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Survey failed to find major fault. What can I do?

I bought a buy to let a couple of years back and opted for the more detailed survey just to be cautious. The survey failed to find that part of an external wall (downstairs too, therefore retaining the house's structure) had been taken away when a lean-to outbuilding was erected. This is going to cost a fortune, but had the survey made me aware (as is the purpose of a survey, or so I thought) I would never had bought the house. Can I hold the surveyor accountable for some of the cost, I wonder? It only seems fair. Thanks

Comments

  • I_have_spoken
    I_have_spoken Posts: 5,051 Forumite
    edited 14 December 2013 at 5:07PM
    opted for the more detailed survey

    What exactly was the survey you paid for?
    a couple of years back

    A lot can happen in two years, I expect any survey will time limited

    You've been as unlucky as Angi3_88...:think:
  • In theory surveyors have liability insurance for just this sort of eventuality. So you could try to sue them. It could be pricey though and time consuming, and I would hazard a guess that if you read the survey carefully they may have covered themselves by saying something like "we recommend you instruct a structural engineer to provide a report on the lean to" or something similar.

    I generally don't rely on surveys these days, opting instead for a walk round with an experienced builder. Sometimes they'll do it for free if there's work in it for them, or sometimes for a small fee.
    I'm not a lawyer, so this is just my opinion. Don't go acting on legal advice you get from a stranger on the internet!
  • Contact the surveyor and explain the situation. Invite him to come and see the issue and to discuss his report.

    Be polite; no need for guns blazing yet.

    The surveyor may accept some responsibility and offer to assist through his insurance.

    If he doesn't, then it's time to ramp up the pressure.

    Incidentally that which may seem a fortune, indeed, is a fortune to the average homeowner, is the very sort of thing surveyors have multi-lillion pound insurance cover for, so you may get lucky.

    Although I still think surveys are a nice little earner with quite a bit of bum-covering written in. That's why gordonbennet's way is probably best.
    Mornië utulië
  • googler
    googler Posts: 16,103 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    I' m afraid I don't see the problem. Surely some part of the external wall would have to be sacrificed to make a doorway or passageway into the lean-to, else what's the point of it? External storage?

    What would have suggested that the lean-to hadn't been constructed properly (if indeed, this is what you are suggesting)?
  • googler wrote: »
    I' m afraid I don't see the problem. Surely some part of the external wall would have to be sacrificed to make a doorway or passageway into the lean-to, else what's the point of it? External storage?

    What would have suggested that the lean-to hadn't been constructed properly (if indeed, this is what you are suggesting)?

    The OP can clarify the circs but don't you think a surveyor getting paid upwards of a grand ought to know a thing or two about construction and whether it is sound?
    Mornië utulië
  • googler
    googler Posts: 16,103 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    The OP can clarify the circs but don't you think a surveyor getting paid upwards of a grand ought to know a thing or two about construction and whether it is sound?

    The OP hasn't actually stated it's unsound, merely that part of the wall was removed, as though this is the problem.

    Await further info.
  • googler wrote: »
    The OP hasn't actually stated it's unsound, merely that part of the wall was removed, as though this is the problem.

    The OP has clearly stated that they believe the wall to be a retaining wall. If so, it is certainly something you should be able to rely on a surveyor to spot.
    I'm not a lawyer, so this is just my opinion. Don't go acting on legal advice you get from a stranger on the internet!
  • eddddy
    eddddy Posts: 18,293 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 15 December 2013 at 12:44AM
    hi Amandaweeks

    When the section of wall was removed, a joist would have been used to support the weight above - and that should have been inspected for building regs approval.

    And then your solicitor should have checked that any work done by the vendor had building regs approval.

    Why do you think there is a problem? Have some cracks appeared?

    If, for example, an undersized joist was used (and for some reason the building inspector didn't notice), once it's plastered over, a surveyor could not know this - unless some cracks started to appear.

    If the vendor had the work done (with or without building regs approval), and then failed to mention it on the property information form, you may be able to pursue the vendor for damages.

    (Finally, it is almost certainly a 'load bearing wall' but not a 'retaining wall')
  • The OP has clearly stated that they believe the wall to be a retaining wall. If so, it is certainly something you should be able to rely on a surveyor to spot.

    No they didn't, the op states:
    The survey failed to find that part of an external wall (downstairs too, therefore retaining the house's structure
    Not a retaining wall at all.

    For anyone to offer advice the op needs to tells us what is wrong and why its taken 2 years to discover the problem.
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