Terms & Conditions

Chartered Surveyors serving London and the South-east.

Terms and Conditions

VALUATION

The following are Standard Conditions of Engagement. They set out the terms upon which we will undertake the valuation, unless there are any expressly agreed variations, which are confirmed in writing. The report will be prepared by an authorised Chartered Surveyor acting on behalf of Spotlight Surveyors.

1. The purpose of the valuation report is outlined above.

2. The subject property and interest to be valued are indicated above. The valuation will include fixtures and fittings normally associated with

the type of property but excludes personal effects and chattels.

3. Unless otherwise specifically agreed the value reported will be the MARKET VALUE as defined in the Guidance Notes by the RICS in the Appraisal and ValuationManual.

4. Subject to paragraphs 6 and 7 below, the valuer shall carry out such inspections and investigations as are, in the valuer’s professional

judgement, appropriate and possible in the particular circumstances.

5. The valuer shall rely upon information provided by the client and/or client’s legal or other professional advisers relating to tenure,

tenancies, planning and other relevant matters.

6. The valuer will have regard to the apparent state of repair and condition of the property but will not carry out a building survey nor inspect

those parts of the property which are covered, unexposed or inaccessible. Such parts will be assumed to be in good repair and condition.

The valuer will not be under a duty to arrange for the testing of electrical, heating or other services.

7. In reporting the valuer will meet the relevant requirements of the RICS Appraisal and Valuation manual and will make the following

assumptions, which he/she will be under no duty to verify:

a) that no harmful or hazardous material has been used in the construction of the property, or has since been incorporated, and that

there is no contamination in or from the ground and that it is not land filled ground;

b) that good title can be shown and that the property is not subject to any unusual or especially onerous restrictions, encumbrances or

outgoings;

c) that the property and its value are unaffected by any matters which would be revealed by a local search, replies to the usual enquiries

or by any statutory notice, and that neither the property, nor its condition, use or intended use is, or will be unlawful;

d) that the inspection of those parts which have not been inspected would neither reveal material defects nor cause the valuer to alter

the valuation materially;

e) that no radon gas is present at the property.

8. The report will be provided for the stated purpose(s) and for the sole use of the named client. It will be confidential to the client and the

client’s professional advisers. The valuer accepts responsibility to the client alone that the report will be prepared with the skill, care and

diligence reasonably to be expected of a competent valuer but accepts no responsibility whatsoever to any parties other than the client.

Any such other parties rely upon the report at their own risk. Neither the whole or any part of the report nor any reference to it may be included

in any published document, circular or statement nor published in any way without the valuer’s written approval of the form and context in

which it may appear.

9. The client will pay and submit the fee agreed and the cost of all reasonable out-of-pocket expenses (if so agreed) together with the amount

of any Value Added Tax on the fee and expenses, together with the signed acceptance of the Terms and Conditions of Engagement.

10. Payment is due at the time of instruction and the report will not be released until the payment has cleared.

TERMS & CONDITIONS OF ENGAGEMENT

RICS HOMEBUYER SURVEY & REPORT

Please Note: These Terms & Conditions of Engagement form part of the contract between the Surveyor and the Client.

Subject to express written agreement to the contrary and any agreed amendments/additions, the Terms and Conditions upon which the Surveyor will

undertake the Homebuyer Survey & Valuation Report are set out below.

1. General

(a) Based on an inspection as defined below, the Surveyor, who will be a Chartered Surveyor, will advise the Client by means of a written

Report as to his/her opinion of the visible condition and state of repair of the subject property, and as to whether the purchase price agreed

reflects the condition.

(b) Before the inspection, the Client will inform the Surveyor of the agreed purchase price for the property and any particular concerns or

questions which he or she may have about the property, and also provide any additional instructions.

2. The Service

(a) The Surveyor's main objective is to give the Client professional advice which will assist them as follows:

_ To make a reasoned, informed judgement on whether or not to proceed with the purchase.

_ To assess whether or not the property is a reasonable purchase at the agreed price.

_ To be clear what decisions and actions should be taken before exchange of contracts.

(b) The HOMEBUYER Service therefore covers the general condition of the Property and particular features which affect its present value and

may affect its future resale. The Report focuses on what the Surveyor judges to be urgent or significant matters. Significant matters are those

which, typically, in negotiations over price would be reflected in the amount finally agreed. Urgent matters are those requiring repair or

replacement now. If these matters are not attended to, additional problems will develop or may become a safety hazard. In both cases, further

advice and estimates must be obtained prior to commitment to purchase. We will not report on minor maintenance issues.

3. The Inspection

(a) Accessibility and Voids

The Surveyor will inspect as much of the surface area of the structure as is practicable, but will not inspect those areas which are covered,

unexposed or not reasonably accessible.

(b) Floors

Accessible floors will be inspected, no attemps will be made to raise floorboards. No carpets or floor coverings will be lifted where they are

fixed. Loose coverings will be moved where possible without causing damage, or moving large items of furniture.

