Valuation Surveyors Act

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The Laws of Zambia

REPUBLIC OF ZAMBIA

THE VALUATION SURVEYORS ACT

CHAPTER 207 OF THE LAWS OF ZAMBIA

CHAPTER 207 THE VALUATION SURVEYORS ACT

THE VALUATION SURVEYORS ACT

ARRANGEMENT OF SECTIONS

Section
1. Short title
2. Interpretation
3. Prohibition of unregistered persons from practising
4. Establishment of Board
5. Tenure, duties, etc., of members
6. Resignation and removal
7. Meetings and decisions of Board
8. Rules
9. Register of valuation surveyors
10. Publication of list of valuation surveyors
11. Qualifications for registration
12. Suspension of valuation surveyors
13. Appeals
14. Regulations

CHAPTER 207

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VALUATION SURVEYORS 34 of 1976


13 of 1994

An Act to provide for the registration of valuation surveyors; and to provide for
matters connected with or incidental thereto.
[1st August, 1979]

1. This Act may be cited as the Valuation Surveyors Act. Short title

2. In this Act, unless the context otherwise requires- Interpretation

"Board" means the Valuation Surveyors Registration Board established under


section four;

"Chairman" means the chairman of the Board and includes any member elected to
act as chairman under section seven;

"land" includes land of any tenure, and tenements and hereditaments, corporeal or Cap. 213
incorporeal, and houses and other buildings, also an undivided share in
land, but does not include any mining right as defined in the Mines and
Minerals Act in or in respect of any land;

"member" means a member of the Board;

"registered" means registered under this Act; and "registration" shall be construed
accordingly;

"valuation surveyor" means a person engaged in the business of valuation of land,


whether as a private practitioner or as an employee or agent of some other
person; and "valuation surveying" shall be construed accordingly.

3. (1) Notwithstanding the provisions of any other written law, no person, unless he Prohibition of
is registered as a valuation surveyor, shall- un-registered persons
from practising

(a) practise valuation surveying of land or use any name, title or style
containing the word "valuer", "valuing", "valuation", "evaluator", "evaluating",
"evaluation", "appraiser", "appraising" or "appraisal", or any other word
implying his being in the business of valuation surveying;

(b) provide a valuation of land for any fee, commission, reward, or any other
consideration, pecuniary or otherwise.

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(2) Any person who contravenes the provisions of subsection (1) shall be guilty of
an offence and shall be liable on conviction to a fine not exceeding two thousand five
hundred penalty units or to imprisonment for a period not exceeding one year, or to both.
(As amended by Act No. 13 of 1994)

4. (1) There shall be established a Board to be known as the Valuation Surveyors Establishment of
Registration Board, which shall consist of five members to be appointed by the Minister Board
so, however, as to include-

(a) a Government valuation surveyor;

(b) a person who is or has been a legal practitioner within the meaning of the Cap. 30
Legal Practitioners Act of not less than five years standing in Zambia;

(c) a registered valuation surveyor or a person eligible for registration


nominated by such professional association as the Minister may, after
consultation with the Board, recognise to be representative of the interests
of valuation surveyors in Zambia;

(d) a registered valuation surveyor or a person eligible for registration


representing the interests of local authorities in Zambia; and

(e) any other registered valuation surveyor or person eligible for registration.

(2) The Minister shall designate one of the members as Chairman.

5. (1) Subject to the provisions of section six, a person shall hold office as a Tenure, duties, etc., of
member for a term of three years and on the expiry thereof shall be eligible for members
reappointment.

(2) A member shall have such duties, receive such remuneration and be subject to
such terms and conditions as may be prescribed by regulations.

6. (1) A member may resign his office by giving not less than one month's notice in Resignation and
writing to the Minister. removal

(2) The Minister may remove a member from office on the ground of misbehaviour
or inability to discharge the functions of his office by reason of infirmity of body or mind or
any other cause.

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7. (1) At any meeting of the Board three members shall form a quorum. Meetings and
decisions of Board

(2) All decisions of the Board shall be taken at a meeting by a majority of votes of
the members present, and, in the event of an equality of votes, the Chairman shall have a
casting vote, in addition to his deliberative vote.

