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Terms of Business

Terms of Business

We provide different types of services depending on your requirements, here are the terms of business for the service that we offer, please click on the service you wish to view.

• Level 2 Survey Housebuyers Report
• Level 3 Survey Full Building Report

Housebuyers Report Level 2 Survey

The Housebuyers Report (and Housebuyers Report Plus) is a thorough inspection of a property which ascertains its condition on the day of inspection and will allow you to make an informed decision about your purchase. These terms are provided for a general guide only and you will be sent fully current/up to date terms of business before you instruct us which take precedence over these.

The Housebuyers Report is a report format designed by Proenergis Surveyors. It is a far clearer and more user friendly version of the RICS Homebuyers Report and has been developed following feedback from our clients who wanted a thorough but easy to understand report.

The Report will be carried out by one of our professionally trained and fully qualified RICS Chartered Surveyors. Our surveyors are highly qualified individuals who have appropriate experience in building construction, analysis and assessment. All have :

• At least 15 years experience in undertaking this type of work.
• Full membership of the RICS (Royal Institution of Chartered Surveyors).
• Insurance that provides cover in the unlikely event that a Surveyor is negligent.

Before undertaking the inspection and preparing the report on your behalf, you should understand the ‘terms’ under which the report is prepared so that you are clear as to exactly what the service you are buying involves.

The terms of the report are set out below. Please read them carefully.

Before the inspection

• If you wish, you may contact the Surveyor prior to inspection to discuss the inspection, and any concerns which you may have.
• To help with the inspection, and subsequent report please inform us of any specific concerns you may have. Plus any plans you may have for the future to alter the property.
• Payment of our fee in full is required before we will release any information about our findings. Unless cancellation has been made in writing and confirmed by us, the survey will take place and the fee will become payable. Payment can be made by card, cheque, internet bank transfer (BACS) or cash. Payment information will be provided for you on our invoice.

Cancellation

• If you wish to cancel the inspection, you must contact us with at least 24 hours notice prior to the appointment date and have received confirmation from us that we are aware of your instructions.
• We shall reserve the right to decline instructions if the property is deemed unsuitable or very different than that advised by you upon after arrival at the property.
• We shall endeavour to contact you immediately to inform you of the cancellation, and shall also make arrangements to return the fee.
• The Housebuyers Report is provided solely for your own use. We are happy to forward an electronic copy to your Legal Advisor free of charge should you request us to do so. No liability is accepted should any other parties either access, or act upon anything contained within the Report other than the name of the client on the report.
• The Contracts Act 1999, (Rights of Third Parties) is not applicable to this agreement.

Unless formerly agreed in writing, the agreement is subject to the jurisdiction and Laws of the United Kingdom, where the subject property is located.

Scope of inspection

References are made to 'visual inspection', this refers to inspection and subsequent comment on items of the property which are observed from ground level within the boundaries of the subject property or adjoining public land. References within the report, to left & right are given assuming facing the front of the property.

The Inspection is only carried out with the occupier's permission, no damage shall be caused to the building or its contents. The surveyor will not endanger either themselves or the occupiers. Heavy furniture and stored items, are not moved, loft insulation and carpets are not rolled back. Unless identified within the report, it will be assumed that no hazardous or harmful materials have been used in the construction of the property. The presence, and or consequence of any site contamination will not be researched. Comment cannot be given on areas that are covered, concealed or not otherwise readily visible. There may be detectable signs of concealed defects, in which case recommendations are made in the report.  In the absence of any such evidence it must be assumed in producing this report that such areas are free from defect.

Items such as TV aerials, cable TV and internet connections, together with fire alarms, and smoke detection units are not inspected. Leisure facilities such as swimming pools, hot tubs etc are also excluded from the report.

