Building Surveys and Technical Due Diligence of Commercial Property 2010 1

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GN 63/2010

Building surveys and technical due RICS Practice Standards, UK


diligence of commercial property
4th edition, guidance note

The fourth edition of this guidance note aims to provide surveyors with
Building surveys and technical due
information and guidance in respect of commercial property surveys.
It covers:
diligence of commercial property
• taking instructions; 4th edition, guidance note
• survey preparation;
• inspection; and
• reporting.
Also included are appendices comprising:
• a summary of insurance issues;
• a summary of legal issues; and
• useful sources of information and further reading.

rics.org/standards rics.org/standards
Building surveys and technical due diligence
of commercial property

RICS guidance note


4th edition (GN 63/2010)
Published by the Royal Institution of Chartered Surveyors (RICS)
Surveyor Court
Westwood Business Park
Coventry CV4 8JE
UK
www.ricsbooks.com
No responsibility for loss or damage caused to any person acting or refraining from action as a result of the material included in this publication can
be accepted by the authors or RICS.
Produced by the Building Surveying Professional Group of the Royal Institution of Chartered Surveyors.
First edition published 1983 (previous title Guidance note on structural surveys of commercial and industrial property)
Second edition published 1998 (previous title Building surveys and inspections of commercial and industrial property)
Third edition published 2005 (previous title same as second edition)
ISBN 978 1 84219 627 4

 Royal Institution of Chartered Surveyors (RICS) November 2010. Copyright in all or part of this publication rests with RICS, and save by prior
consent of RICS, no part or parts shall be reproduced by any means electronic, mechanical, photocopying or otherwise, now known or to be
devised.

Typeset in Great Britain by Columns Design Ltd, Reading, Berks

Printed in Great Britain by Annodata Print Services, Dunstable, Beds


Contents

RICS guidance notes 1


Acknowledgments 2
1 Introduction 3
2 Taking instructions 4
2.1 Key items 4
2.2 Vendor surveys 5
2.3 Client requirements 5
2.4 The premises 7
2.5 Confirming the instruction 8
2.6 Third party consultants and their appointment 8
2.7 Scope of services and RICS appointment forms 9
2.8 Working in Europe 9
3 Preparing for the survey 11
3.1 General guidance 11
3.2 Administration 11
3.3 Equipment 12
3.4 Health and safety for the surveyor 12
4 The inspection 14
4.1 General principles 14
4.2 Inspection, note taking and reflective thought 14
4.3 Main building elements 15
4.4 Building services 18
4.5 External areas, outbuildings and boundaries 18
4.6 Health and safety considerations 18
4.7 Fire precautions 19
4.8 Accessibility 19
4.9 Environmental considerations 19
4.10 Deleterious and hazardous materials 20
4.11 Sustainability issues 20
4.12 Cultural heritage 20
4.13 Matters for the legal adviser’s attention 20
5 The report 22
5.1 General guidance 22
5.2 Report layout 22
5.3 Report contents 23
Appendices 26

A Insurance 26

A1 Compulsory professional indemnity insurance regulations 26


A2 Merrett v Babb 26
A3 Professional indemnity insurance 26
A4 Private work 26

BUILDING SURVEYS AND TECHNICAL DUE DILIGENCE OF COMMERCIAL PROPERTY | iii


A5 Subrogation 26
A6 Third party rights 26
A7 Third party liability insurance 27
A8 Working outside of the UK and Ireland 27
A9 New legislation and disciplines 27
B Legislation and legal issues 28
B1 Duty of care 28
B2 Negligence 28
B3 Contract and limitation 28
B4 Legislation 29
B5 Civil Procedure Rules 29
C Useful information sources 30
C1 Links 30
C2 Further reading 30

iv | BUILDING SURVEYS AND TECHNICAL DUE DILIGENCE OF COMMERCIAL PROPERTY


RICS guidance notes
This is a guidance note. It provides advice to
RICS members on aspects of their practice.
Where procedures are recommended for
specific professional tasks, these are intended
to embody ‘best practice’, i.e. procedures which
in the opinion of RICS meet a high standard of
professional competence.
Members are not required to follow the advice and
recommendations contained in the note. They
should, however, note the following points.
When an allegation of professional negligence is
made against a surveyor, the court is likely to take
account of the contents of any relevant guidance
notes published by RICS in deciding whether or not
the surveyor had acted with reasonable
competence.
In the opinion of RICS, a member conforming to
the practices recommended in this note should
have at least a partial defence to an allegation of
negligence by virtue of having followed those
practices. However, members have the
responsibility of deciding when it is appropriate to
follow the guidance.
On the other hand, it does not follow that members
will be adjudged negligent if they have not followed
the practices recommended in this note. It is for
each surveyor to decide on the appropriate
procedure to follow in any professional task.
However, where members depart from the practice
recommended in this note, they should do so only
for a good reason. In the event of litigation, the
court may require them to explain why they
decided not to adopt the recommended practice.
Also, if you have not followed this guidance, and
your actions are called into question in an RICS
disciplinary case, you will be asked to justify the
steps you did take and this may be taken into
account.
In addition, guidance notes are relevant to
professional competence in that each surveyor
should be up-to-date and should have informed
him or herself of guidance notes within a
reasonable time of their promulgation.

BUILDING SURVEYS AND TECHNICAL DUE DILIGENCE OF COMMERCIAL PROPERTY |1


Acknowledgments
This guidance note was produced by the RICS Building Surveying Professional Group under the direction of
a working group. RICS would like to express its thanks to the following who contributed to its development.

Working group
Ian Bragg, BSc MRICS, GVA Grimley Ltd
Laura Brazil, RICS
Alex Charlesworth, BSc (Hons) MRICS, Cushman & Wakefield LLP
Nevin Hutchinson, BSc (Hons) MRICS, King Sturge LLP
David Mann (Chair), BSc (Hons) MRICS, Tuffin Ferraby Taylor LLP
Trevor Rushton, FRICS ACIArb FBEng, Watts Group plc

The working group expresses its thanks in particular to the following contributors:
Pat Coleman, Faber Maunsell | AECOM
Michael Earp, FINEX Global, Willis Limited
Jason Juden, SJ Berwin LLP
Glyn Thomas, Land Securities Properties Ltd

2 | BUILDING SURVEYS AND TECHNICAL DUE DILIGENCE OF COMMERCIAL PROPERTY


1 Introduction
This guidance note has been prepared to provide + assess the needs of the client;
surveyors and clients with a source of information
and guidance in respect of commercial and + consider the extent of the investigations to be
industrial property surveys. Such surveys may also made, advise on the limitations of the agreed
include large residential apartment buildings. inspection and obtain instructions from the
client for any additional services required (the
This guidance is written to apply to England and life cycle flow chart on page 6 refers to typical
Wales, although much of its content is equally building survey types);
applicable elsewhere. It is operative from October
2010 from which time the RICS publication Building + undertake an impartial and professional
surveys and inspections of commercial and assessment of the property and its condition,
industrial property, 3rd edition, ceases to be RICS and report to the client in the detail and style
guidance. necessary to provide a balanced professional
opinion to the extent required by the agreed
General guidance of this nature cannot cover all
instructions; and
circumstances and each property should be
assessed on an individual basis having regard to + comply with the agreed instructions, which
the specific needs of the client. The guidance should have been confirmed in writing, and
offered is considered adaptable for all types of form the basis of the contract between the
commercial and industrial property. It is accepted client and the surveyor.
that surveyors may well have good reasons for not
following all aspects of this guidance note. It is for The benefits to the client of commissioning a
the surveyor to decide upon such issues depending building survey, whether a prospective purchaser,
on the individual circumstances, e.g. nature of occupier or investor in property includes:
construction or site conditions.
+ gaining an understanding of the condition and
This is not intended to be an instruction manual or design of the property;
a guide detailing a step-by-step process which
must be followed. It aims to set out the general + establishing the suitability of the property for its
principles which should be adopted when intended use;
undertaking a building survey.
+ understanding the need for, and quantifying,
RICS is concerned that members only hold future costs and other liabilities;
themselves out to be competent in fields for which
their training and background experience are + providing a level of protection for institutional
appropriate and relevant. It is important that investors or funders; and
surveyors undertaking commercial and industrial
building surveys have relevant experience in this + providing a basis for negotiation with the
field, have appropriate knowledge of building vendor or landlord.
construction and are sufficiently skilled to inspect
This guidance note has been prepared by a group
and report on the particular property involved.
of experienced surveyors connected with the
Surveyors providing commercial and industrial commercial property industry. A full list of those
building surveys and associated services are contributing to the guidance is shown in the
advised to: acknowledgments section.

BUILDING SURVEYS AND TECHNICAL DUE DILIGENCE OF COMMERCIAL PROPERTY |3


2 Taking instructions
2.1 Key items + include the surveyor’s standard terms of
business; and
It is important to remember that the client may not + are there any pre-qualifications required (non
be familiar with the range of services that the disclosure agreement, Criminal Records Bureau
surveyor is able to offer. When a client asks for a checks, Official Secrets Act 1989, rail track side
survey, it is recommended that the surveyor asks training, etc.).
questions to ensure that the type of survey being
Depending on the particulars of the arrangements,
requested is the right one for the circumstances.
the surveyor may also need to consider:
For example, if a client asks for a schedule of
condition, the client may mean a building + insurances (see also Appendix A, Insurance);
inspection report. The surveyor should assess the + the client’s indemnification of the surveyor
needs of the client and advise on all of the services against damage caused if opening up is
that can be provided. required as part of the survey;
+ the procedures to be followed in the event of a
There are key items common to confirming
dispute;
instructions no matter what the commission or
scope of work. These are recommended as basic + personal guarantees for payment from directors
good administration and may include confirming: of small companies;
+ precisely who the client/other parties are, i.e. + advance payments;
investors and occupiers; + additional charges for time spent attending post
+ precisely what service is to be provided; survey meetings;

+ precisely who the surveyor/surveying company + an agreement with the client on the level of
is; reliance (i.e. assignment); and