(3) A meeting of the Board shall be presided over by the Chairman, or, in the
absence of the Chairman, by such other member as the members present may elect from
among their number to act as chairman for that meeting.

8. The Board may, with the approval of the Minister, by statutory instrument, make Rules
rules relating to all or any of the following matters:
(a) the management of the Board, the holding of meetings of the Board, the
issue of notices calling such meetings and the procedure to be followed at
such meetings;
(b) the appointment and duties of the officers of the Board;
(c) the professional conduct of valuation surveyors; the mode of inquiry into
breaches of the rules of professional conduct and the penalties therefor;
(d) the conditions of engagement of valuation surveyors in private practice on a
piece-work basis and the scale of fees to be charged by them for
professional advice tendered and services rendered;
(e) the procedure to be followed by persons applying for registration;
(f) the fee for registration and the annual subscription to be paid by a valuation
surveyor; and the purposes for which the moneys received as such fees
and subscriptions may be spent;
(g) the suspension of registration and the cancellation of registration of
valuation surveyors;

(h) the maintenance and improvement of the status and qualifications of


valuation surveyors.

9. The Board shall keep and maintain a register to be known as the "Register of Register of valuation
Valuation Surveyors" wherein shall be entered in respect of every person to be registered surveyors
as a valuation surveyor, his name and address, qualifications, date of registration and
such other particulars as may be prescribed by regulations.

10. The Board shall, at least once in every calendar year, by Gazette notice, Publication of list of
publish a list of full names of all persons then on the register. valuation surveyors

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11. A person shall not be registered as a valuation surveyor unless, on the date of Qualifications for
his application for registration, he has attained the age of twenty-one years and has- registration

(a) (i) passed such qualifying examination as the Minister may, after
consultation with the Board, prescribe; and
(ii) completed such period of such practical training in the work of a
valuation surveyor as the Minister may, on the recommendation of the
Board, consider satisfactory; or
(b) acquired such qualifications and experience as the Minister may, after
consultation with the Board, consider to be adequate for efficient practice
as a valuation surveyor.

12. The Board may suspend the registration of any valuation surveyor or strike out Suspension of
of the register the name of any valuation surveyor who is found, after due inquiry by the valuation surveyors
Board, to have been guilty of professional misconduct.

13. Any person aggrieved by a decision of the Board may, within twenty-eight days Appeals
of receiving a copy of such decision, appeal to the High Court, and the High Court may
make such order thereon as it thinks fit.

14. The Minister may, by statutory instrument, make regulations for the better Regulations
carrying out of the purposes of this Act.

SUBSIDIARY LEGISLATION

VALUATION SURVEYORS CAP. 207

THE VALUATION SURVEYORS RULES

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ARRANGEMENT OF RULES
Rule
1. Title
2. Interpretation
3. Correspondence
4. Application for registration
5. Fee for registration
6. Annual subscription
7. Change of address
8. Office of Board and meetings
9. Notice of meetings
10. Minutes of meetings
11. Delegation of powers
12. Co-option
13. Board's finances
14. Accounts
15. Expenditure
16. Auditors
17. Annual report, balance sheet and accounts
18. Appointment of officers of Board
19. Scale
20. Rules of professional conduct and disciplinary proceedings

FIRST SCHEDULE-Form of application for registration

SECOND SCHEDULE-Scale

THIRD SCHEDULE-Rules of professional conduct and disciplinary proceedings

SECTION 8-THE VALUATION SURVEYORS RULES Statutory Instrument


112 of 1979
Act No.
Rules made by the Board, with the approval of the Minister 13 of 1994

1. These Rules may be cited as the Valuation Surveyors Rules. Title

2. In these Rules, unless the context otherwise requires- Interpretation

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"accused" means a surveyor against whom a complaint is made or whose conduct


may appear to the Board to require or is under investigation;

"arrangement" means written agreement between a surveyor and his client;

"meeting" means a meeting of the Board;

"scale" means scale of fees;

"Secretary" means secretary to the Board;

"selling" includes selling by auction, private treaty, tender or otherwise;

"surveyor" means a registered valuation surveyor;

"Treasurer" means treasurer to the Board.

