TERMS AND CONDITIONS OF ENGAGEMENT
AGREEMENT TO OUR WEBSITE TERMS
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Call Out Property Surveyors Limited, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms.
IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
RICS Home Survey Level 2 Report / Home Buyers Report
RICS Home Survey Level 3 Report / Building Survey
Confirmation of Appointment
We refer to your instructions received requiring The Surveyor to carry out and to prepare and deliver
a Survey Report on the Subject Property. The Survey Report will be either a RICS Home Survey Level
2 Report (formerly known as an RICS Home Buyer Report) or a RICS Home Survey Level 3 Report
(formerly known as an RICS Building Survey). The type of report will be specified in the
separate Instruction Email for which you will confirm acceptance of the Terms of Engagement. We
accept the instructions only on the basis that the scope, purpose, and conditions of the report are as
set out in the Instruction Email and the Terms and Conditions for the Survey Report.
The Service
These Terms and Conditions of Engagement should be referred to and used in conjunction with the
Instruction Email, setting out the Client name and address, instruction type, reason for instruction
and fee/price agreed. The Surveyor details are included in the Instruction Email and these Terms as
per below.
The Survey Report requires disclosure of any previous business relationship we may have with you,
your property, or your selling agent. If appropriate, disclosure has been made. The scope and extent
of the inspection is detailed in the Description of Service, inclusive of the Terms and Conditions. The
Survey Report will be prepared by a suitably qualified Surveyor in an objective way regarding the
condition of the Property on the day of the inspection, and who is a member of the Royal Institution
of Chartered Surveyors (RICS) holding one of the membership grades: AssocRICS, MRICS, or FRICS.
We are required by RICS to seek formal confirmation from you that you are satisfied that the Survey
Report Terms and Conditions meet your requirements, and this will be deemed satisfied by you
making payment for this Service or services, as stated in the Instruction Email by way of timed and
dated verifiable email confirmation.
Complaints: The Company operates a Complaints Handling Procedure in accordance with RICS
guidelines. A copy is available upon request.
Any reference to ‘valuation’ or ‘valuations’ in these Terms and Conditions relate to
the Valuation element of an instructed Service and Survey Report where an optional additional
valuation service has been selected by The Client and has agreed to be undertaken by The Surveyor,
for which an additional fee has been agreed with The Client.
The Survey Report does not include:
• a valuation
• buildings insurance reinstatement
• cost estimates
These services can be provided as an additional service and are subject to additional terms and
conditions and fees.
The Definitions
The Company: Call Out Property Surveyors Limited with company number 15928604 and registered
office at 33 Lancaster Close, London, England, NW9 5RE.
The Surveyor: Scott Edwards or Nabil Ahmed of Call Out Property Surveyors Limited
The Client: The person or persons detailed in the Instruction Email providing instructions for the
Service and Survey Report to be provided for their own use. In this context, The Client and the
customer have the same meaning.
Instruction Email: The type of report will be specified in the separate Instruction Email for which you
will confirm acceptance of the Terms of Engagement. This is the email communication which the
company will send to you The Client, to set out the details of the Service and Survey Report to be
undertaken. We accept the instructions only on the basis that the scope, purpose, and conditions of
the report are as set out in the Instruction Email and the Terms and Conditions for the Survey
Report.
Property: An interest in a self-contained domestic dwelling as defined by The Town and Country
Planning (Use Classes) Order 1987 (as amended) being classified as Use Class C3 which may also
include small HMOs within Use Class C4. In the context of the Service and the Property to be
inspected, property is also referred to and defined as The Subject Property as specified in
the Instruction Email.
Subject Property: The Property interest which is physically inspected in performing the Service and
carrying out the Survey Report which is detailed in the Instruction Email.
Survey Report: The report undertaken by the Surveyor, the format of which will follow a template as
set out in the attached documents “Description of the RICS Home Survey – Level 2 (survey only)”;
“Description of the RICS Home Survey – Level 2 (survey and valuation)”; or “Description of the RICS
Home Survey – Level 3”, as applicable.
Description of Service: The Royal Institution of Chartered Surveyors (RICS) publication documents
which describe the extent of service for the RICS Home Survey Level 2 Report service and the RICS
Home Survey Level 3 Report service.
Valuation: Unless otherwise stated in the report, the valuation, where provided as an additional
service, will be for the interest in The Subject Property, of its existing tenure and title, use and form.
The Valuation will, as an additional service, therefore form part of the Survey Report.
Valuation Date: Shall be the Inspection Date of The Subject Property unless otherwise stipulated in
the report.
The Service: The Service provided by the Company in arranging for The Surveyor to provide The
Client with a Survey Report which may include Valuation advice as an additional service.
Market Value (MV): 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 and where the parties had each acted knowledgeably, prudently and without compulsion.
