Chartered Building Surveyor

A Chartered Building Surveyor is a property professional specialising in the construction, condition, repair, maintenance and alteration of buildings. In legal proceedings, they may provide independent expert opinion on matters involving residential and commercial property, including building defects, property disrepair, dilapidations, party wall matters, defective workmanship and remedial works.

Experts in this field are commonly Chartered Members or Fellows of the Royal Institution of Chartered Surveyors (MRICS or FRICS) and will usually hold a qualification in building surveying or a related discipline. Some also undertake specialist expert witness training. The suitability of an expert should always be assessed against the particular technical issues in dispute.

Chartered Building Surveyors are most frequently instructed in civil proceedings. In housing disrepair and property condition claims, they may inspect the premises, identify defects and provide an opinion on their nature, extent and probable cause. Typical issues include dampness, mould, water penetration, defective roofs, drainage problems, cracking, deterioration, defective windows and doors, and inadequate or incomplete repairs.

They may also be instructed in dilapidations disputes, particularly those concerning commercial property. This can involve reviewing or preparing Schedules of Dilapidations, considering repairing and reinstatement obligations, examining the condition of premises at lease expiry and advising on the scope of reasonable remedial works.

In party wall disputes, suitably experienced surveyors may provide expert opinion on matters arising under the Party Wall etc. Act 1996. This may include alleged damage caused by neighbouring works, comparison with Schedules of Condition, cracking, movement and the technical reasonableness of remedial proposals.

A building surveyor may also investigate alleged construction defects or defective workmanship. Their role may involve determining whether a defect exists, considering possible causes, assessing whether further investigation is required and identifying appropriate remedial works. Where issues fall outside building surveying expertise, such as detailed structural engineering or specialist mechanical systems, another expert may be required.

The expert’s investigation will usually involve a review of relevant records and, where appropriate, a site inspection. Documentation may include the letter of instruction, tenancy agreements or leases, Schedules of Condition, Schedules of Dilapidations, Party Wall notices and Awards, drawings, specifications, photographs, maintenance records, repair records, contractor quotations, correspondence and previous survey reports.

The expert report should set out the expert’s instructions, qualifications, documents considered, inspection methodology, factual findings, technical analysis, opinion on causation, remedial recommendations and any relevant limitations. The report should clearly distinguish between observed facts, information supplied by others and professional opinion.

In civil proceedings, expert evidence must comply with CPR Part 35 and Practice Direction 35. The expert’s overriding duty is to assist the court on matters within their expertise, and this duty overrides any obligation to the instructing party. The expert must remain independent, objective and unbiased, identify matters outside their competence and consider evidence that may not support the instructing party’s case.