Legal

Terms of Business

Mackay Property Surveying & Consultancy

By instructing Mackay Property Surveying & Consultancy, requesting an inspection, accepting a quotation, making a payment or allowing an inspection to proceed, the client agrees to these terms.

1. About Mackay Property Surveying & Consultancy

Mackay Property Surveying & Consultancy provides independent property inspection and advisory services, including new-build snagging inspections, enhanced technical snagging inspections, defect inspections, landlord condition reports, portfolio condition monitoring and related add-on services.

Services are provided by Megan Mackay, a qualified Building Surveyor with current Building Standards experience, an HNC in Construction Management and a BSc (Hons) in Building Surveying. Megan is currently progressing through the RICS APC pathway but is not currently a Chartered Surveyor.

Mackay Property Surveying & Consultancy does not provide RICS Home Surveys, valuations, structural surveys, specialist damp reports, electrical inspections, gas safety inspections, EPCs, asbestos surveys, fire risk assessments, legal advice, dispute representation or expert witness services.

2. Service Area and Conflict of Interest

Services are available across Glasgow and surrounding areas.

Due to Megan's current Building Standards role, Mackay Property Surveying & Consultancy does not provide services for properties located within South Lanarkshire.

Mackay Property Surveying & Consultancy reserves the right to decline any instruction where a conflict of interest, potential conflict of interest, capacity issue, access issue or professional limitation may arise.

3. Scope of Inspection

All inspections are visual, non-intrusive and limited to readily accessible areas only.

Inspections do not include opening up works, lifting floor coverings, moving heavy furniture, removing panels, testing services, exposing concealed construction, accessing unsafe areas or inspecting areas that cannot be safely and reasonably reached.

The inspection will normally be limited to visible parts of the property at the time of attendance. Areas that are locked, obstructed, unsafe, inaccessible, concealed, covered, occupied or otherwise unavailable may not be inspected.

The report will record visible defects, apparent issues, condition concerns and practical observations based on the inspection carried out. Where further specialist investigation is recommended, this will be stated within the report where appropriate.

4. New-Build Snagging Inspections

A new-build snagging inspection is intended to identify visible defects, incomplete works, poor finishes, damage, poor workmanship and other apparent issues that may reasonably be raised with the developer or contractor.

The report is intended to assist the client in communicating visible snagging items to the developer. It does not guarantee that the developer will accept, agree with or rectify all items identified.

A snagging inspection is not a structural survey, valuation, RICS Home Survey, building warrant compliance inspection, clerk of works service or guarantee that the property has been constructed in full compliance with all statutory requirements, technical standards, warranty requirements or developer specifications.

5. Defect Inspections and Landlord Condition Reports

Defect inspections and landlord condition reports provide a practical visual review of visible property condition, defects, deterioration, repair priorities and maintenance risks.

The report may include observations on visible dampness indicators, water ingress, cracking, ventilation concerns, workmanship issues, external fabric condition, rainwater goods, internal finishes and other accessible elements, depending on the agreed scope.

Any comments on potential causes are based on visible evidence only and should not be treated as specialist diagnosis unless confirmed by further investigation. Where appropriate, the report may recommend further assessment by a relevant specialist, contractor, engineer or statutory professional.

6. Portfolio Condition Monitoring

Portfolio condition monitoring is an annual professional service designed to assist landlords and property investors with ongoing oversight of property condition, repair priorities and maintenance planning.

Monthly payment options, where offered, are an interest-free payment arrangement for the annual service fee. They do not represent a discounted monthly subscription or rolling monthly contract.

All portfolio monitoring plans are subject to an initial paid condition inspection and agreed written scope. Additional inspections, meetings, reports, contractor liaison, urgent visits or advisory work may be charged separately.

Access to tenanted properties remains subject to appropriate notice, tenant agreement, access arrangements and any applicable legal requirements.

7. Limitations and Exclusions

Unless specifically agreed in writing, services do not include:

  • Valuations or market appraisals
  • RICS Home Surveys
  • Structural surveys or structural calculations
  • Building warrant compliance certification
  • Planning advice or statutory approval services
  • Electrical testing or certification
  • Gas safety inspections or certification
  • EPC assessments
  • Fire risk assessments
  • Asbestos surveys
  • Specialist damp, timber or rot surveys
  • Drainage CCTV surveys
  • Roof inspections requiring physical roof access
  • Opening up works or intrusive investigations
  • Legal advice
  • Dispute representation
  • Expert witness reports
  • Contractor design or specification services
  • Clerk of works services
  • Project management or contract administration unless separately agreed

Any recommendations for further investigation are advisory only and should be followed up by an appropriately qualified specialist where required.

8. Reports

Reports are prepared for the named client and for the agreed purpose only.

Reports should not be relied upon by any third party without prior written consent from Mackay Property Surveying & Consultancy. No responsibility is accepted to any third party who relies on the report without written agreement.

Reports are based on the condition of the property and visible evidence at the time of inspection. Mackay Property Surveying & Consultancy is not responsible for defects that were not visible, not accessible, concealed, intermittent, subsequently developing or not reasonably identifiable during the inspection.