Statutory Definition of Market Value (capital gains tax, inheritance tax and stamp duty land
tax). Summary definition derived from legislation: ‘The price which the property might reasonably be
expected to fetch if sold in the open market at that time, but that price shall not be assumed to be
reduced on the grounds that the whole property is to be placed on the market at one and the same
time.’ (Source: section 272 Taxation and Chargeable Gains Act 1992. Section 160 Inheritance Tax Act
1984, Section 118 Finance Act 2003).
Market Rent (MR): The estimated amount for which an interest in real property should be leased on
the valuation date between a willing lessor and a willing lessee on appropriate lease terms in an
arm’s length transaction, after proper marketing and where the parties had each acted
knowledgeably, prudently and without compulsion.
Our assumptions of what are ‘appropriate lease terms’ for this property will be set out in our report.
RICS Monitoring: The Company and The Surveyor are regulated by the Royal Institution of Chartered
Surveyors, (RICS).
Please note that our files may be subject to monitoring under the Institution’s conduct and
disciplinary regulations and will be provided to RICS on request.
1.GENERAL TERMS
The Client wishes The Company to arrange for The Surveyor to provide the Survey
Report being an opinion of condition of The Subject Property interest as specified by the
Client.
2. Subject to additional and agreed instructions to the effect, The Surveyor shall provide to The
Client an opinion of value within The Survey Report based upon an inspection of The
Subject Property by The Surveyor who shall be: a member of the Royal Institution of
Chartered Surveyors (RICS), also a member of RICS Valuer Registration Scheme (VRS); and
setting out the opinion of value of the relevant interest in the Property.
3. Any Valuation within the Survey Report will be prepared in accordance with the RICS
Valuation – Global Standards effective 31 January 2022, the RICS Valuation – Global Standard
2017: UK National Supplement effective 14 January 2019, and relevant UK VPGAs.
4. Introduction. These Terms of Engagement set out the conditions upon which The
Company and The Surveyor accept instructions, and will apply in all cases unless any other
arrangement is confirmed in writing by The Company.
5. Appointment. The Client appoints The Surveyor to provide The Survey Report, exercising
reasonable skill and care.
6. Performance Standards. The Surveyor confirms that the survey will be carried out in
accordance with the best practice guidelines for RICS professionals carrying out a RICS Home
Survey Level 2 Report service and the RICS Home Survey Level 3 Report service.
7. Liability and Duty of Care. The Surveyor owes to the Client a duty to act with reasonable
skill and care in providing The Survey Report and complying with the Client’s instructions
where those instructions do not conflict with these terms or applicable laws and professional
rules.
The Company and The Surveyor have no liability for the consequences, including delay in or
failure to provide The Service or The Survey Report, of any failure by The Client or any agent
of The Client: promptly to provide information or other material reasonably requested, or
where that material is inaccurate or incomplete, or to follow our advice or
recommendations.
We confirm that The Surveyor holds professional indemnity insurance in respect of The
Survey Report to be provided.
8. The Surveyor. The Survey Report is to be provided by an AssocRICS, MRICS or FRICS qualified
member of the Royal Institution of Chartered Surveyors, who has the skills, knowledge and
experience to survey and report on the Subject Property.
9. Report Delivery. Post inspection, The Company and The Surveyor aim to deliver the report
within 5 working days. In an exceptional scenario, the report may take longer. The report will
be sent to the Client’s email address (or other agreed email address as applicable). The
Company and The Surveyor cannot be held liable for any loss arising due to delay in Report
delivery.
10. The Client’s Obligations. The Client shall pay The Company in respect of the fee including
VAT, to be agreed between The Client and The Company and detailed in the Instruction
Email. The fee is payable at the time of The Company being engaged to perform The Service.
Please note that such fee will not be treated by RICS as Client money and will not be subject
to the protection of the RICS Client Money Protection Scheme.
The Client will be responsible for the timely provision of all information and reasonable
cooperation, including that from third parties engaged directly by the Client, required by the
Company and the Surveyor to assist in the performance of The Service and delivery of The
Survey Report. We will assume that the information provided is complete and correct.
11. Cancellation. The Client can cancel this contract by notifying The Company in writing (email
or letter). The Client is liable to pay one of the following cancellation fees depending upon
when the notice of cancellation is received. Where notice of cancellation received from The
Client:
Before 2pm the day before scheduled appointment: £40.00 including VAT to cover
administrative costs.
12. After 2pm the day before scheduled appointment, but prior to inspection taking place: 50%
of the agreed fee.
13. After the inspection of the subject property: 100% of the agreed fee. And note:
14. The Company can cancel the contract if The Surveyor after arriving at the Property,
concludes: that it is of a type of property he or she has insufficient specialist knowledge to
be able to provide the Survey Report satisfactorily. In case of this cancellation by The
Surveyor, any money paid by The Client for the Service and The Survey Report will be
refunded in full.
15. The Company can cancel the contract if The Surveyor finds that The Subject Property is
demonstrably different from that described by The Client at the time of providing
instructions for the service. In case of this cancellation by The Company and/or The
Surveyor, any money paid by the Client for the service and The Survey Report will be
refunded, less a cancellation fee of £40.00 including VAT to cover administrative costs. In the
event of The Surveyor having already attended the subject property, a refund of any monies
paid by the Client for the service and the Survey Report will be reduced by 50% of the fee.