(c) Roofs

The Surveyor will inspect the roof spaces where there is proper and safe access. The Surveyor will have a ladder of sufficient height to gain

access to a roof hatch or to a single storey roof, not more than 3.0m (10’ 00”) above the floor or adjacent ground. It will not be possible to

physically inspect roofs above this level. In such cases, pitched roofs will be inspected with the aid of binoculars. The Surveyor will follow the

RICS and Health & Safety Executive guidance on surveying safely. The Surveyor will not walk on flat roofs.

(d) Grounds, Boundaries and Outbuildings

The Surveyor will carry out an examination of outbuildings, such as stand-alone garages, sheds and boundary fences, but will not provide a

detailed report. Facilities such as swimming pools and tennis courts will not be inspected, nor reported upon.

(e) Services

The services will be inspected visually (except, in the case of flats, for drainage, lifts and security systems), but the Surveyor will not test or

assess the efficiency of electrical, gas, plumbing, heating or drainage installations, or compliance with current regulations, or the internal

condition of any chimney, boiler or other flue. Inspection chamber covers will only be lifted where accessible and practicable. No tests will be

applied. Additional specialist reports/tests will be recommended if considered necessary.

The Surveyor will not research the presence (or possible consequences) of contamination by any harmful substance. However, if a problem is

suspected in any of these areas, advice will be given on what action should be taken.

(f) Areas not Inspected

The Surveyor will identify any areas which would normally be inspected, but which he or she was unable to inspect. The Surveyor will not

inspect woodwork or other parts of the structure which are covered, unexposed or inaccessible. All such areas will be assumed to be sound

and in good repair and free from defects. The Surveyor will not express an opinion about, nor will he or she advise on the condition of

uninspected parts. This does not imply any representation or statement about such parts. The Surveyor is unable to comment on the

condition of inaccessible areas.

(g) Flats and Maisonettes

The Surveyor will inspect only the subject flat and garage (if any), the related internal and external common parts and those parts of the

structure of the building in which the subject flat is situated. Other flats or properties will not be inspected. The roof space will not be entered

or inspected unless access is within the subject flat. Drainage inspection chambers and flat roofs on blocks of flats will not be inspected. The

Surveyor will state in his/her Report any restrictions upon accessibility to the common parts or visibility of the structure. The Surveyor will state

if a copy of the lease has been seen and, if not, the assumptions made as to the repairing obligations. The Client is reminded that, particularly

in the case of large blocks, the object of the inspection is to give guidance on the general standard of construction and maintenance, pointing

out those items which will require attention and not to list those minor points which would normally be taken care of in the course of routine

maintenance. (Many flats form part of large developments consisting of several blocks. In such cases, the Surveyor will inspect only the

relevant part of the block in which the flat is situated.)

(h) Environment and other issues

Particular noise and disturbance affecting the property will only be noted if it is significant at the time of inspection or if specific investigation

has been agreed between the Surveyor and the Client, and confirmed in writing. The Surveyor will report on any obvious health and safety

hazards to the extent that they are apparent from elements of the property considered as part of the inspection. The Surveyor will not

comment on Enviro-Search reports as they are not specific to the property and the information contained therein is too general for us to

provide any meaningful comment. Should the Client be concerned as to the aspects of the environmental report, we suggest that the matter

be referred to the originator of the report for more detailed comment.

4. Deleterious and Hazardous Materials

(a) Unless otherwise expressly stated in the Report, the Surveyor will assume that no deleterious or hazardous materials or techniques have

been used in the construction of the property. However, the Surveyor will advise in the Report if, in his/her view, there is a likelihood that

deleterious materials have been used in the construction and that, in such cases, specific enquiries should be made or tests carried out by a

specialist.

(b) The Surveyor will not specifically look for lead water supply pipes or the presence or possible release of asbestos, but where such

materials are noted during the survey, it will be recorded in the Report. It must be appreciated that such materials are often only visible after

opening up – see paragraph 3(a).

(c) The Surveyor will advise in the Report if the property is in an area of specific risk for flooding, radon, etc. In such cases, the Surveyor will

advise that tests should be carried out to establish the radon level and that further enquiries be made to establish flooding risk, etc.

(d) The Surveyor will advise if there are transformer stations or overhead power lines which might give rise to an electro-magnetic field, either

over the subject property or visible immediately adjacent to the property. The Surveyor cannot assess any possible effect on health or report

upon underground cables.

5. Contamination

The Surveyor will not be required to comment upon the possible existence or consequences of harmful or noxious substances, landfill,

asbestos or mineral extraction, or other forms of contamination.

6. Consents, Approvals and Searches

(a) 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.

(b) The Surveyor will assume that all Statutory National and Local consents have been obtained. The Surveyor will not verify whether any

such consents have been obtained. The Client and his/her legal advisers should make all necessary enquiries. Drawings/specifications will

not be inspected by the Surveyor.