Part of the Property	This is our standard inspection.
Chimney stacks	Visually inspected from ground height only, with the use of binoculars.
Roof including roof space	Pitched / sloping roof coverings will only be visually inspected from ground height, with the use of binoculars. Flat roofs will only be inspected by the use of a 3m ladder or from vantage points with the subject property. Roof/loft spaces will be visually inspected from the hatch area, unless it is safe to enter. The hatch will only be accessed if it is accessible by a 3m ladder and not screwed shut.
Rainwater fittings	Visually inspected from ground height, with the use of binoculars.
Main walls	Visually inspected from ground height with the use of binoculars. Foundations and concealed parts of the structure of the property will not be inspected.
Windows, external doors & joinery	All windows and doors will be opened when possible, if    keys are available. Doors and windows will not be forced open and / or damaged. Visually inspected from ground height, with the use of binoculars.
External decorations	Visually inspected from ground height, with the use of binoculars.
Conservatories	Visual inspection.
Garages & permanent outbuildings	Visual inspection
Outside areas & boundaries	Visual inspection.
Drainage	Inspection chambers will be lifted where possible and visible pipework will be visually inspected. Private drainage systems (septic tanks etc) will not be inspected. We sometimes cannot raise manhole covers if they are inset with heavy pavings, rusted or screwed down.
Ceilings	Visual inspection.
Internal walls & decorations	Visual inspection, and inspected for dampness using a meter.
Floors including sub floors	No floor coverings, or carpets will be lifted. Surfaces of exposed floors will have a visual inspection. Spaces between floors, will only be inspected from easily accessible and obvious inspection hatches that are not screwed down. Floorboards are not lifted.
Internal joinery & kitchen fittings	Built in units and cupboards will be inspected, however no stored items will be removed. Kitchen fittings will be inspected, but no inspection or comment can be made on electrical appliances.
Chimney breasts & fireplaces	Visual inspection of the exterior. No testing of flues, or flue fittings will be carried out. None of the internal aspects of the chimney breast or flue will be inspected.
Cellars	Where there is a safe and obvious means of access, a visual inspection will be carried out.
Electricity	No tests whatsoever will be carried out to the system or appliances. Visual inspection of the exposed aspects will take place, however no fittings will be removed.
Gas	No tests whatsoever will be carried out to either the installation or appliances. A visual inspection of exposed aspects will take place.
Water, plumbing & bathroom fittings	A visual inspection of the accessible pipework, water tanks, cylinders and fittings - without the removal of insulation. Taps will be operated individually, however stopcocks and control valves will not be tested. W/C's will be flushed.
Heating & hot water	No tests whatsoever will be carried out to the system or appliances. Accessible parts of the system will be visually inspected.
Flats	Roof spaces will not be entered unless the access is from within the subject flat. Flats and communal areas providing access to the subject flat, will be inspected as outlined above. Communal drainage will not be inspected. Flats roofs on blocks of flats will not be inspected. The block which the subject property is found will be inspected, including external communal areas, to the extent that an opinion can be given on its overall condition and the general standard of repairs & maintenance.
Legal Issues	Any issues that need investigation by your legal advisor will be identified, but not investigated by us.

It is sometimes not possible to inspect a property as specified above. If this is the case then the Surveyor shall make specific comment to this within the report.

The Report

What this report tells you:

This report tells you:

• About the construction and condition of the home on the date it was inspected
• Whether quotes, further enquiries or investigations are needed
• The Housebuyers Report Plus report can comment on the feasibility of proposed alterations but does not comment on whether planning permission is likely to be forthcoming, likely costings or construction methods. This type of report will contain a schedule of photographs.

The report's main aim is to tell you about any defects that need urgent attention or are serious. It also tells you about things that need further investigation. The report concentrates on items which may cause you to alter your offer for the property. Minor items that would not normally affect a buyers decision to purchase are generally not reported. This is a level two type of report similar to the RICS Homebuyers Report. Its scope is designed to fall between a Full Building Survey and a Valuation report. If you require more technical advice on actual repair methods, alterations and construction detail, then a Full Building Survey may be more appropriate and you should discuss this with us. A referral commission is sometimes paid by us to introducing parties but our professional opinions are not affected in any way.

The reports are usually ready to be sent to you three working days after the day of inspection. The report applies clear ‘condition ratings’ to the major parts of the main building. The property is broken down into separate elements, and each element will be given a condition rating:

Category 3	Category 2	Category 1
Defects which are serious and/or need to be repaired, replaced or investigated urgently before purchase.	Defects that require repairs or replacement. Quotes are required before purchase with the work undertaken after occupation.	No immediate action or repair is needed. The property must be repaired and maintained in the normal way.

What this report does not tell you:

• It does not tell you about minor defects that would not normally affect an average purchasers decision to buy the property. It concentrates on significant items that are urgent, significant or need further investigation.
• The report does not give advice on the cost of any repair work or the types of repair which should be used. Advice about which type of contractor to contact is given.
• The report is not an asbestos inspection under the Control of Asbestos at Work Regulations 2002, nor is it an Environmental Report or Environmental Survey.
• The report can only comment on what the Surveyor can actually see or access within the practical limitations of inspecting someone's home. We cant always identify hidden or concealed defects and we do not ever damage, dismantle or force open parts of someone's property.
• The report does not include any investigations into legal issues or planning matters.
• No valuation is included. 