16. The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations
2013 shall not apply to this contract which cannot be cancelled once The Subject
Property has been inspected by The Surveyor. Once we have provided you with our report,
you will lose the right to cancel during the 14 day cooling off period.
17. The Company also has the right to cancel this contract, if for reasons beyond its control, it is
unable to fulfil the contract. In this event The Company will provide a full refund of any fees
paid.
18. No-shows and Re-scheduling. In circumstances where an appointment visit to access The
Subject Property does not proceed due to factors beyond the control of The Company or
The Surveyor and/or where the third-party appointee is not present or available, i.e. Noshows.
Where The Surveyor fails to get access to the property for any reason, 50% of the agreed fee
will be payable to The Company by The Client.
The Client can re-schedule the agreed appointment by notifying The Company in writing
(email or letter). The Client is liable to pay the following fees for late requests and/or noshows:
19. No fee: Rescheduling requests received by 2pm the day before scheduled appointment.
20. 25% of the agreed fee: request received after 2pm the day before scheduled appointment,
payable in addition to the agreed fee.
21. 50% of the agreed fee: request received on day of scheduled appointment, where this
request is received by the Surveyor and Company before the access inspection has
commenced, in addition to the agreed fee.
22. Late Payments and Non-Payments. All fees as required for the provision of The Service and
The Survey Report will be paid by the Client to The Company prior to The Service being
carried out.
All fees that remain unpaid for 14 calendar days from the due date will incur an additional
late payment fee of £50.00.
Any payment outstanding for 28 calendar days after the due date will in addition be referred
to a debt recovery process. Any additional costs incurred in employing such a process will be
charged to the Client.
23. Jurisdiction. English law shall apply in every respect in relation to the service and the
agreement with the Client which shall be deemed to have been made in England. In the
event of any dispute arising in connection with The Survey Report or The Valuation,
including any third party using The Survey Report and/or Valuation, the parties will submit
to the jurisdiction of the English courts only. Any dispute shall be subject to The
Company’s Complaints Handling Procedure.
24. Miscellaneous Provisions:
In the event of one of the Terms and Conditions herein being held to be unenforceable, the
remainder of the contract is not affected.
25. The Survey Report will be conveyed to the Client electronically and in the event that a
printed hard copy report is required, the Client undertakes to arrange this at the
Client’s cost.
26. Failure to follow the requirements set down by these conditions will invalidate The Survey
Report and any additional valuation.
27. Dispute resolution: In the event that The Client has a complaint regarding the standard of
The Service and/or The Survey Report, a formal Complaint Handling Procedure will be
followed. Copies of The Surveyor’s Complaint Handling Procedure and The
Company’s Complaint Handling Procedure are available upon request. Using the Complaints
Handling Procedures will not affect the Client’s legal rights.
28. Data Protection: The Company takes its responsibility under the General Data Protection
Regulations very seriously. Our Privacy Policy details how we collect, use, maintain and
disclose personal data. A copy of our Privacy Policy is available upon request.
29. Intellectual Property: All intellectual property rights arising out of The Survey Report and
any valuation associated with it shall be owned by The Company, excluding the personal
Customer Information.
30. Referral fees: The Company as a regulated firm and The Surveyor confirms that a payment
has been or may be made, either individually or part of a third-party commercial
relationship. Both The Company and The Surveyor are satisfied that this does not constitute
a conflict of interest.
31. TERMS & CONDITIONS RELATING TO RICS HOME SURVEYS
Scope of the Inspection
32. Generally, The Surveyor will consider his or her advice carefully, but is not required to advise
on any matter the significance of which in relation to The Subject Property is not apparent at
the time of inspection from the inspection itself.
33. The Surveyor will inspect diligently, but is not required to undertake any action which would
risk damage to the Property or injury to themselves.
34. The Surveyor will not undertake any structural or other similar calculations.
35. Areas not Inspected
The Surveyor will identify any areas of The Subject Property which could not be adequately
accessed or inspected during the inspection (relative to the RICS Home Survey Level 2 Report
service and the RICS Home Survey Level 3 Report service standard scope of inspection
specification), and as such these details are referred to in The Survey Report.
In the event that The Surveyor is requested to re-visit The Subject Property to inspect areas
that The Surveyor was unable to inspect during the original visit, due to reasons beyond The
Surveyor’s control, an additional fee will be payable.
36. Flats or Maisonettes
Unless otherwise agreed, The Surveyor will inspect only the subject flat and garage (if any),
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 and/or visibility in relation to the
common parts and structure. The Surveyor will state whether he or she has seen a copy of
the lease and, if not, the assumptions as to preparing obligations on which he or she is
working.
37. Environmental and Other Issues
Particular noise and disturbance affecting The Subject Property will only be noted if it is
significant at the time of the inspection or if specific investigation has been agreed between
The Surveyor and The Client and confirmed in writing.
