Single survey's lonely heart

The public, and profession, have still to be persuaded to adopt the single survey, but the Society still believes it essential that members engage with the pilot schemes

The Journal, October 2004, page 50

The single survey pilot started in Edinburgh, Glasgow, Dundee and Inverness in mid-July and the following is an update on progress to date.

When the Single Survey Steering Group met on 2 September to discuss pilot activity in the first seven weeks of operation, only 22 single surveys had been logged. Of these 21 were in the Glasgow area with the other being in Edinburgh. In Glasgow, the 12 surveys where the identities of the selling agents were known involved two firms of estate agents. In the other nine cases no agents were involved and it appeared that the sellers had gone directly to the surveyors themselves.

There was some concern amongst the Steering Group that so few single surveys had been carried out. As a result, the Executive is now to concentrate on raising public awareness of the pilot, how it works and the potential benefits. They are also going to seek to improve issues around the use of the web system and the reporting requirements, which will hopefully encourage more firms of solicitors and surveyors to complete the full registration process. The Executive will shortly be producing a leaflet for the public which is to be made available through the professionals engaged in the pilot areas.

The Society representatives on the Steering Group reported that we had had contact with a cross section of members and with the Solicitors’ Property Centres in the pilot areas and tabled a paper which indicated that overall there seemed to be little public awareness of the scheme and little enthusiasm to participate. The sellers did not see the advantages in it for them and commented that the single survey was too expensive. Some sellers had doubts about whether they would be able to recoup the fee from the buyer. Others commented about concerns that using the single survey might cause there to be some delay in their houses going on the market and many felt that offers subject to survey had rendered the single survey unnecessary in certain areas. Many solicitors commented about their continuing concern with the pilot web system and data collection regime.

That having been said, the pilot is now underway and it is extremely important that the concept is rigorously tested and that the Executive obtains objective results upon which firm decisions about whether or not the single survey should be taken forward, can be made. As you may be aware, there is now consultation about a new draft Housing Bill and there are proposals in that draft Bill for the Executive to reserve powers to introduce the single survey if deemed appropriate. It is therefore essential that the pilot is as comprehensive as possible and that results show whether the people of Scotland actually want to go down the single survey route or not.

The Conveyancing Committee and indeed the Society’s position is and always has been that it is essential that members engage with the pilot process. It is only by taking an active part in the process that we can see whether there are difficulties with the single survey and ensure that these are ironed out if and when the Executive decides to go ahead with the single survey on a national basis.

I think it is also worth mentioning that the Executive is pursuing research in relation to the purchasers’ information pack (“PIP”) – another recommendation of the Housing Improvement Task Force. A PIP Advisory Group has been set up on which the Conveyancing Committee is represented. Currently the feedback from this group is that any PIP would need to be compulsory if the buying and selling system as a whole was to benefit. Although there are different views on what the PIP should actually contain, the general feeling is that there should be some form of survey in it for it to be meaningful. The point has been made that any move towards compulsion has to take account of the likely effect on the cost of buying and selling given the time and effort required to gather together and reproduce the necessary documentation. A final report in relation to this matter is due shortly, at which point further information will be made available.

I hope this article has given you a further update on the position. If you have any questions or queries please contact Sharon McFarlane (sharonmcfarlane@lawscot.org.uk) and they will be considered by the Conveyancing Committee.

Professor Stewart Brymer, Convener, Conveyancing Committee