Byrom & Thomas Chartered Surveyors           11 Broadway Ave Wallasey CH45 6TA  0151 647 3775               14 Belvedere Road Southport PR8 2PA       01704 575515

RICS  Home Buyer Reports (HBR)  and Building Survey Reports (BSR)

This is a useful link to the RICS impartial guide to buying a property

 

http://b-a-o.com/wp-content/uploads/2015/11/RICS-consumer-guide-Buying-home.pdf

Terms and conditions for a Home Buyers report - (Scroll down for Building Survey details)

 

Sample text of our Terms and Conditions

HOME BUYERS REPORT -  Standard Terms of Engagement

 

 

Thank you for your enquiry; purchasing a property is one of the largest financial commitments and risks we take on in our lives and it is important that you understand these risks and take proper professional advice at this time.

 

We try to guide you through the process of having a Home Buyers report prepared in easy stages. 

 

References to the RICS are our professional and regulating body, the Royal Institution of Chartered Surveyors, we are Fellows of the RICS.

 

So far we have taken the instructions, now we have to confirm them to you in writing. 

 

We will then inspect the property and return the report to you, we would like to talk you through our findings and answer any questions you may have, so as to assist with any negotiations needed with the vendor or the estate agents.

 

We set out in this pack of documents: 

 

The standard terms and conditions for a Home Buyers Report (in this e mail). 

 

And enclosures:

 

  • Choosing between surveys

 

  • The RICS document specifying in more detail the terms of engagement for Home Buyers reports 

 

These all form part of the terms and conditions of engagement. 

 

We are RICS registered and approved valuers, within the RICS regulated scheme. 

  

We also confirm that this practice subscribes to the RICS complaints handling and arbitration scheme, as revised from 31st July 2018 - all correspondence to our office address.

 

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (The regulations) regulate most contracts made between a "trader" and a "consumer".     For these regulations, Byrom & Thomas’s Terms and Conditions of business, constitute an off premises contract and we have to provide our terms in a durable medium, that is if you agree this e-mail. 

 

The regulations also say that you should agree to make the contracted payment when entering into this contract.

 

(Dealing with urgent requests: regulation 36) The regulations provide a 14 day right to cancel, this would mean that we would not make arrangement to inspect for 14 days from receipt of your instructions, but if you agree, you can wave the right to cancel under the regulations if you instruct us to proceed immediately, but you will lose the right to cancel, as we will have started the work.

 

If you cancel prior to us undertaking the inspection, we will only charge the fair cost of any services undertaken to that date.

 

 

I am sorry that this letter and the RICS terms are rather formal, but it is a requirement of the Institution that you should be aware of the terms prior to commissioning the report.

 

Next Steps:

 

Please E mail back a note to say you have read the Terms and Conditions and they are agreed.     

 

You also need to say that you agree to wave the 14 day right to cancel.

 

To assist you may want to ‘cut and paste’ this phrase into an e mail back to us

 

With regard to the Home Buyers report, I/we agree the terms and conditions as set out in your recent e mail and wave the 14-day waiting period, please proceed as soon as possible with the inspection.

 

(We can not release the report without confirmation of the terms, waiver and payment of the appropriate fee)

We do not maintain a Client account as such, so your payment will go into our main account as work on the commission has started.

 

In these days, an electronic version of the report is normally more manageable as you can forward it to partners, solicitors, financial advisors etc. it also makes savings in printed paper.

We recommend you treat it in confidence and do not send it on to the vendor, their Solicitors, Estate Agent or their other representatives.

We will phone once the property is inspected and talk you through our findings.

Trusting that this is all in order, we will make an early arrangement to inspect the property.

  

             ______________________________________________

 

Byrom & Thomas Chartered Surveyors – standard terms of Engagement for  an RICS Home Buyers report

 

You have asked for a Home Buyers report.    

 

When designing this report the RICS intended that a Chartered Surveyor would advise you as to his opinion of the state of repair and condition of the property and to provide a valuation.

 

The report is based upon a random sample inspection of the exterior and interior of the subject property, its grounds and outbuildings more generally; we also look at the grounds and in the case of flats the rest of the building but again in a general way.   

 

In the report, we will advise you as to whether or not the price agreed for the purchase reflects the current open market value taking into account it's repair and condition and the market conditions generally.

 

We will inspect as much of the surface area as is practicable, lift loose floorboards and trap doors where accessible, but will not practically be able to raise fixed floorboards, carpets, move furniture, or to inspect those areas of the property that are covered, unexposed or are not readily accessible. 