38. The Surveyor will report on any obvious health and safety hazards to the extent that they are
apparent from elements of The Subject Property considered as part of the inspection.
39. Ground Conditions
The Surveyor will not be required to comment upon the possible existence of noxious
substances, landfill or mineral extraction, or other forms of contamination.
40. Consents, Approvals and Searches
The Surveyor will be entitled to assume that The Subject Property is not subject to any
unusual or onerous restrictions, obligations or covenants which apply to The Subject
Property or affect the reasonable enjoyment of The Subject Property.
41. 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 enquiries should be made by the
Client or the Client’s legal advisers. Drawings and specifications will not be inspected by the
Surveyor unless otherwise previously agreed.
42. The Surveyor will be entitled to assume that The Subject 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 Subject Property, nor its condition, its use or its
intended use, is or will be unlawful.
43. Content of the Survey Report
The content of The Survey Report will be as per the RICS standard template for RICS Home
Survey Level 2 Report service and the RICS Home Survey Level 3 Report service. The
description of the service document “Description of the RICS Home Survey – Level 2 (survey
only)”; “Description of the RICS Home Survey – Level 2 (survey and valuation)”; or
“Description of the RICS Home Survey – Level 3” have been provided to you with our
confirmation of instructions by electronic mail in The Instruction Email.
44. Before the Inspection
This period forms an important part of the relationship between the Surveyor and the Client.
The commissioned Surveyor will use reasonable endeavours to contact the Client to
understand particular concerns about the property and explain (where necessary) the extent
and/or limitations of the inspection and report.
45. After the inspection
The commissioned Surveyor will use reasonable endeavours to contact the Client after the
inspection to discuss the major points and issues found. The content of this conversation will
not in any way override the content of the report. The report will take precedence in all
cases.
46. Limitations
Where advice or opinions are required outside the reasonable professional skill and
expertise of the Surveyor, he or she will advise you on the need for further specialist
involvement where we consider this to be necessary for the completion of your
instruction(s).
47. Insurance Rebuilding Cost Assessment
The Surveyor will provide an insurance rebuilding cost assessment only if this is agreed at
the time of taking instructions. The Reinstatement Cost figure (If requested in the
Client instruction) for the permanent buildings is provided for insurance purposes and is not
directly related to the market value of the property. The reinstatement cost will be calculated
by reference to the indices and guidance published by the Building Costs Information Service
(BCIS). The figure stated will only include Value Added Tax on professional fees (not on
building costs) and will not take into account other potential or consequential losses such as
costs of demolition, site clearance, provision of services, alternative accommodation,
personal items or any other contents or contingent costs.
48. Force Majeure
Whilst every reasonable effort will be made to carry out the inspection at the date/time
agreed, we cannot be held liable for any losses caused by matters outside our control, such
as, but not exclusively: Surveyor illness; traffic/vehicle delay/breakdown; extreme weather
conditions; or vendor unavailability.
49. 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.
50. The Surveyor shall, unless otherwise expressly agreed, rely upon information provided to the
Company or the Surveyor by the Client or the Client’s legal or other professional advisers
relating to relevant matters.
51. Any document resulting from a survey or other inspection of a building will not purport to
express an opinion about or advise upon the condition of un-inspected or concealed parts
and should not be taken as making any implied representation or statements about such
parts.
52. Where the Client has instructed the Surveyor to make investigations which cause damage to
the Subject Property on the basis that the Client has obtained the owner’s consent,
the Client will indemnify the Surveyor against any loss or costs or liabilities arising.
53. The Client may only rely upon the Surveyor’s advice and report for purposes described in the
Instruction Email, particulars of which have been communicated to the Surveyor in writing,
and if the Client wishes to rely upon such advice and The Report for any other purpose, The
Client may only do so with specific written consent of The Company and The Surveyor.
These Terms and Conditions are based on the model Terms and Conditions of Engagement
contained in the RICS guidance note.
54. External Cladding Panels and Fire Safety – Composite external panels which incorporate
insulating material between inner and outer external wall faces such as aluminium
composite material (ACM) panels have been extensively used in recent years as external
cladding. Some panel cladding systems incorporate combustible insulation materials. The
type of insulation and any fire checking of the panel system cannot be identified from a
visual inspection. Where the existence of such panels has been reported, the type of
insulation and installation is outside the scope of The Survey Report. Other elements of the
Property and building will also have a bearing on overall fire safety, including, fire doors, fire
stops in wall cavities, escape routes, alarms and fire suppression systems. Such matters are
outside the scope of The Survey Report. For buildings of more than two storeys it is
essential that the Fire Safety Certificate, (EWS1), is supplied. For buildings of two storey
height or less the Surveyor will make the assumption that the cladding system is satisfactory.
It is the responsibility of The Client to have any materials tested and if found to be not in
compliance, The Client should make all necessary enquiries prior to any legal or financial
commitment.