3. All correspondence to the Board shall be addressed to the Secretary at P.O. Correspondence
Box 50027, Lusaka, or at any other postal address of the Board, as may from time to time
be notified in that respect by the Board.

4. All applications for registration shall be made in the form set out in the First Application for
Schedule, obtainable from the Secretary, and shall be accompanied by a fee for registration
registration.

5. (1) The fee for registration shall be fifty fee units. Fee for registration

(2) On the refusal of any application for registration, the fee for registration thereof
shall be returned to the applicant at the time of his notification by the Board of the Board's
decision thereon.
(As amended by Act No. 13 of 1994)

6. There shall be paid to the Board by every surveyor on or before the 1st July in Annual subscription
each year, such an annual subscription as the Board may from time to time determine.

7. Every surveyor shall notify the Secretary immediately of his change of address. Change of address

8. (1) The office of the Board and meetings shall be at such places as the Board Office of Board and
may from time to time determine. meetings

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(2) The Board shall meet as often as may be necessary but in any case not less
than twice in every calendar year.

9. (1) The Secretary shall give to all members not less than seven days' notice of Notice of meetings
any meeting.

(2) Such notice shall indicate the time and place of the said meeting.

10. The Board shall keep minutes of meetings and the Chairman shall confirm and Minutes of meetings
sign, after any correction if necessary, the minutes of the previous meeting.

11. The Board may delegate any of its powers to committees consisting of such Delegation of powers
member or members as it thinks fit.

12. The Board may co-opt not more than two persons to act temporarily, one as Co-option
Secretary and the other as Treasurer.

13. (1) The Board shall be responsible for its financial affairs. Board's finances

(2) All moneys accrued to or received by the Board shall be paid into an account at
such bank as the Board shall direct; and no sum shall be paid out of the said account
except by the direction of the Board.

14. The Board shall cause true accounts to be kept of all- Accounts

(a) moneys received and expended by the Board and the purposes for which
such moneys are received and expended;
(b) assets and liabilities of the Board.

15. The Board may pay out of its funds such moneys as are necessary for the Expenditure
work of the Board or of any committee appointed by the Board.

16. The Board shall appoint an auditor at a fee to be fixed by the Board. Auditors

17. Not later than the 31st December in each year, the Board shall deliver to every Annual report, balance
surveyor a copy of an annual report and of the balance sheet and accounts up to the 30th sheet and accounts
June of that year, covering the previous twelve months, together with a copy of the
auditor's report thereon.

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18. The Board may appoint a Secretary, Treasurer, and other officers of the Board Appointment of
on such terms and conditions as it may deem fit. officers of Board

19. A surveyor shall be entitled to charge the fees at a scale laid down in the Scale
Second Schedule:

Provided that the provisions of this rule shall not apply to a surveyor who is in the
service of the Government.

20. A surveyor shall comply with the rules of professional conduct set out in Part I Rules of professional
of the Third Schedule; and in any case of any alleged breach thereof, the Board shall conduct and
institute disciplinary proceedings in accordance with the rules set out in Part II of the said disciplinary
proceedings
Schedule.

FIRST SCHEDULE

(Rule 4)

FORM OF APPLICATION FOR REGISTRATION

(To be completed by a person applying for registration)

PARTICULARS
Surname. ....................................................................................................................................................................................

(block capitals)
First name ..................................................................................................................................................................................
Date of birth ................................................................................................................................................ sex .......................
Address ......................................................................................................................................................................................
Telephone number ......................................................................................................................................................................

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TRAINING
School, Technical College or University attended (give dates):
....................................................................................................................................................................................................
....................................................................................................................................................................................................
....................................................................................................................................................................................................
....................................................................................................................................................................................................
Nature of course of study:
....................................................................................................................................................................................................
....................................................................................................................................................................................................
Professional examinations passed (give dates):
....................................................................................................................................................................................................
....................................................................................................................................................................................................
....................................................................................................................................................................................................
....................................................................................................................................................................................................
(Documentary evidence or certified copies thereof must be submitted with this application)
Membership of professional organisations (give grade of membership):
....................................................................................................................................................................................................
....................................................................................................................................................................................................
....................................................................................................................................................................................................

