Frequently Asked Questions

What is a Chartered Surveyor?

Worldwide, when property surveys are mentioned, the professional described as a Chartered Surveyor often features. The Royal Institution of Chartered Surveyors is based in London and has about 120,000 members worldwide, the vast majority, of course, living and working in the UK. Campbell Ferguson is a committee member of RICS España. As we quote in our Survey Spain brochure, the RICS is dedicated to promoting excellence and safeguarding public interest in all property related matters. All Chartered Surveyors have to follow strict rules of ethical conduct, which are enforced by the RICS. Again it’s this latter point that the client is reassured by. We must have professional indemnity insurance so that if we make a mistake and it costs the client money, there is a fund there to recompense him or her.

Chartered Surveyors have to be respectful of their client’s interest and if they are not, or get up to any shady dealings, can be fined by or even thrown out of the Institution. And, unfortunately, it does happen with disciplinary proceedings being reported in the profession’s journal. Chartered Surveyors cover a wide range – QS, land, mining and even specialists in undersea surveys. Most people come across either Quantity Surveyors (a QS) – who can be very roughly described as being involved in the construction process, such as cost control, project management and the like; OR General Practice Surveyors who tend to be more involved with existing buildings and their defects or the finance, the market value, created by the building, its land and location. We are general practice surveyors and have worked on a huge range of property types and values (and with some interesting clients!) over the years.

Why have a survey?

The discovery of defects lets the buyer negotiate with the seller to have them repaired prior to sale or to reduce the price to cover the costs, uncertainty and inevitable hassle involved in building work. In extreme circumstances the client has to take the decision – What I can do for this property or what can this property do for me! It may be that there is too much to be done and it’s better to look for another property that will enable you to ‘live the dream’ of the Costa life.

What are the limitations of the survey? – (see General Background to Survey)

• Roof – Not on roof or in roof spaces unless open and easily accessible.
• Under Floor – Not under floor unless open and easily accessible.
• Electrical system – We try most lighting and socket circuits and record significant shortages or defects found. However, we do not carry out a detailed test of the circuits or supply. We shall be pleased to make arrangements for this to be done when we find items of concern or if particularly required by our client.
• Plumbing – We try most taps and note heat and pressure and drainage from the receptacle. We check most w.c., baths, showers, basins and sinks to ensure that they appear to empty without trouble. However, we do not carry out any purity or pressure testing. We shall be pleased to make arrangements for this to be done when we find items of concern or if particularly required by our client.
• Planning and Licences – We comment on all papers provided and on information of which we might be aware that is relevant. We do not carry out planning or licence investigations to the appropriate authorities. We shall be pleased to make arrangements for this to be done if we find items of concern or if particularly required by our client.

Why is it important to get an RICS member?

• RICS members are qualified and experienced professionals offering independent and impartial advice
• You can be confident the advice you get will be of the highest and most professional standard possible
• RICS members must update and enhance their skills, knowledge and competence throughout their working life through RICS’ Continuous Professional Development regulations
• All RICS members must follow a strict code of conduct, which regulates how they deal with their clients and their clients’ money
• Consumers are protected by a formal complaints handling procedure.

What to expect when you hire a chartered or technical surveyor

Qualified RICS members should always act in the best interests of their clients, employers and the wider public interest. They will:

• Act with integrity and honesty
• Deal fairly and openly with clients
• Disclose conflicts of interest
• Respect confidentiality
• Safeguard clients’ assets entrusted to them.

In carrying out work they will:

• Act promptly, diligently and with due skill and care
• Keep their professional and business knowledge up-to-date
• Act within clearly established guidelines
• Keep clients informed in a comprehensive and timely manner
• Act in accordance with RICS guidelines as applicable
• Carry appropriate professional insurances.

The ‘mark’ of a qualified surveyor

A chartered surveyor will use the letters MRICS or FRICS – meaning they are either a member or a fellow of RICS

A technical surveyor will use the letters AssocRICS – meaning they are a qualified technical member of RICS

If you are in doubt whether someone is a genuine member of the RICS, we can carry out a check on your behalf.

Why you should choose Survey Spain

Thank you for your enquiry. We shall be very pleased to assist. It will help us to quote accurately for the work if we know where the property is and what type it is. A copy of our standard work description and terms and conditions can be found on our website, but these can be tailored to each client’s particular requirements.

