Additional Search Terms

We use the following Search Company to obtain your planning, flood risk, energy & infrastructure, coal & mining, environmental, and chancel property searches, as well as your subsidence report.

You are bound by their Terms and Conditions and are deemed to have accepted these Terms upon payment for your property searches. You can read the Search Company's Terms here - FCI Terms and Conditions.

We do not accept any responsibility for the service provided by the Search Company.

1

You are informed of the cost of the searches and the terms and conditions

2

You pay for the searches to SAM Conveyancing

3

We order the property searches from the Search Company

4

We email you the search results upon receipt from the Search Company. We do not provide hard copies by post.

Report Notes

This report is a desk study risk assessment, and no site or ground inspection or physical investigation has been carried out.

The impacts of the risks addressed in this report are normally measured in terms of quiet enjoyment, saleability, mortgageability, and the value of the property; the risk assessment in this report is provided by FCI who are regulated by RICS.

The cover page of the report should always be read in conjunction with the full report. The Professional Opinion indicates the potential risks and any other potential issues associated with the property. The results should be disclosed to client and/or lender and/or insurer as appropriate.

A ‘Pass’ is given if no potential property specific risk has been identified.

A ‘Pass with Considerations’ is given where there are potential hazards in the locality to bear in mind, or if there are features nearby which some clients might consider could affect them.

A ‘Further Action’ is given if there is a potential property specific risk and a further action is advised.

In the event of a request to review the Professional Opinion based on additional information, or if there are any technical queries, then please contact us and we will raise this with the Search Company by email fci-admin@dyedurham.com or phone 01732 755 180.

Consumer Protection Information

Future Climate Info Ltd is registered with the Property Codes Compliance Board (PCCB) as a subscriber to the Search Code. The PCCB independently monitors how registered search firms maintain compliance with the Code.

Complaints Procedure

We hope you do not need to make a formal complaint regarding your searches however if you wish to do so you need to email your complaint to fci-admin@dyedurham.com and copy in your case handler at SAM Conveyancing. We will ensure the matter is escalated to ensure you receive a speedy response.

The Search Company will acknowledge your complaint within 5 working days of receipt and normally provide a final response, in writing, within 20 working days of receipt.

Future Climate Info Ltd is registered with the Property Codes Compliance Board as a subscriber to the Search Code. A key commitment under the Code is that firms will handle any complaints both speedily and fairly.

If you are not satisfied with our final response, or if we exceed the response timescales, you may refer the complaint to The Property Ombudsman (TPO) scheme (Tel: 01722 333306, Web site: www.tpos.co.uk, E-mail: admin@tpos.co.uk). FCI will co-operate fully with the Ombudsman during an investigation and comply with the final decision.

You can read the Search Company's formal complaints procedure here - Complaints Procedure

Updated: Monday 5th December 2022

We use the following Search Company to obtain your radon search report.

You are bound by their Terms and Conditions and are deemed to have accepted these Terms upon payment for your property searches. You can read the Search Company's Terms here - Groundsure Terms and Conditions.

We do not accept any responsibility for the service provided by the Search Company.

Data Providers

Groundsure works with respected data providers to bring you the most relevant and accurate information in your Radon Check report. To find out who they are and their areas of expertise you can check the Data Providers Directory.

Consumer Protection Information

This search has been produced by Groundsure Ltd, Sovereign House, Church Street, Brighton, BN1 1UJ. Tel: 08444 159 000. Email: info@groundsure.com. Groundsure adheres to the Conveyancing Information Executive Standards.

All of the advice and reports that Groundsure produces are covered by a comprehensive Remediation Contribution policy to ensure customers are protected. For more details, you can read their Remediation Policy.

The Standards:

• Conveyancing Information Executive Members shall act in a professional and honest manner at all times in line with the Conveyancing Information Executive Standards and carry out the delivery of the Search with integrity and due care and skill.
• Compliance with the Conveyancing Information Executive Standards will be a condition within the Conveyancing Information Executive Member's Terms and Conditions.
• Conveyancing Information Executive Members will promote the benefits of and deliver the Search to the agreed standards and in the best interests of the customer and associated parties.