PRACTICAL EXPERIENCE
Present employment:
Name of employer ......................................................................................................................................................................
....................................................................................................................................................................................................
Position held .......................................................................................................... Date of appointment ..................................
Nature of work undertaken ..........................................................................................................................................................
....................................................................................................................................................................................................
Previous employment (whole career to date):

Name of employers Nature of work


(give dates) Positions held undertaken

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(If more space is needed please continue on a separate sheet)

DECLARATION
I am not practising or employed in any capacity other than as stated above; nor am I associated with any firm, business,
trade, office or association other than as mentioned above. Neither my professional nor general conduct has been such as
to debar me from membership of any relevant professional body or institution.
I hereby solemly and sincerely declare that the foregoing statements are true in every respect.
Declared at ................................... this ................... day of .......................................................................................... 19 ......
by the said ..................................................................................................................................................................................
(Name of Applicant)
....................................................................................
(Signature of Applicant)
Before me:
....................................................................................
(Commissioner for Oaths)

To: The Secretary.


The Valuation Surveyors Registration Board,
P.O. Box 50027,
Lusaka.

FOR OFFICE USE ONLY


Date application received ............................................................................................................................................................
Fee for registration received ......................................................................................................................................................
Annual subscription received ......................................................................................................................................................
Date presented to the Board ......................................................................................................................................................
Decision ......................................................................................................................................................................................
Date applicant informed ..............................................................................................................................................................
Register number ........................................................................................................................................................................
Remarks:

SECOND SCHEDULE

(Rule 19)

SCALE

PART I

1. The fees set out herein are, except where otherwise stated, exclusive of disbursements, fees Expenses
for plans and copies of documents, and traveling and other expenses, which shall be paid for by the
client to the surveyor in addition to the charges for professional services.

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2. The scale shall be for a full and detailed report, except in the following circumstances: Reduced scale
(a) where a report or valuation has been made on a particular property for the same client, a
reduced fee may, by prior arrangement, be charged for a further report or valuation made
at a later stage;
(b) where instructions are held to carry out work which would normally involve charging fees
under more than one scale, a reduced fee may normally be charged;
(c) where a full report is not required by the client, a reduced fee may, by prior arrangement,
be charged. Such a fee shall not be less than fifty per centum of the normal fee.

3. (1) Where a surveyor acts for two or more parties, the charge shall be one and a half times the Valuations
fee payable under the relevant scale, divisible between all the parties.
(2) The charge for making valuations of a fraction of an estate shall be based on the amount of the
work involved.
(3) The fees prescribed shall not apply to structural surveys.

PART II

1. (1) Subject to the provisions of sub-paragraph (2), the fee payable to a surveyor engaged for Valuations of
the purpose of making valuations of unexhausted improvements shall be in accordance with the unexhausted
following scale: improvements
Valuation Fee
On the first K3,000 .. .. 1.0 per centum
On the next K22,000 .. .. 0.50 per centum
On the residue .. .. .. 0.25 per centum
(2) The minimum fee payable under the provisions of this paragraph shall be three hundred fee
units.

2. The fee payable to a surveyor engaged for the purpose of making valuations of goodwill of a Valuations of goodwill
business shall be in accordance with the following scale: of business
Valuation Fee
On the first K2,000 .. .. 5.0 per centum
On the residue .. .. .. 2.5 per centum

3. (1) Subject to the provisions of sub-paragraph (2), the fee payable to a surveyor engaged by a Valuations of
building society for the purpose of making valuations of unexhausted improvements for a building unexhausted
society mortgage shall be in accordance with the scale of the building society, if any, in force. improvements for
(2) Where a surveyor refuses to accept instructions based on the scale of the building society, the building society
fee payable to him may be by prior arrangement. mortgage

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4. (1) Subject to the provisions of sub-paragraph (2), the fee payable to a surveyor engaged for Valuations of
the purpose of making valuations of unexhausted improvements for an annual rental shall be in unexhausted
accordance with the following scale: improvements for
annual rental
Valuation of- Fee
(a) Agricultural property:
On the first K600 .. .. .. 10.5 per centum
On the next K1,400 .. .. 5.5 per centum
On the residue .. .. .. 2.5 per centum

(b) Other property:


On the first K600 .. .. .. 7.5 per centum
On the next K1,400 .. .. 4.5 per centum
On the next K3,000 .. .. 3.0 per centum
On the residue .. .. .. 2.0 per centum
(2) The minimum fee payable to a surveyor engaged for the purpose of making valuations of any
agricultural property for an annual rental shall be three hundred fee units.
(3) The maximum fee payable to a surveyor engaged for the purpose of making valuations of any
property other than agricultural property for a letting for a period of less than one year shall be by
prior arrangement.

