RPSA Articles

A Friendly Heads-Up: Why This Article Matters to You

Hello fellow RPSA members! We've put this article together because, as you know, the world around us is changing, and so is the landscape of property surveying. You might have seen the recent buzz around The Law Society's new practice note on advising clients about climate change. It's a significant development, and while it's aimed at solicitors, it has some important knock-on effects for us as surveyors. The Law Society even gave a nod to the RPSA in their note, which is fantastic recognition! (Thank you, Alan!)

The bottom line is that how we assess and report on properties needs to keep pace with the growing understanding of climate-related risks. This isn't about adding a whole new complicated layer to our work, but more about sharpening our focus on certain aspects and understanding how our reports feed into the bigger picture of a property transaction. This piece aims to break down what The Law Society's guidance means for us in practical terms, helping us all stay ahead of the curve and continue to provide the top-notch advice our clients expect.

1. Navigating the New Climate Landscape: Essential Guidance for RPSA Members

The increasing frequency and severity of climate-related events, from flooding to heatwaves, are bringing the physical risks associated with climate change into sharp focus within the UK property sector. This is no longer a distant concern but a present reality impacting property condition, value, insurability, and lending decisions. As residential property surveyors, RPSA members stand at the forefront of identifying and communicating property-specific risks to clients. Understanding the evolving professional and legal landscape surrounding climate change advice is therefore paramount.

This guidance aims to dissect the implications of recent developments, particularly the Law Society's Practice Note (LSPN) on Climate Change issued for solicitors, and related communications. While directed at the legal profession, the LSPN has significant knock-on effects for surveyors. Its publication signals a formalisation of expectations around climate risk assessment within property transactions. Proactive engagement with these issues is not merely best practice; it is becoming essential for maintaining professional standards, managing liability, and delivering the high-quality advice clients expect. The property industry is experiencing a fundamental shift: climate risk assessment is moving from a peripheral consideration towards being an integral part of standard due diligence. This shift is driven by regulatory bodies, lenders, insurers, and increasingly aware consumers. Failure to adapt to these evolving expectations carries risks. Professionals who do not integrate climate considerations into their assessments may be perceived as falling behind the curve, potentially impacting client trust, professional standing, and even insurability.

2. Decoding the Law Society's Stance: What Surveyors Must Know About Climate Change Advice

The Law Society's Practice Note (LSPN) on Climate Change provides comprehensive guidance for solicitors advising clients involved in property transactions. While not directly binding on surveyors, its contents have profound implications for the information surveyors are expected to provide. A core element of the LSPN reinforces the solicitor's established duty to advise clients on material risks affecting a property transaction. The Note clarifies that physical risks driven by climate change (such as flooding, coastal erosion, and ground instability) fall squarely within the category of potentially material risks that solicitors must bring to their clients' attention.

Crucially, solicitors are not typically experts in assessing the physical condition of properties or the nuances of environmental hazards. To fulfil their advisory duties concerning climate risks, they will inevitably rely on information gathered from other sources during the conveyancing process. This includes environmental searches, but also, significantly, reports provided by property professionals like surveyors. The LSPN, therefore, creates a powerful de facto expectation regarding the scope of surveyors' reports. Solicitors, needing to satisfy their own professional obligations, will increasingly look to survey reports for flags or commentary on potential physical climate impacts. If a survey report is silent on observable risks potentially linked to climate change (e.g., proximity to flood plains, signs of slope instability in an area prone to climate-driven rainfall changes), the solicitor may lack the necessary trigger to advise the client appropriately or to recommend further specialist investigation.

This dynamic establishes a new "information supply chain" for climate risk within property transactions, with surveyors acting as a critical link. Data providers offer initial screening through searches; surveyors provide the on-the-ground assessment of the property's physical condition and specific vulnerabilities; solicitors then synthesize this information, alongside legal considerations, for the client; and lenders use this combined picture for their risk assessment. A weakness in this chain – for instance, a surveyor failing to identify or appropriately comment on a relevant physical risk indicator – compromises the entire advisory process, potentially leaving the client unaware of significant future risks and exposing all involved professionals to potential future claims. The smooth progression of transactions may also be affected, as solicitors faced with insufficient information may need to raise further enquiries, causing delays.

