If you have moved into a house and found a costly defect, your first step is to check what your survey report actually covered. A house survey is a visual inspection with strict limits, so the surveyor may have noted the issue or recommended further investigation. If you think they missed something, complain to the surveying firm in writing. If they do not resolve it, there are dispute resolution and ombudsman routes, and you should see a solicitor early because time limits apply.
Check what your survey actually covered
Start by reading the terms of engagement you signed when you booked the survey, alongside the report itself. Every survey is sold at a fixed fee quoted up front and follows a specific level of detail. A visual survey has strict limits, because the surveyor can only report on what can be seen.
Look for the Limitations on the inspection box in your report. The report says in this section exactly when a part of the property could not be inspected. Not reading the terms of engagement is a common mistake, leaving buyers surprised that the surveyor did not carry out certain physical checks during the visit.
Because the survey is visual, there are many things the surveyor does not do during a standard inspection. The surveyor will not:
- Lift carpets or floorboards to check the joists underneath.
- Move heavy furniture.
- Remove secured panels or hatches.
- Investigate drains and underground services.
Where the surveyor cannot reach a conclusion with reasonable confidence, further investigation should be recommended. If your report recommended further investigation of an area and it was not carried out before you bought, tell a solicitor, because it may affect any complaint.
How survey levels affect what is inspected
You also need to be clear about which type of survey you bought, because home surveys follow three RICS levels. Level 1 describes condition, flags risks and urgent defects, and suits conventional, newer homes in good condition. Inspections take roughly 1 to 2 hours, and reports usually follow within about 3 to 10 working days.
Level 2, still widely called a HomeBuyer Report, suits conventional homes in reasonable condition and adds advice on repairs and maintenance. It comes as survey only or survey and valuation, and remains a visual, non-intrusive inspection that takes 2 to 4 hours. Level 3, still widely called a building survey or full structural survey, is the most detailed and suits older, larger, altered, unusual or run-down homes, or homes you plan to alter. These inspections take 4 to 8 hours, and the reports use condition ratings shown as traffic lights.
Surveys are sold at a fixed fee quoted up front. Price is driven by survey level, property value, size, age, complexity and location. Choosing the cheapest level for an old or altered house is a common mistake.
This table shows the typical cost of the three different survey levels.
|
Survey type |
Typical cost |
|---|---|
|
Level 1 survey |
£300 to £450 |
|
Level 2 survey |
£400 to £950 |
|
Level 3 survey |
£600 to £1,500 or more |
These are typical 2026 prices, and local quotes will differ.
Gather your evidence before you act
If your report did not mention the defect and there were no warnings to investigate further, you need to build a clear record of the problem. If there is any danger to health or safety, call the right professional straight away and keep photographs and receipts. Otherwise, ask a solicitor before you start repairs, because repairs may remove evidence.
Never diagnose defects yourself or carry out your own structural checks. Do not enter lofts, lift drain covers, open up walls or disturb materials that may contain asbestos. Take clear photographs only from where you can see the defect safely.
You must also gather your paperwork. Find the original survey report, the terms of engagement, the invoice, and any emails you exchanged with the surveyor before the inspection. You need to show what you paid for, what was promised, and what was delivered. Keep copies of all letters and emails you send or receive about the problem. Write down the dates and times of calls or meetings, what was discussed and names of staff.
Complain to the surveyor's firm
The first step to complain is to follow the surveyor's internal complaints procedure. You must submit your complaint in writing, stating clearly what the defect is, why you believe it should have been spotted during a visual inspection, and what you want the firm to do about it.
Regulated firms must have a formal procedure in place and must respond promptly, openly and professionally. Once they receive your written complaint, the firm should allocate a complaints manager or senior member within eight weeks. You should ask for a copy of their complaints policy so you know what deadlines they are working to.
Follow these steps when making your initial complaint to the firm:
- Write a formal letter or email to the firm outlining the missed defect.
- Attach copies of the relevant pages from your survey report and your photographs.
- State clearly that you are making a formal complaint under their complaints handling procedure.
- Ask them to confirm receipt of your complaint in writing.
- Request the name of the complaints manager handling your case.
Free dispute resolution and the ombudsman
If the firm does not resolve your complaint to your satisfaction, or they reject it entirely, you do not have to go straight to court. RICS regulated firms must offer an alternative dispute resolution provider that consumer clients can use free of charge. This gives you an independent way to try to settle the argument.
One option is the RICS Dispute Resolution Service. If your case goes through this route, the arbitrator's decision is legally binding on all RICS member firms. This means compensation can be ordered without appeal, and the firm must pay what the arbitrator decides. Alternative dispute resolution providers can award compensation in some instances.
Another option is to use a property ombudsman, such as The Property Ombudsman or The Property Redress Scheme. Complaints can be accepted eight weeks after they are first received by the firm. The ombudsman can order the surveyor to cover expenses or losses you have suffered because of their mistake.
