Terms of Engagement and Description of the Specific Defect Report
Services to the Property
Services are generally hidden within the construction of the property. This means that only the visible parts of the available services can be inspected. The surveyor does not carry out specialist tests. The visual inspection cannot assess the services are free from defect, however where we believe a faulty service may be contributing to the defect in question, we may recommend further investigations are carried out. We do not investigate or test the plumbing, heating or drainage installations or the internal condition of any chimney, boiler or other flue.
Dangerous Materials, Contamination and Environmental Issues
The surveyor may assume that no harmful or dangerous materials have been used in the construction, and does not have a duty to justify in making this assumption.
The surveyor does not carry out an asbestos inspection and does not act as an asbestos inspector when inspecting properties that may fall within The Control of Asbestos Regulations 2012 ('CAR 2012'). However, the report may comment where the presence of asbestos containing materials are suspected and whether advice should be gained prior to any works.
The Report
The surveyor produces a report of the inspection results for you to use but cannot accept any liability if it is used by anyone else.
The report is aimed at providing you with a detailed understanding of the specific defect in question, providing our expert advice and recommendations on the issues identified. This is aimed at allowing you to understand the type of repair needed. The report will include photographs of the defect to illustrate the surveyor findings.
In most cases, the inspection is sufficient to enable us to comment with a degree of certainty on the cause and seriousness of the defect and therefore repair options. However, in some instances, further testing, opening-up of the structure, excavation or removal of finishes may
be necessary in order to prove our diagnosis (and/or eliminate other causes), understand the total impact and therefore confirm the likely extent of the repair needed to resolve the issue.
Where progressive structural movement is suspected or where it would be useful to prove the defect is not worsening over a time, a period of monitoring may be recommended.
The report is not a guarantee that the property is free from defects other than those mentioned in the report and comment will not be made on the general condition of the property or services apart from where this has an impact on the specific defect in question.
Terms of Payment and Delivery of Service
You agree to pay our fee and any other charges agreed in writing.
The visit to the property will be made by the Surveyor once payment has been made.
We do not hold monies in a client account for the purpose of survey instructions although your money is protected by our cancellations policy as stated in these terms of engagement.
Once the visit has been made, the report will be subsequently compiled and sent via email.
If a hard copy is required, this will be charged at
£30 per copy which includes postage. Reports are posted recorded delivery. We hold no responsibility for reports not being received once they have been mailed.
Reports are typically issued electronically within 5-7 working days of the inspection taking place.
Cancelling this contract
You should seek advice on your obligations under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 ('the Regulations') and/or the Consumer Rights Act 2015. Upon signing the terms, you agree to waiver your 14-day cooling off cancellation rights to ensure the survey can proceed without delay.
We allow 2 working days' notice (this does not include weekends) before the date of the visit to the property to cancel your instruction to us. If you choose to cancel the survey or amend the date of the survey after this time or you do not notify us within the 2-working day period, your fee will become non-refundable at our discretion.
Once a visit has been made, a report will be produced by the surveyor and the agreed work will have been completed in accordance with our Terms and Conditions. No amendments to the original agreement can be made after this time.
The surveyor may cancel the contract and will report this to you as soon as possible if, after arriving at the property, the surveyor decides that they lack the specialist knowledge of the method of construction used to build the property or that the inspection is inappropriate for the property concerned. The surveyor will attempt to contact you immediately once this decision is made on the contact numbers which you have provided. If the surveyor cancels this contract, they will refund all monies to you and a written explanation to you of the specific issues which prevented the survey from proceeding.
Missed Appointments
Missed appointments are charged at half the fee plus disbursements/travel costs.
Missed appointments include any circumstances in which the surveyor is unable to carry out the full instruction on the day and time which the appointment has been booked and confirmed as per these terms and conditions or as per any subsequent amendments.
Circumstances leading to missed appointments include but are not limited to:
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The surveyor not being granted access by the vendor, agent, tenant or any other involved party.
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The agent, tenant, vendor or other involved party being obstructive to the duties of the surveyor and the client's instruction.
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The agent providing the wrong keys or not providing access to the property which results in the survey not being able to take place at the agreed time/date.
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Any other circumstances leading to a missed appointment which is no fault of House to
Homes Survey Ltd.
Although we realise sometimes these circumstances are not the fault of the client, it is advised the client does everything possible to ensure agents, tenants, vendors, and any other involved party behaves in a way which is conducive to the normal duties of an independent surveyor. Clients should be aware of the reasons why any of the people involved may obstruct the duties of an independent surveyor.
In addition, we also advise that in these circumstances, if you as the client becomes subject to these fees where the fault is not your own, you should pursue the cost with the person or company who has obstructed the process.
Liability
The report is provided for your use, and the surveyor cannot accept responsibility if it is used, or relied upon, by anyone else.
No third-party liability is accepted, meaning no other parties other than the Client named within the report may rely upon its content. We do not hold any liability to any third party.
The inspection will be undertaken, and the report prepared by a Chartered Building surveyor exercising due diligence. In the event of negligence on our part the measure of damages will be based on diminution in market value or the cost of rectifying defects at the time of survey whichever is lower. The contract is governed by English Law and parties to the contract agree to submit to the exclusive jurisdiction of English courts.
Referral Fees:
It may be that your case was introduced to us by a third party (i.e previous customer, agent or financial services provider). It is common practice for a proportion of our fee to be paid to the introducer. If you wish to be provided with details of any commission payment payable to the introducer, please contact our office prior to returning this document.
Conflict of Interest
We are not aware that there is any conflict of interest with any known parties in this transaction. If you become aware of any conflict of interest, please notify us immediately.
Complaints Handling Procedure
A copy of our Complaints procedure is obtainable on written request from: The Complaints Administrator, Unit 4C Gattinetts Business Park, Hadleigh Road, East Bergholt, CO? 6QT.