3. Identifying Red Flags: Practical Climate Risk Assessment in Property Surveys

Translating the implications of the Law Society's guidance into practical steps during property inspections is key. Surveyors are not expected to become climate scientists or predict future events with certainty. However, they are expected to use their professional skills and judgement to identify observable physical conditions and risk factors that may be indicative of vulnerability to climate change impacts, or which could be exacerbated by future climate trends. The LSPN itself alludes to key physical risk categories such as flooding, erosion, and ground instability.

The core skills surveyors use daily – identifying defects, assessing structural integrity, understanding building materials, and observing site conditions – are directly applicable. The shift lies in applying a "climate lens" to these observations: considering how factors like increased rainfall intensity, higher temperatures, drought periods, or sea-level rise might affect the property. This involves being alert to specific indicators: 

• Flooding (Fluvial, Pluvial, Coastal, Groundwater): Proximity to rivers, coasts, or surface water bodies; evidence of past flooding (water marks, staining, debris lines); condition of local flood defences; ground levels relative to surroundings; capacity of rainwater goods; evidence of high groundwater levels.
• Coastal Erosion: Proximity to eroding coastline; visible erosion nearby; condition of sea defences or cliff face; historical erosion rates (if known).
• Subsidence/Heave: Soil type (especially shrinkable clays); proximity and type of vegetation (large trees near buildings); evidence of existing cracking or movement, particularly patterns associated with soil moisture changes; adequacy of foundations (where ascertainable); condition of retaining walls.
• Storm Damage Vulnerability: Condition and design of the roof structure and covering; security of chimneys, parapets, and other exposed elements; capacity and condition of guttering and downpipes; vulnerability of large trees on or near the site.
• Overheating: Building orientation and solar gain; size and type of glazing; evidence of existing or potential for loft/wall insulation; ventilation provisions.
• Energy Efficiency/Adaptation: While primarily covered by EPCs, surveyors can note factors affecting thermal performance and potential for adaptation (e.g., suitability for solar panels, space for heat pumps, potential for green roofs/walls).

Integrating specific checks or observations into routine inspections, as may be encouraged by RPSA guidance, will be crucial. It is important to recognise the limitations: a standard survey is not a specialist climate risk report. Where significant potential risks are identified, the surveyor's role is to flag these clearly and recommend further investigation by appropriate specialists (e.g., flood risk consultants, structural engineers, drainage experts).

Interestingly, many climate-related red flags are extensions or exacerbations of issues surveyors already look for. Severe penetrating damp might become more likely with intense rainfall; subsidence risk in clay soils increases with prolonged droughts followed by heavy rain. The fundamental inspection skills remain vital; the adaptation involves consciously connecting observed vulnerabilities to potential future climate stresses. This may also necessitate a greater emphasis on desktop research before the site visit. Understanding a property's location relative to flood zones, coastal erosion lines, or areas of known ground instability using readily available mapping data can prime the surveyor to look for specific evidence on site. This raises important considerations about the level of pre-inspection climate data review that is now reasonably expected, an area where further RPSA guidance may be beneficial.

To aid this process, the following table provides a structured checklist:

Table 1: Climate Risk Factors: Surveyor's Checklist and Client Advice Points

4. Communicating Climate Impacts: Advising Clients with Clarity and Confidence

How surveyors communicate findings related to climate risks is as important as the identification itself. The goal is to provide clear, objective information that empowers the client (typically the buyer) to make an informed decision, without causing undue alarm. The language used in reports should be precise, factual, and avoid speculation beyond the surveyor's expertise.