(c) 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 enquiries, or by a Statutory Notice, and that neither the property, nor its condition, its use, or its intended use, is or will be unlawful.

7. The Report

(a) The Report provides the Surveyor's opinion of those matters which are urgent or significant and need action or evaluation by the Client

before contracts are exchanged. It includes some or all of the following:

_ Urgent repairs (e.g. defective chimney stacks) for which the Client must obtain a quotation.

_ Significant matters requiring further investigation where essential (e.g. evidence of suspected subsidence) for which the Client should

obtain (and may have to pay for) reports and quotations from suitable contractors.

_ Legal matters (e.g. a possible right of way) which the Client should instruct the Legal Advisers to include in their enquiries.

(b) Matters assessed as not urgent or significant are outside the scope of the Homebuyer Service and are generally not reported; however,

other matters (such as safety) may be reported where the Surveyor judges this to be helpful and constructive. If a part or area normally

examined is hidden or not accessible during the Inspection, this is reported. If a problem is suspected, advice is given on what action should

be taken.

8. Cancellation

The Client will be entitled to cancel this contract by notifying the Surveyor's office at any time up to the close of business on the day before the

Inspection. In case of cancellation, the Surveyor will refund any money paid by the Client for the Service, except for expenses reasonably

incurred. In the case of cancellation by the Surveyor, the reason will be explained to the Client.
9. Validity

No term in the agreement between the Surveyor and the Client is enforceable under the Contracts (Rights Of Third Parties) Act 1999 by

another person other than Spotlight Surveyors or the Client. This survey will remain valid for 3 months from the date of any report. Spotlight Surveyors accepts no responsibility for the reports, valuations, findings and comments, following the expiry of the 3 month period. Any such parties

rely on the Report at their own risk.

10. Fees and Expenses

The Client will pay Spotlight Surveyors the agreed fee for the Report and any expressly agreed disbursements in addition. The fee is subject to

VAT at the current rate. All fees must be paid prior to the Report being issued.

11. Restriction on Disclosure

The Report is for the sole use of the named Client and is confidential to the Client and his/her professional advisers. 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 another person other than Spotlight Surveyors or the Client. Any such parties rely upon the Report at their own risk. The Report must not be

reproduced, in whole or part, without the prior written consent of the Surveyor. We reserve the right to act for and to advise any third party on

this same property in the event that the Client decides for any reason not to proceed with the purchase.

12. The Valuation and Reinstatement Cost

(a) The last section of the Report contains the Surveyor’s opinion both of the Market Value of the Property and of the Reinstatement Cost, as

defined below.

(b) “Market Value” is the estimated amount for which a property should exchange on the date of valuation between a willing buyer and a willing

seller in an arm’s-length transaction after proper marketing wherein the parties had each acted knowledgeably, prudently and without

compulsion. In arriving at the opinion of Market Value, the Surveyor also makes various standard assumptions covering, for example: vacant

possession, tenure and other legal considerations; contamination and hazardous materials. The condition of un-inspected parts; the right to

use mains services; and the exclusion of curtains, carpets etc, from the valuation. (If required, details are available from the Surveyor.) Any

additional assumptions, or any found not to apply, are reported.

(c) “Reinstatement Costs” is an estimate for insurance purposes of the current cost of rebuilding the Property in its present form, unless

otherwise stated. This includes the cost of rebuilding the garage and permanent outbuildings, site clearance and professional fees, but

excludes VAT (except on fees). This advice will be in accordance with current BCIS Guidance.

TERMS & CONDITIONS OF ENGAGEMENT

FOR BUILDING SURVEYS - RESIDENTIAL PROPERTY

Please note: These Terms & Conditions of Engagement form part of the contract between the Surveyor and the client.

Subject to express written agreement to the contrary and any agreed amendments/additions; the Terms and Conditions upon which the Surveyor will

undertake the Building Survey are set out below.

1. General

(a) Based on an inspection as defined below, the Surveyor, who will be a Chartered Surveyor, will advise the Client by means of a written

Report describing the construction of the property and giving his/her opinion of the visible condition and state of repair of the subject property,

and as to whether the purchase price agreed reflects the condition.

(b) Before the inspection, the Client will inform the Surveyor of the agreed purchase price for the property and any particular concerns or

questions which he or she may have about the property, and also provide any additional instructions.

2. The Service

The Surveyor's main objective is to give the Client professional advice which will assist them to make a reasoned, informed judgement on whether or not to proceed with the purchase, and to be clear what decisions and actions should be taken before exchange of contracts, and to comment on future maintenance liabilities.

3. The Inspection

(a) Accessibility and Voids

The Surveyor will inspect as much of the surface area of the structure as is practicable, but will not inspect those areas which are covered,

unexposed or not reasonably accessible.

(b) Floors

Accessible floors will be inspected, no attempt will be made to raise fixed floorboards. No carpets or floor coverings will be lifted where they

are fixed. Loose coverings will be moved where possible without causing damage, or moving large items of furniture.