As to why you should use Survey Spain, we suggest you compare us bearing in mind the following:

1. The Survey Spain Network uses 12 RICS surveyors and valuers around Spain and the islands, all with many years experience of inspecting property around Spain plus UK, mainland Europe and many other parts of the World.
2. We are professional property surveyors and valuers, being RICS Chartered Surveyors. This is as a result of our being university trained and requiring further tests after periods of practical experience.
3. We are bound by professional and ethical rules of conduct and you have a right of appeal to our professional organisation in the event of there being any problems.
4. We have full RICS compliant professional indemnity insurance.
5. The majority are British and will report to you in English. Our culture is likely to be the same as yours, more or less, but we are fluent in Spanish to assist with discussions with owners, developers, contractors, etc.
6. Because we are professionals, our reports are likely to be taken more seriously by Law Courts, developers, contractors, lawyers, etc.
7. In addition to all the normal minor defects and snagging points, we are able to comment upon any that might have more significant structural or quality of construction effects.
8. We have the required construction vocabulary in Spanish for transferring the details to the developer in a style that the building contractor and tradespeople will understand. Without that, you can have a list of what you know needs to be done, but which the actual tradesmen on-site will not be able to understand or respect.
9. We know what we are doing and why we are doing it; which is to maximise the benefit to you.
10. We’ll be pleased to hear from you.

Complaints procedure of Survey Spain S.L.(formerly Ferguson Eley S.L. trading as Survey Spain)

NOTICE TO CLIENTS

Under the mandatory RICS regulations, we have a scheme for the handling of complaints against Survey Spain S.L. We notify you that our procedure is as follows.

1. We must be open and honest with Clients, working on an ‘open book basis, including declaring all possible conflicts as soon as they become known to us even if not raised by the Client.
2. We must be professional, conscientious and thorough in our work and treatment of Clients.
3. We must work within the Rules and Regulations of the RICS except where they are impractical or not applicable to RICS members working in Spain.
4. In the event of a complaint or realisation of circumstances that could lead to one, the Directors and employees must inform all the Directors immediately in writing (incl. email).
5. As soon as that is received the Client must be provided with a copy of this Complaint Procedure.
6. The Directors must then discuss the situation and jointly decide the action to be taken, including whether it warrants informing our professional indemnity insurer.
7. In the event of the individual within the Company, against whom the complaint is specifically raised, not being able to conclude the situation to the Clients satisfaction within a reasonable timescale, he should prepare a report for the others of all the circumstances and his conclusion. He should give that to the others along with all the papers including copy emails. The others should review the situation and then discuss, agree and implement the Company’s response to the Client.
8. In the event of the Client still being dissatisfied, the matter should be referred to the appropriate Spanish arbitrator, depending upon whether the client is an individual or a business. For individuals, this is regulated by Artílo 31 de la Ley General para la Defensa de los Consumidores y Usuarios and any subsequent amendments. For a business their arbitration recourse is by way of the arbitration procedure of Malaga Chamber of Commerce.
9. In the event of the Client still being dissatisfied, the matter should be transferred to our PI insurer for further advice and action, if they have not already taken responsibility earlier in the process.

MAY 2005 (Revised rename change July 2009 and Section 8 November 2013)

Insights of our surveys – Excerpts from a report template

Sent by the Inspector to the Agent or whoever is arranging access.

I refer to our conversation and am pleased to confirm our appointment at xxxxxxx on xxxxxx. It will be of assistance in speeding our report to our client and remove some conditionality if you could carry out/provide the following:

1. Nota Simple – as recent as possible.
2. A copy of the latest IBI receipt – to provide us with the Cadastral value and the Cadastral reference.
3. A copy of a recent electricity invoice – to provide us with the contracted supply capacity.
4. A copy of a recent water invoice – to check that it is reasonable for a property of this size.
5. The CEE – Certificado de Eficiencia Energética. Essential from the 1st June 2013.
6. A copy of the most recent ITE – essential for properties 50 years old and for less in some Municipalities.
7. Ensure that all areas of the buildings are open and accessible.
8. Ensure that the electricity and water are switched on.
9. If the property has underfloor heating, please have it switched on at least 12 hours before the Inspection at a high enough thermostat temperature for it to function.
10. If the property has air-conditioning/central heating, please have it switched on at least one hour before the Inspection at an appropriate thermostat temperature for it to function.
11. If the air conditioning is by individual wall-mounted units, please ensure that the controls units are all available and functioning.
12. Please have all water heaters switched on at least one hour before the Inspection.
13. If the property has a pool, ensure that the pool pump and filtration equipment is switched on at least one hour before the Inspection, and if heated that the heater is switched on at least 6 hours before the inspection.

Extract from Report Template for Building Inspection.