Complaints Advice

If you have a query or complaint about your search, you should raise it directly with the search firm, and if appropriate ask for any complaint to be considered under their formal internal complaints procedure.

If you remain dissatisfied with the firm's final response, after your complaint has been formally considered, or if the firm has exceeded the response timescales, you may refer your complaint for consideration under The Property Ombudsman scheme (TPOs). The Ombudsman can award up to £5,000 to you if the Ombudsman finds that you have suffered actual financial loss and/or aggravation, distress or inconvenience as a result of your search provider failing to keep to the Standards.

Please note that all queries or complaints regarding your search should be directed to your search provider in the first instance, not to TPOs.

Complaints Procedure

We hope you do not need to make a formal complaint regarding your searches however if you wish to do so you need to email your complaint to info@groundsure.com and copy in your case handler at SAM Conveyancing. We will ensure the matter is escalated to ensure you receive a speedy response.

The Search Company will acknowledge your complaint within 5 working days of receipt and normally provide a final response, in writing, within 20 working days of receipt.

If you are not satisfied with our final response, or if we exceed the response timescales, you may refer the complaint to The Property Ombudsman (TPO) scheme (Tel: 01722 333306, Web site: www.tpos.co.uk, E-mail: admin@tpos.co.uk). Groundsure will co-operate fully with the Ombudsman during an investigation and comply with the final decision.

Updated: Monday 5th December 2022

We use the following Search Company to obtain your local authority and water & drainage property searches:

You are bound by their Terms and Conditions and are deemed to have accepted these Terms upon payment for your property searches. You can read the Search Company's Terms here - PSG Terms and Conditions.

We do not accept any responsibility for the service provided by the Search Company.

Report Notes

This search has been produced under the Search Code which is regulated by the PCCB. PSG are committed to delivering an agreed standard of consumer service and have agreed to abide with The Property Ombudsman scheme (TPOs) This report is based on publicly available information and not all data is available. In these cases, you will be referred to the vendor's Property Information Form or cover via indemnity insurance.

In response to the enquiry for drainage and water information, this search has been prepared following examination of the following data sets: The Public Sewer Map, The Public Map of Water Works (Where available).

Contract

The contract between You and Us ("PSG") shall come into existence when We accept your completed Order by either sending You written confirmation or providing You with the relevant Services (“Contract”). Please read and check the Order before it is submitted so that any errors can be identified and corrected.

We may refuse to accept an Order for reasons including but not limited to where:

• the Services are not available
• We cannot obtain authorisation for payment or there are credit issues with your account with Us
• there has been a pricing or service description error, or
• We determine supply to You will be in breach any regulatory provisions relating to the Services ordered

You accept responsibility for ensuring that Order details relating to the Service entered Into the Ordering Platform are sufficient and correct for Us to deliver the Service.

These Terms may be varied from time to time. The Terms in force at the time of the Contract, in conjunction with any relevant Third-Party Supplier Terms, the Order and the Privacy Notice (Provisions), shall govern the Contract to the exclusion of all other terms and conditions. You agree to be bound by the Provisions when You place any Order. You should print a copy of the Provisions for future reference.

If You are not a Consumer You acknowledge that You have not relied upon any representations save insofar as the same have been expressly incorporated in the Provisions and You agree that you shall have no remedy in respect of any misrepresentation (other than fraudulent misrepresentation) which has not become a term of the Provisions.

If You are a Consumer then, while We accept responsibility for statements and representations made by Our authorised agents, please ensure You ask for any variations from the Provisions to be confirmed in writing.

Services

We shall use reasonable care and skill in providing the Services and shall use only those Third-Party Suppliers who have agreed to relevant data processing terms and who, where applicable, comply with the Code or who adopt standards of practice and consumer protection which are comparable with the Code.