55. Asbestos and other hazardous materials: The construction of buildings, fixtures, fittings and
plant or equipment may contain hazardous materials. Such materials are impossible to
detect without specific tests and are beyond the scope of The Survey Report. No guarantee
is given that such materials are not incorporated in any part of the property or fixtures. The
service does not include an asbestos inspection and it falls outside The Control of Asbestos
Regulations 2012.
56. Limitation of Liability
RICS recommends the use of liability caps to members to manage the risk in valuation and
survey work. Our aggregate liability arising out of or in connection with this service, whether
arising from negligence, breach of contract or any cause whatsoever, shall in no event exceed
15% of the Market Value of The Subject Property at the date of inspection, or the purchase
price in relation to this report (whichever is the lesser). We will not be responsible for the
first £2,000.00 of any claim. This clause shall not exclude liability for death or personal injury
caused by our negligence.
The Survey Report is provided for The Clients use only, and we cannot accept responsibility
if it is used or relied upon by anyone else, any other or third parties, unless this is expressly
agreed by The Company and The Surveyor, in writing beforehand. None of the employees of
The Company, partners or consultants, individually, has a contract with you, The Client, or
owes you a duty of care or personal responsibility. You agree that you will not bring any claim
against any such individuals personally in connection with the Services. For avoidance of
doubt, the liability caps set out here also apply to valuations provided as an additional
service.
The Company and/or The Surveyor shall under no circumstances whatsoever be liable to the
Client, whether in contract, tort (including negligence), breach of statutory duty, or
otherwise, for loss of profit or any indirect or consequential loss, of any failure by the
Client or any agent of the Client: promptly to provide information or other material
reasonably requested, or where that material is inaccurate or incomplete, or to follow our
advice or recommendations.
57. The Client acknowledges and agrees that the sole obligation of the Company is to arrange
for the Surveyor to provide the Client with the Survey Report. The Client hereby accepts
that any claim for losses arising out of any matter in connection with the Survey Report or
any acts or omissions of the Surveyor must be brought against the Surveyor. The
Client acknowledges, agrees and accepts that the Company shall have no liability
whatsoever for or in relation to any such losses.
58. None of the Company’s employees, officers, partners, affiliates or consultants individually
has a contract with the Client or owes the Client or the prospective purchaser or vendor or
any other party a duty of care or personal responsibility. The Client agrees not to bring any
claim against any such individuals personally. To the extent that any part of this notification is
a restriction of liability within the meaning of Section 1 of the Unfair Contract Terms Act
1977, it does not apply to death or personal injury resulting from negligence or fraudulent
misrepresentation.
59. These Terms of Engagement do not include any warranties, conditions and other terms
except as stated herein and as required by law. The Survey Report and any associated
valuation will be provided after diligent consideration and research, but property values are
subject to fluctuation and the valuation process is inexact and thus the Surveyor’s opinion is
subject to a degree of tolerance depending on the property and the availability of
comparable evidence. Valuations are provided to assist the Client in making a prudent
decision; they are not provided as any form of guarantee or warranty of value.
60. Where loss is suffered by the Client for which the Company, the Surveyor and/or any other
third party are jointly responsible, any recoverable loss by the Client from the Company will
be proportionate to the Company’s relative contribution to the loss suffered and subject to
the provisions of this clause 10.
61. Where the Client is composed of more than one entity, then each such entity’s liability shall
be joint and several.
62. The Client acknowledges that the Surveyor shall have no liability for any inaccuracy in the
Survey Report or service provision where this is due to an inaccuracy in the Information
provided by the Client or third parties.
63. The terms implied by Sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the
fullest extent permitted by law, excluded from this Contract and the Survey Report.
64. This Clause 10 shall survive termination of this contract.
65. The Client’s failure to follow the requirements set out in these Terms and Conditions will
invalidate the Survey Report and service provision.
66. Nothing in these conditions shall limit or exclude the Company’s liability for:
Death or personal injury caused by its negligence, or the negligence of its officers,
employees, agents, subcontractors or consultants;
67. Fraud or fraudulent misrepresentation.
68. If the Client has agreed to accept reimbursement of the fee paid, or the Company’s fee
account has not been settled within two months of the date of the invoice, then it is agreed
that the Client has placed no reliance on the Survey Report (including a valuation produced
therein) and thus the Client or any permitted assignees will not be entitled to pursue any
action for alleged negligence, breach of contract or breach of duty. This does not limit the
Company’s entitlement to the agreed fee.
69. All telephone or verbal discussions are prone to misinterpretation or misunderstanding by
either party, especially in the interpretation of instructions, legal, technical or descriptive
matters; as such no reliance may be placed by the Client upon any such discussions unless
agreed outcomes are formally confirmed in writing by an authorised officer of the Company.
70. VALUATIONS PROVIDED AS AN ADDITIONAL SERVICE
Where a valuation is to be provided as an additional service, as confirmed with The Client in
the Instruction Email, the following terms and conditions will also apply:
Purpose of the Report
The Client wishes the Company to arrange for the Surveyor to provide within the Survey
Report an opinion of the value of the Freehold or Leasehold or Commonhold interest in The
Subject Property as specified by the Client.
