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An expert witness building surveyor has the specialty required to investigate the issue that’s being looked into. They understand the legal protocols associated with preparing and submitting technical evidence and with presenting that evidence at tribunal or court. Chartered surveyors have the expertise in the technical areas that are necessary for building surveying but, for various reasons, not all building surveyors can qualify to serve as an expert witness.
Having a Notting Hill expert witness is important when one party is in dispute with another and is intent on resolving matters through the courts. Expert witness reports and testimonies are necessary to provide the court with certain understandings that either side requires. An expert in the Notting Hill area may well be needed in situations involving consumer law, in particular, the Brand New Homes (Fitness for Human Habitation) Act 2018.
Although the client may have compensated the professional for the technical report, certain criteria must be fulfilled and are outlined below.
Testimony from an independent expert witness should be understandable and unbiased. The surveyor’s responsibility is to the court. For instance, if there were a disagreement about what caused certain dampness, the surveyor would need to proceed from first principles. He or she would have to work with a limited amount of potentially extraneous information and would have to remain completely objective. That is because, in any court case where the opposing parties have different sides to a story, one side’s expert witness will be called to testify, and the other side will then cross-examine the witness.
An expert witness who testifies in compliance with RICS conditions must be a chartered surveyor. Such a person may serve this role and act in compliance with what is generally good practice when an expert is called to give evidence in the English (and Welsh) courts. The legal requirement that governs this matter is set out in the Civil Procedure Rules, which are the rules that control how cases are managed in the English and Welsh courts.
The presentation of evidence in cases may be governed by the Civil Procedure Rules (CPR). These rules have been revised recently. It is, therefore, of the utmost importance that Expert Witnesses, clients, and their instructing solicitors are fully conversant with the revised rules – in particular, with what is now contained in Part 35.
The collection of information and data constitutes the first step, with the relevant correspondence and photographs of defects being the necessary parts. The next and more important step is the preparation of the expert witness report. Structuring that report is vital. The facts must be presented as facts and separated from professional opinion. A report that merges the two is of no use in court and confuses the audience.
The appointed surveyor can serve as a single joint expert where both parties consent to such an arrangement. This can save both time and money compared to if each party had its own surveyor. Notting Hill expert witness building surveyors have access to an extensive technical database and can readily obtain both pertinent and obscure information. Whether surveying or serving as an expert witness, they can much better substantiate their findings and conclusions with the help of such a resource.
If you are a landlord or property manager and have received a notice from a tenant under housing laws because they have issues with your rental property, or if you are a developer and have had your work interrupted by someone who has opened a dispute, or a leaseholder with a disagreement with your management company or landlord, we might be able to assist you.
It is crucial to understand that the contents of such a report might not always align with your interests, as the report must be impartial and fairly balanced.
It is a challenging task to proffer the court a technical report, all neatly wrapped in a logical framework, that judges can understand, even if they have no background in engineering or science. This is also true of anyone who has not spent many years as an expert witness. A digestible report is a good report.
Striking the balance among fact, opinion, and technical versus non-technical writing takes many years of practice to perfect.
The RICS guidelines on expert witnesses pertain to members of the RICS who are able to demonstrate the requisite levels of expertise, knowledge, and experience concerning the assessment of a specific non-domestic condition. Members are expected to be independent and impartial in their roles and to fulfil those roles within an agreed-upon timescale and to a standard of reporting appropriate for an expert witness.
The RICS publication “Surveyors Acting as Expert Witnesses: Client Guide” serves as a useful reference. Although it is aimed primarily at providing guidance for clients and professional surveyors, I found its contents to be relevant to my needs as a professional in a different field. It is available at no charge from the RICS website.
The Full Building Survey report includes the following:
When it comes to the detail that the surveyor will go into concerning defects, repairs, and maintenance, the Homebuyer Survey is fairly standard. Full Building Surveys, however, are more refined and go into more detail about possible and likely defects. Repairs and maintenance are covered in more detail. The Survey cost depends on the age, size, and value of the property.