We reserve the right to make any changes to the Services described in our Material to conform with any applicable statutory requirements or any non-material changes which We reasonably deem appropriate in Our sole discretion.

Regulated Local Authority Searches may be transferred to another firm or customer (transferee) (i.e. due to change of firm or auction sale) with the benefit of the SRIP and these terms and conditions however, we do not accept any liability to the transferee where the Regulated Local Authority Search is dated more than 6 months prior to the purchase of the Property or if there has been a sale / purchase of the Property since the Regulated Search was prepared.

You and Your Customer shall be permitted to make and store electronic or hard copies of Third-Party Products or Regulated Searches solely for internal audit/review purposes.

In placing the Order and formation of the Contract, You agree that We may take steps to performing the Services immediately.

We shall use reasonable endeavours to provide the Services within a reasonable period of time but are not liable to You for any delay in providing the Services.

Price and Payment

The price payable for the Services shall be in pounds sterling inclusive of VAT as set out in the Order. We reserve the right to express the price exclusive of VAT, but we shall show the VAT separately and include it in the total price.

INSURANCE PRODUCTS: Where insurance premium tax (IPT) is applicable this is included at the current rates. We reserve the right to express the price for Insurance Products exclusive of IPT, but we shall show IPT separately and include it in the total price.

Payment is due in full from You within 30 days from date of invoice unless varied on the invoice.

We reserve the right to amend prices from time to time however, Services will be charged at the price applicable at the date on which an Order is submitted.

If You fail to pay an invoice by the due date, We may charge You interest on the late payment at the prevailing statutory rate pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 until the outstanding sum (including interest) is paid in full, or, where You are a Consumer, interest may be charged at 4% above the base rate of Bank of England until the outstanding sum (including interest) is paid in full.

Any discount, rebate or commission must be agreed in writing. You are responsible for advising your Customer of this arrangement.

You are responsible for managing all aspects of compliance as required by the Solicitor’s Regulatory Authority or Council of Licensed Conveyancers or Chartered Institute of Legal Executives including but not limited to the Insurance Distribution Directive requirements in respect of the purchase of any Insurance Product from Us. If You manage a panel, you should follow the National Trading Standards Estate Agency Team’s guidance on transparency of referral fees and any subsequent regulations that come into force to ensure compliance with the Consumer Protection from Unfair Trading Regulations 2008.

Cancellation of Services/Refunds

If you are a Consumer Your right to cancel the Contract starts on the date the Contract is formed. You have fourteen working days to cancel the Contract. If you cancel the Contract within this period, and the exceptions set out previously do not apply, then You will receive a full refund of any price paid by You. The refund will be processed as soon as possible, and in any case within 30 days of the day on which you gave us notice of cancellation. You will not be liable for any further payment to us in respect of the Contract.

This cancellation right may not apply to You as We are not obliged to cancel an Order where:

• Products are commissioned to Your specifications or by reason of their nature cannot be returned (i.e. the products are based on a specific Property); or
• where We have started work on the Services with Your agreement

To cancel the Contract You must email Us on support@poweredbypie.co.uk without delay, copying in your case handler at SAM Conveyancing. We will advise You what we may be able to do to cancel the Order, but You should be aware that as the Services are procured without delay, cancellation may not be possible where fulfilment of the Services has already started.

Following cancellation of the Contract You will remain liable for any costs, expenses and disbursements incurred by Us prior to receiving written notice of cancellation (unless cancellation has been requested within the fourteen days' timeframe). Such costs, expenses and disbursements shall be invoiced and payable.

Any refund We may make is at Our discretion.

Cancellation by You of part of a Search Pack will not entitle You to a refund in respect of the cancelled services. We may, at Our discretion, withhold any discount, rebate or commission We have agreed to pay You In respect of supply of Search Packs if sums due under any contract are outstanding or You have cancelled part of a Search Pack.

