Negligence claims against surveyors are serious business. If you suspect a property surveyor has failed to do their job properly, it could result in financial loss or even danger to health and safety.
Our professional negligence solicitors will help you make a claim if you’ve lost out. We can operate on a no win, no fee basis, so in these cases, you’ll only pay if you’re successful. Whether you bought a residential or commercial property, we’re here to help. –
Understanding claims against surveyors
You may be entitled to claim against surveyors if you’ve suffered a financial loss as a result of their negligence. You could also claim if they’ve overlooked something that could be dangerous, such as structural damage.
Claims against property surveyors usually fall under one or more of these categories:
- Professional negligence: Your surveyor may not have met their duty of care, such as reporting safety defects.
- Breach of contract: Business disputes might arise from terms set out in your contract, for example, accurate valuations. Your surveyor may have under or estimated the value of the property, leading to a financial loss.
- Professional misconduct: Some surveyor negligence cases come down to the individual’s conduct, for example, not adhering to standards set out by the Royal Institution of Chartered Surveyors (RICS).
Role of a surveyor
A surveyor’s role is to value and inspect the condition of the property, whether residential or commercial. These inspections, or building surveys, will identify any defects or safety hazards such as subsidence or structural damage.
Surveyors must also provide an accurate valuation of the property accompanied by a report. It is the surveyor’s responsibility to ensure all information in their report is accurate. Any mistakes could lead to potential surveyor negligence claims.
Types of claims against surveyors
A competent surveyor should be able to carry out a thorough property survey with details of any issues to address, for example, damp in a residential property. You may be able to make a compensation claim if the surveyor fails to:
- Value the property accurately: If the building is overvalued, this may cause issues with potential buyers. If it is undervalued, the seller could incur a financial loss.
- Adhere to their duty of care: This is between the building surveyor and the claimant (such as a homeowner selling a residential property). If they breach their duty, for example, failing to help clients with buyer-seller dispute resolution, then there could be grounds to claim.
- Report defects: To avoid professional negligence claims, the surveyor must flag any safety issues such as flood risks in their property survey.
Can I make a surveyor negligence claim?
You could legally claim surveyor negligence if:
- You lose money: If the valuer over or undervalues your property, you may incur financial losses.
- You find defects after the surveyor’s report: If you’re buying a property and were not made aware of safety issues, this could be dangerous or lead to financial losses, such as renovations.
- You feel your surveyor has neglected their duty of care: If you feel they have breached their contract with you, for example, outsourcing property valuations to untrained staff, this could be grounds to make a professional negligence claim.
These types of malpractice could impact your finances and wellbeing, whether you’re buying or selling. Our professional negligence solicitors will advise you on whether or not you can claim.
How to make a surveyor negligence claim
To make a claim for surveyor’s negligence, you’ll need to be able to prove that you have incurred a loss. For example, you may have lost money due to your property being undervalued. Then you can start the claims process, which involves:
Fill out a 60-second claim form: Here you can give us the details of your case, as well as your personal data to arrange a call back. Choose ‘professional negligence’ on the enquiry form.
One of our surveyor’s negligence claims solicitors will assess your claim to see if you can take legal action. If your case is sensitive, feel free to call us first on 0330 314 1300.
If our legal team feels you have a case, we’ll ask for more details. For example, we may ask for paperwork relating to the homebuyer’s report, as well as receipts for any expenses you’ve incurred. If there is damage from unreported defects, photographs may be useful too. Our negligence lawyers will let you know what kind of evidence to provide based on your case.
Our surveyor negligence claims solicitors will send a ‘Letter of Claim’ to your surveyor’s insurer. If the claim is successful, it could be settled as quickly as within three to six months. If there are further legal disputes, please note your case could take 18 months to settle.
Once your surveyor negligence claim is settled, you’ll be awarded compensation minus our legal fees. Depending on the fee agreement, you may only pay if we win. This is known as ‘no win, no fee’.
Do I need a solicitor in claims against surveyors
Our professional negligence claims solicitors are here to help you throughout every step of your claims process. This starts with assessing your case, helping you to gather evidence to build the strongest claim possible.
We’ll also let you know how much your claim is worth based on your individual circumstances. But the most important part of our legal services are to provide advice. Without proper legal advice, you could face extra fees or lose your case altogether.
Conveyancing is a highly complex legal field with strict regulatory considerations. That’s why you should always choose a law firm with SRA-approved solicitors, ready to help you from start to finish. To get started, all you need to do is fill out an enquiry form, and we’ll let you know if we think you have a case.
Negligence surveyor claim success story
In one landmark example of surveyor negligence claims, we were able to win £33,000 in compensation for our client. When a homebuyer commissioned a report with a surveyor, only to discover a critical oversight, he lost considerable sums in renovations.