+ what is not being provided (e.g. a valuation); + depth of document review the surveyor is to
carry out.
+ the detailed limitations on the scope of the
survey and report; The surveyor may consider capping the time spent
reviewing the documentation and reserve the right
+ the date of the instruction;
to charge additional fees. For example, the
+ involvement of other consultants or contractors documents may be held at a different location, or
and the extent of their appointment (e.g. on the surveyor may be required to locate relevant
behalf of the client); documents among boxes of associated property
+ the timescales for completing the instruction information.
and any intermediate stages;
It is important to make the client aware of the
+ what the fee will be; practical limitations of any inspection or survey
+ how variations to the instruction will be exercise. In any building, but particularly large
assessed; buildings or complexes of buildings, there are
literally hundreds of items that may need to be
+ specialist access required, access restrictions
checked. Many of them will be hidden and/or
and health and safety;
inaccessible. Repetitive items (such as windows)
+ how the fee will be claimed/become payable will normally only be checked on a sample basis.
and the charges for late payment; However, a client will reasonably expect that all
+ how the fee will be calculated if the instructions major defects (or potential major defects) and
are aborted early; issues would be addressed.
+ whether disbursements are included or not, in In addition to what the surveyor considers to be a
particular where access hoists are required; priority for the specific exercise being undertaken,

4 | BUILDING SURVEYS AND TECHNICAL DUE DILIGENCE OF COMMERCIAL PROPERTY


the client’s perception of what is important needs to be investigated and included within the
to be addressed. The perceived priorities may not confirmation of instructions.
be the same. For example, the priorities will change
where a client is purchasing a property for either 2.2 Vendor surveys
investment purposes, or for its own occupation.
Vendor surveys are undertaken with a view to
It is also recommended that the surveyor deals with
collating all due diligence documentation before the
the issue of liability for the report – whether or not
property goes to the market and benefit passes to
the surveyor is willing for the liability to be passed
the purchaser. Vendor surveys avoid the need for
to a third party. Therefore reference to, or exclusion
surveys by each purchaser’s team and enable
from, the Contracts (Rights of Third Parties) Act
sellers to ‘put their house in order’ should the
1999 ought to be considered. The surveyor may
reports identify issues. All potential purchasers will
wish to limit assignments to one or two parties
therefore be basing their offers on the same
only, subject to the surveyor’s insurance terms, with
information and without the need for a ‘subject to
a requirement for further assignments to be subject
survey’ condition. With regard to vendor surveys, it
to written consent (and not be unreasonably
is worth considering the following.
withheld). Surveyors should refer to their
professional indemnity insurance (PII) cover for The client’s report is likely to be assigned to the
specific conditions. Refer to Appendix A for purchaser following completion of the sale.
insurance information. Readdressing the report is unlikely to maintain the
contractual links, as the report would have been
Similarly, the surveyor is recommended to clarify prepared for the seller, not the purchaser.
the extent of liability for specialist sub-consultant Subsequently, the surveyor is likely to be required
reports, whether or not the sub-consultants are to enter a third party agreement with the potential
directly engaged. It would be appropriate to ensure purchaser, which may also extend to the funders.
that the level of detail included in the agreement This is usually undertaken in excahnge for a
with the client is at least replicated in any nominal payment.
agreement with a specialist sub-consultant or
contractor. In circumstances where a sub- The surveyor’s instructions ought to be varied to
consultant is appointed on behalf of the client, this include reference to the Contract (Rights of Third
ought to be stated and that the surveyor is not Parties) Act and willingness for liability to be
responsible for the content of the report. passed to a third party. The surveyor may wish to
limit assignment to one or two parties only, subject
Instructions may come from term commission to the surveyor’s insurance terms, with a
arrangements where contract details may have requirement for further assignments to be subject
been agreed at some time in the past. These need to written consent (and not to be unreasonably
to be reviewed, and in such cases care should be withheld).
taken to ensure that the formalisation of individual
The third party agreement is sometimes called the
instructions under a term commission is completed
‘duty of care’ or ‘reliance’ letter. The wording can
in each and every case (for example, purchase/
be agreed at the time the surveyor is appointed to
works orders and pro forma approvals). The
undertake the survey, and the content ought to
surveyor should ensure that the instruction is
comply with the surveyor’s PII conditions. For more
properly established and that a contract exists
information on duty of care and other legal issues,
before starting the identified task.
see Appendix B.
Beyond these basic principles, it is advised that
further areas of detail particular to industrial and 2.3 Client requirements
commercial premises are confirmed at instruction
stage. These generally relate to the client’s Having a clear understanding of the client’s
intentions for the premises, the physical and intentions for the premises is important, as there is
operational particulars of the premises, and health a range of survey types that could be undertaken.
and safety issues. The divisions between these The life cycle flow chart (Figure 1) will offer
areas can be blurred, but all of these items ought direction for the surveyor in this regard.

BUILDING SURVEYS AND TECHNICAL DUE DILIGENCE OF COMMERCIAL PROPERTY |5


It is important to establish why the client requires
the information and possibly guide a client that is
not fully conversant with the options for various
types of survey and professional services available.
This may include specialist support from other
disciplines. Where such specialists are to be
appointed, their liability should be direct to the
client in order to secure privity of contract. Where
this is not the case and the appointment is as a
sub-consultant direct to the surveyor, the matter of
liability needs to be clearly identified and defined.

2.3.1 Tenure information


The surveyor’s ability to provide a definitive report
may be severely compromised without a full copy
of the lease and/or other title documents. They are
key to determining the client’s liabilities with regard
to the premises. Where documents are missing, the
surveyor ought to make reasonable assumptions or
appropriate exclusions and state what these are
within the report.

2.3.2 Proposed use


The surveyor is advised to try and determine the
client’s intention in acquiring the building and any
special requirements that the client may have. The
surveyor should also understand how the client’s
undertaking or operations will affect the premises
and surroundings. It may be appropriate to consult
an operational specialist in the field (possibly from
the client’s own staff) to assist in the survey and
report. If the client has intentions to physically alter
the building, this will affect the scope of the report
and will likely lead the surveyor to engage specialist
engineering assistance.

2.3.3 Report format


The surveyor may consider showing the client
examples of alternative report formats for
consideration, and the following questions could
also be included.
+ Should photographs be included?
+ To reduce waste, can electronic copies be
provided in PDF format only? If the client
requires paper copies, how many should be
provided?
+ Are any copies to be issued directly to other
parties authorised by the client, such as legal
advisers?

6 | BUILDING SURVEYS AND TECHNICAL DUE DILIGENCE OF COMMERCIAL PROPERTY


+ How should the report be delivered, e.g. by overlooked or underestimated. It should not be
normal post to an office address or by secure seen as unreasonable to expect a client to provide
delivery to a named individual? an accurate detailed address, including a postcode.
+ Are costs for works or repairs identified in a The extent of the survey may also need to be
report to be included? If so, how detailed do confirmed for large premises, where not all of the
they need to be and on what basis are they to building or site is to be included. Properties in
be assessed – the use of schedules of rates, for multiple occupancy, ill-defined industrial sites,
example? outbuildings and yards are among those that can
2.3.4 Coordination pose problems in this area. It is recommended that
the surveyor asks the client to provide definitive
Commercial surveys will typically involve a team of direction, usually by reference to a property title
individuals (surveyors, engineers, environmental document. However, the surveyor should bring any
consultants, etc.) contributing to a single report. obvious areas of inaccuracy or uncertainty to the
Where these are appointed separately by the client, client’s attention. Confirmation of instruction to the
it is important to clarify with the client who will be client should also include a marked up plan or
taking the responsibility to coordinate these other written definition of the area to be surveyed.
individuals to ensure that the information they
produce is correct and delivered in a timely fashion.
Whoever takes on this responsibility should expect 2.4.2 Access
that the client will make this clear to all the
Confirmation that all areas of the building will be
members of the team.
accessible on the dates agreed for the survey(s) is
2.3.5 Time advisable. It is also important to check in advance
whether roof access is available from within the
In agreeing a timetable with a client, the surveyor is
building (i.e. roof hatches) for flat roof inspections,
recommended to detail the time necessary to:
or whether separate ladder or platform access is
+ carry out the various surveys;
required and needs to be organised, internally or
+ complete research and tests; and externally, via a caretaker or local contractor.
+ prepare and submit the report.
Tenant notice period or other access restrictions
If the surveyor feels insufficient time is being also need to be ascertained. The fee arrangements
allowed, he or she should notify the client. could detail the costs of return visits to sites if
The surveyor needs to be aware that responsibility access is not available as expected.
will remain with him or her when accepting When arranging the inspection, consideration
instructions for quick ‘walk round’ surveys which should also be given to section 3 of the Health and
do not allow sufficient time for a full evaluation. Safety at Work etc. Act 1974 regarding general
When accepting such instructions, surveyors ought duties of employers and the self-employed to
to ensure that clients are fully aware that persons other than their employees.
compromising on the time allowed may result in a
limited report. Balancing time, cost and quality in
order to achieve the client’s objectives is frequently 2.4.3 Occupation
difficult as they are often in conflict with one
The surveyor will benefit from knowing what parts
another, hence the necessity to establish priorities
of the building will be occupied as this may restrict
with the client when agreeing the brief. These can
the survey. For example, it may be that out-of-
be modified by agreement as the project proceeds.
hours inspections will be needed for noisy or
otherwise intrusive investigations. Similarly, the
2.4 The premises
operational processes or activities being
undertaken in the premises may bar the surveyor
2.4.1 Location and size from specific areas at certain times.

