Before a claim there is a complaint. For surveyors, the complaints route is more structured than most people realise, it is free, and it produces a document — the firm's response — that a solicitor will want to see. It also has limits, and the most important is that it does nothing to protect your time limit.
Step one: the firm's complaints handling procedure
Every firm regulated by the Royal Institution of Chartered Surveyors must operate a written complaints handling procedure and give you a copy on request. Most set out two stages: an internal review by a named person, followed — if you remain dissatisfied — by referral to an independent redress scheme.
Put your complaint in writing. State the level of survey, the date, the defect, when and how you found it, why you say it should have been identified, and what you want. Attach photographs and any specialist report you already have. Ask for the firm's inspection notes, photographs and moisture readings; you are entitled to request the personal data they hold about you and your property under the UK GDPR, and the surveyor's notes will usually fall within it.
Keep it factual and short. The purpose is to put the firm on notice and elicit their position, not to argue the case.
What the reply tells you
The firm will typically pass the complaint to its professional indemnity insurer, and the reply will often be drafted with the insurer's involvement. Read it for the defence it signals:
- Scope: "the rear slope was not visible from ground level"; "a Level 2 survey does not include lifting floor coverings". Check whether the report actually said so.
- Caveats and recommendations: "the report recommended a specialist damp survey, which you did not obtain". Check whether it did, and how clearly.
- Timing: "there is no evidence the defect was present at the date of inspection". This is why you gather dated evidence early.
- Measure: "the repair cost is not the measure of loss". True, and dealt with in the guide on diminution in value.
An offer at this stage is not unusual for smaller claims. Before accepting, ask whether it is in full and final settlement and whether it reflects the value drop rather than the firm's view of the inconvenience.
Step two: the redress scheme
RICS requires firms carrying out work for consumers to belong to an approved redress scheme. The commonest is The Property Ombudsman; others include the Property Redress Scheme and the Centre for Effective Dispute Resolution. The firm's terms of engagement or complaints procedure will say which one. Separately, RICS runs a Dispute Resolution Service offering mediation and adjudication, which either side can propose.
Redress schemes are free to the consumer, informal, and paper-based. They usually require you to have exhausted the firm's own procedure, and to bring the complaint within a set period of the firm's final response — commonly twelve months. They look at whether the service fell below a reasonable standard and can direct the firm to apologise, take action, or pay compensation.
Two limits matter. First, each scheme caps the compensation it can award; check the current figure on the scheme's website before you decide it is the right route, because it will be well below the loss on many missed-defect claims. Second, if you accept an award, the complaint is generally settled in full and you cannot then sue for the balance. If you reject it, your right to bring a claim is preserved.
What none of this does
Complaining does not stop the limitation clock. Not the internal procedure, not the redress scheme, not correspondence with the insurer. If your estimated deadline is inside a year — the check will tell you — do not wait for the process to complete. A solicitor can ask the insurer for a standstill agreement or issue protective proceedings while the complaint continues; see Am I too late?.
When the complaint should become a claim
The redress route suits smaller losses where the cap is not a constraint and the facts are simple. A claim under the Professional Negligence Pre-Action Protocol is the better route where:
- the loss is likely to exceed the scheme's cap;
- the firm disputes that the defect was present or visible, so expert evidence is needed;
- the measure of loss is contested and a retrospective valuation will be required;
- the surveyor's firm has closed or merged, and the correct defendant and insurer need tracing; or
- your deadline is close.
The protocol is described in the professional negligence pre-action protocol and, from the point at which the insurer replies, in the surveyor's insurer says no.
If the firm has closed
Surveyors' professional indemnity insurance is compulsory under RICS rules, and RICS requires firms that cease trading to maintain run-off cover for a period after closure. A claim against a closed firm is therefore usually still a claim against an insurer. Do not assume closure ends the matter; a solicitor can trace the successor practice or run-off insurer.
What a solicitor will want from you
- Your written complaint, with the date sent.
- The firm's acknowledgement and final response, and any offer made.
- Any redress-scheme reference, decision or proposed award.
- The firm's inspection notes and photographs if you obtained them.
- Your estimated limitation deadline, so they know how much time the process can be allowed to take.
This guide is general information about the law of England and Wales. It is not legal advice. CasePoint does not cover personal injury, including injury caused by a building defect.
Frequently asked
Should I complain before I see a solicitor?
Usually yes, for two reasons: the professional negligence pre-action protocol expects the surveyor to have notice before a formal claim, and the firm's reply often tells you their defence — scope, caveats, 'not visible' — before you have spent anything. But complain in writing, keep it factual, and do not let the process run on if your limitation deadline is inside a year.
If a redress scheme offers me an award, should I take it?
Not without thinking about the size of your loss. Redress schemes cap what they can award, and accepting an award usually settles the complaint in full. If your loss is well above the cap, or the scheme's view of the value drop is much lower than your evidence, a solicitor can tell you whether a claim under the protocol is the better route.