Professional Negligence Claims Against Surveyors

Surveyors are instructed to provide independent, expert opinions on property value and condition. A negligent survey or valuation can result in purchasing a property at an inflated price, inheriting unforeseen liabilities, or making financial decisions based on incorrect information. Where that negligence causes financial loss, you may have a claim.

Freeman Harris acts for individuals and businesses bringing professional negligence claims against surveyors, valuers, and property professionals. Our team is led by Avi Gordon, a Legal 500-recognised Senior Solicitor and member of the Professional Negligence Lawyers Association.

Common grounds for claims against surveyors

• Overvaluation or undervaluation of a property
• Failure to identify structural defects, damp, subsidence, or other material conditions
• Negligent mortgage valuation resulting in lending decisions based on incorrect figures
• Failure to report on planning constraints, access rights, or title issues within the surveyor’s competence to identify
• Negligent reinstatement cost assessments leading to underinsurance
• Failure to advise a client to obtain specialist investigations where the circumstances indicated a risk

What you need to establish

To succeed in a claim against a surveyor, you need to show that the surveyor owed you a duty of care, that they fell below the standard expected of a competent surveyor of that type, and that you suffered a loss that was directly caused by the failure.

For valuation claims, the courts apply what is sometimes called the “bracket” approach: a valuation is not negligent simply because it differs from the market value established later. The question is whether the valuation fell outside the range that a competent surveyor could reasonably have produced at the relevant time.

The claims process

Claims against surveyors are subject to the Professional Negligence Pre-Action Protocol. We draft the Letter of Claim and manage the protocol process on your behalf. The surveyor’s professional indemnity insurer will respond and typically conduct negotiations. Most claims are capable of resolution without court proceedings.

The primary limitation period is three years from the date you knew or should have known of the negligence and the resulting loss. You should take advice as soon as you identify a potential problem, as limitation periods in surveyor claims can be fact-specific.

Contact us

If you believe a surveyor has been negligent, contact us for an initial review. We will assess the merits, the limitation position, and the likely measure of loss at the outset.