When buying a home, before instructing a residential conveyancing solicitor, a potential purchaser should consider whether to instruct a surveyor to make a report before committing to the contract.

There is often confusion about the role of a surveyor when buying a new home because
UK buyers who need a mortgage must pay for a valuation report prepared by a surveyor, however, a full structural survey of the property is a separate matter.

Many purchasers believe that because a surveyor has looked at their potential home to prepare a valuation report for the building society or bank that is then sufficient to say the property is sound and will not have hidden problems which come to light later.

However, although the potential buyer has to pay for that valuation report, it is drawn up for the benefit of the lending organisation not the owner.

Although, obviously, the report requires the property to be suitable for habitation, the mortgagor is much more interested in knowing its investment is reasonable in terms of market value. The amount of mortgage offer made will be dependent on the valuation surveyor's report as well as the mortgagee's ability to repay the loan.

If the valuation report suggests the property is worth less than the asking price, the mortgage company may make a lower offer or, if the surveyor has pointed out a defect, the mortgage may become dependent on work being carried out to remedy that problem.

Independent report to protect buyer's interests

This type of brief report will give the purchaser some idea of the quality of the house but a further independent surveyor's report is recommended to protect the interests of the buyer. If, despite a survey, a major problem is discovered once the sale has gone through, it can be possible to sue the surveyor for neglecting his professional duty.

Two grades of independent survey can be commissioned: an intermediate or homebuyer's report, which is most suitable for a home up to 70 years old and appearing to be in a reasonable condition, and a full structural survey which will be more appropriate for a large, old, non-standard home or one with obvious defects.

It is usually cheaper and easier to ask if the surveyor who carries out the mortgage valuation can also complete the homebuyer's survey but an independent one can be instructed.

The homebuyer's survey should include notes on all the visible parts of the property, including the roof, immediate maintenance requirements and recommend areas of concern such as need for rewiring or woodworm treatment. It will point out aspects to be drawn to the attention of the conveyancing solicitor such as potential boundary problems or rights of way.

The cost of a homebuyer's survey is on a sliding scale dependent on the purchase price of the property. The surveyor should be able to advise on the cost and procedure for making good any defects he has identified.

Full structural survey for greater detail

A full structural building survey is more costly and time-consuming to produce but will provide greater detail about the house and is particularly useful for an older property with generations of alterations to the fabric. It will assess both major and minor faults and advise on further specialist work, such as damp-proofing, if necessary.

It is part of the surveyor's job to find faults but it is up to the buyer to assess how much notice to take of the report and whether it affects their overall decision to buy and at what price, taking into account the probable cost of renovations.

For the initial valuation survey, the mortgage company will instruct a surveyor on behalf of the purchaser. He or she is usually a representative of an estate agent in the area who will have a good idea of market value for a range of properties.

Other independent surveyors can be found through sources such as telephone directories and the internet. All qualified chartered surveyors are fellows or members of the Royal Institution of Chartered Surveyors who have been fully trained and comply with a strict code of conduct.

Healys solicitors of London and Brighton and the role of a surveyor

As part of its advisory service for buyers of property in London, Brighton and elsewhere in the UK, Healys' solicitors will act in its clients' best interests regarding reports by surveyors. If there are contentious issues to be resolved before a contract is signed, these will be investigated and resolved.

Healys has links to other professionals and its team can offer representation and advice on all aspects of property law as well as residential conveyancing.

Its helpful, experienced staff can guide you through all aspects of property purchase and sale, making the procedure as swift and efficient as possible.

For further information on Healys' conveyancing services, including an estimate of costs involved, in the first instance you can contact us via the website and request a call back or telephone directly. London office Partner Kiri Kkoshi is available on 020 7822 4148 or in Brighton Darina Gowen is at 01273 669 115.