If you need advice on subjects that are not covered by the Housebuyers Report, you must arrange for it to be provided separately. We will be happy to discuss this with you to ensure you get appropriate advice.

The Report will provide a summary of information regarding the condition of the property as detailed above, on the day of inspection. We will also provide information on accommodation, general construction, value, location & neighbouring areas.

Delivery of the report

The reports are normally ready three working days after the inspection. We are trying wherever possible to reduce the company’s environmental impact in usage of plastic report bindings, disposal of old ink cartridges and wasteful usage of paper. Therefore, in common with most companies who provide written information, our reports are all provided electronically as a PDF email. The reports are all stored permanently on our secure servers should you ever require additional copies in the future. Hard copies are available upon request, but please carefully consider the environment and whether you really do actually need a hard copy before requesting one. We reserve the right to charge £5 for each hard copy requested to cover our postage and binding costs.

Payment

Please reply to us confirming that you accept these terms of business. We cannot act for you until this has been received. Payment is due before the day of the survey. We are not able to act for you until payment in full has been received. We accept cards, cheques or internet bank transfers. The payment information will all be on the invoice sent to you after you have accepted our terms of business.

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Level 3 Survey Full Building Survey

1. Introduction
   1. This document sets out the contractual terms upon which Proenergis Ltd will advise the Client by means of a written report as to his or her opinion of the visible condition and state of repair of the Property.
   2. The individual carrying out the inspection and providing advice will be an experienced Chartered Surveyor.
   3. The Surveyor will use all of the care and skill to be reasonably expected of an appropriately experienced Chartered Surveyor.
2. Content of the Report

   In accordance with these the Surveyor will report upon:

   1. The main aspects of the Property including assessing the site/location, the design, structural framework, fabric and services.
   2. The grounds, boundaries and environmental aspects considered to affect the Property.
   3. Any requirements for further investigation arising from the inspection.
3. Delivery of the Report
   1. The Reports are normally ready within five working days post inspection.
   2. We are trying wherever possible to reduce the company’s environmental impact. Therefore in common with most companies who provide written information, our reports are now all provided electronically only as a PDF attachment on an email, The reports are all stored permanently on our secure server should additional copies be needed in the future. Hard copies are available upon request, but please carefully consider the environment and whether you really do actually need a hard copy (normally 50 plus pages) before requesting one. We reserve the right to charge £10 for each hard copy to cover posting, binding and printing costs.
   3. The Client agrees to keep the Report confidential disclosing its contents only to the Client Professional Advisors. In particular (but without limit) the Client must not disclose the whole or any part of the Report to any person other than a Professional Advisor who may intend to rely upon it for the purpose of any transaction.
4. Payment of Fees

   The Client will pay the Agreed Fee, any Additional Fees, any VAT and any agreed disbursements prior to issue of the report. The Report will not be sent nor our findings discussed until payment has been received.

5. Assumptions

   Unless otherwise expressly agreed the Surveyor while preparing the Report will assume that:

   1. The property (if for sale) is offered with vacant possession.
   2. The Property is connected to mains services with appropriate rights on a basis that is known and acceptable to the Client; and
   3. Access to the Property is as of right upon terms known and acceptable to the Client.
   4. Generally
      1. The Surveyor will consider his or her advice carefully but is not required to advise on any matter the significance of which in relation to the Property is not apparent at the time of inspection from the inspection itself.
      2. The surveyor will inspect diligently but is not required to undertake any action which would risk damage or injury to him-or herself or the property.
      3. The Surveyor will not undertake any structural or other calculations.
   5. Accessibility
      1. The Surveyor will inspect as much of the internal and external surface area of the building as is practicable but will not inspect those areas which are covered, unexposed or not reasonably accessible from within the site, or adjacent public areas.
      2. The Surveyor is not required to move any obstruction to inspection including, but not limited to, furniture and floor coverings.
   6. Floors
      1. The Surveyor will lift accessible sample loose floorboards and trap doors. If any, which are not covered by heavy furniture, laminates, ply or hardboard, fitted carpets or other fixed floor coverings. The Surveyor will not attempt to cut or lift floorboards without the express permission of the owner.
   7. Fixed covers and housings
      1. The Surveyor will not attempt to remove securely fixed covers or housings without the express permission of the owner.
   8. Roofs
      1. The Surveyor will inspect the roof spaces if there are available hatches which are not more than three meters above the adjacent floor or ground. Where no reasonable access is available, the roof spaces will not be inspected. Similarly, outer surfaces of the roof or adjacent areas will be inspected using binoculars, but will be excluded if they cannot be seen.
   9. Boundaries, grounds and outbuildings
      1. The inspection will include boundaries, grounds and permanent outbuildings but will not include constructions or equipment with a specific leisure purpose including, without limit, swimming pools and tennis courts.
   10. Services
       1. The Surveyor will carry out a visual inspection of the service installations where accessible. Drainage inspection covers will be lifted where they are accessible and it is safe and practicable to do so. No tests of the service installations will be carried out unless previously agreed, although general overall comments will be made where possible and practicable. The Surveyor will report if it is considered that tests are advisable.
   11. Areas not inspected
       1. The Surveyor will identify any areas which would normally be inspected but which he or she was unable to inspect.
   12. Flats or maisonettes
       1. Unless otherwise agreed, the Surveyor will inspect only the subject flat and garage (if any), the related internal and external common parts and the structure of the building or particular block in which the subject flat is situated. Other flats will not be inspected. The drainage system at flats is not inspected. The Surveyor will state in the Report the limits of access and/or visibility in relation to the common parts and structure. The Surveyor will state whether he or she has seen a copy of the lease and, if not, the assumptions as to repairing obligations on which he or she is working.
   13. Environment and other issues
       1. Particular noise and disturbance affecting the Property will only be noted if it is significant at the time of inspection or if specific investigation has been agreed between the Surveyor and the Client and confirmed in writing.
       2. The Surveyor will report on any health and safety hazards to the extent that they are apparent from the elements of the property considered as part of the inspection.
6. Hazardous Materials
   1. Unless otherwise expressly stated in the Report, the Surveyor will assume that no deleterious or hazardous materials or techniques have been used on the construction of the Property. However the Surveyor will advise in the Report if, in his or her view, there is likelihood that deleterious material has been used in the construction and specific enquiries should be made or tests should be carried out by a specialist.
   2. The Surveyor, based upon a limited inspection, will note and advise upon the presence of lead water supply pipes if we can see them.
   3. The Surveyor will advise in the Report if the property is in an area where, based on information published by the National Radiological Protection Board, there is a risk of Radon. In such cases the Surveyor will advise that tests should be carried out to establish Radon levels.
   4. The Surveyor will advise if there are any transformer stations or overhead power lines which might give rise to an electro-magnetic field, either over the subject Property or visible immediately adjacent to the Property. The Surveyor is not required to assess any possible effect on health or to report on any underground cables.
   5. Asbestos was commonly used in building materials up to the end of the 20th century, by which time it became a banned substance. Asbestos is not usually harmful unless the fibres can be released into the air by becoming damaged or showing signs of wear. It is not possible to identify where asbestos fibres are contained in a building material without a specialist test. Because asbestos was used in such a diversity of materials it is impossible to identify all the materials that may contain asbestos and it is beyond the scope of this report to test for asbestos. If you are concerned then you should commission a test for asbestos, which can be arranged on your behalf.
   6. This report will not identify moulds that could be harmful to health. If mould is present at the time of inspection then it will be recorded and you will need to arrange your own test.
7. Ground conditions
   1. The Surveyor will not be required to test for or comment upon the possible existence of noxious substances, landfill or mineral extraction, or other forms of contamination as this is beyond the scope of the report.
8. Consents, approvals and searches
   1. The Surveyor will be entitled to assume that the Property is not subject to any unusual or onerous restrictions, obligations or covenants which apply to the Property or affect the reasonable enjoyment of the Property.
   2. The Surveyor will be entitled to assume that all Planning, Building Regulations and other consents required in relation to the Property have been obtained. The Surveyor will not verify whether such consents have been obtained. Any enquiries should be made by the Client or the Client’s legal advisers. Drawings and specifications will not be inspected by the Surveyor unless otherwise previously agreed.
   3. The Surveyor will be entitled to assume that the Property is unaffected by matters which would be revealed by a Local Search and replies to the usual enquiries, or by a Statutory Notice, and that neither the Property, nor its condition, its use or its intended use, is or will be unlawful.
9. Insurance rebuilding cost assessment
   1. The surveyor will provide an insurance rebuilding cost assessment only if this is agreed at the time of taking instructions. Building insurance cost assessments will be calculated using the current edition of the BCIS (Guide to House Rebuilding Costs).
10. Additional Services
    1. The Surveyor will provide, for an additional fee, such additional services as may be specific in the Specific Terms or are agreed between the Surveyor and Client and confirmed by the Surveyor in writing.
11. Miscellaneous
    1. In the event of conflict between these General Terms and the Specific Terms, the Specific Terms prevail.
    2. Unless expressly provided, no term in the agreement between the Surveyor and the Client is enforceable under the Contracts (Rights of Third Parties) Act 1999 by any person other than the Surveyor and Client.
    3. Where the Client has instructed the Surveyor to make investigations which cause damage to the Property on the basis that the Client obtained the owner’s consent, the Client will indemnify the Surveyor against any loss of cost arising.
    4. In the unlikely event that the Client has a complaint regarding the standard of service he or she has received, a formal Complaints Handling Procedure will be forwarded. A copy of the Surveyor’s Complaints Handing Procedure is available upon request. Using the Surveyor’s Complaints Handing Procedure will not affect the Client’s legal rights.
    5. The Client may only rely upon the Surveyor’s advice and Report for the purposes described in the Particulars or communicated to the Surveyor in writing prior to the agreement of the Fee and if the client wishes to rely upon such advice and Report for any other purpose he or she may only do so with the written consent of the Surveyor. The report shall not be reproduced, published or used for any commercial purposes without written consent from us.