INSURANCE PRODUCTS: The cancellation provisions above vary for Insurance Products You order. Any Insurance Product may be cancelled within 14 days of the Contract start date. You should call Us on 01226 978264 or email Us at insuranceservices@propertysearchgroup.co.uk to discuss such cancellation.

Events Beyond Our Control

We reserve the right without notice or liability to You, to defer the date of performance (by a period equivalent to the period during which the Services could not be performed) or to cancel the provision of the Services or reduce the volume of the Services ordered by You if we are prevented from or delayed in the carrying on of Our business due to circumstances beyond Our reasonable control provided that, if the event in question continues for a continuous period in excess of 60 days, You shall be entitled to give notice in writing to us to terminate the Order.

Warranties and liability limits

Save as expressly provided in these Terms We exclude all other representations, warranties or conditions of any kind, either express or implied to the fullest extent permitted by law.

Nothing in these Terms limits or excludes Our liability for any matter for which it is unlawful to exclude or limit liability.

We are not liable to You:

• in respect of any liability (howsoever arising) due to errors in the information You supplied to Us;
• in respect of loss of profit (direct or indirect), indirect or consequential losses;
• in respect of liability arising from supply of Third-Party Products included in the Services and You are referred to the Third-Party Supplier Terms;
• in respect of an Official Search. However, note here that an Official Search has the benefit of unlimited indemnity (where the Appropriate Body is a water undertaker) or statutory compensation (where the Appropriate Body is a local authority) and We will use reasonable endeavours to assist You in making a claim in this way.

Where an error is found in respect of the Services or should, have been identified by You (acting with reasonable care and skill), before the contract for the legal transaction relating to the Property has been exchanged and such error is solely due to Our negligence in preparing, collating and providing the Service We shall, as the sole remedy in respect of the same, provide a replacement of the erroneous Services free of charge and shall have no further liability to You / the Customer even if the supply of the replacement may cause delay or abortive transaction.

Subject always to the above, where an error is found in respect of the Services after the completion of the legal transaction relating to the Property, Our liability to You / the Customer in respect of Our negligence in relation to the supply of Services is covered by professional indemnity insurance and limited to £20 million per claim or series of related claims.

Regulated Local Authority Search. In respect of each Regulated Local Authority Search the Insured has the benefit of a SRIP. The SRIP is provided by First Title Insurance PLC and the policy is appended to each Regulated Local Authority Search. The SRIP provides cover against an Adverse Entry to the level of £2 million. Our liability to a Customer in respect of an Adverse Entry is limited to this level of cover.

You agree to indemnify Us in respect of any liability arising from any claim, allegation or proceedings brought by You, a Customer or any other third party that these Terms (and Third-Party Supplier Terms) do not apply to the Services.

Intellectual Property Rights

You acknowledge that all Intellectual Property Rights in the Services are and shall remain owned by either Us or our Third-Party Suppliers and nothing in these Terms purports to transfer, assign or grant any rights to You in respect of the Intellectual Property Rights.

You agree that You will procure that Your Customer on whose behalf You have commissioned the Services will not, except as permitted herein or by separate agreement with Us change, amend, remove, alter or modify any trademark or proprietary marking on any search provided. You agree to indemnify Us and keep us indemnified from and hold us on demand, harmless from and against all costs, claims, demands, actions, proceedings, liabilities, expenses, damages or losses (including without limitation, consequential losses and loss of profit, and all interest and penalties and legal and other professional costs and expenses) arising out of or in connection with a breach of this.

Data Protection

You are responsible for obtaining the information required to place an Order from Your Customer and for processing and collecting personal data so included in accordance with Data Protection Laws. We acknowledge that You are the data controller.

We will process any personal data You provide to Us as a data processor; please see the data processing notice incorporated in the Privacy Notice.

We will process data concerning You and your employees in accordance with the Privacy Notice.