 

We hope to inspect the roof space, if there is a reasonably and safely accessible roof hatch, insulated roof spaces cannot be accessed for safety but will be inspected from accessible hatches.   We use binoculars to view the visible areas of the roof from ground level, inaccessible flat roofs over three metres above ground level cannot be inspected.

 

The Surveyor cannot test services.  Electrical and Gas services need to be reported on by qualified professionals, but we comment on the surface features of the systems as visible (Specialist’s tests can be arranged at additional cost)

 

Parts of the structure and of the woodwork which are covered, unexposed or inaccessible, will not be inspected and will be assumed to be sound and in good repair.

 

The report cannot give advice on the condition of uninspected parts and should not be taken as making any representation or statement about those parts.

 

The report will be provided for the sole use of you as our client and your mortgagee, solicitors or other professional advisors.  We accept responsibility to you alone and the report will be prepared with the skill, care and diligence reasonably to be expected of a competent Chartered Surveyor but accept no responsibility whatsoever to any person other than yourself.  Any other person relies upon the report at their own risk.

 

We further make the following assumptions:

 

a. That no high alumina cement or deleterious material has been used in the property.

 

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

 

c. That the property and its value are unaffected by any matters which would be revealed by a local search and replies to the usual enquiries, or by statutory notice and neither the property nor it's condition, nor it's use, nor it's intended use, is or will be unlawful.

 

d. That inspection of those parts which have not been inspected would neither reveal material defects nor cause a surveyor to alter the valuation materially.

 

The surveyor will be under no duty to verify these assumptions.

 

Note: 

 

The Electrical Safety Council recommends that you should get a registered electrician to check the property and its electrical fittings at least every 10 years, or on change of occupancy. All electrical installation work undertaken after 1 January 2005 should have appropriate certification. For more advice contact the Electrical Safety Council.  

 

All gas, oil appliances and equipment should regularly be inspected, tested, maintained and serviced by a registered ‘competent person’ and in line with the manufacturer’s instructions. This is important to make sure that the equipment is working correctly, to limit the risk of fire and carbon monoxide poisoning and to prevent carbon dioxide and other greenhouse gases from leaking into the air. For more advice, contact the Gas Safe Register for gas installations, and OFTEC for oil installations.

 

I will normally recommend that electrical and gas services inspection are undertaken in the report,  you could be arranging for these inspections in parallel with my inspection and report.

  Please read these documents in tandem with the RICS Home buyers Terms  

                                                         Description of HBR                                                                Choosing between RICS survey

   

 

 

 

 

 

Comment from client for a Home Buyer report in L39 -       

"Thanks very much for working around me.  You have been very helpful with communicating etc".

​                 ****************************************************************************************************************************************************************

       Building Survey Reports  Terms &Conditions

 

Thank you for your enquiry; purchasing a property is one of the largest financial commitments and risks we take on in our lives and it is important that you understand these risks and take proper professional advice at this time.

 

We try to guide you through the process of having a Building Survey Report prepared in easy stages.

 

We attach the standard Description of the RICS Building Survey and Home Survey Information Sheet; these attachments form part of our Terms and Conditions.

 

 

References to the RICS are our professional and regulating body, the Royal Institution of Chartered Surveyors, we are Fellows of the RICS.  We are also registered under the RICS valuers registration scheme.

 

So far we have taken the instructions, now we have to confirm them to you in writing. 

 

We will then inspect the property and forward the report to you, we would like to talk you through our findings and answer any questions you may have, so as to assist with any negotiations needed with the vendor or the estate agents.

 

 

Building Survey Report, Standard Terms of Engagement

Cancellation - The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (The regulations) regulate most contracts made between a "trader" and a "consumer". 

 

For these regulations, Byrom & Thomas’s Terms and Conditions of business, constitute an off premises contract and we have to provide our terms in a durable medium, that is if you agree this e-mail. 

 

The regulations also say that you should agree to make the contracted payment when entering into this contract.

 

(Dealing with urgent requests: regulation 36) The regulations provide a 14 day right to cancel, this would mean that we would not make arrangement to inspect for 14 days from receipt of your instructions, but if you agree, you can wave the right to cancel under the regulations if you instruct us to proceed immediately, but you will lose the right to cancel, as we will have started the work.

 

If you cancel prior to us undertaking the inspection, we will only charge the fair cost of any services undertaken to that date.

 

 

The rights set out above are in addition to your legal rights. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards office.

 

Conflicts of Interest

The survey will be undertaken on the basis that we have no material involvement in the property and that no conflict of interest exists.

If the above is not the case, we will contact you to agree instructions before issuing the report.

