Problems missed on Building Survey

Jd843

Hi

I had a Building Survey done on my house before buying it.  It didn't flag any significant issues, and said very strongly that there were no signs of significant structural movement.  Less than a month after moving in, it turned out there were signs of structural movement in a couple of places (cracks), so I got back in touch with the surveyor.  

So what I think should have happened is:

• Survey says "x and y could be caused by structural movement - get a structural engineer"
• We instruct structural engineer
• Renegotiate house price

But what happened is

• Survey didn't mention the signs of movement
• I told surveyor this after moving in
• I instructed structural engineer who has outlined what the problems are and how to fix them (expensive!!)

The surveyor is aware of the above, but is taking forever to reply to my emails, and I'm beginning to get the feeling that he is going to try to get out of it somehow. Obviously I would like the repair costs covered by his insurance, which I have told him.  If he does deny fault, what are my options?  I feel like I've got a good case since the survey didn't even mention the cracks, never mind recommend further investigation. But, if the surveyor doesn't cooperate, who do I go to next?

davidmcn

You've said they reported there "no signs of significant structural movement". So what exactly did they say about any structural movement?

Are the problems something which ought to have been spotted within the parameters of the survey? If you want evidence of that, you'd need an expert opinion i.e. another surveyor to have a look and provide their report on what a competent surveyor ought to have told you.

Jd843

davidmcn said:

You've said they reported there "no signs of significant structural movement". So what exactly did they say about any structural movement?

Are the problems something which ought to have been spotted within the parameters of the survey? If you want evidence of that, you'd need an expert opinion i.e. another surveyor to have a look and provide their report on what a competent surveyor ought to have told you.

On the first point - he said there was a minor crack at the back of the house that just needed pointing up.  

Your second question - I'd have thought so, the problems won't have been hidden (e.g. by furniture) during the survey if that's what you mean. 

Redwino222

cracks aren’t necessarily a sign of significant structural movement so, like others have said, you will need evidence before you go into battle.

does your house insurance cover you for legal issues, check and see if it would cover this (although I assume the survey was undertaken before the insurance was in place).

the surveyors insurance company will need to be clear that the surveyor missed something, the something he or she missed was an indicator of significant movement and there actually is a structural problem at your house.

the surveyor is probably taking a while to come back because he is getting legal advice

Jd843

Redwino222 said:

cracks aren’t necessarily a sign of significant structural movement so, like others have said, you will need evidence before you go into battle.

does your house insurance cover you for legal issues, check and see if it would cover this (although I assume the survey was undertaken before the insurance was in place).

the surveyors insurance company will need to be clear that the surveyor missed something, the something he or she missed was an indicator of significant movement and there actually is a structural problem at your house.

the surveyor is probably taking a while to come back because he is getting legal advice

Yes I understand they aren't always a sign of structural movement, but sometimes they are.  So I'd have thought that, if he wanted to cover himself, he'd have mentioned them and recommended getting them investigated to make sure.  

EDIT: when I first contacted him, he said he noted one of the cracks in his "notes" from the survey.  If that's the case, I have no idea why he wouldn't have put that in the final report.

dj1471

It sounds like you have no evidence of structural movement at all, you’ve just noticed some cracks that would have been visible to you during viewings. If they were of concern you should have asked your surveyor about them specifically.

The surveyor thought they weren’t worth mentioning, there’s nothing yet to suggest that this is incorrect, especially if they’re readily apparent and require nothing more than routine maintenance.

Jd843

dj1471 said:

It sounds like you have no evidence of structural movement at all, you’ve just noticed some cracks that would have been visible to you during viewings. If they were of concern you should have asked your surveyor about them specifically.

The surveyor thought they weren’t worth mentioning, there’s nothing yet to suggest that this is incorrect, especially if they’re readily apparent and require nothing more than routine maintenance.

It was actually my builder that noticed them, and said they looked structural.  This has been confirmed by a structural engineer, and the repairs needed are more than routine maintenance unfortunately.

FreeBear

How large are these cracks (width & length) and their relationship to foundations and/or window/door openings ?

Are these cracks just in the mortar joints or do they propagate through bricks ?