longstanding movement

[kate2222]

Remortgaing on a buy to let, surveyor put a £10k retention and recomended a structural survey as evidence of movement. When I phoned him he was pretty certain all ok and was passing the buck and watching his back (his words), I said if I pay for SE report and it was satisfactory would he pass survey and he said yes. Had report done, all ok but recomended 1 the drain and gully adjacent to front wall repair/replace if and as necessary within next 12 months to prevent longterm softening of the foundation supporting stratum that is probably responsible for the limited longterm differential foundation settlement that is occuring to the property in this area.

2 It would be necessary to stitch together the inner and outer skins of gable wall and outrigger side wall if any lateral distortion of these walls is progressive in the future but such remedial works are not necessary to date.

The surveyor has now seen this report but is refusing to confirm to lender that no further movement may take place on property, even tho SE report confirmed this. So the lender has declined the offer. My broker is going to ring ther surveyor to see why he is not accepting the SE report and not confirming no further movement. The SE has told me if I got the drain tested/repaired if necessary he would then re survey it and pass it off! I have spend £600 here and don;t want to loose it when there is nothing wrong with the property. I have had 4 previous surveys done and all said evidence of movement but not progressive. Any advice would be welcome, it doesnt seem fair that he reco's a SE report and then refuses to commit.

 

[^woody^]

If the surveyor is not competent to comment on structural matters and so requires an engineers report, then he is also not competent to comment on , or interpret the engineers findings and recommendations. He must accept the engineers conclusions

No-one can ever say that a building will never ever move. But if the engineer is saying that future movement is unlikely, or if he is saying that certain work will make future movement unlikely, and that work is carried out, then the surveyor must accept that future movement is unlikely.

Ask the surveyor who you would lodge a complaint with in his practice or who/if a more senior partner is available to get a different opinion. Also ask who his insurers are which may get his attention

 

[kate2222]

Thank you Woody. I just couldnt understand why he asked for a SE report and then refused to commit. My understanding is if anything did go wrong it would be the SE who was accountable and not the surveyor? My broker is going to speak with the surveyor tomorrow. Is it possible to ask the company who the surveyor works for to send round a more competent surveyor, at their expense? I am so mad at his lack of competence, if he has no faith in his work then he is in the wrong job. The property is over 100 yrs old and I have had 4 previous surveys for mort purposes each one confirming evidence of movement but not progressive.

 

[kate2222]

just wondering whether if i got indemnity insurance would this please the valuer??

 

[kate2222]

the surveyor has confirmed that although he could not guarantee 100% no further movement (and he can never guarantee 100% on any property) it is highly unlikely any future movement will occur. the broker will ring the lender tomorrow and appeal the decline, having looked back on my past survey reports they all state historic movement and future movement is acceptable. this seems very unfair that they decline for this reason, so does this mean any further mortgage apps they get which reco a SE report they will decline them??

also if i now have to do a new app with another lender, will i have to declare this decline to them?

 

[^woody^]

If the surveyor is working for the lender, then he may be under some instruction to not let anything pass which may affect the value/lender. Or he may be of the same mind just of his own choosing or to keep in with the lender.

So he is not being pragmatic and sensible, but being over-cautious

Indemnity insurance wont work in this case as the lender is just trying to ensure that the property is worth the money they lend on it in case you default. In any case this insurance is really for buyers not lenders

All these reports are purely for the lender and/or yourself. There would normally be a clause in the report to this effect, and that they can not be used or relied upon by anyone else and for any other purpose.

So use a different lender and they will instruct another surveyor and any previous reports wont be relevant - and you don't have to declare them

 

[kate2222]

thanks woody, the broker is going to try and get it over ruled tomorrow and to inform them that if they are refusing properties with historic movement then he will not have any confidence in giving them any more mortgage applications. i was concerned that any new app i make it will ask if ever been declined a mortgage and in theory now i have.

 

[kate2222]

well is a def decline, the surveyor cannot guarantee 100% no further movement, who can?? but he did state that the risk of future movement is highly unlikely. so i have now done a letter of complaint to the lender, i did everything they asked but it does not seem good enough for them, my concern is if anyone else has a survey for a mortgage with them and the results show evidence of movement, will that person pay for a SE report (which will be a waste of time as the lender does not seem interested in them) as no suveyor can guarantee 100%, surley if a SE has catagorically stated that movement was historic that should suffice, after all surley the SE is more qualified that the property suveyor, hence getting his opinion in the first place, bit like going to the docs with a lump and he refers you to a specialist!