RICS professional standards are being maintained.
Complaints The surveyor shall do their very best to provide you with an excellent service. However, if you believe that you have cause for complaint, BuildPerception has a complaints procedure, a copy of which can be given to you on request.
General Description of Service The level of service is for people who are seeking a professional opinion about the condition of a property and is based on a detailed assessment. Therefore, the inspection is more extensive than for other levels of service and the surveyor will spend a considerable time at the property.
The surveyor will closely inspect all parts of the dwelling and assess the interdependence of the different parts of the structure, especially the way in which the roof, walls and floors act together. Where the surveyor is concerned about a hidden problem or defect, they will try to identify these and explain the risk they pose and what action you should take. Recommendations for further investigations will usually be the exception. This level of service will suit any domestic residential property in any condition, depending on the competence and experience of the practitioner.
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The use of a UAV (unmanned aerial vehicle) "Drone" to check Roofs and other hard to reach places.
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Damp assessment using state of the art equipment
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Subsidence, Settlement and Structural movement.
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Condition of the external;
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Chimneys, Roofs, Walls, Gutters, Flat roofs.
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Internal roof structure and condition (the "loft").
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Timber rot and damage.
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Insect or Beetle infestations (also known as "woodworm").
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Windows and Doors.
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Services – Heating, Boiler, Electrics, Gas, Oil.
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Drains – mains, private cesspits and septic tanks.
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Alterations – Extensions, Loft Conversions, Chimney removals, Wall removals.
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Ventilation issues.
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Grounds and Boundaries.
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Energy Efficiency Advice.
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Conveyancing Issues – e.g. Planning and Building Control Items.
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Health & Safety issues – e.g. Asbestos.
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Council information.
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Listed Building information. (if applicable)
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Easy-to-read format.
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Contains up to 100 photographs.
The report will reflect the thoroughness and detail of the inspection and:
1. describe the form of construction and materials used for each part of the building in detail and outline their performance characteristics. This is especially important for older and historic buildings
2. describe obvious defects and state the identifiable risk of those that may be hidden
3. outline remedial options and, if the surveyor considers it to be significant, explain the likely
consequences if the repairs are not done
4. propose a timescale for the necessary work including recommendations for further investigation prior to commitment to purchase (only where appropriate and necessary)
5. discuss future maintenance of the property and identify those elements that may result in more frequent and/or more costly maintenance and repairs than would normally be expected
6. identify the nature of risks of the parts that have not been inspected.
The surveyor will also make it clear that you should obtain any further advice and quotations recommended before you enter a legal commitment to buy the property. We will retain all files and documents relating to the provision of the service for a reasonable period after this contract ends. However, we will not retain such files and documents for more than 3 years. You agree that we may destroy all files and documents relating to the service at the end of that period. If during the storage period you wish to retrieve or make copies of any documents then we may make a reasonable charge for our time and expense in doing so.
We will not be liable to you if we make an error or fail to tell you something in the report as a result of any of the following:
• Our inability to inspect an area of the property; or
• Any reliance placed by us on information provided by you or by any person who provides such information on your behalf.
Liability
If we fail to comply with these terms and we are responsible for loss or damage that you suffer, that is a foreseeable result of our breaking this contract, or our failing to use reasonable care and skill, then we may be liable for those losses or damages. We are not responsible for any loss or damage that is not foreseeable.
Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the survey process. We are not responsible for any loss or damage if we fail to discover a defect that has been deliberately concealed, even if you or us were aware that it might be there. While every effort is made to identify all defects during the inspection, the inspection is limited to what can be easily seen using standard surveying equipment. There may, on occasion, be instances where a defect is not visible or present during the inspection but materialises or develops in the time between the inspection and the time that you take occupancy of the property. We are not responsible for any loss or damage from a defect that has materialised since the inspection took place. Where we give timescales for the life expectancy of a particular element, this is only an indication, and external factors may reduce this timescale dramatically. If you are advised that an element will require replacing within a given time, this is the maximum amount of time that you could hope to expect to achieve and is not a guarantee that it will last this long, you should be prepared that the inspected element may also require replacement in the short term. We do our best to inspect structural elements that have been concealed within dry lining or boxing in or under floors, if we comment on these elements, we are making educated assumptions, the only way to confirm these assumptions is to carry out an invasive survey and as such, you must not rely solely on these assumptions, but instead, carry out or instruct further investigations. Different weather conditions present different results in varying categories of the report, the weather on the day of the inspection is recorded in the Overview section along with the month and year. Water ingress and damp are less prevalent during summer months and on dry days. Extreme hot days can cause cracks, splits and distortions in many materials, therefore, when several months pass by between the inspection and occupancy, there may on occasion be defects that have developed within that timeframe. We accept no liability for inaccuracies of information obtained from 3rd party sources.
Our maximum liability to you for our negligence or any other breach or fault on our part arising in connection with the service shall be limited to five times the cost of the survey and in any case, no more than the sum insured which is £250,000.00
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors.