Buying a property is one of the biggest financial commitments most people will ever make. For many buyers, a property survey is an important part of the process, providing reassurance about the condition of the building before they commit to the purchase.

But what happens if you rely on a surveyor's report, complete the purchase and then discover serious problems that you believe the surveyor should have identified?

In some circumstances, it may be possible to make a surveyor negligence claim and seek compensation for the financial losses caused by inadequate professional advice. However, discovering a defect after buying a property does not automatically mean that the surveyor was negligent.

The circumstances of each case need to be considered carefully, including the type of survey undertaken, the surveyor's instructions, what was reasonably visible at the time of the inspection and whether the surveyor failed to meet the standard expected of a reasonably competent professional.

What is surveyor negligence?

A surveyor may owe their client a professional duty to carry out their work with reasonable skill and care. If they fail to do so and that failure causes the client to suffer a financial loss, there may be grounds for a professional negligence claim.

For example, a claim against a surveyor could potentially arise where a surveyor fails to identify a significant defect that should reasonably have been apparent during an inspection and the buyer subsequently incurs substantial costs as a result.

Possible issues might include serious damp, structural movement, subsidence, significant roof defects or other problems which fall within the scope of the survey that was commissioned.

However, the key question is not simply whether something was missed. The important issue is whether the surveyor was negligent in failing to identify or report it.

The scope of the particular survey is therefore extremely important. Professional surveying standards recognise that different types of residential survey provide different levels of inspection and reporting.

When might you have a claim against a surveyor?

There is no automatic right to compensation simply because a survey did not identify every defect in a property.

A surveyor's responsibilities will depend on the terms of their engagement and the work they agreed to carry out. A relatively basic survey will not necessarily involve the same level of investigation as a more detailed building survey.

For example, if a surveyor was instructed to undertake an inspection appropriate to the property and a serious, readily observable defect was overlooked, this could potentially support an allegation of negligence.

Similarly, an inaccurate valuation may potentially give rise to a claim where the surveyor was professionally responsible for providing the valuation and the relevant requirements for a valid claim can be established.

On the other hand, a surveyor will not necessarily be responsible for defects which were concealed, inaccessible, outside the scope of the inspection or which could not reasonably have been identified at the time.

This is why obtaining legal advice before accusing a surveyor of negligence is important.

The question is not simply, "Did the surveyor miss something?" but rather, "Should a reasonably competent surveyor have identified or reported this problem given the instructions and circumstances?"

What evidence is needed for a surveyor negligence claim?

If you believe you have a claim against a surveyor, it is important to preserve the relevant documentation.

This could include:

• original survey report
• surveyor's terms of engagement
• photographs
• correspondence
• property's particulars
• valuation information
• documents relating to the purchase

You should also obtain evidence of the problem itself. For example, if serious structural defects are subsequently discovered, an appropriate independent professional may need to establish the nature and extent of the defect and, importantly, whether it should reasonably have been identified during the original inspection.

A professional negligence claim generally requires more than simply proving that something went wrong. It is also necessary to establish the connection between the alleged negligence and the financial loss suffered.

What compensation can you claim from a negligent surveyor?

The amount potentially recoverable will depend entirely on the circumstances of the claim and the losses that can be established.

Depending on the case, losses might include reasonable costs associated with putting defects right, professional fees and other financial consequences flowing from the alleged negligence.

However, compensation is not necessarily the same as the entire cost of repairing a property. The legal assessment can be more complicated, particularly where the property had defects before the survey was carried out or where the claimant would have incurred some expenditure regardless of the surveyor's error.

A professional negligence solicitor will therefore need to examine what would probably have happened if the surveyor had carried out the work correctly.

Read: How to prove financial loss in a professional negligence case in the UK

What should you do if your surveyor missed defects?

If you discover significant problems after buying a property and believe your surveyor may have been negligent, do not immediately assume that you have no options.

Start by gathering the original survey and all related paperwork. Keep records of when the defect was discovered and obtain appropriate evidence of the property's condition. It is also sensible to keep records of quotations, invoices and other expenses arising from the problem.

You should then seek specialist legal advice before approaching the surveyor with detailed allegations. A solicitor can assess whether there appears to be a viable professional negligence claim and advise you on the appropriate next steps.

Professional negligence claims are subject to limitation periods, so it is important not to leave matters until the position becomes urgent.

How does a professional negligence claim against a surveyor work?

Where appropriate, a professional negligence claim will generally begin with correspondence setting out the complaint and the losses being claimed rather than immediately issuing court proceedings.

The Civil Procedure Rules contain a specific Pre-Action Protocol for Professional Negligence, which encourages the parties to exchange relevant information, investigate the allegations and attempt to resolve the dispute before court proceedings become necessary.

The protocol also recognises that expert evidence may be required in professional negligence disputes, including evidence concerning whether the professional breached their duty and whether that breach caused the claimant's loss.

In many cases, resolving a dispute without going to court will be preferable if a reasonable settlement can be reached. However, if liability cannot be agreed, court proceedings may ultimately be necessary.

Read: How to file a professional negligence claim against a business in Wales

Can you sue a surveyor for negligence?

Potentially, yes - but every case depends on its individual facts.

A successful claim against a surveyorgenerally requires evidence establishing that the surveyor owed a relevant duty, failed to meet the required standard, and that this failure caused an identifiable financial loss.

The fact that you have discovered an expensive problem after buying a property is not, by itself, enough.

That distinction is important because property surveys are not guarantees that a building is free from defects. They are professional inspections carried out within a defined scope.

Speak to a professional negligence solicitor

If you have discovered serious defects in a property after relying on a surveyor's report, it is understandable to feel frustrated - particularly if you believe you would have made a different decision had the problem been identified before you purchased the property.

At Fonseca Law, our professional negligence experts in Ebbw Vale can assess the circumstances of your case and advise you on whether you may have grounds for a claim against a surveyor.

We can examine the survey report, the circumstances surrounding the inspection and the financial losses you have suffered, helping you understand your options before deciding how to proceed.

If you believe you have been affected by surveyor negligence, obtaining advice sooner rather than later can be important. Professional negligence claims can involve complex questions of duty, breach, causation, evidence and limitation, so early specialist advice can make a significant difference.