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  • 4 Sept 2023

    Do Conveyancers Check Survey Reports? What You Need to Know

    If you are purchasing a property and you had arranged for an independent survey to be carried out, it is likely the surveyor asked you to forward a copy of the report to your conveyancing solicitors.

    Surveys are inspections of the condition and structure of properties. Conveyancers are not usually able to advise on any issues relating to the property’s condition as their role is to deal with legal matters. It is your responsibility to let your conveyancer know whether you would like to raise any of the issues with the seller, such as asking the seller to rectify the issues prior to exchange of contracts.

    It is still worth sending a copy of the survey report to your conveyancer as there is normally a section within the standard RICS survey reports which outlines issues that the surveyor recommends legal advisers to make enquiries on. This section will generally ask legal advisers to obtain copies of planning permissions, building regulations certificates and guarantees for any works that have been carried out to the property, and to obtain recent test reports on the gas and/or electrical installations. These issues are covered in the Property Information Form that the seller would have filled out and provided to your legal adviser within the contract documentation.

    The legal section of the report might also ask conveyancers to confirm there are adequate access rights and to confirm which boundaries are your responsibility to maintain. Your conveyancer will check and report to you on these points following their review of the title documents and search results, regardless of whether a survey had been carried out.

    For any issues to which the seller’s initial documentation does not provide answers, your conveyancer will raise them as additional enquiries to the seller’s conveyancer.

    Survey reports provide valuable information on one of the biggest purchases a person can make in their lifetime. It is important to carefully consider any issues raised by the surveyor in the report. You should also keep in mind what might be a major issue to you might not be a major issue from a legal standpoint. It is therefore recommended that you speak to your conveyancer about any concerns you may have as soon as possible to discuss what your options might be.

    More About Survey Reports

    What is A Survey Report?

    A property survey is a crucial step in the home-buying process, providing valuable information about the property’s condition.

    A survey report is a document that provides a detailed analysis of a property’s condition, highlighting any major defects, needed repairs, and potential issues. It is typically conducted by a qualified surveyor and is an essential part of the conveyancing process. The report helps buyers make informed decisions about their purchase and can also be used to negotiate with the seller or lender. Survey results can significantly influence the decision-making process, including whether to proceed with exchanging contracts or addressing any issues that arise.

    Types of Survey Reports

    There are several types of survey reports available, each providing different levels of detail and analysis. The most common types of survey reports include:

    • Valuation Report: A report that provides an estimate of the property’s current market value, based on factors such as recent sales data and local economic conditions. This report is usually carried out for the benefit of a mortgage lender and so a buyer should not rely on it when deciding whether to proceed with the purchase.
    • Home Buyer Report: A standard report that provides an overview of the property’s condition, highlighting any major defects and needed repairs.
    • Building Survey: A more comprehensive report that provides a detailed analysis of the property’s condition, including any structural issues and needed repairs. This type of survey is recommended by conveyancers where possible, and it is especially crucial for older properties as it provides insights into potential issues such as subsidence and necessary repairs during renovation projects.

    The Role of Estate Agents in the Survey Process

    Estate agents play an important role in serving as the initial point of contact for both buyers and sellers. They can provide valuable information about the property, including its history, condition, and any known issues. However, it’s important to remember that estate agents are not qualified to conduct surveys or offer expert opinions on the property’s condition. Their primary role is to facilitate the sale and provide general information about the property.

    In some cases, estate agents may be present during the survey to ensure that the surveyor has access to the property and can conduct the inspection without any issues. They might also provide additional details about the property, such as its age, construction type, and any recent renovations. While estate agents are helpful in coordinating the survey process, the detailed assessment and expert analysis come from the surveyor.

    How to Choose a Surveyor

    Choosing the right surveyor is essential to ensure you receive an accurate and comprehensive survey report. Here are some tips to help you select a qualified surveyor:

    • Professional Memberships: Look for a surveyor who is a member of the Royal Institute of Chartered Surveyors (RICS) or the National Association of Estate Agents (NAEA). These memberships indicate a high standard of professionalism and expertise.
    • Qualifications and Experience: Check the surveyor’s qualifications and their experience in conducting surveys. An experienced surveyor is more likely to provide a thorough and accurate report.
    • References and Reviews: Ask for references and read reviews from previous clients. This can give you insight into the surveyor’s reliability and the quality of their work.
    • Insurance Coverage: Ensure the surveyor has adequate insurance coverage, including professional indemnity insurance, to protect you in case of any errors or omissions in the report.
    • Price and Services: Compare prices and services offered by different surveyors. While cost is an important factor, it should not be the only consideration. The quality of the survey is paramount.
    • Specialisation: Consider hiring a surveyor who specialises in the type of property you are purchasing, whether it’s an older property, a new build, or a unique architectural style. Specialised knowledge can be invaluable in identifying specific issues.

    By following these tips, you can choose a surveyor who will provide a detailed and reliable survey report, helping you make an informed decision about your property purchase.

    The Benefits of a Survey Report

    A survey report offers numerous benefits to buyers, making it an invaluable tool in the home-buying process.

    Here are some of the key advantages:

    • Identifying Major Defects: A survey report highlights any major defects and potential issues with the property, allowing buyers to make informed decisions.
    • Detailed Assessment: The report provides a comprehensive assessment of the property’s condition, including structural integrity, needed repairs, and maintenance requirements.
    • Negotiation Tool: Armed with the information from the survey report, buyers can negotiate the price or terms of the sale, potentially saving money or securing necessary repairs before purchase.
    • Peace of Mind: Knowing the exact condition of the property gives buyers confidence and peace of mind, reducing the risk of unexpected problems after purchase.
    • Future Maintenance: The survey report serves as a valuable tool for future maintenance and repairs, helping buyers plan and budget for ongoing property upkeep.
    • Cost Identification: By identifying potential costs and expenses associated with the property, the survey report helps buyers avoid financial surprises and better manage their investment.

    For sellers, a survey report can also be beneficial:

    • Pre-emptive Identification: Sellers can identify and address potential issues before listing the property, making it more attractive to buyers.
    • Detailed Condition Assessment: Providing a detailed assessment of the property’s condition can build trust with potential buyers.
    • Negotiation Aid: A survey report can help sellers negotiate the price or terms of the sale more effectively.
    • Market Edge: Having a survey report ready can give sellers a competitive edge in the current market, demonstrating transparency and commitment to a fair transaction.

    The Role of Conveyancers in Surveys

    It is your responsibility as the buyer to review the survey and decide on any necessary actions, whether that’s renegotiating the price, requesting repairs, or even reconsidering the purchase. However, if your survey raises legal concerns, such as boundary disputes or planning permission issues, your conveyancer can offer guidance and help address these matters.

    If you need expert legal support during your property purchase, our experienced conveyancing team at Hegarty is here to help. Contact us today to ensure a smooth and stress-free transaction!

    Read more: The Benefits of Working with An Experienced Conveyancer

    Contact our team today

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