THE EXPRESS
WEDNESDAY 30 JUNE 1999MONEY SECTION
COSTLY NEW CODE CANT STOP THE ROT IN SURVEYS
By Rachel Baird
JUST two people have used a new arbitration scheme for surveyors since
it started last September, raising fears that high charges are deterring householders from
seeking redress.
Some 200,000 homebuyers commission surveys annually and roughly
1 per cent about 2,00 people a year have in the past complained to the Royal
Institution of Chartered Surveyors (RICS). But last year the RICS told its members to set
up their own complaints systems and established a new scheme run by the Chartered
Institute of Arbitrators.
Taking a complaint to arbitration costs a registration fee of £250,
which you get back if you win. But if you lose a claim for between £3,000 and £50,000
you are likely also to have to pay the arbitrators costs of up to £1,125 as well as
the surveyors complaint fee of £235 and in some cases VAT. The total cost of an
unsuccessful claim for as little as £3,100 could be more than £1,500.
Which? magazine has called for the arbitration schemes charges to
be scrapped. It has also said the scheme should be replaced by an ombudsman who covers all
surveyors, not just RICS members.
A spokesman for RICS points out that the arbitration scheme applies
only to surveys done since last September and that some complaints will not yet have
reached it. He also argues that the low number of complaints to arbitrators may indicate
that firms own efforts are working well. "If the complaints system is free then
some people will abuse it. There are cases of people driving firms to distraction,"
he added. But RICS will review the arbitration scheme if it proves not to be working.
How a complaint is handled is more important, as surveyors sometimes
miss problems which youve paid them handsomely to uncover. Recent research by Which?
found that of eight firms tested all missed problems they should have found. Some
surveyors also overlooked significant hazards such as asbestos gutters and ceiling stains
which suggested rotting.
WHICH? has also pointed out that too many surveyors contracts
limit their liability to buyers or recommend unnecessary specialist reports. The RICS
members Homebuyers Report for example, says the surveyor may identify
"significant matters requiring further investigation where essential (e.g. suspected
subsidence) for which the client should obtain (and may have to pay for) reports and
quotations from suitable contractors".
In other words, if the surveyor finds something nasty, he may well pass
you on to another "expert" at additional cost. The RICS Homebuyers Report
also says the surveyor will not move furniture or floor coverings and will not test a
propertys electrical, gas, plumbing, heating or drains.
But despite these problems it is almost certainly worth getting your
own Homebuyers Report or full Building Survey. It reduces the risk of you buying a
property needing expensive repairs or which is so structurally unsound that it will be
hard to sell. It may also help you persuade the seller to accept a lower price for the
property.
Roy Illott, a Chartered Surveyor in Epsom, Surrey, recalls a house in
which the owner had removed the chimney breast at the back of the property a
reasonably common alteration leaving an unsupported chimney at roof height.
"At the back of was a huge lump of brick work which might have been perched on a four
and a half inch brick wall. It could have made the back wall of the house collapse,"
he said. Understandably the prospective buyer pulled out.
Howard Jenkins, a Chartered Surveyor in Southampton, says other nasties
which should be picked up by a survey include slate roofs repaired with a foam-like
substance which speeds up their disintegration, badly fitted replacement windows which let
in rain, cavity wall insulation in places where it causes damp to penetrate the wall and
damp courses which have been covered with soil, leading to dry rot in the ground floor.
Leaseholders who live in a building whose common parts need repairs
could also be landed with large bills from the freeholder. And perceived hazards in the
area near the property such as telephone masts and even genetically modified crops
could also affect its value. A decent surveyor will point all of this out.
Geoff Holden, a Chartered Surveyor in Brighton, said "People spend very little
time in houses before they buy them and when they are there they focus on the attractions.
Surveyors are looking for the negative things. If we find them, people can sometimes
renegotiate the price or just decide not to buy".