71. The Surveyor shall provide to the Client an opinion of value with the Survey Report (as per
1a above) based upon an inspection of the property by a named individual who shall be:
72. a member of the Royal Institution of Chartered Surveyors (RICS) holding one of the
membership grades: AssocRICS, MRICS, or FRICS; and
73. a member of the RICS Valuer Registration Scheme (VRS), setting out the Valuer’s opinion of
the relevant interest in the property.
74.The Valuation within the Survey Report will be prepared in accordance with the RICS
Valuation – Global Standards effective 31 January 2022, the RICS Valuation – Global Standard
2017: UK National Supplement effective 14 January 2019, and relevant UK VPGAs.
75. Confidentiality: The Surveyor’s valuation is provided to the named addressee/s alone and
solely for the purpose of the instruction to which it relates. The valuation may not, without
The Company’s and Surveyor’s written consent, be used or relied upon by any other or third
party, even if that third party pays all or part of the fees, or is permitted to see a copy of the
Survey Report. If The Company and The Surveyor provides written consent to a third party
relying on the valuation, any such third party is deemed to have accepted the terms of
The Company’s engagement and the Surveyor’s engagement, and an additional fee may be
payable. Neither the whole nor any part of the Survey Report or any reference to it may be
included in any published document, circular or statement nor published in any way without
The Company’s and The Surveyor’s written approval of the form and context in which it may
appear.
76. The Surveyor shall have no known interest in The Subject Property or any other conflict that
will prevent the Valuation from being undertaken in an independent, objective, and
unbiased way.
77. The Market Value reported unless otherwise specifically agreed in writing, shall be in
accordance with one or more of the following Valuation bases: Market Value (MV) or Market
Rent (MR) detailed at the beginning of these conditions. (See “Definitions”.) The value shall
be provided in pounds sterling.
78. The Valuation Methodology shall be the Comparable Basis of Methodology unless at the sole
discretion of the Surveyor/Valuer and subject to the interest, bearing income, an Investment
Methodology may be adopted which will be stated in the Valuation Report.
79. Flats – Building Insurance will be for the subject flat only and it will be assumed that the
Client’s legal adviser will confirm that the Freeholder or Management company includes the
flat in a block buildings insurance policy.
80. Access to the property shall be the responsibility of the Client who should inform the
Surveyor of any delay or any special arrangements to be followed together with contact
information for the occupier, estate agent or other key holder.
81. The Client will be informed of the inspection date and time and the report will be available
normally within five working days of the inspection or otherwise as agreed with the
Client and is subject to all necessary information being made available to the Surveyor or
subject to further discovery. Any anticipated delay in gaining access or delay in the report will
be notified to the Client.
82. Reporting Assumptions and Limitations relating to provision of the Valuation within the
Survey Report
83. The Surveyor will make reasonable assumptions which will be specified in the Survey
Report. However, if these assumptions are found to be incorrect please advise us
immediately as the valuation may require to be amended to take account of any newly
disclosed, amended or discovered facts.
84. The Surveyor shall, unless otherwise expressly agreed, rely upon information from the
Client or the Client’s legal or other professional advisers. It is the responsibility of the
Client to ensure this information is accurate and to promptly advise the Surveyor if it is not.
85. External Cladding Panels and Fire Safety – Composite external panels which incorporate
insulating material between inner and outer external wall faces such as aluminium
composite material (ACM) panels have been extensively used in recent years as external
cladding. Some panel cladding systems incorporate combustible insulation materials. The
type of insulation and any fire checking of the panel system cannot be identified from a
visual inspection. Where the existence of such panels has been reported, the type of
insulation and installation is outside the scope of The Survey Report and the
Valuation. Other elements of the Property and building will also have a bearing on overall
fire safety, including, fire doors, fire stops in wall cavities, escape routes, alarms and fire
suppression systems. Such matters are outside the scope of the Valuation. For buildings of
more than two storeys it is essential that the Fire Safety Certificate, (EWS1), is supplied.
Where the nature of the cladding is considered to be suspect, the Surveyor will report a Zero
Value until the form EWS1 in Compliance is supplied. For buildings of two storey height or
less the Surveyor will make the assumption that the cladding system is satisfactory. It is the
responsibility of The Client to have any materials tested and if found to be not in compliance,
the Valuation may then require to be adjusted. The Client should make all necessary
enquiries prior to any legal or financial commitment.
86. Asbestos and other hazardous materials: The construction of buildings, fixtures, fittings and
plant or equipment may contain hazardous materials. Such materials are impossible to
detect without specific tests and are beyond the scope of the Survey Report. No guarantee is
given that such materials are not incorporated in any part of the property or fixtures. The
service does not include an asbestos inspection and it falls outside The Control of Asbestos
Regulations 2012.
87. The Inspection will take into account gardens, grounds and permanent outbuildings, but will
not include constructions or equipment with a specific or leisure purpose, including sauna,
swimming pools or tennis courts and associated services and changing rooms. The
Inspection will include the immediate gardens that belong to the property, but the
Inspection specifically excludes any additional land such as pasture or amenity land.