5. The fee payable to a surveyor engaged for the purpose of making valuations for probate shall Valuations for probate
be in accordance with the scale specified in paragraph 1 of this Part.

6. The fee payable to a surveyor engaged for the purpose of making valuations of unexhausted Valuations of
improvements for rating purposes shall be on the basis of time occupied, dependent upon the unexhausted
circumstances of each case and the nature of the work involved, agreed by prior arrangement. improvements for
rating purposes

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7. (1) The fee payable to a surveyor engaged for the purpose of making valuations of any work for Valuations of work for
the compulsory acquisition of property, including negotiating where required, for a settlement, shall be compulsory acquisition
in accordance with the following scale: of property
Amount Fee units
K
On 400 .. .. .. .. 300
On 600 .. .. .. .. 380
On 800 .. .. .. .. 460
On 1,000 .. .. .. .. 550
On 1,200 .. .. .. .. 590
On 1,400 .. . .. .. 630
On 1,600 .. .. .. .. 670
On 1,800 .. .. .. .. 720
On 2,000 .. .. .. .. 760
On 2,400 .. .. .. .. 800
On 2,800 .. .. .. .. 840
On 3,200 .. .. .. .. 880
On 3,600 .. .. .. .. 920
On 4,000 .. .. .. .. 970
On 4,400 .. .. .. .. 1,010
On 4,800 .. .. .. .. 1,050
On 5,200 .. .. .. .. 1,090
On 5,600 .. .. .. .. 1,130
On 6,000 .. .. .. .. 1,180
On 6,400 .. .. .. .. 1,220
On 6,800 .. .. .. .. 1,260
On 7,200 .. .. .. .. 1,300
On 7,600 .. .. .. .. 1,340
On 8,000 .. .. .. .. 1,390
On 8,400 .. .. .. .. 1,430
On 8,800 .. .. .. . . 1,470
On 9,200 .. .. .. .. 1,510
On 9,600 .. .. .. .. 1,550
On 10,000 .. .. .. .. 1,600
On 10,400 .. .. .. .. 1,640
On 10,800 .. .. .. .. 1,680
On 11,200 .. .. .. .. 1,720
On 11,600 .. .. .. .. 1,760
On 12,000 .. .. .. .. 1,810
On 12,400 .. .. .. .. 1,850
On 12,800 .. .. .. .. 1,890
On 13,200 .. .. .. .. 1,930
On 13,600 .. .. .. .. 1,970

Amount Fee units


K
On 14,000 .. .. .. .. 2,020
On 14,400 .. .. .. .. 2,060
On 14,800 .. .. .. .. 2,100
On 15,200 .. .. .. .. 2,140
On 15,600 .. .. .. .. 2,180
On 16,000 .. .. .. .. 2,230
On 16,400 .. .. .. .. 2,270
On 16,800 .. .. .. .. 2,310
On 17,200 .. .. .. .. 2,350
On 17,600 .. .. .. .. 2,390
On 18,000 .. .. .. .. 2,440
On 18,400 .. .. .. .. 2,480
On 18,800 .. .. .. .. 2,520
On 19,200 .. .. .. .. 2,560
On 19,600 .. .. .. .. 2,600
On 20,000 .. .. .. .. 2,650
On 22,000 .. .. .. .. 2,860
On 24,000 .. .. .. .. 3,070
On 28,000 .. .. .. .. 3,490
On 32,000 .. .. .. .. 3,910
On 36,000 .. .. .. .. 4,330
On 40,000 .. .. .. .. 4,750
On the residue .. .. .. 1 per centum
(2) For the purposes of calculating the fee chargeable under the provisions of this paragraph,
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8. (1) Subject to the other provisions of this paragraph, the fee payable to a surveyor engaged for Valuations of furniture,
the purpose of making valuations of furniture, fixtures, trading stocks and effects, shall be in fixtures, etc.
accordance with the following scale:
Amount Fee
On the first K1,400 .. .. 5.5 per centum
On the residue .. .. .. 2.5 per centum
(2) The fee payable under the provisions of sub-paragraph (1) shall be inclusive of the fee for
making or checking inventories of any furniture, fixtures, trading stocks and effects, if required, for
which it is payable.
(3) The fee payable to a surveyor engaged for the purpose of making valuations of antiques,
works of art, fine art, or other similar objects shall be by prior arrangement.
(4) The minimum fee payable under the provisions of this paragraph shall be three hundred fee
units.