It is crucial to provide context. Identifying a potential climate-related risk does not automatically render a property uninsurable or unmortgageable, nor does it mean the transaction should not proceed. The report should explain the nature of the observed risk, its potential connection to climate change (where appropriate and supportable), and the implications as far as can be reasonably determined. For example, noting that a property is in Flood Zone 2 requires explaining what this means (medium risk) and recommending that the client investigate insurance availability and cost early on.

Equally important is clearly stating the limitations of the survey. A standard RPSA Home Survey (Level 2 or 3) is not a full environmental audit, a flood risk assessment, or a climate change impact forecast. The report should make this clear and explicitly recommend further specialist advice whenever a potentially significant risk that falls outside the surveyor's core competence is identified. This manages client expectations and directs them towards the necessary next steps. The principle of ensuring the client understands the implications of identified risks, highlighted for solicitors in the LSPN, applies equally to the clarity required in surveyors' reports, as these often form the basis of the client's initial understanding.

Effective communication in this area may well become a key differentiator for surveyors. Those who can navigate the complexities, explain risks proportionately, and guide clients towards appropriate further actions will be highly valued. Conversely, reports that are overly alarming or vague could confuse clients or even derail transactions unnecessarily. This points towards a need for developing nuanced communication strategies, potentially supported by standardised phrasing or templates provided by the RPSA, to strike the right balance between the duty to inform and the risk of causing disproportionate concern. Mentioning the potential impact on future insurability and mortgageability, where significant unmitigated risks are identified, is also a necessary part of comprehensive advice.

5. Professional Responsibility and Climate Change: Managing Your Duty of Care

The evolving understanding and guidance surrounding climate change inevitably impact a surveyor's professional duty of care. This duty requires surveyors to exercise the reasonable skill and care expected of a competent professional in their field. As awareness of climate risks grows and professional bodies like the Law Society issue specific guidance, the benchmark for what constitutes "reasonable skill and care" in this context is shifting.

Failure to identify or adequately report on reasonably foreseeable physical risks linked to climate change could potentially lead to claims of professional negligence if a client subsequently suffers loss (e.g., flood damage, subsidence) that could have been anticipated. The LSPN's discussion of potential consequences for professionals failing to advise adequately on material risks, while focused on solicitors, underscores the seriousness of ensuring material risks, including climate-related ones, are properly addressed in the transaction process. If a solicitor's advice is compromised due to inadequate information in a survey report, liability could potentially extend to the surveyor. RPSA communications may also emphasize this professional responsibility aspect directly.

The standard against which a surveyor's actions (or omissions) will be judged is that of the reasonably competent surveyor at the time the service was provided. This means that practices considered acceptable several years ago may no longer meet the standard today, given the increased knowledge and guidance now available. Staying current with industry guidance, RPSA updates, and the broader discourse on climate risk is therefore essential for managing liability.

Professional Indemnity (PI) insurers are also paying close attention to this area. While specific impacts on premiums or policy terms are still evolving, it is likely that insurers will increasingly expect surveyors to demonstrate robust processes for identifying and reporting climate-related risks. Failure to do so could potentially affect future cover availability or cost.

A crucial step in managing liability is the use of clear Terms of Engagement (ToE). Surveyors should review and potentially update their standard ToEs to explicitly state the extent to which climate change risks are considered within the scope of their specific survey level. This might clarify, for example, that the survey includes observation of physical factors potentially indicative of climate vulnerability within the surveyor's expertise, but does not constitute a specialist climate impact assessment or guarantee future performance. Well-defined ToEs help manage client expectations and provide a contractual framework outlining the service boundaries.

6. Looking Ahead: Integrating Climate Resilience into Your Surveying Practice

While the focus is often on risk and liability, the increasing prominence of climate change also presents opportunities for surveyors to enhance their service offerings and provide greater value to clients. Moving beyond simply identifying risks, surveyors can play a role in advising on climate adaptation and resilience measures, within the bounds of their competence.