The importance of precisely identifying the areas to The surveyor may benefit from knowing if the
be covered within the survey should not be premises, or parts thereof, are vacant. It is also

BUILDING SURVEYS AND TECHNICAL DUE DILIGENCE OF COMMERCIAL PROPERTY |7


important to establish any requirements for privacy they cannot be amended without the client’s
of any party, or a need for a confidential approval. It is not essential that the client provides
agreement. confirmation of acceptance of the conditions;
however, it is advisable for the surveyor to request
The fact that the property may still be under
that the client signs and returns a copy of the letter
construction or subject to ongoing refurbishment
of confirmation to show acceptance of the terms
should also reported to the surveyor.
and conditions of the engagement.
Typically, a client’s phone call or email/letter invites
2.4.4 Documentation the surveyor to undertake a survey but with no
If available, copies of current statutory and other mention of terms. The surveyor’s return letter,
documentation should be requested as part of the setting out the terms, then constitutes the ‘offer’ in
evaluation for the inspection or the report. It would legal terms, although the client may see it as an
be prudent to request these at the outset if for no acceptance of the initial invitation. The surveyor is
other reason than it may take some time to locate recommended to press for and obtain formal
the required documents. The following is a list of acceptance of the offer. It may be easier if the
typical documents which may be available (along surveyor provides the client with a copy of the
with those listed in section 3.2.2): terms that can be readily signed and returned by
+ health and safety file; way of acceptance.
+ licences for alterations; Experience suggests that more often than not
+ fire risk assessments/fire certificates; disputes are based on there not being a clear
understanding of the terms at the outset. Therefore,
+ planning approvals;
written confirmation of instructions is becoming
+ listed building or conservation area status; more of a requirement where court action is
+ building control approvals and completion necessary to recover debt. When instructions are
certificates; received through a third party, the surveyor is
+ asbestos documentation; recommended to take all reasonable steps to
+ access audits; ensure that the confirmation of instruction is
forwarded to the actual client in full.
+ Energy Performance Certificates (EPC) and
Display Energy Certificates (DEC); and In the absence of any clause to the contrary, there
is an implied term at common law in a contract
+ existing survey reports.
between a professional and a client, that work
The Internet is an excellent source of information, should be carried out with the skill and care
and a list of useful websites is included in reasonably to be expected of a competent person
Appendix C of this guidance note. exercising the particular calling and profession and
the particular skill in question.
2.5 Confirming the instruction
2.6 Third party consultants and their
The client’s instructions are often given by appointment
telephone, and it is important that the basis of the
contract is agreed before the survey is undertaken. Given the complex nature of commercial property
Whilst it is possible to establish a contract verbally, inspections, appointing consultants from other
the surveyor is strongly recommended to ensure disciplines may be required to help prepare
that any instruction is formalised in writing. Email or technical due diligence investigations – for
letter is acceptable and should include all of the instance, mechanical and electrical consultants.
points covered in this section. Such specialists may be appointed in several ways,
including those discussed in the following lists.
Confirmation should be sent out as soon as
possible, confirming the client’s instructions 1 Direct appointment by the surveyor
including the terms, conditions and limitations + The surveyor should ensure the cost for the
which have been agreed, remembering that once consultant is covered within the surveyor’s
these ‘terms of engagement’ have been decided, own appointment.

8 | BUILDING SURVEYS AND TECHNICAL DUE DILIGENCE OF COMMERCIAL PROPERTY


+ The level of the consultant’s own PII should direct or indirect appointment should be made
be checked. There may be a shortfall clear. The surveyor may also consider stating that
between the level agreed directly with the he or she cannot be held responsible for the
client, which will leave the surveyor’s PII report’s content.
exposed.
2.7 Scope of services and RICS
+ An agreement on a detailed scope of
service, timescales and requirements should appointment forms
be made between the surveyor and the
consultant. Many surveyors and surveying firms have adopted
their own specific scope of services. Alternatively,
+ The surveyor will be responsible for
the surveyor may wish to use standard
coordination and delivery, as well as content
appointment documents provided by RICS. These
of the consultants report. Therefore,
are available to RICS members to download from
reviewing the report before delivering it to
the RICS website (www.rics.org/site/scripts/
the client is recommended.
documents.aspx?categoryID=454).
2 Direct appointment by the client
Surveyors may find it helpful to consult their PII for
+ In these circumstances, the client will be
specific conditions before any appointment.
responsible for payment of the consultant’s
fees and briefing, as the contract will be
2.8 Working in Europe
directly between the client and consultant.
+ The surveyor may be asked to review the
consultant’s report. 2.8.1 Key issues
3 Indirect appointment by the surveyor on behalf The use of building surveyors within European
of the client countries is gaining more popularity, so it is
+ In many cases, the client would prefer the important that RICS addresses some of the issues
surveyor to coordinate and organise all sub- arising from this trend in order to maintain a
consultants and act as lead during the due consistent level of service across Europe, Middle
diligence process. As a result, the client East and Africa (EMEA) region. Many clients
may require the appointment of sub- appoint building surveyors because they have
consultants on his or her behalf. commercial awareness of what an investor, for
instance, is looking for and wants. Many clients
+ If the surveyor chooses the consultant, the also think of Europe as a single entity.
choice should be clarified with the client
before appointment. Whilst building surveying as a profession is gaining
a reputation across EMEA, it is important for
+ The surveyor should establish the terms of
surveyors to recognise that different countries have
the sub-consultant’s appointment and
different professions undertaking similar services.
obtain client agreement, together with
Indeed, some countries have several professions
confirmation that payment of the sub-
performing the same, or parts of the same, service
consultant’s fees will be covered.
that a building surveyor may offer.
+ The surveyor should confirm with the client
that the former is not responsible for the There are a number of key issues that need to be
content of the sub-consultant report. established before taking instructions.

The surveyor ought to ensure that all PII conditions + Clients require a consistent level of service in
have been met in all circumstances. The surveyor both the UK and Europe. Surveyors should only
may insert a copy of the consultant’s report into his accept instructions if these can be adequately
or her own report within the appendices, but it resourced and standards maintained.
must not be altered. Salient issues may be + Surveyors should assess each instruction and
extracted and used in the surveyor’s report, though establish whether limited local knowledge will
the source should be quoted and whether it was a be a barrier.

BUILDING SURVEYS AND TECHNICAL DUE DILIGENCE OF COMMERCIAL PROPERTY |9


+ Many countries have legal barriers to operation, is important to speak to local personnel or
so it may be helpful to research these before facilities managers, as well as looking at local
entering into a contract. documentation. Alternatively, some firms work
+ There are legal differences, not only in other with local building experts to avoid the
countries but also between federal states or problems of law and language.
regions within countries, and surveyors ought to + Surveyors should be aware that local law and
acquaint themselves with each country’s EU legislation are liable to change and keep
specific issues, preferably before accepting themselves fully up to date.
instructions.
+ Value added tax (VAT) issues are complex, and
+ Some clients want their buildings compared to
UK VAT should always be considered according
UK standards and regulations to provide a
to the specifics of a transaction.
consistent benchmark.
+ Communication can be a clear barrier, and For further information on working within
whilst English is the accepted language of Continental Europe please refer to the RICS best
business, there are many instances where it is practice and guidance note for Technical due
essential to communicate in the local language diligence of commercial, industrial and residential
in order to complete the instruction. For property in continental Europe, 1st edition, to be
instance, to undertake an acquisition survey it published in 2011.

10 | BUILDING SURVEYS AND TECHNICAL DUE DILIGENCE OF COMMERCIAL PROPERTY


3 Preparing for the survey
3.1 General guidance are often willing to share, or even identify,
background issues that might not be apparent from
Preparation for a survey starts with obtaining the spending a single day within the premises, but
client’s clear instruction, and with the surveyor which might be useful for inclusion within reports.
understanding the client’s objectives in order to Advance contact by phone to arrange access and
provide useful advice that is targeted at addressing perhaps escorted inspections is the time to try to
the client’s future plans. strike up a friendly rapport.
Industrial and commercial surveys usually involve a When arrangements are being made to carry out an
team of surveyors and professionals from inspection of the property, especially when it is
associated disciplines, often from different occupied, it is important that these arrangements
practices and/or businesses. Clear lines of are confirmed directly with the occupiers. Such
communication between members of the team confirmation may include the following (pending the
need to be established at the outset, in order for client’s privacy requirements):
everyone to understand the context of their own
+ confirmation of the surveyor’s appointment;
contribution and to prevent errors or duplication in
data gathering. + purpose of the survey (subject to client
confidentiality);
3.2 Administration + dates and access arrangements and with whom
the arrangements have been made;
+ name(s) of the surveyor(s) and others who will
3.2.1 Who, when and where
be involved;
Getting the right person to the right place at the
right time requires planning and forethought if the + an estimate of the time likely to be required for
survey team is to be effective. Getting a the survey;
combination of maybe five, six or more skilled and + requirement of gaining access to all parts of the
expensive individuals to the same place at relatively premises, ensuring that keys and escorts, etc.
the same time can be difficult, particularly when are available;
they may be from different companies and + a request for a letter of authority for access to a
geographic regions and often are meeting at site where this is relevant;
relatively short notice. Furthermore, getting
+ a request for details of any known risks or
everyone to produce the correct information and in
hazards; and
the correct format, in time for it to be reviewed,
collated and commented upon before the delivery + clarification of requirements for a site induction.
date expected by the client requires much effort
Drawings are of great benefit but are not always
and planning.
available or, if they are, site staff may not know
The surveyor is recommended to clarify with the their whereabouts. If none are forthcoming, a good
client on who has the responsibility to coordinate tip is to seek out a fire safety plan. This will often
and instruct any specialist surveys and reports be available on site, and the surveyor may be able
associated with the surveyor’s survey. If neither to borrow it to copy or even photograph it. It may
have been appointed as the coordinator, both the not be dimensionally accurate but will give a good
surveyor and the client need to establish who the outline plan of the premises.
specialists should report to with their contributions.
Any items of information that the client has not
3.2.2 Occupiers – valuable sources of been able to provide may be available from the
information occupiers. The surveyor ought to review what he or
It is recommended that surveyor establish good she has and seek to update it. Enquiries may be
relations with individuals at the premises as they made on such matters as:

BUILDING SURVEYS AND TECHNICAL DUE DILIGENCE OF COMMERCIAL PROPERTY | 11


+ structural alterations or works for which 3.4 Health and safety for the surveyor
drawings may be available;
+ guarantees in respect of the premises or its It is advisable to undertake a risk assessment and
services; to try to have a full understanding of the premises
+ local issues (e.g. flooding or boundary and their current condition before embarking on the
disputes); task. The risk assessment can be in any form that
is appropriate for the task at hand, but it is strongly
+ items of fixed equipment likely to be removed
recommended that it is recorded and filed.
by the occupiers;
+ records of service agreements on items of A brief inspection prior to commencing the survey
plant; should be performed in order to spot areas of
evident or potential danger. Familiarity with RICS
+ records of statutory undertaker’s accounts over
Surveying safely (2006) publication is advisable and
a relevant period;
can be supplemented with information about the
+ records of the testing of life safety systems; particulars of the subject premises.
+ health and safety matters;
+ water hygiene and Legionella reports; 3.4.1 The premises
+ planning and building control applications and The size of the premises (including surrounding
approvals; areas and outbuildings), their height and extent can
+ operations and maintenance manuals; all be assessed prior to the survey, and the tools
+ asbestos registers; and other required preparations arranged.
+ access audits; The presence of fragile surfaces should be
+ radon tests; and identified, along with the adequacy of items such
+ high alumina cement (HAC) tests. as walkways, roof edge protecting and asbestos
encapsulation. A roof surface should always be
3.3 Equipment treated as fragile and not walked upon, unless
known to be otherwise (e.g. concrete slab).
Standard construction site personal protective If the premises, or parts thereof, have been vacant
equipment (PPE), such as hard hats and boots, for any length of time there may be a risk that
may not be appropriate for survey work, but that is building elements have failed or may be failing.
dependent on the activities at the premises. Items Caution is recommended when entering such
typically required for a survey include: areas.
+ coveralls;
+ disposable class FFP2 face masks; 3.4.2 Activities in and around the premises
+ goggles;
The activities being undertaken in the premises (or
+ gloves (latex and heavy duty); and on adjacent and nearby premises) may pose risks
+ ear defenders/plugs. to the surveyor. Prior to the survey, the surveyor is
advised to find out the activities and any resultant
If working in or around trafficked areas (goods
necessary precautions.
yards or loading bays, for example), wearing a high
visibility jacket and site boots will be required. It is likely that heavy industrial, chemical,
petrochemical and other well established
The surveyor is not expected to use cradles or
manufacturing processes will have detailed
other fixed access equipment including safety
guidance for the surveyor to follow. In the absence
wires. However, if they are needed, the surveyor
of such detailed guidance, the surveyor needs to
should have proper training, be authorised to do
establish that the processes pose no risk.
use them and wear an appropriate safety harness.
Areas to be considered include:
It would probably be more appropriate to engage a
specialist to undertake tasks requiring the use of + working close to plant or machinery;
such equipment. + working at height;

12 | BUILDING SURVEYS AND TECHNICAL DUE DILIGENCE OF COMMERCIAL PROPERTY


+ working in confined spaces; presence? Will the surveyor contaminate or
+ traffic movements; otherwise damage the process or its product?
+ excessive noise;
+ excessive heat or cold;
3.4.3 The surveyor
+ vibration; Much is presumed about a surveyor’s competency
to complete a survey safely. When being retained, a
+ presence of microwaves, radiation and
surveyor is often quizzed on technical and
electromagnetic field;
professional matters but rarely on practical issues
+ chemical emissions; surrounding surveys. The employer has a
+ increased hygiene needs (e.g. food preparation responsibility to ensure that the surveyor is not put
areas); at risk, but it is similarly the responsibility of the
+ biohazards and asbestos containing areas; surveyor to bring such limitations to the employer’s
attention so that they can be addressed.
+ time restrictions;
+ unoccupied areas and one-way opening doors; A surveyor lacking understanding or confidence in
and these areas is recommended to read various Health
and Safety Executive (HSE) publications regarding
+ security areas.
the use of ladders and working on roofs, and
It is worth considering what risk the surveyor’s advice from the Suzy Lamplugh Trust, which deals
presence may pose to the operation of the with lone working issues. Refer to Appendix C for
premises. Will staff be aware of the surveyor’s links to this Trust and other relevant organisations.

BUILDING SURVEYS AND TECHNICAL DUE DILIGENCE OF COMMERCIAL PROPERTY | 13


4 The inspection
4.1 General principles 4.2 Inspection, note taking and
reflective thought
The degree of inspection will depend on the
purpose of the survey, the practical limitations in To comply with the terms and conditions of
undertaking it and the intent of the report. Areas engagement, the surveyor should inspect as much
not inspected should be clearly identified within the of the property as is physically or safely accessible.
report. The client should also be made aware of the A full inspection is often prevented by physical
practical limitations of any inspection or survey conditions or restrictions imposed by the occupant.
exercise. Repetitive items (such as windows or If so, it is recommended that an explanation for all
doors) will normally be checked only on a sample such limitations be provided within the report. The
basis. However, a client would reasonably expect surveyor should then make a professional
that all major defects (or potential major defects) assessment based on what can be seen and advise
and issues would be addressed. The surveyor on the likelihood of a defect (or defects) being
should establish the priorities of the client, as they present. In some situations, this may lead to a
may not be the same as those of the surveyor. recommendation for further opening up or
investigation works.
The inspection requires a methodical approach to
collecting the data in as great a depth as is Where an area or location cannot be accessed or
practicable and appropriate under the conditions inspected adequately, presenting ‘best and worst’
found on site. The surveyor should open unfixed options can give the client a spectrum to consider,
hatches to the roof, ceiling and floor voids and rather than leaving the matter unresolved. The
service risers, together with screwed down access client may appreciate an ‘educated guess’ rather
hatches (where this can be done without causing than complete uncertainty, but where this approach
damage, expending excessive time or requiring is adopted, the surveyor should try to make it clear
specialist tools). Manual handling also needs to be that assumptions have been made and should
considered – particularly in respect of heavy-duty always separate fact from opinion when reporting.
manhole covers. In large or complex properties, it The surveyor should keep in mind that conditions
is often necessary to undertake a preliminary on site may not be as previously remembered or
survey in order to become familiar with the general may have changed, and therefore should always
layout, form(s) of construction, means of access, use caution whilst carrying out the survey. If there
inaccessible areas, and health and safety issues. are changes in circumstances, then it may be
appropriate to review and revise the risk
It is not the purpose of this guidance note to assessment for carrying out the survey.
dictate to a surveyor how to undertake an
It is recommended that the surveyor always takes
inspection, but whichever method is used, consider
and keeps a permanent record of the site notes,
the inter-relationship of building elements and try
sketch plans and photographs made at the time of
not to treat them in isolation. This is particularly
the inspection. Dictating machines, if used
important when inspecting a large building where
correctly, can provide an improved means of readily
different surveyors are responsible for inspecting
collecting an increased amount of data compared
different elements. Checklists may prove useful.
to written notes. It is advisable not to attempt to
These may be based on general matters to inspect
write the final report during the inspection but to
and test, or may be developed for the particular
prepare it from the notes after appropriate
building(s) being surveyed. It is not necessary to
consideration. A copy of the original, unedited,
follow checklists slavishly, nor should they be
dictated notes should be retained on file.
considered as comprehensive. Where used with
common sense, the survey will be seen to have Because the building survey report is intended to
had a logical basis. reflect the considered professional opinion of the

14 | BUILDING SURVEYS AND TECHNICAL DUE DILIGENCE OF COMMERCIAL PROPERTY


surveyor, the edges of inspection, diagnosis and vantage points including the inside of gutters.
reporting often overlap. Each element of the Usually, the condition of downpipes can only be
property needs to be separately addressed and confirmed by inspection if they are externally
described, the sequence depending upon the mounted or within accessible risers; otherwise their
logical format adopted. The following sections internal location should be checked for signs of
provide a methodical approach for the collection of damp. Comment should be made on the general
data for the survey, or equally a means to present standards of maintenance of the system. The
the data within the report. surveyor should distinguish between gravity and
syphonic systems of rainwater disposal and
4.3 Main building elements identify, from visual inspection, whether they appear
to be working efficiently.

4.3.1 Roofs
4.3.3 Walls and cladding
The surveyor should inspect external roof areas as
closely as is feasible using the available equipment The exposed elements of all walls should be
and from safe vantage points. The interior of visually inspected externally and internally where
accessible roof voids or the ceiling void of the top unobstructed by heavy plant growth, fixed linings or
floor should also be inspected as far as possible furniture. Flues and wall cavities cannot ordinarily
with the equipment and access available. be inspected except from pre-formed access
Inaccessible voids can be noted and an opinion points. Foundations are not normally exposed
given by inference, with recommendations for during a building survey, unless there is a specific
further investigations if appropriate. reason or instruction to do so. An assessment of
the foundation is then usually undertaken by a
Timbers or steelwork should be checked for structural engineer.
damage and/or deterioration, alignment, etc. The
type and quantity of insulation provided should be The effectiveness of damp-proof courses, cills,
determined wherever possible. The condition of the copings, cornices, brise soleil, flashings and similar
external surface, weathering details, poor components require attention to confirm their
workmanship and/or detailing, and an assessment protection against dampness and weather
of its age and life expectancy should be noted, conditions. External cladding should be inspected
along with the presence of fragile roof coverings for degradation, movement, cold bridging, defective
and asbestos cement sheeting. Subject to the sealants and coatings, fire stopping, cracking or
findings of the survey, further testing such as corrosion.
thermography or earth leakage testing may be The surveyor should comment on the condition,
deemed appropriate. Any recommendations for a extent and type of insulation where possible.
proposed renewal should ensure compliance with Composite panel construction should be
current Building Regulations. highlighted to the client, and advice from the
Rainwater goods may be considered as integral to client’s insurers may be required. Evidence of
the roof, or as a separate heading (see 4.3.2), as alterations or repairs can be noted and reviewed for
can elements such as roof windows, smoke vents, legal or structural implications.
services extracts, parapets, flashings, fascias, Subject to the findings of the investigation, it may
soffits and barge boards. Depending on their size be necessary to undertake invasive examination,
and form of construction, each roof requires e.g. opening up the structure or using an
individual inspection but may be reported upon endoscope. This is over and above the scope of a
separately, in groups or as a whole. Balconies, roof normal survey, with a further visit and additional
terraces and external plant areas may also be cost being incurred, subject to the client and
considered separately or as part of the roof. building owner’s approval.
The need for specialist cladding or fenestration
4.3.2 Rainwater goods consultants should be considered and suitable
Rainwater goods should be inspected as closely as recommendations made for their appointment
practicable using the available equipment and where appropriate.

