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Suing chartered surveyor possibly?
garnelle
Posts: 24 Forumite
Thoughts appreciated.
Purchased a house (in England), for cash, at the end of March 2021. Due to Covid unable to view so had a chartered surveyor carry out a 'homebuyers survey'.
Report mentioned/highlighted no issues beyond general need for decorative works where required..
Upon moving into the property I discovered that the stairs seemed very steep. Also they are difficult to use due to the small size of the treads.
Within the report was a description of the stairs as having " a pine handrail and spindles possibly needing redecoration".
Having researched the relevant building regulations both the angle of pitch and tread dimensions do not comply by some margin.
I would like to replace the stairs with some that are more usable/safer ie shallower angle and larger treads that will comply with current building regulations.
Currently I have three questions:
1) Do you think I would have any claim against the surveyor for the cost of the rectification work I plan to carry out.
2) Would you think a 'No win no fee' solicitor would be a better route to pursue rather than Money Claim Online?
3) Do you think that this issue could be problematic when I sell the property in the future.
The approximate cost of rectification I estimate to be £10,000.
Many thanks for your thoughts/suggestions.
Purchased a house (in England), for cash, at the end of March 2021. Due to Covid unable to view so had a chartered surveyor carry out a 'homebuyers survey'.
Report mentioned/highlighted no issues beyond general need for decorative works where required..
Upon moving into the property I discovered that the stairs seemed very steep. Also they are difficult to use due to the small size of the treads.
Within the report was a description of the stairs as having " a pine handrail and spindles possibly needing redecoration".
Having researched the relevant building regulations both the angle of pitch and tread dimensions do not comply by some margin.
I would like to replace the stairs with some that are more usable/safer ie shallower angle and larger treads that will comply with current building regulations.
Currently I have three questions:
1) Do you think I would have any claim against the surveyor for the cost of the rectification work I plan to carry out.
2) Would you think a 'No win no fee' solicitor would be a better route to pursue rather than Money Claim Online?
3) Do you think that this issue could be problematic when I sell the property in the future.
The approximate cost of rectification I estimate to be £10,000.
Many thanks for your thoughts/suggestions.
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Comments
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Many staircases in older houses will not comply with current building regs and many are steep. There is no law which says non compliant staircases must be made compliant.
Unless you specifically asked the surveyor to check the tread and rise of the staircase, I see this going absolutely nowhere.If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales12 -
No.garnelle said:
1) Do you think I would have any claim against the surveyor for the cost of the rectification work I plan to carry out.
Not applicable, as you don't have a claim via either route.2) Would you think a 'No win no fee' solicitor would be a better route to pursue rather than Money Claim Online?
Depends how oddly-proportioned the stairs are.3) Do you think that this issue could be problematic when I sell the property in the future.
What makes you think the stairs ought to comply with current building regulations? When were they installed?4 -
How old is the property? An old property doesn't have to comply with current regulations. If so I'm sure most of the housing stock would fail.1
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You bought a house without viewing it? I presumbe you were sheilding but even then - you bought a house without viewing it!
Most older houses, esp terraced houses will have narrow steep stairs. Would have been compliant according to building regulations at the time of it being built, but does not mean it needs to meet current standards (we'd end up knocking down most buildings in the country otherwise).5 -
You were able to, but chose not to.garnelle said:Purchased a house (in England), for cash, at the end of March 2021. Due to Covid unable to view
Property viewings have continued throughout the pandemic.so had a chartered surveyor carry out a 'homebuyers survey'.
And...?
Report mentioned/highlighted no issues beyond general need for decorative works where required..
Upon moving into the property I discovered that the stairs seemed very steep. Also they are difficult to use due to the small size of the treads.
The whole point of a survey is to make a buyer aware of issues with the condition of the property that might not be apparent to a layman on their own viewing. It is not to take the place of a viewing.Within the report was a description of the stairs as having " a pine handrail and spindles possibly needing redecoration".
Is that incorrect?Having researched the relevant building regulations both the angle of pitch and tread dimensions do not comply by some margin.
Nor do they have to.
Only the regs that were in force at the time they were constructed, assuming they don't simply pre-date BR altogether.
If they did not comply, then the local authority would have had a very limited time - a year - to enforce the failure to comply.
When were they installed?I would like to replace the stairs with some that are more usable/safer ie shallower angle and larger treads that will comply with current building regulations.
As they would need to, yes.Currently I have three questions:
Nope.
1) Do you think I would have any claim against the surveyor for the cost of the rectification work I plan to carry out.2) Would you think a 'No win no fee' solicitor would be a better route to pursue rather than Money Claim Online?
Nope.3) Do you think that this issue could be problematic when I sell the property in the future.
Nope.The approximate cost of rectification I estimate to be £10,000.
No "rectification" is needed. You may wish to replace, but that's different.
There is no fault - only something that you don't like, which you would have known about if you'd bothered to view.7 -
What were your instructions to the surveyor? Was he aware that you would not be viewing prior to purchase?No reliance should be placed on the above! Absolutely none, do you hear?0
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Did you genuinely buy a house without viewing it? The Covid restrictions thing makes no logical sense - if the surveyor could go in then surely you could go in.
Older properties can have very steep stairs. I viewed one and ruled it out because of this. If you have the space to install stairs that comply with current standards then that is up to you to pay for. The surveyor correctly highlighted no issues, the stairs were in good condition, the surveyor cannot be expected to know that you would want to replace them and most certainly should not be paying the cost for you.0 -
Bear in mind that shallower stairs will use up more floor space. So, you may be spending £10k to reduce the value of your house.No reliance should be placed on the above! Absolutely none, do you hear?0
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I replaced my stairs a few years ago and the cost of the actual staircase was £1400. I’m not convinced labour and redecorating would be nearly £8k so have a look at your costings.1
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Unless you were abroad and/or have a medical condition and/or another completely understandable reason that I cannot think of right now, there was no reason why you could not view the house you bought.
Unless you were abroad and/or have a medical condition and/or another completely understandable reason that I cannot think of right now, the only person you should be suing is yourself.
My last rental had very steep stairs (built at least 60 years ago if not more). You get used to them after a while.Nothing is foolproof to a talented fool.0
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