9. (1) Subject to the other provisions of this paragraph, the fee payable to a surveyor engaged for Valuations of plant and
the purpose of making valuations of plant and machinery or vehicles shall be in accordance with the machinery or vehicles
following scale:
Amount Fee
On the first K1,200 .. .. 2.5 per centum
On the next K10,800 .. .. 1.5 per centum
On the next K18,000 .. .. 1.0 per centum
On the next K70,000 .. .. 0.5 per centum
(2) The fee payable under the provisions of this paragraph for the valuations of plant and
machinery or vehicles exceeding K100,000 shall be by prior arrangement.
(3) The minimum fee payable under the provisions of this paragraph shall be three hundred fee
units.

10. (1) The fee payable to a surveyor engaged for the purpose of making valuations of fixtures, Valuations of fixtures,
fittings, or contents of the items specified in column 1 shall be at the rate set out directly opposite etc., of hotels, etc.
thereto in column 2, which is the percentage of the valuation of the item:
Column 1 Column 2
Item Fee
Hotels, restaurants, rest-houses or cafes 5.5 per centum
Bars or off-licence premises .. 7.5 per centum
(2) The fee payable under the provisions of sub-paragraph (1) shall be based on the gross amount
of the valuation as settled.
(3) The fee payable to a surveyor engaged for the purpose of making valuations of trading stock
on any licensed premises shall be by prior arrangement.

11. (1) The fee payable to a surveyor engaged for the purpose of making valuations of live and Valuations of live and
dead farming stocks, agricultural plant or fixtures, or of growing crops or other residual dead farming stocks,
improvements, shall be in accordance with the following scale: etc.
Valuation Fee
On the first K400 .. .. 7.0 per centum
On the next K1,600 .. .. 4.0 per centum
On the next K18,000 .. .. 2.0 per centum
On the residue .. .. .. 1.0 per centum
(2) Such fee as is referred to in sub-paragraph (1) shall be based on the gross amount of the
valuation of the property in respect of which it is payable.
(3) The fee payable to a surveyor engaged for the purpose of preparing or adjusting dilapidation,
disturbance or other deterioration of any such property as is referred to in sub-paragraph (1) shall be
on the basis of time occupied.
(4) The minimum fee payable under the provisions of sub-paragraph (1) shall be three hundred
fee units.

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12. (1) Subject to the provisions of sub-paragraph (3), the fee payable to a surveyor engaged for Dilapidations
the purpose of preparing schedules for a landlord and settling the amount, if required, shall be in
accordance with the following scale:
Amount Fee
On the first K2,000 .. .. 8.0 per centum
On the residue .. .. .. 5.0 per centum or 5.0 per centum of the cost of
works executed by the lessee (whichever is the greater)
(2) The fee payable to a surveyor engaged for acting on behalf of a tenant in connection with a
schedule for an amount claimed by the landlord shall be in accordance with the following scale:
Amount Fee
On the first K1,000 .. .. 8.0 per centum
On the residue .. .. .. 5.0 per centum
(3) Where the amount claimed by the landlord is not quantified, the fee payable under the
provisions of this paragraph shall be based on the estimated cost of complying with the landlord's
schedule.
(4) The minimum fee payable to a surveyor under the provisions of this paragraph shall be three
hundred fee units.

