Professional negligence happens when a professional you relied on — a surveyor, solicitor, architect or accountant — falls below the standard of a reasonably competent member of their profession, and you suffer loss as a result. In property, the most common example we see is surveyor negligence: a survey or valuation that missed something it should have caught, leaving the buyer facing bills the report never warned them about.
What Counts as Surveyor Negligence?
Not every unwelcome discovery after moving in is negligence. The legal test is whether a reasonably competent surveyor, acting at the same level of service, would have identified and reported the issue. Missing significant damp readings, overlooking visible structural movement, failing to flag obvious roof defects within the scope of the inspection, or valuing a property far outside the defensible range can all qualify. A defect concealed behind furniture during a Level 2 inspection usually will not.
What You Need to Prove
A professional negligence claim needs three things: a duty of care (the surveyor’s contract with you), a breach of that duty (work below the competent standard), and loss caused by the breach (typically the difference between what you paid and what the property was worth, or the cost of repairs you could not anticipate). The evidence that ties these together is an independent expert report.
How an Expert Witness Surveyor Fits In
Courts do not take either side’s word for what a competent surveyor would have done — they rely on independent expert evidence. Our surveyor negligence expert witness service provides CPR Part 35 compliant reports that assess the original inspection against professional standards, for claimants and defendants alike. We also act in valuation disputes where the argument is about the figure rather than the inspection.
Time Limits Matter
Negligence claims generally must be brought within six years of the negligent work, or three years from when you could reasonably have discovered it (subject to a 15-year long-stop). If you suspect a negligent survey, take advice early — evidence dates quickly.
Suspect a survey missed something serious? Speak to our expert witness team for an independent view of whether the original report fell short. Call 020 4579 8270 or request a call back.