Terms of Engagement
Hogbens Chartered Surveyors (Regulated by RICS)
Version 1.5 – September 2025
1. Our Details
Hogbens Property Services Ltd trading as Hogbens Chartered Surveyors
Registered in England & Wales – Company No. 08550147
RICS Firm Registration No. 741226
Registered Office: 19 Chestergate, Macclesfield, Cheshire SK11 6BX
Tel: 0161 477 7770 | Email: office@hogbens.co.uk
Regulated by the Royal Institution of Chartered Surveyors (RICS). Professional Indemnity Insurance held with a limit of £1,000,000.
All services are provided by Hogbens Property Services Ltd. No individual employee, consultant or director accepts personal liability.
2. Scope of Services
We will provide the professional services described in your quotation, which may include:
- Residential Surveys (RICS Level 1, 2, or 3)
- Commercial Building Surveys
- Schedules of Condition
- Specific Defect Reports
- Drone Roof and Site Inspections
- Valuations (by RICS Registered Valuer if instructed)
- Project Management or Contract Administration
- Property Management Services
The scope, purpose, fee, and limitations will be confirmed in writing.
3. Purpose and Reliance
Our report is prepared solely for the named client(s) and for the stated purpose. No responsibility is accepted to third parties or for other uses. Liability is limited to the named client(s) and the stated purpose.
4. Report Delivery
We aim to issue the written report within five (5) working days of inspection, subject to full access and no unforeseen delays. Time is not of the essence unless expressly agreed in writing.
5. Verbal Feedback
Any verbal overview provided prior to the written report is for convenience only. You must not act or rely on verbal comments. Only the written report may be relied upon. We accept no liability for actions based on verbal feedback.
6. Fees, Invoicing and Payment
- Invoices are issued with the completed report.
- Payment is due immediately upon receipt.
- Late payments accrue interest at 4% above the Bank of England base rate.
- Additional services are charged separately as agreed.
7. VAT
Hogbens Property Services Ltd is VAT registered. All fees are exclusive of VAT, charged at the prevailing rate.
8. Cancellation Policy
| Timing of Cancellation | Fee Payable |
|---|---|
| More than 48 hours before inspection | No fee |
| Within 48 hours | 25% |
| Within 24 hours | 50% |
| After inspection | 100% |
Cancellations must be made in writing to office@hogbens.co.uk.
For consumer clients instructing remotely, a 14-day cooling-off period applies under the Consumer Contracts Regulations 2013. If you ask us to start work within that period, you agree to pay for any work completed if you later cancel.
9. Access, Health and Safety
Inspections are visual only and carried out from safe and accessible positions. We reserve the right to decline access to unsafe areas and accept no liability for parts not inspected due to safety concerns or restricted access.
10. Limitations and Exclusions
Unless agreed otherwise, our services do not include:
- Testing or design of building services
- Structural calculations
- Invasive or destructive investigations
- Laboratory testing
- Asbestos sampling or surveys
- Cost estimates (unless stated)
- Legal, planning, or conveyancing advice
- EPCs or environmental assessments
Further investigations will be recommended where necessary.
11. Asbestos
We are not asbestos surveyors. You should assume asbestos may be present (especially in buildings built before 2000) and instruct a specialist asbestos survey under the Control of Asbestos Regulations 2012. We accept no liability for losses arising from asbestos.
12. Environmental and Sustainability
We do not provide formal environmental or sustainability assessments unless specifically instructed.
13. Statutory Compliance
We do not confirm compliance with Planning, Building Regulations, or Listed Building Consent. Your legal adviser must verify these.
14. No Guarantee
Our advice is based on a visual inspection and professional judgement. We cannot guarantee all defects will be identified or that no future defects will occur.
15. Assumptions
We assume the property:
- Has good and marketable title
- Has necessary consents
- Is built on stable ground
- Is connected to mains services
- Is free from hazardous materials except as noted
16. Client Responsibilities
You agree to:
- Provide accurate information
- Ensure access is available
- Pay all fees promptly
- Read and act on the written report
- Obtain any recommended specialist reports
17. Liability and Insurance
Our total aggregate liability is limited to the lower of:
- £1,000,000, or
- Ten (10) times the fee (exclusive of VAT) for the relevant service.
We are not liable for indirect, consequential, or economic losses. Nothing limits liability for death, personal injury, or fraud. Liability rests solely with Hogbens Property Services Ltd, not individual staff.
18. Third-Party Reliance
No third party may rely on our report without prior written consent.
19. Intellectual Property
All reports and materials remain our intellectual property. You are granted a non-exclusive licence for the stated purpose only.
20. Data Protection and IT Security
We comply with UK GDPR and the Data Protection Act 2018. Records are kept for six (6) years and then securely destroyed. We are not liable for cyberattacks or data loss beyond our control.
21. Project Management
- We are not contractors and give no warranties on cost, time, or performance.
- We are not liable for contractor actions or insolvency.
- Clients remain party to third-party contracts.
22. Property Management
We are not accountants or tax advisers. You must obtain independent financial and tax advice. Client money is handled per RICS Client Money Handling Rules.
23. Electronic Communication
We may communicate electronically. You accept associated risks. We are not liable for losses from interception or delay beyond our control.
24. Conflict of Interest
We identify and manage conflicts and will notify you if one arises.
25. Force Majeure
We are not liable for delays or failures due to events beyond our reasonable control.
26. Professional Standards
Services are delivered with reasonable skill, care, and diligence in line with RICS standards.
27. Client Duty to Act
You must act upon our recommendations and obtain specialist advice before exchange of contracts.
28. Instruction and Acceptance
Instructions are accepted when you:
- Confirm verbally
- Confirm by email, or
- Accept a quotation online.
By confirming, you form a binding contract under these Terms.
29. Severability
If any clause is invalid, the remainder remains enforceable.
30. Variation
No variation is valid unless agreed in writing by both parties.
31. Complaints Handling
We operate a RICS-compliant Complaints Handling Procedure. If unresolved, complaints may be referred to:
The Property Ombudsman
Tel: 01722 333306 | Web: www.tpos.co.uk
32. Governing Law
These Terms are governed by English law and subject to the courts of England and Wales.
33. Entire Agreement
These Terms, your quotation, and instruction confirmation form the entire agreement. By instructing us, you confirm you have read and accepted these Terms.
Hogbens Property Services Ltd t/a Hogbens Chartered Surveyors – Company No. 08550147 – RICS Firm Registration No. 741226 – Regulated by RICS – Version 1.5 (September 2025)
