A Crucial Conversation at The Law Society: The RPSA Championing Consumer Protection

It was a privilege to once again find the RPSA at the heart of important industry dialogue, this time within the incredibly impressive confines of the Law Society at 113 Chancery Lane, London. Following our meeting with Mark Evans, Vice President of the Law Society, at the Conveyancing Association on 15 May, he graciously extended an invitation for the RPSA to meet directly with key policymakers. This recognition, in itself, is a testament to the RPSA’s growing standing as a significant force within the built environment. We are consistently extended a warm welcome in these esteemed institutions, allowing us to sit down, chat, and crucially, make our voices heard.

On Tuesday, 10th June, Alan Milstein (the RPSA's ex-chairman, now deeply involved in the prestigious Home Buying and Selling Group and a tireless champion of upfront information) joined me.  We met with Nick Denys, Head of Private and Commercial Law, Legal Policy Directorate, and Rebecca Hyrslova, Policy Adviser at The Law Society. While Mark Evans couldn't attend this particular meeting (we look forward to catching up with him soon!), Diane Latter, Policy Adviser – Property at The Law Society and Chair of the Property Conveyancing Convention, joined us via Zoom, which was a pleasure. Diane, with her keen interest in real estate sustainability and the application of technology, as well as her extensive publications, brings a wealth of knowledge to these discussions. In fact, Diane was an absolute joy, and her industry knowledge was awe-inspiring indeed. Nick and Rebecca were also incredible and fantastic hosts, making it a very enjoyable conversation within the industry. We were so pleased by how receptive they all were to what we had to say.

The primary focus of our discussion centred on the ongoing developments with upfront information and its potential to significantly streamline and enhance the entire property buying and selling process. However, the conversation also pivoted to another pressing concern that I brought to the table: the alarming lack of people commissioning building surveys.

This issue has long been a particular bugbear of mine, something I've been acutely aware of for quite some time. When I first entered the industry, around 20% of buyers commissioned a survey, yet a staggering 80% mistakenly believed their bank or building society carried out a survey on their behalf. As we all know, a valuation is simply not a survey. What truly shocked me during our discussion, however, was the fact that now, it appears, only one in ten people are getting a survey done. This is a concerning statistic, and the Law Society policymakers were genuinely interested in hearing our views on why this is happening.

I certainly didn't shy away from expressing my frustrations, and honestly, I believe we are all, to some degree, 'guilty' in this process.

• The Surveying Industry: Perhaps we, as surveyors, are at fault for not shouting loud enough, for not consistently and clearly articulating the immense value and critical importance of a comprehensive building survey.
• Solicitors and Conveyancers: I don't believe solicitors and conveyancers are effectively communicating to their customers the importance of surveys. While I'm sure it's buried in the small print somewhere, I really don't believe lawyers consistently convey this message. After all,      from their perspective, our work might seem like "just more work" for them, even though we are, in reality, the vital eyes and ears of their legal team on the ground.
• The Lending Community: We're still locked in this never-ending cycle, where lawyers and estate agents, wittingly or unwittingly, refer to valuations as if they were full surveys. How many times have you heard a client ask, "Have the bank carried out their survey yet?" This persistent misconception from the lending community perpetuates the problem.
• Estate      Agents: And let's not forget our friends in the estate agency world.      There's an awful lot more we can do together to enhance the image of surveys and ensure the message reaches the public effectively. This is precisely why it's a great privilege to have Stephen McCarron on our RPSA Council, as he's a board member of Propertymark and knows this landscape exceptionally well, both in depth and breadth. His insights here are invaluable.

I made sure to share my considerable frustration with Nick and Rebecca, and I genuinely felt they understood my point. They are certainly not the 'enemy' here; any significant change within a complex industry is never an overnight transformation, but it absolutely begins with honest, open conversation. I truly believe they listened intently to our perspective on how the industry is currently evolving and the detrimental consequences for consumers who are not having surveys done.

We conveyed our unwavering commitment to delve much further into this critical issue. As RPSA members, please "watch this space," because we truly feel that this is an area in which we should be dedicating a significant amount of our energy in the future. Our goal is to get the message out there, not only on why a survey is so important, but perhaps even more crucially, the very real consequences of not having a survey.

While we certainly didn’t come away from this single meeting having changed the world overnight, we undoubtedly opened up a valuable dialogue. The Law Society policymakers were visibly surprised by the low take-up of building surveys, and crucially, they expressed genuine interest in our concerns and views. This is a significant step forward for the RPSA and for consumer protection in the property market.

All in all, I think it was a great day. One thing I've learned is that we can't change the world overnight, but if you keep chipping away, you get there in the end. Talking about chips, I treated Alan to a classic fish and chip supper afterwards – a well-deserved end to a day of important industry conversations!

An audio overview (slightly cheesy but helpful).  Click Here