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4.3.4 Windows, doors and joinery structural engineer. An assessment of the building’s
age and form of construction is essential, as this
Where accessible, these elements should be
often provides an insight into typical defects
checked from ground level externally and through
common during a particular period or associated
open windows to upper floors where feasible; this
with a construction method.
is to examine vulnerable areas at close quarters. In
large or complex buildings, it may be acceptable to Where it is appropriate for the report, the surveyor
inspect a representative sample of these elements, should record the clear floor to eaves height to a
particularly when they are of similar construction steel portal frame for racking within a distribution
and design. Doors and windows should be warehouse, as well as the required minimum floor
checked for timber decay, plastic creep or metal loadings for a particular usage. If HAC (pre-1975) or
corrosion. Opening lights and doors should be calcium chloride concrete additive (pre-1978) is
tested for distortion or difficulties in opening and suspected, the surveyor should caution the client
closing. It is worth noting adequate detailing to accordingly and, if appropriate, recommend
ensure the prevention of water ingress and additional testing to verify the existence of these
sufficient drainage. materials. The surveyor should also beware of the
risk of chloride attack by virtue of environmental
Failed double glazed units, gaskets and seals, or
exposure to de-icing salts (buildings of any age)
poor insulation standards can be identified where
and, where attack is possible or suspected,
reasonably possible, but it may not be possible to
recommend additional chloride and carbonation
identify every individual case of a defect in typical
tests.
sample surveying procedures. Evidence of high
humidity levels can be noted where water or mould Multi-storey car parks demand special attention
is evident on internal cills and around the window. because of their exposure to harsh environments
Where reasonably feasible to determine, glazing in and, particularly in older buildings, poor
vulnerable locations and any shortfalls in health and construction standards. In some cases, additional
safety requirements should be advised. The engineering advice may be appropriate.
surveyor should make reference to the provision,
condition and adequacy of ironmongery, particularly
in respect of means of escape, security and ease of 4.3.6 Substructure/basements
use by the disabled. External decoration has The surveyor should comment on the levels of
particular relevance in recommendations on the ventilation, the presence of dampness and flooding,
longevity of elements and protection against any drainage or plumbing arrangements, and the
weathering and decay. Redecoration clauses in the likelihood of tanking (original or subsequent) being
lease may need to be noted. present. Further investigations may be required by
forming trial holes to confirm the presence of a
4.3.5 Structural frame damp proof membrane (DPM) to verify the
construction of the walls below ground level and to
The surveyor should inspect the effectiveness and establish the height of the water table. Chemical
condition of the structural frame where reasonably analysis may also be used to establish the origin of
accessible. A description, recording visible salts in any water present.
fractures, decay, corrosion, spalling concrete,
exposed reinforcement and distortion should be
provided, along with areas which have been altered 4.3.7 Floors
or damaged. The surveyor should also note the
The surface of floors not covered by floor coverings
presence of fire protection materials and, where
can be inspected. In the case of timber floorboards,
possible, the likely fire resistance periods.
where possible and permitted to do so, loose
Further investigations may be required for boards should be raised to enable the construction
identifying causes of subsidence or failures of to be identified. The surveyor should check for
concrete, timber frames or steelwork. Client damage due to infestation, dampness or service
approval will be needed for the additional time and installations. On timber floors, a heel drop test is
cost, which may include the assistance of a desirable. The surveyor should also comment on

16 | BUILDING SURVEYS AND TECHNICAL DUE DILIGENCE OF COMMERCIAL PROPERTY


excessive deflections, as well as general levels as adequate widths, ironmongery, self-closing
an indication of whether joists are likely to be mechanisms, correct glazing, etc.
undersized or defective.
Comments may be made on the general extent,
In the case of solid floors (particularly in industrial type and condition of demountable partitions or
buildings), the degree of ‘flatness’ should be subsequent alterations undertaken by tenants. This
assessed along with any significant surface defects may have a bearing upon dilapidations advice,
and the capacity of the floor finish or surface to such as reinstatement upon termination of the
withstand the anticipated traffic. Comments on the lease, or relevance in respect of statutory
serviceability of the floor should be included, in compliance, such as means of escape and travel
particular the existence of significant cracking and distances.
slab edge deterioration or visual evidence of
curling. Where floor loadings are important or 4.3.9 Finishes
suspected as being insufficient, details of the The surveyor should note the general condition of
structure can be taken to enable a suitable briefing internal finishes and decorations. Any defective
to be given to an engineer for assessment. Unless floor screeds or finishes should be recorded, and
otherwise agreed, calculations of possible floor poor detailing and inadequate design for movement
loading are outside the scope of a normal building in floor and wall tiles highlighted. The ceiling height
inspection. However, the surveyor should seek to should be checked and the availability of voids
determine data by referring to building operating above suspended ceilings examined to expose
manuals and similar documents. defects in, or damage to, fire protection and
The provision and condition of a raised access floor compartmentation. The void size for the
should be confirmed, the depth of void established accommodation of services should be noted,
and the adequacy of fire barriers and particularly if the installation of air conditioning is
compartmentation checked, where possible. The being considered.
surveyor should inspect floor trunking or service Internal circulation space may need comment,
ducts where accessible to determine the condition including flexibility of use, subdivision,
and the space available for services installations. cellularisation or returning to open plan. Joinery,
The fire resistance of elements of structure or kitchen cupboards and other fitted units require
compartment floors, especially where suspended general comment, as do disability considerations,
ceilings are used, should be considered. Sufficient such as different textures to wall finishes.
details of the finishes, such as intumescent paints,
may be necessary to recommend or obtain
4.3.10 Staircases
specialist advice. Any problems with sound
transmission and/or vibration in composite floors Where possible, checks can be carried out on
can also be noted. staircase width, the number and measure of goings
and risers, height of handrails and guardrails, and
general compliance with Building Regulations.
4.3.8 Internal walls, partitions and doors Disability considerations will include contrasting
colour to nosings and different texture to floors
The constructional detail of the internal walls and
adjoining stairs.
partitions can be established as far as possible by
surface inspection. If previous load-bearing walls
have been removed or altered, the surveyor can 4.3.11 Sanitary fittings
comment on the apparent adequacy of the Where reasonably possible, sanitary fittings,
alternative support measures. Compartment walls associated taps, traps, waste pipes and valves
can be checked for fire separation, particularly should be visually inspected and tested by normal
within ceiling or floor voids where breaches may operation only. Similarly and where reasonably
have been formed by services penetrations and not possible, checks should be carried out on common
correctly fire stopped. Internal doors can be waste pipes and single stack plumbing
checked for compliance with current legislation, arrangements for fall and efficiency, as well as
including fire resistance, passage of smoke, signs of any obvious blockage or leaks. Sanitary

BUILDING SURVEYS AND TECHNICAL DUE DILIGENCE OF COMMERCIAL PROPERTY | 17


accommodation can be noted to enable the It is worth considering adjoining properties for party
capacity to be checked with relevant space wall matters, unadopted road, shared or common
standards and population densities. Where relevant, areas, easements, way leaves, nuisance,
the review should include an assessment of the contaminative uses and potential conflicts (see
number and size of accessible toilets, their location section 4.13). The existence of overhead power
and the suitability of specialist fittings. lines or sources of electromagnetic radiation such
as telephone masts, communications systems, etc.,
4.4 Building services should be identified.

Under normal circumstances, the surveyor would 4.6 Health and safety considerations
not be expected to carry out a detailed assessment
of the building services, as most of these would The surveyor should be aware of relevant legislation
require a specialist. However, the surveyor should that might affect general health and safety within
perform a visual appraisal of the services sufficient the building. Detailed compliance checking and
to form an overall opinion of the apparent visible auditing, or the preparation of risk assessments,
condition and age and the need for further are beyond the scope of a normal building
investigation. A disclaimer stating that only a inspection; however, it may help to give a qualified
building surveyor’s visual inspection has been opinion on the most obvious points, such as:
undertaken ought to be included in the surveyor’s + slips, trips and fall hazards;
report. Specialist engineers will provide a more + low head heights;
detailed report on the condition of the services, and + overloading, including crowd loading
recommendations for their appointment can be requirements (e.g. stadiums);
given when appropriate.
+ instability;
4.5 External areas, outbuildings and + demolition hazards, presence of potential
asbestos containing materials (ACMs);
boundaries
+ maintenance and other safe access issues;

A brief general description of these features is + confined spaces;


usually required and visible defects should be + excavations;
noted. Matters such as safety and disabled access + falls, falling objects and fragile materials;
require comment, as do those concerning the + edge and barrier protection;
adequacy of car parking provision, lighting,
+ glazing;
signage, traffic calming, vehicle and pedestrian
separation, and surfacing. Vehicular and pedestrian + fresh air, temperature and weather protection;
access to the site should be reviewed, including + fire, fire detection and firefighting;
any estate roads, pavements, hardstandings, + emergency routes;
service yards, turning areas, etc. The drainage to
+ welfare facilities;
such areas should also be assessed.
+ vehicular hazards, traffic routes and workplace
The general shape and form of the grounds and transport hazards, issues around the perimeter
extent of trees should be identified. Where of the building, vehicular access, deliveries, and
identifiable, a general description of boundary loading and unloading operations;
fences, gates and other accesses, walls and other + hazardous operations or materials;
structures can be given. It is recommended that + lighting levels; and
particular care is taken to identifying the presence
+ electrical installations.
of Japanese Knotweed and Giant Hogweed, as well
as trees that on certain types of substrata could When dealing with buildings constructed or
cause subsidence or direct root damage. Where refurbished after 1994, where available, a copy of
appropriate, the surveyor can comment on the the health and safety file under the Construction
biodiversity of the site and note the existence (Design and Management) Regulations 1994 should
(where known) of protected species. be requested for information and comment. If not

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available on site, the surveyor should give a Many factors contribute to accessibility, but the
recommendation for further enquiries. most obvious is the built environment, which
A request to review any asbestos register should be includes fixtures, fittings, furniture and
made. If none is available, the surveyors should equipment. Although it should be made clear that
make a note of this along with the likely risk of any an access audit is not being undertaken, it is
ACMs being present within the property and the prudent to identify barriers to access that become
need for a specialist survey, if appropriate. apparent during the course of an inspection, as
they may have an impact upon the commercial
4.7 Fire precautions value of the premises.