The analysis they undertake is a visual inspection. This means that, for the most part, the building components that can be seen will be looked at and assessed in accordance with the surveyor’s remit. The Home Survey Report will show you the visible defects and then go on to discuss the kinds of partially hidden or totally hidden defects that the surveyor thinks you should be aware of. It will also try to clarify what kinds of repair work need to be done and the nature of the repairs. The survey is effectively a way to consider “defects” and their potential impact on the building.
A Building Survey Report contains the most important information for understanding the condition of a property. The surveyors that undertake the work follow a set procedure. The first part of the report contains a general overview of the property and its surroundings. The second part details the major and minor problems with the property’s components, inside and out. These problems range from serious structural defects to issues with doors or windows that don’t close properly, and everything in between. The report is written in clear English, complemented by diagrams and photographs. If any of the problems found are what a surveyor might consider important, that’s what the report indicates—using clear and unambiguous language.
Surveyors usually use a tick box to indicate methods of repair when drafting a building survey report. They are also required to comment on the timescale of any repairs. A condition rating is typically included: what needs to be addressed immediately, what is in the process of deteriorating but is in reasonable condition, and what has not deteriorated at all.
A building surveyor is responsible for a variety of checks and tests during a building inspection. These could be checks or tests for damp and woodworm, or they could be visual inspections of the building’s structure. In building surveying, there are visual inspections of roofs – checking for tiles and slates (if applicable) and also checking for leadwork (if applicable) and looking at the junctions between roof and wall. If the wall structure has brick in it, the surveyor will visually check for any “spalling” (brick breaking apart visibly) and any bulging (brick failing to hold its place visibly), for example.
If defects need fixing immediately, then the options recommended for this survey specify what to repair and give some idea of how long the problem has existed. For the most part, this survey describes recommended repair approaches that are standard in the industry and that do not require excessive expenditure. Future maintenance is also discussed, including what to expect when the problem being surveyed is not repaired and what to expect with repairs that are made but with questionable methodology.
Your surveyor will explain some of the legal aspects of purchasing the building, covering—in as much or as little detail as you desire, and their implications, but this is subject to your solicitor verifying.
You might consider having a separate market valuation done to determine whether the property’s asking price is warranted. You’ll also need a reinstatement cost valuation for insurance reasons.
RICS’s industry guidelines suggest building surveys for properties that are large, very old, in some disrepair, or have unusual features. Building surveys are also recommended if you plan to do any significant renovations or extensions.
If you’re purchasing a relatively modern home that’s in decent shape and built to ordinary standards, then a Home Buyer Survey is an acceptable choice. If you want the assurance of an inspection and report that are pretty much guaranteed to turn up any issues that might be hidden or just hard to see, then you should go for a Full Building Survey instead.
The Full Building Survey is more detailed; it is more specifically tailored to the property your surveyor would be inspecting. It also comes with more advice on the visible defects found and on the potential hidden defects that they suspect may be present. Your surveyor will illustrate reports with photographs so that you can clearly see what has been discovered. Both the Home Buyer and Full Building Surveys describe the repairs needed, the order in which the repairs should be done, and the kind of “maintenance measures” that will be required to keep the property in good condition.
A HomeBuyer Report does include a market valuation as well as reinstatement costs. However, a Full Building Survey does not. The main reason for the differences in what is and isn’t included in the two types of reports is how focused the reports are on the condition of the property. The Full Building Survey is the most in-depth and comprehensive survey of a property that you can have done.
Most disagreements are resolved before they reach the courtroom. When matters have advance toward litigation, your Notting Hill Surveyor will be present to support you. Our panel of surveyors has provided expert testimony in court and has also acted in relation to local authority matters.
Looking for a Chartered Surveyor? If you are buying a property, contact us for a building survey. Our panel of CIOB, RPSA and RICS surveyors will help you with the Level 2 or Level 3 property survey you need in Notting Hill. We can also assist you in Red Book Valuations, Party Wall Awards and other services. Reach out to us today for building surveyors, valuers and party wall surveyors in London!
