Emyr Pierce

Professional Legal Services | Cardiff

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Lender’s survey should cover new-build

I want to buy a brand new house on a development near Newport but as money is so tight I think I will do without an independent survey and rely on the one produced by my Lender. Is that likely to be OK?

The report which you will obtain with your mortgage offer will be a Valuation Report unless you have specifically requested a more comprehensive or Homebuyer’s Survey. There is a third survey which is a full structural survey which, of course, is unnecessary in the case of a brand new property.

In the case of a brand new property the Valuation Report should be sufficient as the new build will be supported by an NHBC 10 Year Guarantee or similar Certificate which covers you during the first 10 years of the property against major structural defects.

A further reason for accepting a Valuation Report in the case of a brand new property is that the property will in most cases be in the course of construction and therefore it would be inappropriate to commission a more comprehensive survey.

In the case of all other properties over 10 years old, I would strongly recommend you get a Homebuyer’s Survey.

Home is now subsiding – despite a full survey

I have just discovered that the house I bought three years ago has subsidence. We had a full survey carried out before we bought and this was not spotted. I am insured but will have to pay a hefty excess for the repairs. Can I make a claim against anyone for this oversight?

You need to obtain an independent report from a Building Surveyor or Structural Engineer to establish whether or not the problem existed at the time you bought.

A building surveyor will advise as to whether or not your surveyor should have identified any tell-tale signs that should have been picked up in an ordinary Homebuyers or Structural Survey. If the Report is favourable, then you may have a claim against your surveyor for professional negligence.

You should seek the advice of a solicitor specialising in professional negligence who will advise you as to the procedures, the prospects of success and the evidence required to pursue a successful claim. You should also continue to investigate the possibility of the problem being covered by your Building’s Insurance Policy as this may be an easier and more direct way of recovering the cost of the remedial works.

In the event of a successful insurance claim, you may still have the right to claim any uninsured losses direct from your surveyor, such as any excess.