 

Byrom & Thomas are an independent practice of Chartered Surveyors, working with partners who send us instructions on behalf of Banks and other lending institutions, the fee for your contract is not materiel to our total turnover and we can be considered as independent valuers, registered under the RICS valuers scheme.

 

Third Party Information

We will set out in the report the nature and source of any third party information that the client has requested is to be relied upon in the report.

 

Restriction on Disclosure

The Report will be for the stated purpose and for your sole use.  It will be confidential to you and your professional advisers.  We accept no responsibility to any parties other than you and any other parties rely upon the Report at their own risk.  Neither the whole nor 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 our written approval of the form and context in which it may appear.

As a RICS member, we may be required to disclose the report to RICS Regulation as part of its work to ensure that RICS professional standards are being maintained.

 

Complaints Procedure

Byrom & Thomas operate a complaints procedure in accordance with the requirements of the RICS as revised from 31st July 2018. A copy can be provided on request.

 

Byrom & Thomas has in place a professional indemnity insurance policy which complies with the requirements set by the RICS under our Regulated by RICS status and provides cover throughout the UK.

 

Fee

The Fee has been based on the description of the property provided by you and will be subject to revision if it is found, on arrival at the property, that it differs substantially from the description provided.

 

Further Information

 

The Surveyor will seek to contact you before proceeding with the inspection, if on arrival at the property it is found to be not as described or suitable for this type of report, we will contact you.

 

We would also highlight the fact that there can be areas of a property which cannot be inspected for safety reasons, the most obvious being a roof void with an active wasp’s nest. There are also times when we might find an area with asbestos in a dangerous condition. The surveyor always reserves the right to not enter an area deemed unsafe

and, if necessary, to even cancel the survey on site if, in his professional opinion, this is necessary for safety reasons.

 

When compiling the report, we may make reference to items beyond the normal scope of the report and these will be intended to provide assistance to you, but should not be taken as an assurance that there are no other items of a similar or even more important nature which have not been mentioned.

 

Byrom & Thomas are regulated by Royal Institution of Chartered Surveyors (RICS). All our surveyors are Fellows of the Royal Institution of Chartered Surveyors and are registered under the RICS Valuer Registration Scheme. Further information on RICS Regulation and the Code of Practice under which we operate can be found on www.rics.org.

 

We will provide an electronic copy of the report and photographs, these days this format is found to be more flexible and can be copied to partners and Professional advisors, we recommend that you keep the report confidential and do not share it with the Vendor, their Solicitors or Estate Agents.

 

Governing Law and Rights of Third Parties

This Agreement is governed and construed under English law and the English Courts shall have exclusive jurisdiction.

 

A person who is not a party to this Agreement shall have no rights under it and The Contract (Rights of Third Parties) Act 1999 shall not apply to this Agreement.

 

 

IMPORTANT: Before accepting these Terms and Conditions, please read carefully the contract documentation as it will form the legally binding contract between us. If there is any term of the contract documentation that you do not understand, then please discuss it with us before signing.

 

 

Next Action

 

Please e mail us back to confirm your acceptance of these terms and conditions, please also confirm that you wish to waive the 14-day waiting period.     Please advise if you have any particular concerns regarding the property.

 

 

You may wish to ‘Copy and paste’ the following statement, then e mail it back to us :

 

To Byrom & Thomas Chartered Surveyors - your Terms and conditions for a Building Survey Report are agreed, the 14 day waiting period for contracts is also waived, please proceed with the arrangements.

 

BSR T&C Attachment please read this as part of the terms

of a Building survey report.

RICS Home maintenance tips

Click this link for useful advice

http://www.rics.org/Global/5 Maintenance tips_SV.pdf

This is a useful link to the RICS impartial guide to buying a property

 

http://b-a-o.com/wp-content/uploads/2015/11/RICS-consumer-guide-Buying-home.pdf

RICS Home maintenance tips

Click this link for useful advice

http://www.rics.org/Global/5 Maintenance tips_SV.pdf

Customer feedback

 

HBR in Liverpool :

Hi Les

 

Thank you. I appreciate the report very much.

 

I've just got back from a short holiday. I will be in touch sometime next week.

HBR Liverpool 2017

Great service, very thorough and detailed. Well worth the cost, would recommend and use again.   Peter B

HBR Knowsley May 2018

Thank you, thats more detail than I was expecting, its certainly covered my questions

HBR in Crosby

First class service from the moment we spoke. Open, honest, speed of return and happy to provide an over and above service. I personally haven't come across that with too many of your peers. I would use your service again and again and would happily recommend you to other. Once again, thank you.

HBR in PR9

Many thanks for the Report which is most useful to us.

 

Thank you for your very prompt assistance and service throughout.

 

Kind regards