Contents Headings

1. Instruction
2. Preamble
3. Principle Concerns and Action Summary
4. Basics
5. Description
6. Construction (Assumptions must be made where the construction is hidden)
7. Accommodation
8. Garage, Outbuildings, Swimming pool, etc.
9. Services
10. Local Infrastructure (i.e. road surfaces, etc and works likely to be required in the future)
11. General observations on state of the buildings
12. As routine, we consider ….
13. Walk Round Inspection and List of Defects (also see photos and comments)
14. Essential Repairs and Recommendations
15. Answers to Clients Specific Questions
16. Measured Areas (Gross External (Construido))
17. Comment on Nota Simple (Title Deed Extract – see attached)
18. Comment on Cadastral Record (Tax Description – see attached)
19. Sales Agent’s Information
20. Size Comparisons (Measured, Title, Cadastral and Agent)
21. Reference Value for 20
22. Lease
23. Comment on Energy Certificate (CEE)
24. Comment on Planning
25. Comment on Community of Owners
26. ITE – Technical Inspection of Buildings – depending on age.
27. Radon Gas (If constructed after 2020 or in notifiable location)
28. Comment on Other Documents, Licences, etc.
29. ‘The Prudent Buyer and Seller’.
30. Building Inspector’s “If I were you” opinion on purchase of the property.
31. Other important factors – significant matters that require clarification.
32. Internal Photos of the Rooms in the Buildings
33. External Photos of the Building, Grounds and Location
34. Aerial Photos
35. General Cadastral Plan of Surrounding Properties and Boundaries
36. Coastal Law Map
37. Radon Map
38. Military Sensitive Areas Map
39. Location Maps
40. Nota Simple (Title Deed Extract)
41. Cadastral (Tax Description)
42. Energy Certificate – CEE
43. Estate Agent’s Information
44. ITE – Technical Inspection of Buildings
45. Copy of Letter of Instruction
46. Copy of Brief Initial Opinion (Provided by email within 48 hours of Inspection)

Preamble to the Report

1. As with all our reports, they are set out in table format to simplify finding essential information.
2. They are kept brief and to the point, ideally providing the essential information for the client without superfluous repetition and filling material.
3. Where available, we have relied upon official information obtained from the appropriate Property Registrar (Legal Title) and the Director of Catastral (tax description).
4. We were given access to the building by xxxxxxxxxxxxxxxxxxx, and provided with verbal information by xxxxxxxxxxxxxxxxx. The Estate Agents marketing the property are xxxxxxxxxxxxxxxxx, and they have provided us with information. We have relied upon that information, as noted below.
5. We have relied upon information provided by the client and/or property owner, as listed below.
6. If the information or documents provided were proved to be incorrect, the conclusions stated in this report could therefore be inaccurate and must be reconsidered.
7. We supplied an outline of our findings in our email of xxxxxxxx, headed ‘xxxxxxxxxxxxx’. The contents of that email can amplify the comments in this report and vice versa. The email is copied at the end of this Report.
8. Where we point out evidence of actual or assumed potential defects, we strongly recommend that further specific investigations are made to identify the perhaps hidden extent or seriousness of any possible defect. Unfortunately, we cannot do so in a single, comprehensive study of the whole property, but will be pleased to assist with such a detailed investigation.
9. Access to all areas is left to the decision of the Inspector depending upon personal safety.
10. The Inspector’s personal opinion is just that. Survey Spain accepts no responsibility for the emotive opinion expressed.
11. All sizes are gross overwall according to Catastral and Nota Simple conventions, unless stated.
12. All values are in € euro and all sizes metric.
13. The description of the floors follows the European convention of there being a Ground floor, then First floor, Second floor, and so on upwards.
14. The decision on whether to purchase a property or not is a matter of balancing the benefits and the detractions. Others will be promoting the benefits and whilst we can see these, our role is to report accurately on the state of the property, both physical and in the written descriptions and permissions.
15. Repairing any defects mentioned in this report will be a cost, which, depending upon their urgency and the buyer’s preference, may be required immediately or spread over months or even years. If they have not already been taken into account in the asking price for the property, there are the options of the seller volunteering to correct them prior to sale or negotiating a discount to compensate for these costs. Buyers should bear in mind that every property will be ‘less than perfect’ and that should be recognised when comparing with alternative purchases.

As routine, we consider the following, though they may not be commented on in the Report.