What RICS can and cannot do
You should always look for AssocRICS, MRICS or FRICS after a surveyor's name and the words RICS Regulated for the firm, and confirm both on the RICS Find a Surveyor service. It helps to understand what RICS can and cannot do for you in a dispute.
RICS regulated firms must hold professional indemnity insurance that meets RICS minimum standards. This insurance covers firms against negligence claims. You should note that client money protection is a different type of cover and does not cover negligence.
You can report a firm to RICS for poor professional conduct, and RICS can impose fines, suspensions or expulsion. However, only about 10 per cent of its 1,000 plus yearly complaint enquiries reach investigation. Most importantly, RICS does not have the regulatory remit to award compensation to consumers. It does not settle disputes or investigate professional negligence, nor can it make members pay compensation or get involved in litigation. For compensation, the routes are the alternative dispute resolution provider, an ombudsman or a legal claim.
Your rights under the Consumer Rights Act
When you hire a surveyor, you are protected by the Consumer Rights Act 2015. Under this law, a service must be carried out with reasonable care and skill. Whether a surveyor met that standard in your case is a legal question for a solicitor.
If a service is not carried out with reasonable care and skill, you can ask them to fix the problem. The law does not say what counts as reasonable so you must agree it with the firm based on the facts of your case. If they cannot or will not fix it you can ask for a partial or full refund depending on how bad the problem is.
Once you agree a refund amount you should get it within 14 days. If you arranged the survey online or by phone, you normally had a 14-day cooling-off period, but if you ask for the work to start inside it you pay for what has been done. The cooling-off period is separate from a complaint about how the service was carried out.
Negligence claims and time limits
Taking a surveyor to court for professional negligence is a last resort. Negligence cases require a pre-action protocol, which is a strict set of legal steps both sides must follow before court proceedings can begin. You will need a solicitor to guide you through this process and handle the complex legal arguments.
The costs of bringing a negligence claim can be high, and there is no set timescale for how long a case will take to resolve. Some law firms offer no win no fee arrangements for property negligence claims, which can help manage the financial risk, but you must read their terms carefully.
There are strict time limits for taking legal action. Under the Limitation Act 1980, section 2, an action founded on tort shall not be brought after the expiration of six years from the date on which the cause of action accrued. The Home Owners Alliance summarises the limits as six years to claim professional negligence, or three years from when negligence was discovered or suspected. These are summaries, and a solicitor must confirm your exact deadlines because the starting date of a claim can be heavily disputed.
Surveyors who are not RICS members
Not all residential surveyors are members of RICS. The RPSA is another recognised body for residential surveyors with its own survey products and standards. If your surveyor is an RPSA member, you still have clear routes to follow if they miss a problem in your new home.
For non-RICS surveyors, use the firm's internal procedure first. You must write to them with your evidence and give them a chance to respond. If you cannot reach an agreement, you can use alternative dispute resolution if agreed, or an ombudsman if it is a member.
The Home Owners Alliance says RPSA members have insurance covering repair costs. Whether it applies to your case is a question for the firm and a solicitor.
Common questions
Can I claim against a mortgage valuation?
A mortgage valuation is not a survey. It is a limited check carried out purely for the lender's benefit and not for yours. Relying on the mortgage valuation to spot defects is a common mistake. Ask a solicitor if you have a legal question about it.
Does a survey guarantee a home is free of defects?
Never assume a survey guarantees a property is completely free of defects. A survey is a visual inspection taken on a specific day, and surveyors cannot see through walls, floors or foundations. They report on what is visible and accessible.
What if the report recommended further investigation?
If your report recommended further investigation by a specialist and it was not carried out, tell your solicitor. Ignoring recommendations for further investigation is a common mistake buyers make when rushing to exchange contracts.
Should I carry out my own structural checks?
Never carry out your own structural checks or try to diagnose complex building defects yourself. Do not enter lofts, lift drain covers or disturb materials that may contain asbestos. Take photographs only from where you can see the defect safely, and if there is any danger, call the right professional straight away.
Your next steps
If you have discovered a defect and believe your surveyor is to blame, you must act methodically to protect your position. Follow these steps before you start any repair work:
- Read the terms of engagement and the limitations box in your report to confirm the defect should have been visible.
- Check what a level 2 survey covers or the specific level you bought to ensure you understand its limits.
- Take clear photographs of the problem without opening up walls or lifting floorboards.
- Write a formal complaint to the surveying firm and ask for their complaints procedure.
- Wait for the firm to allocate a complaints manager within eight weeks.
- Gather your emails, invoices and notes of any phone calls you had with the surveyor.
- Speak to a solicitor early to confirm the strict time limits for a legal claim.
If the defect is urgent or unsafe, get professional help straight away and keep photographs and receipts. Otherwise, ask a solicitor before repairs begin, because repairs may remove evidence. If the firm rejects your complaint, ask for the details of their free alternative dispute resolution provider or check which property ombudsman they belong to. If you need to commission a new, independent report to prove the extent of the defect, you can find a surveyor near you to carry out a fresh inspection.
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