Report turnaround times will be confirmed at booking where possible. Standard report times may vary depending on property size, complexity, workload, access issues and service type. Priority or same-day reports may be available by prior agreement and may incur an additional fee.

9. Client Responsibilities

The client is responsible for ensuring that:

  • Access is available at the agreed inspection time
  • The property address and details provided are accurate
  • The correct permissions are in place for the inspection
  • Tenants, agents, developers or site staff are aware of the appointment where required
  • Keys, codes, parking arrangements and access instructions are provided in advance
  • Relevant documents, photographs, developer correspondence or previous reports are provided before the inspection where relevant
  • Any known risks, restrictions or hazards are disclosed in advance

Where access is not available, restricted, delayed or unsafe, the inspection may be cancelled, postponed, limited or subject to an additional fee.

10. Fees and Payment

Fees will be confirmed before instruction. Prices may vary depending on property size, type, location, access, complexity, urgency and reporting requirements.

A booking deposit may be required to secure an inspection appointment. The balance must be paid in accordance with the payment terms confirmed at booking.

Reports may be withheld until payment has been received in full.

Additional services, including reinspection visits, developer response reviews, written letters, remote photo reviews, contractor workmanship reviews, scope notes, review calls and additional professional advice, will be charged separately unless included in the agreed service.

Travel outside the core service area may be charged separately.

11. Cancellations and Rearrangements

Appointments may be rearranged by agreement, subject to availability.

Where the client cancels, postpones or rearranges an appointment at short notice, Mackay Property Surveying & Consultancy reserves the right to retain the booking deposit or charge a reasonable cancellation or rearrangement fee.

Where an inspection cannot proceed due to lack of access, incorrect information, unsafe conditions, refusal of access or circumstances outside the control of Mackay Property Surveying & Consultancy, a fee may still be payable.

If Mackay Property Surveying & Consultancy needs to cancel or rearrange an appointment due to illness, emergency, safety concerns, conflict of interest, adverse weather or other reasonable circumstances, the client will be offered an alternative appointment or refund of any fee paid for services not yet provided.

12. Health and Safety

Mackay Property Surveying & Consultancy reserves the right not to inspect any area considered unsafe, unsuitable, inaccessible or unreasonable to access.

This may include, but is not limited to, fragile surfaces, unsafe stairs, lofts without safe access, roofs, confined spaces, contaminated areas, active construction areas, aggressive animals, unsafe external areas or properties where personal safety may be at risk.

No ladders, specialist access equipment or roof access will be used unless expressly agreed in writing.

13. Use of Photographs

Photographs taken during the inspection may be included in the client's report.

Photographs will not be used for marketing, social media, training or website purposes without the client's permission, unless they are fully anonymised and do not identify the property, client, occupants or address.

14. Liability

Mackay Property Surveying & Consultancy will exercise reasonable skill and care in providing inspection and reporting services.

Liability is limited to the agreed scope of service, the visible and accessible condition of the property at the time of inspection, and the fee paid for the relevant service, except where such limitation is not permitted by law.

No liability is accepted for concealed defects, inaccessible areas, specialist matters outside the agreed scope, subsequent deterioration, developer decisions, contractor workmanship after the inspection, tenant actions, legal disputes, market value, statutory decisions or matters requiring specialist testing or intrusive investigation.

15. Complaints

If a client is dissatisfied with any aspect of the service, they should contact Mackay Property Surveying & Consultancy in writing as soon as possible, setting out the nature of the concern.

Mackay Property Surveying & Consultancy will review the matter and aim to respond within a reasonable timeframe.

Where appropriate, Mackay Property Surveying & Consultancy may request further information, photographs, access to the property or a discussion with the client in order to understand and respond to the issue.

16. Data Protection and Privacy

Client information will be used for the purpose of responding to enquiries, providing quotations, arranging inspections, preparing reports, issuing invoices, maintaining business records and communicating with clients.

Personal information will not be sold to third parties.

A separate Privacy Policy should be read alongside these Terms of Business.

17. Acceptance of Terms

By requesting a quotation, booking an inspection, making payment or allowing an inspection to proceed, the client confirms that they have read, understood and accepted these Terms of Business.

Mackay Property Surveying & Consultancy reserves the right to update these terms from time to time.

18. Bespoke Services

Bespoke property inspection and advisory services may be available upon request where the enquiry falls within the scope, experience and professional limitations of Mackay Property Surveying & Consultancy.

This may include tailored defect reviews, property condition advice, landlord portfolio support, maintenance planning assistance or inspection services linked to a specific property concern.

All bespoke services are considered on a case-by-case basis and are subject to property location, access arrangements, inspection scope, professional suitability, insurance cover and any potential conflict of interest.

Mackay Property Surveying & Consultancy does not provide valuations, structural surveys, RICS Home Surveys, specialist damp reports, electrical inspections, gas safety inspections, EPCs, asbestos surveys, fire risk assessments, legal advice, dispute representation or expert witness services.