The surveyor should aim to inspect any available 4.9 Environmental consideration
fire risk assessments and statutory approvals,
particularly when alterations have been made. Any
discrepancies with the fire certificate or non- 4.9.1 Orientation and exposure
compliance with fire safety regulations, building The surveyor should consider the orientation of the
regulations and the Fire Precautions Act 1971 building to identify the possible effects of exposure
should be noted. Consideration of fire precautions to the prevailing winds or sunlight, as these could
falls into three main categories: affect the performance and durability of the fabric
+ fire resistance, separation, smoke ventilation of a building. Exposure to other factors, such as
and compartmentation; salt spray in a coastal location or industrial
+ means of escape, escape routes, signage and pollution, may also have a profound influence on
emergency lighting; and the life or performance of the fabric and should be
identified where particular risks exist.
+ protection including detection, alarms,
sprinklers and extinguishers.
4.9.2 Thermal insulation and energy
Where specialist and/or proprietary systems of fire
efficiency
protection are used, the surveyor should consider
whether to recommend specialist advice, especially The surveyor should describe the thermal shell of
if inadequacies are noted. In complex buildings the building including external walls, windows,
such as shopping centres or sports stadiums, it roofs, exposed floors and ground floors, and take
may be necessary to involve a fire engineer to into consideration the layout, location and
comment fully. The fire log or records of the regular orientation of the property. The nature of the
testing and servicing of fire alarms, emergency heating and cooling systems and controls should
lighting, fire extinguishers, sprinklers, smoke vents, be considered and recommendations made in
fire curtains or shutters, etc., can also be reviewed. conjunction with a services engineer (if appointed)
Testing does not usually form part of a standard for suitable improvements. The surveyor should
building survey unless requested by the client. provide advice on practical and relevant methods
of upgrading insulation, and on measures to reduce
4.8 Accessibility any associated risk of condensation.

The Disability Discrimination Act 1995 and 2005 4.9.3 Noise and disturbance
duties have been incorporated into the Equality Act
It is worth considering the effect of noise from
2010, which came into force on 1 October 2010.
external sources on activities within the subject
This aims to protect aims to protect disabled
property and its grounds. Noise (e.g. from aircraft,
people from discrimination in all aspects of
rail, traffic, adjoining properties and other sources)
everyday life, particularly in employment, access to
can be noted if it is significant at the time of
good and services, and buying, letting and
inspection or could, from inspection, reasonably be
managing premises. In addition, as part of any
anticipated. The sound insulation qualities of party
development work, Part M of the Building
structures may also need to be considered.
Regulations requires reasonable provision to be
made for people to gain access to, and use, the Provisions and facilities that could cause occupier
building and its facilities. annoyance, e.g. heat rejection fans, should be

BUILDING SURVEYS AND TECHNICAL DUE DILIGENCE OF COMMERCIAL PROPERTY | 19


considered. Noise from the subject property to the property and construction industries to be
outside may also be noted as a potential nuisance hazardous or deleterious and, where appropriate,
to adjoining properties and sites. This is particularly make recommendations for further inspection or
relevant to industrial premises. Any other possible testing. A balanced opinion should always be given
nuisances (e.g. smells that are known to exist or as to the severity or otherwise of the use of these
have become apparent whilst carrying out the materials in the building.
inspection) should also be reported.
4.11 Sustainability issues
4.9.4 Land contamination and
Bearing in mind the Sustainability and the RICS
environmental controls
property lifecycle (2009), the surveyor should review
The surveyor should consider whether an the various aspects of the building in the light of its
environmental consultant is needed and advise position in the property life cycle and make
accordingly. Where appropriate, the following recommendations based upon sustainable practice.
should be also considered and the client advised Sustainability issues are likely to become more
on these matters: stringently applied as new legislation is introduced
+ whether a remediation certificate exists for the to action carbon reduction commitments and to
site (e.g. newbuild on a previously reflect specific client requirements.
contaminated site);
+ through local authority searches, whether the 4.12 Cultural heritage
property is likely to be affected by significant
adjacent public or private developments; The surveyor should identify whether the building is
of historic importance, is listed or is located within
+ whether a mining search is required;
a conservation area or other controlled estate.
+ risk of flooding or erosion; Attention should also be drawn to restrictions on
+ gases, such as methane or radon; repair or redevelopment, extension or
+ electromagnetic fields due to proximity to refurbishment; the need for sympathetic repair; and
electrical substations or pylons, mobile phone non-interventional or reversible alterations.
masts or satellite transmitters;
4.13 Matters for the legal adviser’s
+ radiation;
attention
+ activities of site that may involve or generate
potentially contaminative materials;
The client’s legal adviser (if known, or otherwise the
+ buried or above-ground fuel oil tanks, vehicle client) should be alerted to issues that could affect
refuelling stations and vehicle washes; the property that may need investigation or
+ waste management on site; clarification. Where the inspection reveals areas of
+ fly-tipping; particular concern or relevance, these ought to be
highlighted as early as possible. The following
+ chemical and other storage including bunded
paragraphs give examples of matters that might be
enclosures;
referred to the legal adviser for consideration and
+ pest control;
further enquiry, though the lists are not exhaustive.
+ invasive vegetation;
+ protected species; 4.13.1 Statutory
+ risk of arson and vandalism or terrorism; and Examples of statutory matters applicable in
+ occupier housekeeping. England and Wales might include:
+ buildings which might be listed or situated
4.10 Deleterious and hazardous within a conservation area;
materials + where trees are present that might be the
subject of tree preservation orders;
The surveyor should identify, from visual inspection, + planning consents and Building Regulation
materials that are generally considered in the approvals, i.e. original compliance and/or

20 | BUILDING SURVEYS AND TECHNICAL DUE DILIGENCE OF COMMERCIAL PROPERTY


consent for conversions, extensions, alterations – underpinning, timber and/or damp treatment
or change of use, and any particular works works;
evident on inspection for which planning
– cavity wall tie replacement works;
permission may have been required;
– double glazing;
+ Party Wall etc. Act 1996, that is, any known
proposed works, extensions or repairs to the – cavity wall insulation;
subject property; works in progress on adjacent
– flat roofing;
land; and the need for the legal adviser to
establish the existence of any party wall – remedial works to service installations,
agreements and/or schedules of condition, including re-lined drains, recent rewiring,
where appropriate, referring back to the replacement boilers, etc.; and
surveyor as appropriate; and – recent significant building repairs;
+ accessibility inclusion. + collateral warranties from the original
construction and design teams; and
4.13.2 Rights of way, easements and + previous technical reports that may be
shared services assignable to the purchaser, i.e. site
Examples of issues to be described might include: investigations, environmental assessments,
+ tenure; defects diagnosis, asbestos surveys/registers.
+ flying or submerged freeholds;
4.13.5 Leasehold and repairing liabilities
+ evidence of multiple occupation, tenancies or
sublettings; The level of detail reported in this section will
depend on what has been agreed with the client on
+ indication of possible trespass;
that particular transaction. Although the client’s
+ suggestion of possible rights of way;
legal team will most likely be reporting on the
+ arrangements in respect of private services; lease(s) and liabilities of the parties, this section
+ adoption status of all abutting roads and might include:
footpaths; + confirmation (or otherwise) that the repairing,
+ status of the rights of way and all maintenance redecorating and yielding up obligations are
and repairing liabilities, where private access drafted in standard terms;
roads or footways are present; + comments on the implications of any non-
+ common or shared areas and services that may standard repairing and related obligations;
be the landlord’s responsibilities, but are + whether there are any explicit exclusions on
subject to a service charge or management fee; repairing liability, e.g. inherent defects;
+ availability and status of all service connections; + existence and effectiveness of any schedules of
+ rights of light; and condition;
+ restrictions to occupation. + whether there are unlicensed alterations or any
particularly onerous reinstatement provisions;
4.13.3 Boundaries + the landlord’s ability to recover repair costs, or
Boundary matters might include: to enforce repairs and recover costs (as a debt
+ evidence of poorly defined site boundaries; or otherwise); and
+ riparian rights (relating to banks of rivers or + if the lease is considered to be a ‘green lease’
waterways); and guidance as to the practical implications of the
+ responsibility for maintenance. various obligations, e.g. in relation to carbon
reduction, energy management and other
4.13.4 Guarantees and warranties sustainability issues.

Examples of the content might include:


+ the availability and transferability of guarantees,
e.g. in respect of:

BUILDING SURVEYS AND TECHNICAL DUE DILIGENCE OF COMMERCIAL PROPERTY | 21


5 The report
5.1 General guidance Definitions of the time frames used in the report
need to be identified to avoid any doubt.
It is recommended that the surveyor clearly locates When providing advice for remedial works, their
and describes all the defects found during the cost and the anticipated period of expenditure, the
survey, as well as highlights any compliance issues surveyor should take into account the purchaser’s
that may affect the client’s interest in the property. intention for the property, as established at the brief
A summary of the client’s instruction can be stage.
included within the report, providing a useful
reminder to the surveyor and client of the legal
5.1.2 Risk ratings
obligation to provide a specific survey type as
agreed in the instruction. Risk ratings involve balancing liabilities and
opportunities, both in terms of capital and life
It is helpful to cross-reference photographs with the costs, and hence are an integral part of technical
list of defects for ease of reference and prepare the due diligence. A risk can be defined as the chance
report layout in a concise, accurate and simple of something happening that will have an impact
manner. All verbal or executive summary reports upon the objectives for the building’s use or
given prior to publication of the full report may have investment profile. Risks and response to them can
legal implications. Such reports can be given on the be classified as follows:
clear proviso that the preliminary opinions are
+ Extreme: immediate action required
provided subject to the opinions expressed in the
final report. The report ought to present a balanced + High: senior management attention needed
view of the property’s condition and differentiate + Moderate: management responsibility must be
between fact and the surveyor’s opinion. specified

In determining the limitation of the inspection, the + Low: management by routine procedures.
surveyor should bear in mind the final report, which Risk management can be qualitative and/or
aims to inform the client inter alia of the following: quantitative, enabling the client to better identify,
+ what, if anything, is wrong; analyse, monitor, report on and respond to risks.
For technical due diligence, this can assist in
+ why it is wrong;
determining what responses the surveyor should
+ what damage has occurred; recommend to the client and which risks to avoid,
+ how serious this is; transfer, mitigate or accept. Such decisions are
+ what is needed to put it right; linked to the future management of the building.
+ how much this is likely to cost;
5.2 Report layout
+ when the remedial work should be carried out;
+ who is responsible for rectification works; and An executive summary of principal considerations
+ what further action is to be taken by the client. is often provided at the start of the report. The
main body includes a description, with comments
on the condition of all building elements, plus any
5.1.1 Time frame
findings, a conclusion and recommendations.
It is generally accepted in the property industry that Photographs and/or plans may be required and
time periods are identified as follows: supporting specialist reports would normally be
+ Immediate: within one year appended to the report. Section 5.3 includes a
typical list of main headings included in the
+ Short term: one to two years
contents page, with commentary. Different types of
+ Medium term: three to five years survey and individual surveyors may give rise to
+ Long term: six to ten years. deviations from the suggested list.