IF YOU ARE A CONSUMER: In placing an Order You will provide Us with certain information and some of this is personal data; For example, We will require details of the Property address, contact data and financial data. We process this information for contractual purpose to provide the Services including the processing of a payment. In the event of a claim against Us or under the SRIP We may gather further details from You and will share this with the relevant insurance provider to process Your Claim. We may also disclose Your information to companies within Our group of companies for administrative purposes or to comply with a legal obligation. Once the Order has been completed, We will keep details of the transaction for 7 years for reporting purposes but We also keep copies of Regulated Searches for 20 years. This is because claims may only be known when a Property is re-sold, and this period of time is the average period of home ownership. You have certain rights under the Applicable Data Protection Laws. Some of these rights are complex and you should read the guidance from the Information Commissioner (www.ico.org.uk) for a full explanation of these rights. You may exercise any right in respect of our processing of your personal data by written notice to Us.

Where We contact You at the request of your acting solicitor to arrange for payment of Services ordered on your behalf, We will provide You with further information concerning privacy. At all times these Terms apply to the supply of such Services.

General

You shall make any complaint regarding the Services in accordance with the complaints policy at the end of these Terms.

You shall not be entitled to assign the Contract or any part of it without Our prior written consent.

We may assign the Contract or any part of it to any person, firm or company provided that such assignment shall not materially affect Your rights under the Contract.

The parties to these Terms do not intend that any term shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to these Terms or a permitted assignee.

Failure or delay by Us in enforcing or partially enforcing any provision of the Terms will not be construed as a waiver of any of Our rights under the Contract.

Any waiver by Us of any breach of, or any default under, any provision of the Terms by You will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms herein.

If any provision or part of a provision is held to be invalid or unenforceable by any court or other body of competent jurisdiction, that provision or part of that provision shall be deemed severable and the other provisions or the remainder of the relevant provision will continue in full force and effect.

Unless otherwise stated in these Terms, all notices from You to Us or vice versa must be in writing and sent to Our registered office address or Your address as stipulated in the Order.

In providing the Services We will comply with the Code as applicable.

These Terms and each Contract shall be governed by and construed in accordance with English law and shall be subject to the non-exclusive jurisdiction of the Courts of England and Wales. However, if You are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland you may also bring proceedings in Scotland.

The Search Code:

• Provides protection for homebuyers, sellers, estate agents, conveyancers and mortgage lenders who rely on the information included in property search reports undertaken by subscribers on residential and commercial property within the United Kingdom.
• Sets out minimum standards which firms compiling and selling search reports have to meet.
• Promotes the best practice and quality standards within the industry for the benefit of consumers and property professionals.
• Enables consumers and property professionals to have confidence in firms which subscribe to the code, their products and services.

By giving you this information, the search firm is confirming that they keep to the principles of the Code. This provides important protection for you.

The Code’s core principles

Firms which subscribe to the Search Code will:

• display the Search Code logo prominently on their search reports
• act with integrity and carry out work with due skill, care and diligence
• at all times maintain adequate and appropriate insurance to protect consumers
• conduct business in an honest, fair and professional manner
• handle complaints speedily and fairly
• ensure that products and services comply with industry registration rules and standards and relevant laws
• monitor their compliance with the Code

Complaints Procedure

We hope you do not need to make a formal complaint regarding your searches however if you wish to do so you need to email your complaint to support@poweredbypie.co.uk and copy in your case handler at SAM Conveyancing. We will ensure the matter is escalated to ensure you receive a speedy response.

The Search Company will acknowledge your complaint within 5 working days of receipt and normally provide a final response, in writing, within 20 working days of receipt.

PSG is registered with the Property Codes Compliance Board as a subscriber to the Search Code. A key commitment under the Code is that firms will handle any complaints both speedily and fairly.

