When you instruct a surveyor you expect that the surveyor is sufficiently knowledgeable and experienced to undertake the task. If the surveyor makes a mistake or omission this can cause you to suffer a financial loss.
When you instruct a surveyor to carry out work on your property, it’s only natural to expect that they will be sufficiently knowledgeable and experienced for the task. Chartered surveyors are construction industry professionals who train for years to ensure that their skills and knowledge base is second-to-none.
All surveyors owe their clients a duty of care and are regulated by the Royal Institution of Chartered Surveyors (RICS), which demands strict minimum standards of professional conduct, recognised qualifications and client care.
But if the surveyor makes a mistake or misses an important detail, you could lose a lot of money. If you’ve been let down by a surveyor and can prove that your financial loss was caused by their failure, you could have a valid professional negligence claim against the surveyor.
At Been Let Down, we’re a team of legal experts specialising in professional and medical negligence claims. If you’ve lost valuable time and resources due to a surveyor’s failure we’re here to support you in pursuing a No Win No Fee surveyor negligence claim.
Our solicitors understand the frustration that this situation will cause you and your family. Whether you’re renovating, selling or purchasing a property, unwanted delays and unfairly incurred costs can see a project fall by the wayside. In the worst-case scenario, you might be forced to temporarily move out of your own home.
If this sounds familiar, please get in touch for a free consultation with our No Win No Fee surveyor negligence lawyers. If we can’t win your case, you won’t pay anything.
Various situations could be classed as a case of surveyor negligence. Having a clear understanding of the most common instances could be the most useful first step towards knowing whether you could have a successful claim against your surveyor.
You won’t have to pursue your claim on your own. When you speak to us here at Been Let Down, we’ll work closely with you to decide your next steps. Some of the most common types of surveyor negligence include:
If a surveyor has overvalued a property at the time of purchase, this can be financially devastating, resulting in you overpaying for a property that in real terms is worth less than the purchase price. Overvaluations are commonplace. Surveyors face pressure from lenders to complete the transaction as quickly as possible, which can lead to critical mistakes.
Generally, there will be no contract between you and the surveyor, as the bank or mortgage provider appoints the surveyor on your behalf. However, this should not deter you from pursuing surveyor negligence claims, as the surveyor will be unable to deny contractual association in court.
If you have instructed a surveyor to prepare a survey report on a property, they will check to see whether the property is on firm ground to rule out the possibility of subsidence. This is carried out as part of a standard survey.
We’ve worked with clients who’ve experienced this situation and succeeded in suing a surveyor for negligence. To win your claim, it must be clear that a competent surveyor would have discovered the subsidence, or suspected it, and that you relied upon the survey report when purchasing the property. You must prove that if you’d known the property was subject to subsidence, then you would not have purchased it.
This is a common complaint made against surveyors.
Such complaints are specific, such as failure to inspect the roof to ensure the joists are of sound construction. Another complaint may be that the surveyor has failed to inspect all parts of the property required and left serious defects undiscovered. Homeowners may later encounter problems with dry rot, woodworm, invasive plants and defects in the structural walls and roof.
It’s worth noting here that liability and duty upon the surveyor in these circumstances will depend on which survey the property professional was instructed to undertake:
In most cases, a limited survey would have been requested, and in this circumstance, the surveyor may argue that their duties were limited to their instructions. However, the court will always take into consideration the facts of the case.
If you’ve instructed a surveyor, it’s reasonable to expect that they’re qualified and skilled enough to complete the work to a high standard. However, if the surveyor goes beyond their expertise and does the job incorrectly, then you may have a claim against them.
To pursue any new professional negligence claims against surveyors in court, you must have first suffered financial loss. For cases that merely involved poor service with no financial loss, you may be able to submit a formal complaint. Take a look at our FAQ section for further information on this issue.
Rob Godfrey, Head of Professional Negligence at Been Let Down says;
“Often an issue isn't apparent for some time, as soon as you become aware it is important to seek advice. The failings can be devastating so you always need to act quickly”.
Rob Godfrey discusses a recent case where a surveyor failed to find and report any significant defects the property was facing.
Click here to read moreA surveyor is responsible for providing accurate advice on official construction matters. This includes identifying whether new properties are compliant with the latest building regulations, recommending maintenance for older structures and assessing structural damage for legal or insurance purposes.
Claims arising from surveyor negligence are usually based on the principle that the standard of care received fell below that of a reasonably competent surveyor. This constitutes a form of property negligence, which is governed by the Supply of Goods and Services Act 1982.
In instances where you have not directly instructed the surveyor to carry out the work – for example, if they have been hired as part of a mortgage valuation – you could still have a surveyor negligence case for a lack of due care.
Chartered surveyors are highly qualified professionals. They should deliver a quality service to you, and any paperwork they leave you with – including their final report – often forms the basis of a formal sale and property transfer.
If your surveyor acted negligently, you could be left out-of-pocket. But that only scratches the surface of the other repercussions you may be faced with. For example, unstable building foundations or the growth of invasive plant species. The inconvenience, frustration and financial losses call for professional support from surveyor negligence solicitors.
You can sue a surveyor for negligence if we can help you prove that their mistakes caused you or your family financial loss.
This applies whether you were buying a home or investing in a buy-to-let property. It may relate to issues of over valuing or overlooking defects which impacts on the value and conclude that you relied on a report written by a negligent surveyor, you may have a claim against that surveyor.
At Been Let Down, our expert lawyers are highly experienced in many different claims against property professionals. When you fail to receive the correct standard of work, we’re here to get you and your plans back on track.
Get in touch today and let us help you win the surveyor negligence compensation you deserve.
We will walk you through the claims process when you get in touch, and there’s never any obligation to start your claim. Alternatively, you can enquire online, call us on 0800 234 3234 or request a callback at a time that works for you.
We’ll connect you to an experienced member of our fully qualified legal team to find out more about your case. If we think you’ve got a claim, our surveyor negligence solicitors will help you. The sooner you speak to us, the sooner we can handle your claim.
Rob Godfrey is the Head of Professional Negligence at Been Let Down. He is regarded as one of the UK’s leading negligence experts with over 25 years’ experience in litigation.
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