88. Measurement – the Surveyor may measure the property during the inspection or take
measurements or areas from plans provided by the Client or obtain such details from
specialised database information available to the Surveyor or from publicly available
information at the sole discretion of the Surveyor. Outbuildings will not be measured on site
unless they are considered by the Surveyor to contribute significantly to the reported capital
value or reinstatement cost (if reported).
89. The Following Additional Assumptions will be made by the Surveyor in respect of the
Property:
the ground is not affected by the existence of noxious or toxic substances or gases and has
not been used for landfill or mineral extraction or other forms of contamination, and does
not contain gypsum deposits;
90. no high alumina cement concrete or calcium chloride additive or other potentially
deleterious material including ‘Mundic material’ was used in the construction of the
property or has since been incorporated;
91. the Property is not susceptible to radon gas pollution, invasive or protected species, flood
risk, high voltage equipment, cables or coastal erosion, unless specified in the report;
92. the Property is not subject to any unusual or especially onerous restrictions, encumbrances
or outgoings, easements or way leaves or rights of way over the property and that good title
can be shown;
93. the Property and its value are unaffected by any matters which would be revealed by local or
environmental searches, and replies to the usual enquiries, or by any statutory notice, and
that neither the property, nor its condition, nor its use, nor its intended use, is or will be
unlawful;
94. the inspection of those parts which have not been included in the Inspection in accordance
with these Terms and Conditions would neither reveal material defects nor cause the
Surveyor to alter the valuation materially;
95. it is assumed that unless otherwise stated, roads, sewers and services outside the curtilage
of the Property are the responsibility of the Local Authority or other statutory body. It is
further assumed, unless otherwise stated, that all services including drainage are connected
and access and roads are unfettered, and in the case of the public highway, maintained at
the expense of the Local and Highways Authorities;
96. the Valuation is based on the assumption that the Property is being valued with vacant
possession and, unless otherwise stated, for owner occupation; if the property is tenanted
the Client is under a duty to inform the Surveyor;
97. that further investigation into Planning Permission, Building Regulations, Permitted
Development Rights, extensions and alterations, hazardous materials, onerous restrictions or
the like will not reveal anything sufficiently adverse as to materially affect the Valuation;
98. in the case of Leasehold Tenure the Surveyor will assume that there remains a minimum of
85 years on the lease, and the Ground Rent and any Service Charges are reasonable unless
otherwise detailed in the report;
99. there are no archaeological remains, Scheduled Ancient Monument or liability to Chancel
Repair and the property is not at risk of flooding or likely to suffer damage from unstable
ground conditions;
100. any other assumptions will be clearly stated in the report; however, the Surveyor
shall be under no duty to verify these assumptions and the Client should ensure the
assumptions are If any of these assumptions are incorrect then these should be discussed
with the Valuer before any financial or legal commitment is made as the Valuer’s opinion of
value may change;
101. if the Surveyor has not been provided, or cannot obtain, an up-to-date EPC rating for
this property, for the purposes of the Energy Act 2011, its valuation will be based on the
assumption that the subject property will meet the minimum requirements laid down by
legislation and that there will be no adverse impact on value, rental ability and marketability;
102. in the case of a newly constructed property, it has been built under a recognised
builder’s warranty or insurance scheme, or has been supervised by a professional consultant
capable of fully completing the UK Finance Professional Consultant Certificate;
103. there are no ongoing insurance claims or neighbour disputes and the property is
insurable under normal terms.
104. Leasehold Properties
Where The Subject Property is leasehold, data including unexpired lease term, ground rent
and any further relevant information should be considered and reflected in the Valuation
based upon data that can be sourced on the day of inspection or beforehand from either the
vendor or the selling agent as applicable following reasonable investigation. However, the
Surveyor clearly cannot give any absolute assurance that, if verbally provided, such data is
reliable – verification will be a matter for your legal representatives as appropriate.
Where The Subject Property is leasehold, and it is not possible to inspect the lease or details
have not been provided, the following assumptions will be made, unless instructed to the
contrary:
105. The unexpired term of the lease is assumed to be 85 years, and no action is being
taken by any eligible party with a view to acquiring the freehold or extending the lease RICS
Valuation – Global Standards 2022: UK national supplement UK VPGA 11 Valuation for
residential mortgage purposes UK Valuation Practice Guidance Applications (UK VPGAs) RICS
Valuation – Global Standards 2017: UK national supplement.
