Homeowners who discover problems with their properties months or even years after purchase may be entitled to substantial compensation, according to a legal expert.
The severe winter has exacerbated structural problems for many homeowners, with roof leaks and damp among the most common issues.
According to one lawyer, major structural defects should have been identified during the initial inspection. If such problems have been overlooked, homeowners may be able to claim compensation from their surveyor.
Surveyors’ Role in the Purchase of a Property
Surveys, which vary in type, focus primarily on assessing the structural integrity of the property, including walls, ceilings and floors.
Surveyors are tasked with identifying significant structural problems, damp and infestation. Their findings are compiled in a report to help potential buyers make an informed decision about purchasing.
Tony Hill, director and head of commercial litigation and dispute resolution at CEL Solicitors, said: “The process of buying a new home is complex and involves many professionals providing essential advice.
“Surveyors assess the property prior to purchase to ensure an accurate valuation and identify any hidden defects.”
“If structural problems causing further damage are not revealed, owners may be entitled to bring a professional negligence claim against the surveyor”
Raising Awareness Among Homeowners
In 2021, the High Court ordered a surveyor to pay £374,000 after being found negligent in the valuation of a house in Devon.
Tony explained, “Buying a house is a big financial commitment and buyers place a lot of trust in the chartered professionals who carry out valuations.
“If the survey report omits items that later prove to be costly or dangerous, the homeowner can legitimately claim compensation from the surveyor.
Many homeowners are unaware that certain defects in their new home should have been identified by the surveyor before the purchase was finalised.
The most common problems discovered after purchase are asbestos, faulty wall ties, damp and rot, uneven floors or ceilings, subsidence and the presence of invasive plants such as Japanese knot weed.
Tony points out, “Proving that you wouldn’t have bought the property if the surveyor had highlighted a problem can be difficult.
“Also, there are time limits for bringing a negligence claim. In general, professional negligence cases must be brought within six years.”
