Surveyor Negligence

Surveyor Negligence Solicitors

Have you suffered financial loss due to negligent advice or conduct by a surveyor? At Carruthers Law, our experienced professional negligence solicitors specialise in pursuing claims against surveyors for overvaluations, missed defects, and failures in duty of care. We act for property buyers, investors, and commercial clients nationwide who have relied on surveyors and been let down. Whether your claim arises from a negligent homebuyer’s report, a flawed valuation, or a defective building survey, we provide clear, strategic advice and expert representation. If you believe your surveyor failed in their duty and caused you harm, contact us for immediate assistance.

For expert advice on bringing a claim against a surveyor, call us on 0151 541 2040 or 0203 846 2862, or email us at info@carruthers-law.co.uk. We act for clients across England and Wales.

What is surveyor negligence?

It refers to a breach of the surveyor’s duty of care that causes you harm (usually financial loss). Surveyors are trusted professionals who must act with the diligence and competence expected of their profession, in legal terms, they must meet the standard of a reasonably competent surveyor. If a surveyor breaches that duty, for instance, by missing significant structural issues in a report or wildly misvaluing a property, and you suffer loss as a result, you may have grounds to bring a professional negligence claim against the surveyor. All chartered surveyors are expected to adhere to strict standards set by the Royal Institution of Chartered Surveyors (RICS) and usually carry professional indemnity insurance to cover such claims. If a surveyor’s work falls below these professional standards and causes you loss, the law entitles you to seek redress. Our specialist surveyor negligence solicitors can guide you through this process and help you recover what you are owed.

Who can claim?

We have assisted homebuyers, landlords, investors, and commercial clients in claiming compensation for surveying mistakes and omissions. Whether you are buying, selling, renovating, or developing property, if a surveyor failed in their duty of care, you may be entitled to take action. This is a type of professional negligence case, we can advise you on your rights and handle all aspects of a professional negligence claim against the surveyor.

Common Types of Surveyor Negligence

Surveyor negligence can take many forms. Some of the most common examples include:

Incorrect property valuations (valuation negligence):

Providing valuations that are significantly over or under the true market value, leading to financial loss (e.g. overpaying due to an overvaluation).

Failure to identify structural defects (building survey negligence):

Missing major faults such as subsidence, damp, wood rot, or roof instability during an inspection.

Inadequate property inspection:

Neglecting to inspect all accessible parts of a property, resulting in missed defects or issues.

Boundary or title errors:

Incorrectly identifying property boundaries or overlooking title issues, leading to boundary disputes or legal problems later on.

Omissions in survey reports:

Failing to report critical defects or to recommend necessary further investigations in the survey report.

Negligent advice beyond expertise:

Offering advice outside the surveyor’s expertise or failing to properly investigate matters before advising, resulting in bad guidance.

Failure to recommend specialists:

Not advising the client to obtain additional specialist reports (e.g. structural engineer, damp expert) when significant risks were evident.

Inaccurate measurements:

Errors in measuring property dimensions or land area, affecting valuations, renovation plans, or development potential.

Failure to detect hazardous materials:

Overlooking the presence of asbestos, lead paint, radon, or other environmental hazards that pose safety or remediation issues.

Neglecting environmental factors:

Failing to identify external risks like flood zones, land contamination, or nearby developments that could affect the property’s value or use.

Lack of planning/regs knowledge:

Missing breaches of planning permission or non-compliance with building regulations that should have been flagged.

Failure to note easements or rights of way:

Omitting to inform you of legal rights or restrictions (easements, covenants, rights of way) affecting the property.

Negligent project oversight:

Inadequate supervision of a property development or renovation (if the surveyor is project-managing), leading to defects, delays, or cost overruns.

Failure to identify invasive species:

Overlooking the presence of Japanese knotweed or other invasive plants that can damage property structure or value.

Negligent certification:

Issuing certificates (e.g. saying a building is structurally sound or compliant) without sufficient inspection to back it up.

Ignoring market conditions:

Providing an outdated or unrealistic valuation by ignoring current market trends and comparable sales data.