Location:
• Access/immediate road access/convenience for local and wider services and facilities/view/’tone’ of the immediate area.
Description:
• Shape, gradient and orientation of plot and buildings/association to surrounding land, buildings and roads/special features/access features.
Construction:
• Age/structure/floors/walls/roof/windows/doors/int. and ext. decoration
Accommodation:
• Entrance – orientation facing – approached off ….
• List of rooms with orientation. Bathroom list fittings e.g. bath, shower, washbasin, w.c. and bidet.
• Exterior garage, stores, pool, etc
Particular Items
• Road access and Parking – Boundaries – Structure – Climate and Building – Roof Covering – Water penetration from above – Water rising from below – Water elsewhere – Insect Infestation – Decoration – Water Supply – Hot Water –Sewerage –Electricity –Gas – Telephone – Television – Air Conditioning – Heating – Fireplace –Security System – Bathrooms – Kitchen –
Any other relevant items particular to the property or requested by our client.

Extract from Report Template for Valuations/Appraisals

Contents Headings
1. Instruction
2. Preamble
3. Principle Concerns and Action Summary
4. Basics
5. Description
6. Construction: assumptions have to be made where the construction is hidden
7. Accommodation
8. Carriages, Outbuildings, Swimming Pool, etc
9. Services
10. Local Infrastructure
11. General Observations on State of the Buildings
12. Repairs and Recommendations
13. Answers to Specific Questions
14. Measured Areas
15. Comment on Nota Simple (Title Deed Extract)
16. Habitation Certificate
17. Comment on Catastral Record (Tax Description)
18. Sales Agent’s Information
19. Size Comparisons
20. Reference Value
21. Lease
22. Comment on Energy Certificate
23. Comment on Planning
24. Comment on Community of Owners
25. Comment on ITE – according to age
26. Radon Gas
27. Other Documents, Licences, Etc
28. Actual Price Received and Paid
29. Amenities and Environment: general comment on situation locality and facilities
30. Marketability of the Property: Comment on significant factors that affect its marketability
31. General Market Influences. Also see valuation rationale
32. Valuation Rationale
33. Valuation Comparisons
34. Other Important Factors – significant matters that require clarification.
35. Internal Photos of the Rooms in the Building(s)
36. External Photos of the Exterior of the Building(s) and Grounds
37. Aerial Photographs
38. General Catastral Plan of Surrounding Properties
39. Coastal Law Map
40. Military Permission required by UK and other non-EU purchasers
41. Location Maps
42. Nota Simple (Title Deed Extract)
43. Catastral
44. Reference Value Certificate
45. Energy Certificate
46. ITE – Technical Inspection of aged buildings certificate
47. Letter of Instruction

Preamble to the Report

1. This assignment has been undertaken in accordance with our understanding of the RICS Valuation – Global Standards 2022, as they are applicable in Spain.
1.1. As defined in the Standards, in our valuation we have made Special Assumptions regarding
1.1.1. Vacant Possession, when in fact the building is occupied.
1.1.2. Planning Permission has been granted, when in fact it has not.
1.1.3. Building Works are completed, when in fact they are not.
2. As with all our reports, they are set out in table format to simplify finding essential information.
3. They are kept brief and to the point, ideally providing the essential information for the client without superfluous repetition and filling material.
4. We have relied upon official information obtained from the appropriate Property Registrar (Legal Title) and the Director of Catastral (tax description). Detailed information is given below.
5. We were given access to the building by xxxxxxxxxxxxxxxxxxx, and provided with verbal information by xxxxxxxxxxxxxxxxx. The Estate Agents marketing the property are xxxxxxxxxxxxxxxxx, and they have provided us with information. We have relied upon that information, as noted below.
6. Access to all areas is left to the decision of the surveyor depending upon personal safety.
7. We have relied upon information provided by the client and/or property owner, as listed below.
8. If the information or documents provided were proved to be incorrect, the conclusions stated in this report could therefore be inaccurate and must be reconsidered.
9. Where we point out evidence of actual or assumed potential defects, we strongly recommend that further specific investigations are made to identify the perhaps hidden extent or seriousness of any possible defect. Unfortunately, we cannot do so in a single, comprehensive study of the whole property, but will be pleased to assist with such a detailed investigation.
10. Many of the observations made relate to buyers of property. They must be considered as they will affect the ‘tone’ of the property and thus its value.
11. All sizes are gross overwall according to Catastral and Nota Simple conventions, unless stated.
12. We refer you to the section entitled ‘Valuation Rationale’ for an explanation of the current situation with regard to obtaining reliable completed market comparables.
13. All values are in € euro and all sizes metric.
14. The decision on whether to purchase a property or not is a matter of balancing the benefits and the detractions. Others will be promoting the benefits and whilst we can see these, our role is to report accurately on the state of the property, both physical and in the written descriptions and permissions.
15. Repairing any defects mentioned in this report will be a cost, which, depending upon their urgency and the buyer’s preference, may be required immediately or spread over months or even years. If they have not already been taken into account in the asking price for the property, there are the options of the seller volunteering to correct them prior to sale or negotiating a discount to compensate for these costs. Buyers should bear in mind that every property will be ‘less than perfect’ and that should be recognised when comparing with alternative purchases.

