Surveyors - CEDR

What is the Independent Adjudication Service for RICS?

We provide independent adjudication for disputes between customers and companies regarding the surveying activities of subscribing RICS Member Firms, including the customer service provided. Please note that we can only deal with complaints where the RICS Member Firm has specifically signposted CEDR in its complaints handling procedure.

What we can do?

This Service is designed to adjudicate disputes that have not been resolved through a RICS Member Firm's internal complaints procedure. You must give the company the opportunity to address your concerns first, in many cases they will be able to resolve your complaint in the first instance.

How we do it?

A qualified surveyor or legally qualified adjudicator appointed by CEDR will decide each dispute by reference to the documentary evidence supplied by the parties, the Service Rules and the relevant law. The adjudicators are experienced in dealing with these types of disputes.

Please note that we can only accept applications in English and the process is conducted in English only.

Do I have to pay to use the Service?

No, the Service is free of charge for customers. Therefore, the RICS Member Firms who have CEDR listed in their complaints handling procedure will pay for the Service (regardless of the case outcome). However, any money you spend in putting together your claim you cannot recover through the Service.

How long does it take?

Cases must be completed within 90 days of the complete case file being received, as required by UK legislation. However, the average time taken to complete the process is generally considerably quicker. The parties will be notified once the complete case file is received by the adjudicator and the ADR procedure has commenced.

What will I receive from the adjudicator?

The adjudicator will produce a written decision, which will be sent to you and the RICS Member Firm. The adjudicator’s decision is confidential, and the RICS Member Firm must follow it if you choose to accept it. If you decide that you do not agree with the adjudicator’s Final Decision, you are free to reject it and pursue your claim elsewhere if you wish. In this case, the adjudicator’s decision will not be binding on the RICS Member Firm.

Please note that the adjudication may be different from an outcome determined by a court applying strict legal rules and principles.

The adjudicator’s decision will outline to both parties details of how the outcome was reached.

How much can I claim?

The maximum sum which an adjudicator may award you is £25,000.00.

Is your claim eligible?

Before you submit an application for CEDR adjudication you should check if your claim is eligible for review.

You must ensure the following conditions are met:

That you have a direct contract with the RICS Member Firm you are complaining about.
That you have given the RICS Member Firm a reasonable chance to settle your complaint.
That if you are seeking financial compensation, the total amount of your claim does not exceed £25,000.
That the RICS Member Firm has CEDR referenced in their complaints handling procedure.
That you have been signposted specifically to CEDR for independent adjudication.

Please see the Service Rules (or the Summary Rules) for further information.

What is a Proposed Decision?

A Proposed Decision is a way of giving both parties – the customer and the company – chance to look at and comment on the adjudicator’s decision before it becomes final. You might not agree with the Proposed Decision and if that is the case, you do not have to accept the Final Decision. If you think that the adjudicator has misunderstood the facts, has not taken into account a particular piece of evidence, or if you have more information or evidence that might make a difference then you have 10 working days to make comments.

What should I include in my comments on the Proposed Decision?

In your comments, you can tell the adjudicator if you think:

The adjudicator has misunderstood the facts. You can make comments to highlight where the adjudicator may have got something wrong. For example, you can comment to correct any dates or figures that are incorrect or to explain where a particular point you made has been misunderstood.
The adjudicator has not taken into account a particular piece of evidence. Even if the adjudicator does not list everything they have seen, they will have read all of the documents provided by you and the RICS Member Firm.
They need additional information or evidence that relates to the claim that they have not had the opportunity to see. You can put forward more evidence on points you have already raised in your case. For example, if the adjudicator says that there is insufficient evidence to support a particular financial loss, you can supply receipts or invoices which prove that this loss was incurred.

What happens once the comments on the Proposed Decision have been made?

The comments on the Proposed Decision will be sent to the adjudicator, who will have 5 working days to make any changes they see fit. The adjudicator will then complete their final decision, which will be sent to both parties. If no comments on the Proposed Decision are made, the adjudicator will re-issue the Proposed Decision as the Final Decision. Once the Final Decision is issued, that finalises the matter and the decision cannot be appealed or reviewed.