What is surveyor negligence?
Surveyor negligence occurs when a surveyor fails to perform their duties to the expected professional standard, resulting in financial loss or other harm. This can include incorrect property valuations, missed structural defects, or inadequate surveys.
Can you sue a surveyor for negligence?
Yes, you can sue a surveyor for negligence if they fail to perform their duties to the expected professional standard, resulting in financial loss or other harm. To sue for negligence, you must prove that the surveyor owed you a duty of care, breached this duty, and caused you financial loss as a direct result of this breach.
Survey mistakes
Professional surveyors who are negligent could be held accountable and a claim made against them, especially if their actions have devalued the property; but, the compensation may not cover the cost of rectifying the problem. Instead courts may only award damages equivalent to the difference in value between the property in the defective state and the value as if the defect did not exist. This is called the diminution in value.
To establish whether there has been a diminution in value, you will need to obtain an independent expert surveyor’s report to confirm this. You should choose this expert carefully. Our professional negligence team have contacts with surveyors across the UK, who are experienced in dealing with this kind of case.
It is important to note that surveyor negligence cases that go to court, will be given a margin of error which may determine the outcome of the case. Therefore, before you consider issuing proceedings we would recommend that you speak to one of our negligence claims team on 01616 966 229.
What are common examples of surveyor negligence?
Common examples of surveyor negligence include inaccurate property valuations, failure to identify structural problems, overlooking planning restrictions, and providing incomplete or misleading survey reports. These errors can lead to financial loss, additional repair costs, or legal complications for property owners.
Surveyor negligence can occur in various ways, impacting property transactions and leading to significant financial and legal issues. Common examples include:
Inaccurate property valuations:
- Overvaluing or undervaluing property can affect mortgage approvals and investment decisions.
- Misleading valuations can result in buyers paying more than the property’s actual worth or sellers losing potential profits.
Failure to identify structural problems:
- Missing major structural issues like subsidence, dampness, or roof damage.
- Overlooking foundation problems, which can lead to expensive repairs and safety concerns.
Overlooking planning restrictions:
- Failing to identify existing planning permissions or restrictions.
- Not recognising listed building status or conservation area regulations, which can limit development or renovation plans.
Providing incomplete or misleading survey reports:
- Omitting critical information about the property's condition or potential defects.
- Providing incorrect details that lead to unexpected repair costs or legal disputes.
Neglecting environmental factors:
- Not reporting flood risks or contamination issues such as Japanese knotweed.
- Overlooking the impact of nearby developments that could affect property value.
Errors in boundary surveys:
- Incorrectly identifying property boundaries, leading to disputes with neighbours.
- Overlooking encroachments or easements that can impact property use and value.
Failure to advise on legal requirements:
- Not informing clients about necessary legal checks or compliance issues.
- Overlooking essential documentation required for the transaction.
These forms of negligence can cause various issues, including:
Financial loss
- Unexpected repair costs for overlooked defects.
- Legal fees from boundary disputes or planning permission issues.
Additional repair costs
- Rectifying structural problems not identified in the initial survey.
- Addressing issues related to environmental factors or property boundaries.
Legal complications
- Disputes over property boundaries or rights of way.
- Legal challenges related to planning permissions and restrictions.
How can I prove surveyor negligence?
To prove surveyor negligence, you need to show that the surveyor owed you a duty of care, breached this duty by not meeting professional standards, and caused you a financial loss directly resulting from this breach. Documentation and expert testimony can support your claim.
What damages can I claim for surveyor negligence?
You can generally claim damages for the diminution in value i.e. the difference between the property with no defects to the property with the defects found, and any additional expenses incurred due to the surveyor’s negligence. Compensation aims to cover financial losses and restore your position.
How long do I have to make a surveyor negligence claim?
You generally have six years from the date of the negligent act. However this can be extended in certain situations when you have only just discovered the problems. In such situations you would have three years from when you discovered the negligence to file a claim. It’s crucial to seek legal advice promptly to ensure you don’t miss the limitation period for your claim.
Can I settle a surveyor negligence claim out of court?
Yes, many surveyor negligence claims are settled out of court through negotiation or mediation. This approach can save time, reduce legal costs, and provide a quicker resolution compared to pursuing a lengthy court process.
What evidence do I need to support my claim?
To support your claim, you need the original survey report, any terms of engagement, correspondence with the surveyor, expert opinions on the negligence, and documentation of the financial losses incurred. Comprehensive evidence strengthens your case and improves your chances of a successful claim.
Do I need a specialist solicitor for a surveyor negligence claim?
Yes, it is advisable to consult a solicitor specialising in professional negligence claims. They ensure your case is handled effectively, help gather necessary evidence, and maximise your chances of a successful outcome, providing expert guidance throughout the process.
Can I claim for emotional distress caused by surveyor negligence?
While the primary focus is on financial loss, in some cases, you may claim for emotional distress if it can be directly linked to the surveyor’s negligence. This requires demonstrating the distress’s impact on your wellbeing and its connection to the negligent act.
How much will it cost to make a claim against a surveyor?
The cost of making a claim varies depending on the complexity of the case. You may have legal expenses insurance that covers such claims. It’s important to discuss funding options with your solicitor.
What should I do if I suspect surveyor negligence?
If you suspect surveyor negligence, gather all relevant documents and seek legal advice from a professional negligence solicitor as soon as possible. They will assess the viability of your claim and guide you through the necessary steps to pursue compensation. Call us on 0161 696 6178.