Valuation Rational

1. The property was valued on the comparable basis, whereby it was compared with properties being offered for sale of similar style, size and location as far as practically possible in the time available.
1.1. Due to the prevalence of extra-contractual payments and incomplete property descriptions, accurate, reliable sales information is not available in Spain, unless one is directly involved with the final stages of any particular transaction. Unfortunately, this means that the official registries statistics and analysis based upon them do not reflect the true market prices being paid.
1.2. As a result, the most accurate method available is to analyse from experience the asking prices for comparable properties. Evidence from transactions of which the valuer has accurate information is then applied to the asking prices to provide a general level of discount/appreciation to be applied. In addition, several variables can be applied, as appropriate, relating to the unique features of any particular property, it’s suitability for any particular use, the probability of any special purchasers, the likelihood of a significant ‘marriage value’, etc.
2. The existence of loans or debts secured over a property does not affect its market value, as it is assumed that these will be removed by the seller prior to the purchase.
3. The property cannot be valued in isolation as purchasers must be assumed to be prudent and to have alternative investment opportunities. Accordingly, the comparative purchase costs, returns, risks and final sale opportunities must all be considered.
4. The valuers within Survey Spain have considerable experience of property sales and this experience was applied to the information obtained and analysis in order to decide upon a final opinion of value.
5. Unless stated otherwise, all market values are calculated based on the RICS definition –
The estimated amount for which an asset or liability should exchange on the valuation date between a willing buyer and a willing seller in an arm’s length transaction after proper marketing and where the parties had each acted knowledgeably, prudently and without compulsion.
6. We have valued on the basis stated above, assuming that the property will be put on the market at a slightly higher price, but that the value stated should be achievable in the current market.
7. There has been no deduction for taxes, buying or selling costs or other ‘unavoidable’ expenses.
8. The current market value of a property, being the price that a prudent buyer would pay, and a prudent seller would accept, is not what the seller will finally receive or what the buyer will totally pay.
8.1. The Buyer has Survey, Legal, Notary and Registry fees. Transfer Tax, or VAT on new property, is the big one, at up to 10% of the price in some Regions. Insurances, Mortgage and Money Transfer charges, plus IVA (VAT) on most of these, can bring the total to 12% of the price or substantially more.
9. The Seller must deduct estate agent and legal fees and marketing expenses, then local and national capital gains taxes, plus the ubiquitous IVA (VAT) on most of these, all of which again can amount to 12% or substantially more.

Court Expert Witness Additions
Statements

‘I confirm that I have made clear which facts and matters referred to in this report are within my own knowledge and which are not. Those that are within my own knowledge I confirm to be true. The opinions I have expressed represent my true and complete professional opinions on the matter to which they refer. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.’

‘I confirm that my report has drawn attention to all material facts which are relevant and have affected my professional opinion.’

‘I will advise the instructing parties if, between the date of this report and the final hearing, there is any change in circumstances known to me which affect my opinion.’

‘I understand that it is my duty to assist the Court with matters within my own expertise, that this duty is owed exclusively to the Court and overrides any obligation to other persons from whom I received my instructions or by whom I have been paid.”

“I confirm that I have given my evidence impartially and objectively, and that I will continue to comply with that duty as required”

I have read Part 35 of the Civil Procedure Rules and the accompanying practice direction including the Protocol for the Instruction of Experts to give Evidence in Civil Claims and I have complied with their requirements. I am aware of the Practice Direction Pre-Action Conduct. I also confirm that I am aware of Family Procedure Rules and the requirements of Part 25 thereof and the associated Practice Directions.

‘I confirm that I am not instructed under any conditional or other success-based fee arrangement.’

‘I confirm that I have no conflicts of interest.’

‘I confirm, after enquiry, that the surveyors involved with this report have no known prior connection to the owner or any of the parties mentioned in this report or to the property.’

‘I confirm that my report complies with the requirements of RICS – Royal Institution of Chartered Surveyors, as set down in RICS practice statement ‘Surveyors acting as expert witnesses’.