Negligent surveyor - please advise

krestaoscar

Hello all

I've been a long-time lurker here but this is my first post. I've read a lot of threads on here about the Homebuyer's survey, that it's not worth the paper it's written on, that they over-egg any issues to cover themselves, etc, but our situation is quite the reverse.

Our surveyor failed to notice or mention that the garage roof had been changed from flat (like every other one on the estate) to double-pitched and the excess weight has caused the walls to bow out, back and front. There are serious cracks both sides of the lintels over the garage door and rear window, additionally the rear bowing is so severe that the concrete lintel over the rear access door is actually contacting the corner of the frame of the dining room window.

The roof construction is totally inadequate, the main beam supporting the apex being only 1" thick and visibly bowed/twisted. How any competent surveyor could fail to spot this is beyond me, yet all the survey reported was:

"The ridge line to the apex of the garage roof is uneven, and as a precautionary measure, further collar supports should be provided to the rafters in order to provide additional bracing to the existing roof structure." This was given a category 2, i.e. not urgent or serious.

We had planned to convert the garage into living space, for which building regs would be required, yet I'm sure that if building control saw the current state of the garage, and in absence of any consent to convert the roof from flat to double-pitched, it would probably be condemned.

The upshot is that we've been told that the rear wall requires replacement down to window-sill level and the roof needs replacing. The cost for this work has been estimated at £4,500.

We don't feel the surveyor has done his job and advised us that this work would be required to make the garage safe. We wouldn't have purchased the house for the asking price had we been properly informed of the garage's condition.

We have submitted a complaint to the surveyors and are waiting for their reply (the complaint has been acknowledged).

What are our chances of recovering the survey costs in light of these issues? I personally feel that we should be compensated for the unforeseen expense but I realize there's precious little chance of that happening. We have sought legal advice who told us that we'd have to go through the small claims court, which would be additional expense without any guarantee that we'd win.

Has anyone any experience of a situation similar to ours? Am I being unreasonable in feeling let down and mad as hell?

I've load of photos of the problem on photobucket but I can't post links here yet.

Many thanks

Oscar

G_M

I assume you had a proper survey report? Not just a mortgage Valuation.

How long ago was the survey done? If a long time it raises the possibility that the problem arose or became apparant after the survey, so could not have been spotted at that time.

You may need a 2nd surveyor's report (just on the garage) so you can refer to a professional opinion on the state of the roof, but assuming you are right, then you should claim your consequential loss ie the cost of putting right the problem Not the cost of the survey (though the firm may refund this as a goodwill gesture).

If you get your consequential loss reimbursed, you will be back in the same position you would have been in (financially) had you paid for a survey which did what it should have done.

See also

http://www.rics.org/uk/regulation1/complaints1/

Chanes

Have you read the disclaimer that prefaces the survey? I can't remember exactly how it is worded but it was slippery to say the least.

I really feel for you, we put faith in these people because we hope to avoid exactly what appears to have happened to you and when we've been let down and there's thousands needing to be spent it really does hurt. I know that this is just a tea and sympathy reply.

I don't know of any successful legal proceedings against a surveyor however, there could have been many but they included a gagging order and so it is never repeated?

Mossfarr

If you don't get a reasonable offer of compensation from your surveyor I would definitely report them to the professional organisation they will be registered with.
I think you need to seek legal advice, a poster on similar thread suggested free legal cover on your buildings insurance - you should check this out. Your buildings insurance may cover the repairs anyway!
If you were going to convert the garage you would probably have found you needed to rebuild anyway, garages are often unsuitable for conversion as they often do not meet building regs for accommodation.
mossfarr

phill99

Mossfarr wrote: »

Your buildings insurance may cover the repairs anyway!

Rubbish. Buildings Insurance is for perils, not to cover bad specufications or poor workmanship


If you were going to convert the garage you would probably have found you needed to rebuild anyway, garages are often unsuitable for conversion as they often do not meet building regs for accommodation.

More rubbush. I have converted three single skin garages into living accommodation with full Building Regulation Aporoval.
mossfarr

It's always reasuring when people comment on subjects which they know nothing about.

Davesnave

Mossfarr wrote: »

If you were going to convert the garage you would probably have found you needed to rebuild anyway, garages are often unsuitable for conversion as they often do not meet building regs for accommodation.
mossfarr

No, they don't meet building regs, but a brick built garage isn't so very hard to convert to meet the relevant standards for heat retention and damp resistance, particularly if it has already been given an adequate pitched roof, which this one hasn't.

We've just converted ours, and it was definitely much cheaper than demolish & re-build.

OP has been put at a significant disadvantage in this respect.

Chanes

phill99 wrote: »

It's always reasuring when people comment on subjects which they know nothing about.

Wow, Phil, that reply was a bit blistering! I'd hate to catch you on a bad day! :eek:

sumaira1

Please don't make reply if you don't have any idea about taht particular topic, because in this way you are misguided to us.

krestaoscar

Hi all and thank you all for your replies.

Regarding the comment:

"Have you read the disclaimer that prefaces the survey?"

- there isn't one; all the "Introduction" does is re-state the standard terms of engagement listed at the back of the RICS document. The only pertinent point was item 6; "Liability - the report is provided for your use and the surveyor cannot accept responsibility if it is used or relied upon by anyone else." Also, it states that the survey is to be provided by an AssocRICS, MRICS or FRICS who has the "skills, knowledge and experience to survey, value and report on the property."

In other words, they ARE liable to me for what they have - or haven't - told me and have failed to meet the terms of their contract as all the problems I've noted with the garage walls are visible from ground level without even entering the garage and he surveyor clearly entered as he noted the lack of support within the roof.

Regarding building insurance legal cover, I've already been through this tussle with my insurer and they're basically not interested as they don't think they'd win a case.

The survey was a Homebuyer report, conducted on 3rd December 2014. We moved on 6th February 2015, delayed entirely due to the seller working off-shore and not replying to communications. The level of movement in the walls is such that the only way it could not have been present in December is if it was due to subsidence, which it definitely isn't. In particular, I noticed that the back outside corner of the garage wall was curving outwards at the top shortly after we moved in. I regret now that, due to a death in the family and the rotten floor referenced in another thread, I didn't investigate further then.

Regarding the conversion, I researched the feasibility of this fully before we even offered on the house and we calculated that we'd have the funds to do it after trading up and buying new furniture etc. What we didn't bargain on was another 5 grand just to stand still.

I wish I could post the photos so you could see how bad the construction actually is. The surveyor gave no mention to the fact that the roof and gable end are not original, despite there being a blindingly obvious black line of tar over 2 courses of bricks on the house wall where the original flat roof was, plus the original flat roof timbers which are several courses below the current roof's sole-plate, i.e. not remotely part of the current structure.

Thanks again for all your replies. Does anyone have any recommendation for a trustworthy firm of surveyors to re-survey the garage?

Cheers
Oscar

krestaoscar

Hi All

I can't post links, but if you paste this into a browser it should take you to my photobucket stream:

s1029.photobucket.com/user/krestaoscar/media/IMG_1171_zpsfs0rfkaa.jpg.html?o=22

Cheers
Oscar

krestaoscar

Update: This morning I got an email from the surveyors' regional director who has been asked to investigate the complaint. I've left a message and will ring again before close of business to arrange re-surveying of the garage. Depending on how that proceeds, I'll make inquiries for getting a structural survey done of our own.

Cheers
Oscar