If you are not satisfied with our final response, or if we exceed the response timescales, you may refer the complaint to The Property Ombudsman (TPO) scheme (Tel: 01722 333306, Web site: www.tpos.co.uk, E-mail: admin@tpos.co.uk). PSG will co-operate fully with the Ombudsman during an investigation and comply with the final decision.

Updated: Monday 5th December 2022

We use the following Search Company to obtain your conveyancing property searches:

You are bound by their Terms and Conditions and are deemed to have accepted these Terms upon payment for your property searches. You can read the Search Company's Terms here - tmgroup Terms and Conditions.

We do not accept any responsibility for the service provided by the Search Company.

Complaints procedure

• 1

  Receiving complaints

All complaints to be received by:

Alex Meek, Head of Client Services
tmgroup (UK) Ltd, 1200 Delta Business Park, Swindon, Wiltshire, SN5 7XD
Email: helpdesk@tmgroup.co.uk
Telephone: 0808 109 4307

All complaints will be investigated by an appropriate employee of tmgroup who will have the authority to settle complaints, including offering redress where necessary, or will have access to a Director to authorise any redress. At your request and with your written authority, we will liaise with anyone acting formally on your behalf.

• 2

  Responding to complaints (time limits)

Following receipt of the complaint, the complainant will receive:

1. Within 5 working days
   An acknowledgement letter confirming receipt of the complaint, giving the name and job title of the individual handling the complaint for TM Group. It will also outline the review process that will follow. At this point, TM Group will inform the complainant that they will liaise with any relevant counselling organisation on their behalf where this is appropriate.
   
   
2. Within 20 working days either:
   A final response in writing or
   A holding response, explaining why the complaint has not yet been resolved and an indication of when to expect further contact.
   
   
3. Within 40 working days
   A final response in writing.
   
   
4. If, due to exceptional circumstances beyond our control, we are unable to provide a final response within 40 working days the complainant will receive a written response which:
   Explains why the complaint has still not been resolved, giving the reasons for the further delay, and provides an indication of when to expect a final response. In cases of further delay the matter will have been bought to the attention of a Director of TM Group who will intervene; and
   Informs the complainant that they may refer the complaint to The Property Ombudsman Scheme implemented by the PCCB or, alternatively, the Financial Ombudsman (contact details provided below) if dissatisfied with the delay.
   
   

• 3

  The Final Response

Once a final decision has been made by tmgroup a final written response will be sent to the complainant, this response will:

1. Offer redress or reject the complaint, and give reasons for doing so. Appropriate redress will not always involve financial redress as an apology may suffice in some cases.
   
   
2. Inform the complainant that they can refer the matter to the Property Ombudsman Scheme, or alternatively, Financial Ombudsman Service if dissatisfied with the final response; this must be done so within 12 Months to the Property Ombudsmen Scheme or within 6 months to the Financial Ombudsmen Service. With this final response, a copy of the Financial Ombudsman Service’s explanatory leaflet will be enclosed. For the avoidance of doubt, if the case is referred to The Property Ombudsman Scheme, TM Group will fully cooperate with the Ombudsman during the consideration of the complaint and will comply with any decision.
   
   
3. Indicate that if a reply is not received within 8 weeks of the final response then the complaint will be regarded as closed.
   
   

• 4

  Compliance of Complaint Procedures with the Financial Ombudsman Service

All complaint records will be retained for a minimum period of 3 years from the date of its receipt of the complaint. Records will be reported to the Financial Services Authority twice a year as in accordance with the Financial Ombudsman Service. If you are not satisfied with the final response or we have exceeded the response timescales, you may refer your complaint to The Property Ombudsman scheme or the Financial Ombudsmen Service. This gives you access to an independent dispute resolution service that will make a fair and reasonable judgment of your complaint.

The Ombudsman can award compensation of up to £5,000 if it finds that you have suffered actual loss and/or aggravation, distress or inconvenience as a result of us failing to keep to the Code. We will cooperate fully with Ombudsmen whilst it investigates any complaint and will comply with any decision it makes.