Problems not identified in the survey - do I have any rights?

Tracet74

Unfortunately, surveyors are not bathroom fitters so would not know if a bath has been correctly installed or not.  They should have picked up on the damage to the ceiling and tested for damp in that area.  It might be worth asking if they did test and, if so, did it record any high readings.  Have a reread of Section F2 as that may highlight the problem.

greatcrested

My guess is that the surveyor did what he could be expected to do by highighting poor workmanship, /deterioration in the bathroom, requiring remedial work in the 'short to medium term'.

It was clear from the survey that you needed to do remedial work (or possibly a bathroom re-fit).

Now you could argue that there are specific issues which the surveyor should have highlighted. If you want o pursue this, you'llneed to first contact the surveyor, then raise a formal complaint. If that fails to give you the result you seek (compensation for the cost of remedial work?), you could escalate further but would at that point need a 2nd profession opinion to support you (another RICS surveyor). Of course, if in the meantime you have undertaken any remedial work yourself (or paid a contractor to do it) the next surveyor will be unable to tell what the 1st surveyor could or could not have seen or be expected to report on, so if you anticipate going this far, you need to pay for the 2nd opinion now, before any work is done.

tom9980

Your wasting your time in my opinion just spend the time, stress and hassle on fixing it because frankly I think you are wrong the surveyor highlighted issues and you failed to have them checked out further. It is not in their remit to remove anything to check to the extent you have now.

Hannimal

Tracet74 said:

Unfortunately, surveyors are not bathroom fitters so would not know if a bath has been correctly installed or not.  They should have picked up on the damage to the ceiling and tested for damp in that area.  It might be worth asking if they did test and, if so, did it record any high readings.  Have a reread of Section F2 as that may highlight the problem.

Thank you, this is helpful. it says:
"I have checked the internal walls and other surfaces with a damp meter, where fixtures, fittings, furniture and other items allowed."

There is only one mention of a high reading and it is in the roof space. That is probably a good sign and means there is no damp below the bath, although the water damage to the ceiling plaster is not mentioned anywhere.

Hannimal

tom9980 said:

Your wasting your time in my opinion just spend the time, stress and hassle on fixing it because frankly I think you are wrong the surveyor highlighted issues and you failed to have them checked out further. It is not in their remit to remove anything to check to the extent you have now.

These things are not mutually exclusive. I am having my bathroom designed tomorrow and a new one fitted in 3 weeks time. I am also trying to find out if the survey was done to a reasonable standard. It seems that it was and as I was always going to fit a new bathroom anyway (just wasn't planning to do it within a year) there is little else I need to do. It has wasted absolutely none of my time to ask about this here and I've gotten excellent advise. 

And as I said before and hate to re-iterate, for someone who knows anything about bathrooms and leaks, nothing needed to be removed to tell that water has gone through the floor and ceiling below. All the signs were clearly visible for anyone with a trained eye. For me they were only clear after the leak because I have never in my life dealt with a leak before and have absolutely no skills in anything like this. This is why I instructed a surveyor. I still believe a competent surveyor would have said in the survey that water will leak through the floor or is likely to leak through the floor. 

Hannimal

greatcrested said:

It was clear from the survey that you needed to do remedial work (or possibly a bathroom re-fit).

I disagree that the survey suggested a bathroom re-fit. It specifically mentioned seals around bath, bath screen and laminate floors needing some TLC. There was absolutely nothing in the survey to suggest that an entire bathroom re-fit should be needed. I also do not think that it is needed, a new bathtub however is necessary. I am getting it all re-done as it looks dated but most of the work I'm getting is cosmetic.

greatcrested

It was clear from the survey that you needed to do remedial work (or possibly a bathroom re-fit).

Hannimal said:

greatcrested said:

It was clear from the survey that you needed to do remedial work (or possibly a bathroom re-fit).

I disagree that the survey suggested a bathroom re-fit. It specifically mentioned seals around bath, bath screen and laminate floors needing some TLC. There was absolutely nothing in the survey to suggest that an entire bathroom re-fit should be needed. I also do not think that it is needed, a new bathtub however is necessary. I am getting it all re-done as it looks dated but most of the work I'm getting is cosmetic.

My poor wording. I meant that the survey identified remedial work was required and that (in bracketes!) you might therefore choose to do a refit - not that the survey recommended a refit.

And it seems indeed that that is the case.

I was always going to fit a new bathroom anyway (just wasn't planning to do it within a year)

Given that plan, plus the identified issues, you should simply go ahead with geting your new home the way you want it. The bathroom re-fit will sort out any leaks or poor seals - sorted. Without stress.

Hannimal

greatcrested said:

Given that plan, plus the identified issues, you should simply go ahead with geting your new home the way you want it. The bathroom re-fit will sort out any leaks or poor seals - sorted. Without stress.

Aye, this is what I will do and I'll try not to lose sleep over it even if it means spending some money i don't have yet. I am still able to get the work done and the bonus is I'll get the bathroom I wan't sooner. There are bigger worried in life and largely I just wanted to check as to me it still sounds like a dodgy job from the surveyor - even if it doesn't mean I can complain about them.