106. There are no exceptionally onerous covenants upon the
107. The lease cannot be determined, except on the grounds of a serious breach of
covenant in the existing lease
108. If there are separate freeholders, head and/or other subhead leaseholders, the
terms and conditions of all the leases are in the same form and contain the same terms and
109. The lease terms are mutually enforceable against all parties
110. There are no breaches of covenant or disputes between the various interests
111. The leases of all the properties in the building/development are materially the
112. The ground rent stated, or assumed, is not subject to unreasonable review and is
payable throughout the unexpired lease
113. In the case of blocks of flats or maisonettes of over six dwellings, the freeholder
manages the property directly, or there is an appropriate management structure in
114. There is a duty holder, as defined in the Control of Asbestos Regulations 2012, and
there are in place an asbestos register and an effective management plan, which does not
require any immediate expenditure, pose a significant risk to health, or breach Health and
Safety Executive (HSE)
115. Where The Subject Property forms part of a mixed residential or commercially used
block or development, there will be no significant changes in the existing pattern of
116. Where The Subject Property forms part of a development containing separate
blocks of dwellings, the lease terms of the property apply only to the block. There will be no
requirement to contribute towards costs relating to other parts of the development, other
than in respect of common roads, paths, communal grounds and
117. Where The Subject Property forms part of a larger development whose ownership
has since been divided, all necessary rights and reservations have been
118. There are no unusual restrictions on assignment or subletting of the property for
residential
119. There are no outstanding claims or litigation concerning the lease of the subject
property or any others within the same development.
120. Where The Subject Property benefits from additional facilities within the
development, the lease makes adequate provisions for the occupier to continue to enjoy
them without exceptional restriction, for the facilities to be maintained adequately and for
there being no charges over and above the service charge for such use and maintenance.
121. For the avoidance of doubt, the Surveyor will not be under a duty to purchase data from
third parties or to read the lease documentation. If further information is provided to the
Surveyor after the valuation has been completed and submitted, the Surveyor may
reconsider the valuation and, if necessary, issue an amended report. But again, for the
avoidance of doubt, the Surveyor will not be under any obligation to read the lease
document and would only be expected to base a revised valuation on further information
provided to the Surveyor by your legal representatives.
122. Flats and Maisonettes
Where The Subject Property is part of a building comprising flats or maisonettes, the
following assumptions will also be made, unless instructed to the contrary: UK VPGA 11
Valuation for residential mortgage purposes, UK Valuation Practice Guidance Applications
(UK VPGAs).
123. The costs of repairs and maintenance to the building and grounds are shared
equitably between the flats and maisonettes.
124. There are suitable, enforceable covenants between all leaseholds, or through the
landlord or the
125. There are no onerous liabilities
126. There are no substantial defects, or other matters requiring expenditure (in excess of
the current amount or assumed amount of service charge payable on an annual basis),
expected to result in charges to the leaseholder or owner of the subject property during the
next five years, that are equivalent to 10% or more of the reported market value.
127. In respect of insurance, the following assumptions will be made, unless instructed to the
contrary:
128. the property can be insured under all-risks cover for the current reinstatement cost
and is available on normal terms;
129. there are no outstanding claims or disputes;
130. where individuals in a block make separate insurance arrangements, the leases make
provision for mutual enforceability of insurance and repairing obligations and;
131. any landlord responsible for insurance is required to rebuild the property with such
alterations as may be necessary to comply with current Building Regulations and planning
132. COST ESTIMATES PROVIDED AS AN ADDITIONAL SERVICE
We can provide cost estimates as an additional service to the Level 3 building survey service,
subject to an additional fee.
These are indicative costs only and the purpose of providing them is to give initial guidance
to help you in your purchasing decision. Actual costs may vary depending on economic
factors at the time.
Costs estimates may also be provided in bands as follows:
Band A – £1,000 to £2,000
Band B – £2,000 to £5,000
Band C – £5,000 to £10,000
Band D – 0ver £10,000
Items below £1,000 will be deemed as not significant in the context of making a decision to
purchase the property.
You must obtain your own cost estimates in writing from suitable building specialists and/or
contractors before exchange of contracts so that you are aware of all costs before you make
a legal commitment to purchase. Cost estimates must include VAT and any applicable
professional fees. Should you exchange contracts before obtaining estimates from such
contractors then you will proceed at your own risk. The Surveyor and Call Out Property
Surveyors Limited will not be liable for any variation in costs between The Surveyor’s
estimates and the actual costs provided by contractors or ultimately by way of expenditure in
addressing the issues highlighted by the cost estimates provided.
BUILDINGS INSURANCE REINSTATMENT COST PROVIDED AS AN ADDITIONAL SERVICE
The Surveyor can provide a building insurance reinstatement cost as an additional service to the
Level 2 homebuyer service, subject to an additional fee.
The reinstatement cost is not related to the capital value of the building and property. It is the cost of
rebuilding from scratch were the building to be damaged beyond repair.
The reinstatement cost is the cost of rebuilding a property including demolition of the original
building, temporary support of adjoining buildings where applicable, materials, labour, professional
fees and Local Authority charges. It includes sums for boundaries, drainage and significant
outbuildings. The reinstatement cost will be reported as a single figure, not as a detailed schedule of
all costs.
Specialist installations such as swimming pools are excluded.
The Surveyor cannot provide reinstatement costs for Listed Buildings as this requires a detailed
specialist assessment, which is beyond the scope of the service.