22 | BUILDING SURVEYS AND TECHNICAL DUE DILIGENCE OF COMMERCIAL PROPERTY


When carrying out due diligence of a property 5.3.3 Introduction
outside the UK, it is worth considering local statute
The client’s instruction should be repeated in the
and compliance issues. When instructed by a UK
report alongside, details of the date of inspection;
based client, the surveyor should consider
surveyor(s)/specialists involved in the survey;
highlighting where UK and local construction and/or
weather conditions; occupancy at the time of
compliance issues differ. Further guidance is
inspection and names of persons providing
provided in section 2.8.
information during the inspection.

5.3 Report contents Limitations, including copyright and conditions


noted in the terms of engagement, are repeated. It
may be helpful to list those parts of the building not
5.3.1 Contents page accessed during the inspection and provide
Reports on commercial and industrial premises may recommendations for future access (including the
contain several specialist reports, along with risk of not gaining access). Restrictions caused by
photographs, leases, plans, etc. The inclusion of an finishes, fitted or heavy furniture, etc., should be
index would be beneficial. noted.

It should be made clear in the introduction that in


5.3.2 Executive summary view of the complexity of most buildings, the
The executive summary provides the main findings, surveyor does not guarantee to have seen each
including recommendation for further tests, and every defect/deficiency that may exist in the
budgets, programming future repairs and any property. However, the surveyor expects to have
issues pertinent to the client’s investment in the seen all the major items relating to the brief and
property. Reference should be made to the main many/most of the lesser ones.
body of the report, any appended specialist All areas of the building need to be clearly
reports, costings and additional analysis as identified and illustrated by photographs, plans or
necessary. grid references, or alphabetical or numerical
The summary provides clear, logical, simple and systems, as applicable. Location and/or lease plans
readable advice to the client, with reference to can be included, indicating the extent of the
detailed information within the main body of the demise. It is also prudent to include the full postal
report. The principal considerations may include: property address and client details on each page of
the report.
+ the nature of the property, its construction age
and design; Other points that may be included are:
+ the adequacy of the structural framework and + whether all photographs taken are included in
fabric; the report, or if others exist, how long they will
+ the adequacy of services; be retained on the surveyor’s files;
+ a comparison of the condition of the subject + any limitations by the surveyor for the transfer
property with others of similar age and style; of liability to third parties; and
+ conformity with modern requirements, including + whether any discussions were held with the
statute, civil and lease obligations; client, owner(s), tenant(s) or others at the time
+ special client requirements; of the visit and/or immediately afterwards, as
well as cooperation received from those parties
+ main areas of concern;
in facilitating the survey.
+ reference to any repairs, further investigations
or statutory inspections; and
+ estimated costs of remedial works or 5.3.4 Description of the property
recommended actions.
An adequate description of the property is provided
The summary should highlight any further tests or here, including type, general design, principal
inspections to be undertaken before legal elements of construction, age, date of substantial
commitment is made by the client. modifications, listed status and current use. A

BUILDING SURVEYS AND TECHNICAL DUE DILIGENCE OF COMMERCIAL PROPERTY | 23


general description of the building installation of the property. Materials and building practices
services may also be provided. specific to the locality of the property may be
reported.
Accommodation should be briefly described to
include current use of the building, broken down The structure may be described in detail, including
into specific areas as necessary. A list of type of frame (reinforced concrete, steel or timber)
approximate floor areas may be included as as applicable, a description of main supporting
appropriate. Reference may be made to the current members from roof to foundations and how the
edition of RICS Code of Measuring Practice. load is transferred through the building to the
ground. Comment may include the effect of
For leasehold property, the tenure should be
alterations on the structure, any movement and
described, including the extent of the term, any
future risks.
passing rental figure, service charge and repairing
obligations. Each element (e.g. floors, walls, doors) is separately
discussed, including a description, current
The location of the property within the road,
condition and explanatory note of the cause of
shopping centre, industrial estate, etc., should be
defect. Legislation, health and safety, fire
noted, including comment on any conservation or
precautions, energy conservation, fitness for
regeneration areas; main physical features of the
purpose, insurance, security and other pertinent
site; and outbuildings, landscaping and boundaries.
issues may be listed. Questions for the client’s legal
The description should include the full address of
advisers may be highlighted, for example
the property.
clarification of demise, construction warranties
available and other matters.
5.3.5 Elemental condition
This is the main section of the report and details 5.3.6 Conclusion and recommendations
the condition and significant defects. A description
The conclusion provides a balanced assessment of
of condition and extent of defects may be
the property ascertained as from the survey,
supplemented with photographs and sketches.
including a list of recommended repairs and actions
Technical language is used to express the findings
taken from the main body of the report.
clearly.
Recommendations may be shown under a separate
The surveyor should consider formatting the
heading, where the conclusions are extensive, and
sections in the same sequence as the inspection,
budget costs may be included within them or as
previously detailed in sections 4.3–4.5 and
separate appendices.
summarised below:
+ roofs
5.3.7 Certification/quality assurance
+ rainwater goods;
+ walls and cladding; The report should be signed and dated by the
surveyor who undertook the survey and completed
+ windows, doors and joinery;
the report. It is also recommended that a record of
+ structural frame; third party (internal peer) checking has been
+ substructure/basements; undertaken. All appended specialist reports should
+ floors; be certified.
+ internal walls, partitions and doors;
+ finishes; 5.3.8 The appendices
+ staircases; The appendices may form a significant part of the
report, subject to the client’s requirements.
+ sanitary fittings;
Photographs are generally included. The
+ building services; and
appendices may also comprise other
+ external areas, outbuildings and boundaries. supplementary information, such as:
An assessment of the building type may be + schedule of defects and/or repairs with budget
included, as well as the construction and materials costs;

24 | BUILDING SURVEYS AND TECHNICAL DUE DILIGENCE OF COMMERCIAL PROPERTY


+ reinstatement cost assessment;
+ specialist reports, including material testing,
structural engineer’s report and report on the
installations of services;
+ phase one environmental assessment;
+ copies of previous reports;
+ fire risk assessment;
+ schedule of accommodation or tenants;
+ asbestos survey;
+ extracts from leases, covenants, etc.;
+ agent’s details;
+ maps, drawings and layout plans; and
+ maintenance records.

BUILDING SURVEYS AND TECHNICAL DUE DILIGENCE OF COMMERCIAL PROPERTY | 25


Appendix A: Insurance
RICS requires its members to maintain professional advisable to find out what arrangements have been
indemnity insurance (PII) for claims arising from made by the employer to protect the employee
breaches of contract and professional duties. against claims.
Surveyors should ensure that adequate protection
An RICS policy automatically covers employees as
is in place to cover the work they are undertaking.
part of the ‘insured’, whilst other PII policies (not in
accordance with RICS rules) may not provide
A1 Compulsory professional indemnity automatic cover.
insurance regulations
A4 Private work
Compulsory professional indemnity insurance
regulations (CPIIR) require principals and Work undertaken in a private capacity is subject to
consultants in private practice in the UK and Ireland CPIIR, and so insurance cover will be required. A
to carry PII, in accordance with RICS regulation. surveyor may be asked to provide advice to local
Evidence that this obligation is being adhered to is charities, schools, churches and other non-profit
required during the time the member is in practice. organisations for no charge. It is unlikely that the
When a firm winds up it must maintain run-off insurance a surveyor has for normal course of
cover for a period of at least six years, although employment will have adequate protection, so
this cover may not be possible in some cases due separate arrangements will need to be made by the
to financial circumstances. Where run-off cover is individual.
not maintained, this could lead to former
If it is not possible to obtain written confirmation
employees being exposed to claims.
from an employer that work of this nature falls
A2 Merrett v Babb within the scope of the surveyor’s employment, it
may be possible to obtain an undertaking from the
‘client’ that the latter will not take any action in
In the case of Merrett v Babb (2001) EGLR 145, an
relation to the advice given. The surveyor must also
RICS member was personally sued following the
obtain from RICS a waiver exempting the need to
bankruptcy of the firm for work he undertook whilst
maintain PII.
employed. The firm had cancelled the PII cover and
left the surveyor exposed to claims.
A5 Subrogation
A3 Professional indemnity insurance
Having paid a claim, insurers have the right to
recover the amount paid if the surveyor who
PII is provided on a claims-made basis, which
caused the claim was not insured under the policy.
means that the member will be protected only if
This is known as subrogation.
cover is in place at the time a claim is made, rather
than when the relevant advice was given. This is RICS minimum cover includes all employees as
why RICS regulations require run-off cover to be insured, but where members are not covered by an
provided where a member ceases to trade as a RICS policy they should ensure that their employers
principal or consultant in private practice. have negotiated a waiver of the right of subrogation
with the insurer.
The amount of cover depends on the size of the
firm’s income; however, there are minimum
A6 Third party rights
amounts of cover required under RICS rules. RICS
have introduced a low fee-earners scheme to help
The law states that a contract is an agreement
provide cover.
entered into by two parties, where consideration
Where an employee is not a principal of a firm (i.e. has passed between the parties and where the
a partner, director or consultant), then it is terms of the contract are enforceable. The surveyor