Poor communication:

Failing to explain important survey findings clearly, or not highlighting critical issues to the client in the report.

Inadequate supervision of staff:

Allowing inexperienced or unqualified junior staff to conduct key parts of the survey without proper oversight.

Failure to update on findings:

Not alerting the client promptly to significant issues discovered during the survey process.

Any of these failings can cause substantial financial loss, inconvenience, and distress. If you recognise one or more of these issues from your own experience with a surveyor, you may have grounds to pursue a professional negligence claim against them.

Consequences of Surveyor Negligence for Buyers, Investors and Businesses

Surveyor negligence often leads to serious repercussions for property purchasers and owners. These may include:

• Financial loss on purchase or sale: You might overpay for a property based on a faulty survey or valuation, or find that you cannot sell it later for the expected market value.
• Unexpected repair costs: Discovering severe defects post-purchase (that should have been identified by the surveyor) can leave you with hefty bills for remediation and repairs.
• Health and safety risks: Undisclosed issues like subsidence, dangerous materials (e.g. asbestos), or structural weaknesses could pose safety hazards or make the property partially uninhabitable.
• Lost investment opportunities: Errors in the survey may lead to reduced rental yields, missed profits on a development, or even the abandonment of a project that turned out not to be viable.
• Project and transaction delays: Your plans (moving in, leasing out, renovations, or developments) can be disrupted due to unforeseen problems that a competent survey would have caught.
• Legal disputes or regulatory action: For example, boundary mistakes can lead to disputes with neighbors, or missed planning permission issues could result in enforcement action by local authorities.

For those affected, the law provides a remedy. In fact, a recent Court of Appeal case Large v Hart [2021] reaffirmed that victims of a negligent survey can recover the full extent of their losses, typically measured by the drop in the property’s value and the cost of required repairs (the usual “diminution in value” approach to damages). Our solicitors will work diligently to recover your financial losses and, where possible, get your property plans back on track. We aim to secure compensation covering the decrease in your property’s value, the expenses of necessary remedial works, and any other losses you have incurred due to the surveyor’s negligence.

Can I Sue a Surveyor for Negligence?

Yes – you can sue a surveyor for negligence if certain conditions are met. To succeed in a surveyor negligence claim, you generally must demonstrate all of the following elements:

• Duty of Care: The surveyor owed you a duty to perform their services with reasonable skill and care. (This is usually established by the contract or agreement when you commissioned the survey. Even if the lender commissioned the survey, the duty can extend to you as the buyer, see our FAQ below.)
• Breach: The surveyor breached that duty by failing to meet the standards expected of a reasonably competent professional. In other words, they did something (or failed to do something) that no careful surveyor should, such as missing an obvious defect or making an unjustifiable valuation error.
• Causation: You relied on the surveyor’s advice or report, and as a result of that negligent advice/report, you suffered loss. (If the error had not been made, you would not be in the financial position you now find yourself in.)
• Loss: You have incurred actual financial loss due to the surveyor’s negligence. This is typically measured by the cost of repairs required, the reduction in the property’s value, or other direct financial losses stemming from the mistake. Read our article on Damages in Surveyor Negligence Claims.

If you can prove duty, breach, causation, and loss, then you have a strong basis for a negligence claim against the surveyor. We will gather the necessary evidenc, including documents, correspondence, and independent expert reports from another surveyor, to build a robust professional negligence case on your behalf. Our goal is to clearly show where the surveyor fell short and to establish the link between their failings and your financial loss. Read our guide to making a Professional Negligence Claim.