13. (1) Subject to the other provisions of this paragraph, the fee payable to a surveyor engaged Inventories
for the purpose of making or checking inventories of furniture and other effects shall, according to the
circumstances of each case, including the status of the surveyor, be by prior arrangement.
(2) The fee payable under the provisions of this paragraph for acting between two or more parties
shall be one and a half times the fee payable under the provisions of sub-paragraph (1), divisible
between all the parties.
(3) In cases involving dilapidations, an additional fee shall be payable under the provisions of this
paragraph; and shall be in accordance with the scale specified in paragraph 12 of this Part.

14. The fee payable to a surveyor engaged for the purpose of preparing reports on the condition of Reports on condition
property shall be on the basis of time occupied. of property

15. (1) Subject to the provisions of sub-paragraph (5), the fee payable to a surveyor engaged for Assessments of
the purpose of making assessments of buildings for insurance shall be in accordance with the buildings and chattels
following scale: for insurance
Amount Fee
On the first K10,000 .. .. 0.25 per centum
On the next K90,000 .. .. 0.15 per centum
On the next K300,000 .. .. 0.1 per centum

(2) The fee payable to a surveyor engaged for the purpose of making assessments of chattels for
insurance shall be in accordance with the scale specified in, and there shall apply the same
considerations as apply to, paragraph 8 of this Part.

(3) The fee payable under the provisions of sub-paragraph (1), for an assessment exceeding
K400,000, shall be by prior arrangement.

(4) The fee payable under the provisions of sub-paragraph (2) shall not be inclusive of the fee for
negotiations with brokers or insurance companies, if any, which shall be on the basis of time
occupied.

(5) The minimum fee payable under the provisions of this paragraph shall be three hundred fee
units.

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16. (1) Subject to the other provisions of this paragraph, the fee payable as commission to a surveyor engaged for the Sales
purpose of selling the items specified in column 1 shall be at the rate or as directly set out opposite thereto in column 2:
Column 1 Column 2
Item Fee
1. Furniture, trading stock, or chttlels .. 7.5 per centum of the amount realised
2. Plant and machinery .. .. By prior arrangement but not exceeding 7.5 per centum of
the amount realised
3. Live and dead farming stock, except
horses, pedigree live-stock, bulls, rams,
boars and poultry .. .. (a) 2.5 per centum of the amount realised on live farming stock
(b) By prior arrangement but not exceeding 7.5 per centum of the
amount realised on dead farming stock
4. Horses, pedigree livestock, bulls, rams,
boars and poultry .. .. 5.0 per centum of the amount realised

(2) The fee payable under the provisions of this paragraph shall not be inclusive of the costs of advertising or other
expenses.

(3) The minimum fee payable under the provisions of this paragraph shall be one thousand two hundred and fifty fee
units.

(4) In the case of a sale by auction, where bids fail to reach the reverse price or are bought in by or on behalf of the
vendor, the fee payable under the provisions of this paragraph shall be one half of the corresponding fee specified in
sub-paragraph (1), based on the reserve or buying-in price.

17. The fee payable to a surveyor engaged for the purpose of dealing with town and country Dealing with town and
planning work shall be on the basis of time occupied. country planning work

18. In those case where charges are to be assessed on the basis of time occupied by a surveyor Charges for time
in connection with the work for which he is engaged, the fee payable to the surveyor shall be at an occupied
hourly rate agreed, by prior arrangement, not exceeding sixteen thousand kwacha per hour,
depending on the circumstances and nature of the work involved.

19. An additional charge may, by prior arrangement, be made by a surveyor for time spent by the Travelling time
surveyor in travelling in connection with the work for which he is engaged; such a charge shall be
assessed in accordance with the rate set out in paragraph 18 of this Part.
(As amended by Act No. 13 of 1994)

THIRD SCHEDULE

(Rule 20)

RULES OF PROFESSIONAL CONDUCT AND DISCIPLINARY PROCEEDINGS

PART I

RULES OF PROFESSIONAL CONDUCT

1. No surveyor shall conduct himself in such a manner as to prejudice his professional status or Conduct
the reputation of the Board.

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The Laws of Zambia
2. No surveyor shall be connected in any way with any occupation or business which is Connection with
incompatible with the work of a surveyor. occupation or
business incompatible
with work of surveyor

3. Every surveyor shall- Clash of interests


(a) when acting for a client whose interests conflict with his own, disclose the relevant facts
to his client; and
(b) ensure that neither he personally nor any firm or company carrying on practice as
surveyors of which he is a partner or director acts for two or more parties with conflicting
interests without disclosing the relevant facts to those parties.

