Navigating Competence and Claims: A Balanced Perspective for Experienced Surveyors
The bedrock of the surveying profession is trust – trust that the advice provided is both expert and diligent. Recently, we have observed a discernible increase in professional indemnity claims against experienced surveyors, often citing the standard of the reasonably competent surveyor.
This is a challenging environment, but understanding the professional landscape is key to effective risk management for you and your firm. This article aims to offer a supportive, non-patronising analysis of the current situation, serving as a vital touchpoint for surveyors, insurers and solicitors involved in property claims and an update on the Home Survey Standard as the new version passes through the consultation phase.
The Standard of Competence: A Crucial Reminder
The standard of a reasonably competent surveyor is dynamic and evolves with industry best practice. For the experienced surveyor, this can present a unique challenge. While years of practice confer deep-seated knowledge and skill, they must be demonstrably applied in accordance with current standards.
All members and member firms of RICS are under a strict professional obligation to ensure that they only accept instructions they are competent to carry out. This is non-negotiable. Delivering a required service in a professional and diligent manner demands the appropriate knowledge, skills, and relevant experience.
Where an instruction falls outside a surveyor’s direct area of expertise or recent professional experience, the instruction must be handled responsibly:
- Refer the instruction to a suitably competent colleague within the firm.
- Decline the instruction outright.
This self-assessment of competency is the first and most robust line of defence against potential claims.
The RICS Home Survey Standard: A Safety Net
The introduction and continued evolution of the RICS Home Survey Standard (1st edition, May 2019, amended August 2020) has sparked significant debate across the surveying community. Many experienced professionals value and prefer to adhere to established, bespoke reporting formats honed over decades. This professional preference is understood and respected.
However, the RICS Standard serves a critical function, particularly in the context of professional negligence claims. The debate around reporting formats often overlooks a key benefit: adherence to a published, industry-recognised standard provides a clear, defensible benchmark of competence and due diligence.
While the Standard may dictate structural and procedural changes that feel restrictive, following the RICS Home Survey Standard offers a demonstrable framework for supporting surveyors to meet the ‘reasonably competent surveyor’ test. It provides clarity on the scope of work, limitations, and expectations – elements often scrutinised in litigation.
Forthcoming Updates and Community Debate
The RICS Home Survey Standard is currently under review. This review reflects the profession’s continuous effort to improve consistency, clarity, and relevance. We strongly encourage all surveyors to engage with the updates, as they will directly impact best practice and, by extension, the standard against which their work is judged.
The conversation around report format versus professional judgment is central to the community debate. While professional judgment remains paramount, ensuring that it is executed within a recognised, contemporary framework is vital for risk mitigation.
Stakeholder and Key action/focus
Surveyors – Prioritise accurate self-assessment of competence; engage with RICS Standard updates; ensure adherence to the scope of service.
Insurers – Recognise adherence to the RICS Standard as a key risk mitigation factor; support members’ professional development in line with evolving standards.
Solicitors – Understand the dual role of the RICS Standard: as a required professional framework and as a tool for demonstrating competence in expert witness proceedings.
For detailed information on the current Standard and future updates, please consult the official RICS resources: Latest information on the RICS Home Survey Standard update
For more information on Dobson-Grey Expert Witness Services contact Justine Holt, Business Development Executive, [email protected] , 01789298006