• Extensive expertise: Our specialist surveyor negligence solicitors have decades of experience in this field. We have handled numerous surveyor negligence cases, as well as closely related matters like conveyancing negligence claims (negligent property conveyancing) and other property-related professional disputes. This breadth of experience means we know how to tackle even the most complex negligence scenarios.
• Professional recognition: We are accredited members of the Professional Negligence Lawyers Association (PNLA), a mark of our expertise in this niche area of law. You can trust that your claim will be handled by recognised professionals in negligence litigation.
• Successful results: We have a proven history of recovering substantial compensation for clients who have been let down by negligent surveyors and other professionals. Our team’s past successes demonstrate our ability to hold surveyors accountable and secure the redress our clients deserve.
• Tailored service: We pride ourselves on providing personal, clear, and proactive support from the outset to the conclusion of your case. You will deal directly with a senior solicitor who will take the time to understand your situation and objectives. We tailor our strategy to your unique circumstances and keep you informed at every stage.
• No Win, No Fee options: We believe everyone should have access to justice, regardless of means. In appropriate cases we offer No Win, No Fee arrangements, so you can pursue a claim without worrying about legal bills unless your case is successful. This gives our clients peace of mind and confidence in proceeding with a claim.

We combine technical excellence in the law with first-class client care. Our focus is not only on the legal fight, but also on supporting you through what can be a frustrating experience of being let down by a trusted professional. When you instruct Carruthers Law, you can be assured your case is in capable and committed hands.

Frequently Asked Questions about Surveyor Negligence Claims

What evidence do I need to prove surveyor negligence?

You will need several key pieces of evidence to support your claim. This includes a copy of the original survey report or valuation, documentation of the defects or errors that the surveyor overlooked, proof of the financial loss you have suffered (such as invoices for remedial works or evidence of the property’s true value), and often an independent expert report from another surveyor backing up your allegations of negligence. Together, these will establish what went wrong and the impact it had on you.

Can I claim if the surveyor was instructed by my mortgage lender?

Yes. In many cases a surveyor owes a duty of care to both the mortgage lender and the property buyer. Even if you did not directly hire or pay the surveyor, you may still be able to sue if you relied on their report. The key question is whether it was foreseeable to the surveyor that you, as the buyer, would rely on their survey report – if so, the law often finds that a duty of care was owed to you. (This principle has been supported by case law in situations where purchasers rely on lender-commissioned surveys.) We can assess whether a duty was owed in your specific circumstances and advise you on the best way to proceed.

How long do I have to bring a claim against a surveyor?

Generally, you have six years from the date of the surveyor’s negligent act to start a claim. This is the standard limitation period for negligence under the Limitation Act 1980. In some situations, the time limit can be extended – for example, if you only discovered the negligence later on (this is known as “latent damage”), you may have 3 years from the date you became aware of the problem to bring a claim, even if the six years has passed. Early advice is essential because these time limits are strictly enforced. If in doubt, consult us as soon as possible so you don’t miss the opportunity to claim. Read up to date information as to Limitation periods in Professional Negligence claims.

Will my case have to go to court?

Not necessarily. Many surveyor negligence claims are resolved through negotiations and settled out of court without the need for a trial. We will attempt to secure a fair settlement for you by presenting a strong case to the surveyor’s insurers. However, if the other side will not agree to a reasonable settlement, we are fully prepared to issue court proceedings and pursue your case through the courts. Our team has significant litigation experience, so if going to court becomes necessary, you will have expert representation to fight for the compensation you deserve.

Can you act for me on a No Win, No Fee basis?

Yes – in appropriate cases. We frequently offer Conditional Fee Agreements (commonly known as No Win, No Fee agreements) for surveyor negligence claims. This means there is no upfront cost to you and you only pay our fees if your claim is successful. During our initial consultation, we will assess the viability of your case and advise whether a No Win, No Fee arrangement is available. If it is, this option can greatly reduce your financial risk in pursuing a claim.

Read our up to guides on  Surveyor Negligence claims

Supreme Court Clarifies Developers’ Rights to Recover Costs for Remedial Works

Damages in Surveyor Negligence claims

Valuers Negligence:Margin of Error

Riparian Ownership: Surveyor Negligence

A Guide to drafting your Witness statement.

The Courts System

Disclosure and inspection in my Surveyor Negligence claim

Related Professional Negligence Services

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• Architects Negligence
• Accountants Negligence
• Financial Adviser Negligence
• Conveyancing Negligence