4. (1) Subject to the provisions of sub-paragraph (2), no surveyor shall, in his professional No acceptance of
capacity accept, otherwise than for the benefit of a client, any trade or other commercial discount or discount
commission.
(2) Subject to the provisions of sub-paragraph (1), a surveyor may accept a commercial discount
or commission in respect of goods or services ordered by him on behalf of a client, provided full
disclosure of the acceptance is made to the client.

5. No surveyor shall-
Improper inducement
(a) offer to provide, whether to a prospective client or a third party, any gift or favour in
money or money's worth, designed to secure instructions for work;
(b) with the object of securing instructions or supplanting a fellow surveyor, knowingly
attempt to compete with that surveyor on the basis of fees or commissions;
(c) pay any fees or commissions to persons other than other surveyors for introduction of a
client;
(d) act or offer to act in any capacity in relation to any matter which is the subject of judicial
or quasi-judicial proceedings, either on the footing that no charge shall be made unless
the proceedings are successful or on the footing that the amount of the charge shall be
related to the degree of success attained.

6. No surveyor shall solicit instructions for work in any manner whatsoever: Touting
Provided that the provisions of this paragraph shall not, in the case of a regular client, apply unless
the surveyor knew or ought to have known that the work in question had already been entrusted to
another surveyor.

7. Every surveyor shall-


Separate bank
(a) keep in one or more bank accounts, separate from his own, his firm's or his company's accounts
bank account as the case may be, any moneys held by or entrusted to him, his firm or his
company in any capacity, other than that of beneficial owner; and
(b) at the due time, account to all the parties entitled thereto for all moneys held as
aforesaid, less any legitimate deduction therefrom.

8. No surveyor shall carry on practice as a surveyor under any such name, style or title as to No prejudicial name,
prejudice his professional status or the reputation of the Board. style or title

9. Every surveyor shall ensure that the form, content and method of publication or distribution of Publication or
any advertisement, article, leaflet, brochure or other publicity material of any kind whatsoever, distribution of
published, issued or authorised by him are neither misleading to the public nor such as to prejudice advertisement, etc.
his professional status or the reputation of the Board.

PART II

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia


The Laws of Zambia

RULES OF DISCIPLINARY PROCEEDING

1. The conduct of any accused shall be considered by the Board of its own accord or upon a When Board may
complaint made by or on behalf of any person aggrieved by reason of the alleged misconduct and, if institute inquiry
deemed necessary, further inquired into by the Board.

2. The Board may require a complainant to file further particulars of any of the matters of which Complaints
he complains and may require the complaint or any part thereof to be verified by an affidavit.

3. The Board shall, by notice sent to the accused by registered post, addressed to his place of Explanation in answer
business appearing in the register or to his last known address, inform the accused of the complaint to complaint
made against him; and shall call upon the accused to file within ten days of the date of posting such
notice his explanation, verified by an affidavit, in answer to the complaint.

4. The Board may summon before it any accused and may call upon him to produce any Power to subpoena
document, valuation, paper, drawing, or other writing in his possession or under his control in any accused
way relating to or concerning the complaint or matter under investigation; and shall hear any relevant
evidence and inspect any relevant documents which the complainant or the accused may desire to
adduce.

5. The accused shall, in a case in which his conduct is complained of or appears to the Board to Appearance of
require or is under investigation, have the right to appear before the Board and to be heard, either in accused
person or through his legal practitioner, and may call such evidence and produce such documents as
may be relevant to the case.

6. Should the accused not appear in a case in which his conduct is complained of or appears to Non-appearance of
the Board to require or is under investigation and not file an explanation thereof, the inquiry may accused
proceed forthwith.

7. At any inquiry held under the provisions of these Rules, all verbal evidence shall be taken on Evidence on oath
oath.

8. The Board may, after having duly inquired into the conduct of any accused who is found guilty Penalties
of a breach of the rules of professional conduct-
(a) take no further action against the accused;
(b) caution the accused;
(c) suspend the registration of the accused; or
(d) strike out of the register the name of the accused.

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

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