26 | BUILDING SURVEYS AND TECHNICAL DUE DILIGENCE OF COMMERCIAL PROPERTY


and firms entering into the contract with a client will territories may require locally arranged cover, thus
be liable to the client for breaches of the contract. surveyors may not be able to rely solely upon a
It is not unusual for surveyors and their firms to be policy placed in the UK or Ireland – even though
liable to third parties for breaches of contract. the territorial limits may be ‘worldwide’.
The Contract (Rights of Third Parties) Act, brought RICS regulations do not apply to work overseas,
onto the statute books in 1999 and updated in but RICS members should replicate their cover
2001, confers third party rights in some cases, overseas to the same extent as available in the UK
namely where the contract contains an express and Ireland. For example, it is very difficult to
term to that effect, or where it is apparent that the obtain cover on a ‘civil liability’ basis, and certain
contracting parties intended to confer such a exclusions (i.e. toxic mould) may be applied by
benefit. Surveyors should be aware, however, that insurers. In summary, an insurance policy for work
many contracts – including most professional overseas is often not as broad as required by
indemnity policies – are amended to exempt them regulations in the UK.
from the provisions of this act.
A9 New legislation and disciplines
It should be noted that where advice is being given
by an employee on behalf of the employer, then the The introduction of new property legislation has
contract will generally be between the employer created opportunities for surveyors to assist clients
and client. It is therefore advisable to sign reports in fulfilling their obligations (i.e. Financial Services
or letters ‘for and on behalf of’ the employer rather and Markets Act 2000, Housing Act 2004, Control
than in a personal capacity. of Asbestos Regulations and the Disability
Discrimination Act). It is recommended surveyors
A7 Third party liability insurance seek specialist knowledge and review the PII
provisions with their insurance provider prior to
It is also recommended that insurance cover is undertaking new types of appointments.
taken out to provide against third party claims for
There are also developments in the area of dispute
physical loss ‘caused by damage or injury to
resolution and expert witnesses, whereby barristers
persons or their property’, which could occur when
can be appointed by professions other than
undertaking a survey or inspection of a property.
solicitors, which could confer new disciplines upon
These are also known as public liability or general surveyors. Lay advocacy is another area which
liability policies. Surveyors are advised to check could attract surveyors, but it is important that any
that the necessary insurance is in place and that such advice is qualified to ensure it is being given
they are covered by the policy. in their capacity as surveyors, and not as lawyers.
Again, surveyors need to seek specialist knowledge
A8 Working outside of the UK and and review the PII provisions with their insurance
Ireland provider prior to undertaking this work.
For further information please refer to RICS
When working outside the UK and Ireland, Professional Regulation and Consumer Protection.
surveyors are advised to check with their insurance August 2002.Chartered surveyors in employment,
providers that they are covered. Certain overseas Professional liability guidance for members.

BUILDING SURVEYS AND TECHNICAL DUE DILIGENCE OF COMMERCIAL PROPERTY | 27


Appendix B: Legislation and legal issues
B1 Duty of care likely future consequences of failure. Likewise, it is
unreasonable for a surveyor to be found negligent if
The surveyor not only owes a duty of care to the the latter could not have reasonably foreseen a
client under the terms of engagement, but may also consequence at the time of the inspection.
owe a common law duty to the client and other The surveyor needs to ensure that he or she has
parties. The surveyor’s report may be relied upon adequate experience and knowledge to undertake
by another party close to the contract (Hedley the survey. Equally, the client needs to determine
Byrne & Co Ltd v Heller & Partners Ltd [1964] that the surveyor being appointed has suitable
AC 465). knowledge and experience, reflected by the level of
The surveyor’s actions during the survey may cause fee incurred for the survey. The survey should be
damage or injury to the client or another party. In thorough and should concentrate on the client’s
order for the duty of care to exist, the client or third requirements.
party must be able to show that the surveyor The report should be expressive and should focus
should have reasonably foreseen that a person on all matters that may cause injury or damage to
could have suffered an injury or damage as a the client or another party close to the contract.
consequence of the surveyor’s report. Either must Evaluation of the findings should be undertaken
also exhibit that the surveyor was aware that the and all considered issues identified to the client.
report would be relied upon, and that it is just and The surveyor should clearly specify any limitations
reasonable to impose a duty of care in the of the report due to poor access, lack of
particular circumstances. documentary evidence or the need to undertake
It would be unreasonable for a claim to be made by specialist investigations, but should not use this as
a party that the surveyor has no knowledge of at justification for an omission or failure to spend
the time of the inspection and preparation of the adequate time on the inspection.
report. The surveyor will be expected to undertake The surveyor should not provide legal or specialist
all duties to a reasonable standard recognised for advice if unqualified to give this, but can
the profession. recommend that further enquiries be made with
suitably qualified specialists. It is recommended
B2 Negligence that the surveyor understands the framework of the
legal liabilities which surround this type of work.
The surveyor need to be aware of the significant
amount of legislation now applicable to property B3 Contract and limitation
and may refer the client to the relevant expert
where the surveyor has been able to establish The terms of engagement should be agreed with
through inspection that a legal point needs to be the client prior to undertaking the survey to clarify
reviewed. The surveyor may be restricted by the the scope of the professional duties owed to the
information made available during the inspection. client. The surveyor should clearly state the client’s
A surveyor will be negligent if a client or third party requirements, the extent of the survey and type of
can establish that a duty of care was owed to report to be prepared.
either, that the surveyor breached that duty and The terms of the contract can be both express and
that the breach has resulted in the client or third implied. For example, in contracts for services
party suffering harm. For example, where a defect where a professional is acting in the course of a
was in existence and visible at the time of the business, it will be implied that the service will be
inspection but was not reported to the client, this carried out with reasonable care and skill. Such
would be described as an omission on the part of implied duties can be excluded or limited by the
the surveyor. It is recommended that the surveyor terms of engagement, in accordance with the Unfair
not only note the defect but also advise on the Contract Terms Act 1977.

28 | BUILDING SURVEYS AND TECHNICAL DUE DILIGENCE OF COMMERCIAL PROPERTY


Limitations may also be put into the terms of + a review prior to preparing a clear and precise
engagement to cover high-level access or exposure report.
of the structure where damage may be caused, or
unreasonable costs may be incurred by the B4 Legislation
surveyor. Unfair terms would not be accepted
without evidence that such a term had been agreed The surveyor may find it helpful to consider the
by the parties, or if the term had a detrimental implications of property-related legislation during
effect on the rights of one of the parties to the the inspection. Any issue noted during the
contract. The Contracts (Rights of Third Parties) Act inspection can be advised to the client, which can
1999 should also be noted as excluded from the be referred to a specialist or legal expert.
terms of engagement to avoid the surveyor owing
any contractual liability to a third party. The terms B5 Civil Procedure Rules
of engagement should always be appended to the
report.
The Civil Procedure Rules will be particularly
It is recommended that the surveyor endeavours to relevant to inspections and subsequent reports
ensure adequate planning of the survey and when a surveyor is acting for one party claiming
sufficient allocation of time for: compensation for damages against another. For
+ the survey; more information on the Civil Procedure Rules, see
+ a detailed recording of the findings; and www.dca.gov.uk/civil/procrules_fin/index.htm.

BUILDING SURVEYS AND TECHNICAL DUE DILIGENCE OF COMMERCIAL PROPERTY | 29


Appendix C: Useful information sources
C1 Links Radon Centres Ltd: www.radon.co.uk
Stone Federation Great Britain: www.stone-
Association of European Building Surveyors and federationgb.org.uk
Construction Experts (AEEBC): www.aeebc.org
Suzy Lamplugh Trust: www.suzylamplugh.org
Advisory Committee for Roofwork:
www.roofworkadvice.info The Survey Association: www.tsa-uk.org.uk

British Cement Association: Timber Research and Development Association


www.cementindustry.co.uk Bookshop: www.trada.co.uk

British Standards Institution: www.bsi-global.com C2 Further reading


Building Control: www.buildingcontrol.org
Asbestos: and its implications for members and
Building Research Establishment: www.bre.co.uk
their clients (2nd edition), RICS guidance note,
Building Services Research and Information RICS, Coventry, 2009.
Association: www.bsria.co.uk
Building Surveys of Residential Property (2nd
Centre for Accessible Environments: edition), RICS guidance note, RICS, Coventry,
www.cae.org.uk 2004.
Chartered Institution of Building Services Code of Measuring Practice: A Guide for Surveyors
Engineers: www.cibse.org and Valuers (6th edition), RICS code of practice,
Concrete Repair Association: RICS, Coventry, 2007.
cra.associationhouse.org.uk/cra_index.htm Contamination, the environment and sustainability:
Concrete Society: www.concrete.org.uk their implications for chartered surveyors and their
clients (3rd edition), RICS guidance note, RICS,
Construction Industry Research and Information Coventry, 2010.
Association: www.ciria.org
Dilapidations (5th edition), RICS guidance note,
Corrosion Prevention Association: RICS, Coventry, 2008.
www.corrosionprevention.org.uk
Guide to carrying out reinstatement cost
Fire Protection Association: www.thefpa.co.uk assessments (under review), RICS guidance note,
Glass and Glazing Federation: www.ggf.org.uk RICS, 1999.

Institution of Structural Engineers: Party Wall Legislation and Procedure (revised


www.istructe.org.uk 5th edition), RICS guidance note, RICS, Coventry,
2007.
International Lead Association: www.ldaint.org
Sustainability and the RICS property lifecycle
Isurv: www.isurv.com
(1st edition), RICS guidance note, RICS, Coventry,
Mastic Asphalt Council: 2009.
www.masticasphaltcouncil.co.uk
Surveying safely, RICS Corporate, London, 2006
Radiation Protection Division of the Health (accessed at www.rics.org/surveyingsafely in
Protection Agency: www.hpa.org.uk/radiation August 2010).

30 | BUILDING SURVEYS AND TECHNICAL DUE DILIGENCE OF COMMERCIAL PROPERTY


GN 63/2010

Building surveys and technical due RICS Practice Standards, UK


diligence of commercial property
4th edition, guidance note

The fourth edition of this guidance note aims to provide surveyors with
Building surveys and technical due
information and guidance in respect of commercial property surveys.
It covers:
diligence of commercial property
• taking instructions; 4th edition, guidance note
• survey preparation;
• inspection; and
• reporting.
Also included are appendices comprising:
• a summary of insurance issues;
• a summary of legal issues; and
• useful sources of information and further reading.

rics.org/standards rics.org/standards

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