There is a growing demand from homeowners, buyers, and lenders for information not just on current condition, but on a property's future resilience. Surveyors, with their understanding of building construction, materials, and site characteristics, are uniquely positioned to bridge the gap between general climate projections and property-specific vulnerabilities and adaptation potential. This might involve commenting on the suitability of existing features (e.g., robust roofing, good drainage) or suggesting potential improvements (e.g., flood-resistant repairs, passive cooling measures, sustainable drainage systems (SuDS), appropriate landscaping). This shifts the focus towards solutions and future-proofing, adding significant value. Forward-looking communications may encourage RPSA members to embrace these evolving aspects of their role.

To confidently offer such advice, Continuing Professional Development (CPD) will be vital. RPSA members should seek out training opportunities focused on climate risk assessment, building adaptation, energy efficiency, and related environmental factors. Furthermore, the role of technology and data is likely to grow. Emerging tools, more granular climate projection data, and enhanced environmental search products may increasingly assist surveyors in their desktop research and risk assessment processes.

Collaboration will also be key. Building relationships with other specialists – such as flood risk consultants, drainage engineers, structural engineers with expertise in ground movement, ecologists, and climate adaptation consultants – will be important for knowing when and where to refer clients for more detailed investigation.

By embracing these changes, surveyors can position themselves not just as inspectors of current condition, but as essential advisors on the long-term viability and resilience of properties in a changing climate. This proactive stance could lead to enhanced service offerings and a stronger market position. Moreover, the collective impact of surveyors consistently highlighting climate vulnerabilities and resilience opportunities at the point of transaction can contribute to wider market transformation. Increased awareness and demand from clients, informed by survey reports, can influence developers, builders, and manufacturers towards more climate-resilient practices and materials, potentially incentivised further by lenders and insurers favouring resilient properties.

7. Key Takeaways for RPSA Professionals

Navigating the intersection of climate change and property transactions requires diligence, adaptation, and a commitment to ongoing learning. The Law Society's Practice Note serves as a critical indicator of the direction of travel for the entire property industry. For RPSA members, the key takeaways are:

• Acknowledge the Shift: Climate change is now a material consideration in property transactions, impacting professional duties. This is not a temporary focus but a fundamental evolution of practice.
• Understand the LSPN's Impact: While aimed at solicitors, the LSPN creates clear expectations for the information surveyors need to provide regarding physical climate risks.
• Apply the 'Climate Lens': Use existing surveying skills to identify observable indicators of climate vulnerability (flooding, erosion, subsidence, storm damage, overheating) and consider how climate change might exacerbate them.
• Communicate Clearly: Report findings objectively, provide context, state limitations, and recommend specialist advice where necessary. Balance the duty to inform with avoiding undue alarm.
• Manage Your Duty of Care: Stay current with guidance, use clear Terms of Engagement, and recognise that the standard of "reasonable skill and care" is evolving.
• Embrace Adaptation & Resilience: Look for opportunities to advise on climate resilience measures (within competence) and pursue relevant CPD. 
• Utilise RPSA Resources: Engage with RPSA guidance, training, and support designed to help members navigate this complex area.

Integrating climate considerations into professional practice is essential for managing risk, meeting client expectations, and maintaining the high standards of the RPSA. Early adoption and proactive engagement will place members in the strongest position moving forward in this evolving landscape. The RPSA itself plays a crucial ongoing role in this process, providing the necessary tools, training, and updated guidance to ensure members can operate effectively, consistently, and confidently.

In Summary: A Lot to Take In, But Vitally Important

We understand this is a comprehensive overview and there's a fair bit to digest. However, being aware of these developments around climate change advice is crucial. It's important because it directly impacts our professional responsibilities, the expectations clients and other professionals (like solicitors and lenders) will have of us, and ultimately, the quality and relevance of the service we provide. By staying informed and adapting our practices, we not only protect ourselves and our clients but also reinforce the value and expertise that RPSA members bring to every property transaction.