Table showing scope of inspection

Part of the Property	This is our standard inspection.
Chimney stacks	Visually inspected from ground height only, with the use of binoculars.
Roof including roof space	Pitched / sloping roof coverings will only be visually inspected from ground height, with the use of binoculars. Flat roofs will only be inspected by the use of a 3m ladder or from vantage points with the subject property. Roof/loft spaces will be visually inspected from the hatch area, unless it is safe to enter. The hatch will only be accessed if it is accessible by a 3m ladder and not screwed shut.
Rainwater fittings	Visually inspected from ground height, with the use of binoculars.
Main walls	Visually inspected from ground height with the use of binoculars. Foundations and concealed parts of the structure of the property will not be inspected.
Windows, external doors & joinery	All windows and doors will be opened when possible, if    keys are available. Doors and windows will not be forced open and / or damaged. Visually inspected from ground height, with the use of binoculars.
External decorations	Visually inspected from ground height, with the use of binoculars.
Conservatories	Visual inspection.
Garages & permanent outbuildings	Visual inspection
Outside areas & boundaries	Visual inspection.
Drainage	Inspection chambers will be lifted where possible and visible pipework will be visually inspected. Private drainage systems (septic tanks etc) will not be inspected. We sometimes cannot raise manhole covers if they are inset with heavy pavings, rusted or screwed down.
Ceilings	Visual inspection.
Internal walls & decorations	Visual inspection, and inspected for dampness using a meter.
Floors including sub floors	No floor coverings, or carpets will be lifted. Surfaces of exposed floors will have a visual inspection. Spaces between floors, will only be inspected from easily accessible and obvious inspection hatches that are not screwed down. Floorboards are not lifted.
Internal joinery & kitchen fittings	Built in units and cupboards will be inspected, however no stored items will be removed. Kitchen fittings will be inspected, but no inspection or comment can be made on electrical appliances.
Chimney breasts & fireplaces	Visual inspection of the exterior. No testing of flues, or flue fittings will be carried out. None of the internal aspects of the chimney breast or flue will be inspected.
Cellars	Where there is a safe and obvious means of access, a visual inspection will be carried out.
Electricity	No tests whatsoever will be carried out to the system or appliances. Visual inspection of the exposed aspects will take place, however no fittings will be removed.
Gas	No tests whatsoever will be carried out to either the installation or appliances. A visual inspection of exposed aspects will take place.
Water, plumbing & bathroom fittings	A visual inspection of the accessible pipework, water tanks, cylinders and fittings - without the removal of insulation. Taps will be operated individually, however stopcocks and control valves will not be tested. W/C's will be flushed.
Heating & hot water	No tests whatsoever will be carried out to the system or appliances. Accessible parts of the system will be visually inspected.
Flats	Roof spaces will not be entered unless the access is from within the subject flat. Flats and communal areas providing access to the subject flat, will be inspected as outlined above. Communal drainage will not be inspected. Flats roofs on blocks of flats will not be inspected. The block which the subject property is found will be inspected, including external communal areas, to the extent that an opinion can be given on its overall condition and the general standard of repairs & maintenance.
Legal Issues	Any issues that need investigation by your legal advisor will be identified, but not investigated by us.

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