The surveyor failed to note that the property’s windows could not open, which led the claimant to pay more for the house than he should have. Our solicitors sent a Letter of Claim and successfully negotiated a £33,000 pay-out.
Potential consequences for surveyors
If a surveyor fails to carry out their duty of care, they could face legal action, leading to long-term effects. These include:
- Financial losses from surveyor negligence claims
- Damage to their reputation and potential loss of business
- Loss of their licence to practise, in more extreme circumstances.
Just as our negligence teams are regulated by the Solicitors’ Regulation Authority (SRA), surveyors must adhere to professional standards. Failure to do so could result in large legal claims, loss of business and even personal injury if safety is overlooked.
Preventing claims against surveyors
Surveyors can prevent legal action by adhering to the standards of the Royal Institution of Chartered Surveyors. This includes accuracy and attention to detail throughout their work, including identifying defects and providing correct property valuations.
Valuer negligence could be caused by failure to spot safety issues, or things that could affect the long-term value of a property, such as damp. In some cases, poor record-keeping could lead to legal claims – such as a surveyor spotting a defect but failing to note it in their survey report.
Surveyors must conduct themselves professionally and work with trained teams to carry out their work safely.
Who pays compensation in surveyor negligence claims?
Professional Indemnity Insurance offers financial protection for surveyors in the event of a negligence claim. It is available to any profession that gives out knowledge, skills or advice, and regulated trades make it a legal requirement.
Chartered Surveyors are regulated by the Royal Institution of Chartered Surveyors (RICS). The RICS says that surveyors should have cover depending on the annual income of their firm:
- £100,000 or less: £250,000
- £100,001 to £200,000: £500,000
- More than £200,000: £1,000,000.
When our professional negligence solicitors make a claim, they do so against the surveyor’s Professional Indemnity insurer. This protects the firm from financial losses as they are paid by the insurer.
Statistics on negligence claims against surveyors
Statistics from the SRA show the true cost of surveyor negligence claims. Between the periods of 2004 and 2014, Professional Indemnity insurers have paid out £2 billion to those claiming against surveyors. In 2021, professional negligence claims, including conveyancing, rose by 289% compared to 2020.
The two biggest pay-outs were for commercial and residential conveyancing, peaking at £6,367,000 and £5,896,000 respectively. On average, claims for commercial properties were £139,000, while residential property claims average £57,000.
How to claim surveyor negligence compensation
When making a claim against surveyors, you need to be able to prove that you suffered a financial loss. Our surveyor negligence solicitors can help you to gather evidence to prove this, for example, reports of structural damage.
There’s no one set amount for how much you can claim. Rather, our teams will look at ‘damages’, otherwise known as the money you may have lost due to surveyor negligence. This could include the difference in value for an inaccurately valued property, or costs for repairs.
If there have been any other damages, such as personal injury from unsafe properties or even emotional distress, we can factor this in too.
The role of the Royal Institute of Chartered Surveyors
The Royal Institute of Chartered Surveyors was founded in London in 1868 to set the standards for land, property and construction. Within its quality and ethical standards are 160 specialities, including waste management, construction and valuations.
This leading professional body protects both tradespersons and customers, ensuring that surveys are carried out to high standards. It also states that surveyors must have Professional Indemnity Insurance to offer financial protection during legal disputes.
Your rights in surveyor negligence claims
Clients have a right to expect a duty of care between themselves and their chosen surveyor. This means the surveyor must adhere to high standards of assessing properties and reporting defects, as well as working with third parties and providing valuations.
If a client feels that they have not been treated fairly, they may be entitled to make a professional negligence claim. They should be able to demonstrate financial loss (such as renovations) and have proof that their surveyor failed in their duty of care (for example, missing defects).
Our trained surveyor negligence solicitors can let you know whether or not you have a case, at no cost to you. Simply fill out our 60-second form to get started.
Surveyor professional negligence FAQ
A success story
Why should I claim with Truth Legal?
Professional negligence claims against surveyors can be complicated, particularly when it comes to establishing that a surveyor’s conduct has fallen below the required standards.
Truth Legal’s specialist professional negligence solicitors can help you to overcome these challenges. We will handle your claim with skill, care, and tenacity, so that you have the best possible chances of holding your surveyor accountable and recovering compensation.
We offer:
- A free initial consultation – to discuss your circumstances.
- Specialist technical knowledge and experience – so you can rest assured that your case is in the best hands.
- Practical advice – tailored to your situation.
- Strong representation – fighting for the compensation and outcome you deserve.
- Support and compassion – friendly, knowledgeable professionals on your side through a difficult time.