Frequently asked questions

Useful documentation

Video guides

How we can help you make a complaint

How we can help you make a complaint

How do 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.

Things we cannot assist with

  • Adjudication for residential lettings
  • Adjudication for residential property management
  • Adjudication for residential estate agency complaints

 

These are covered by The Property Ombudsman (TPO) or Property Redress Scheme (PRS). 

Useful Links

The Property Ombudsman (TPO)
The TPO can be contacted on 01722 33306 and their website is https://www.tpos.co.uk/

 

The Property Redress Scheme
Property Redress Scheme can be contacted on 0333 321 9418 and their website is https://www.theprs.co.uk/

Guidance

Guidance

Can I apply to use the scheme without complaining to the RICS firm member first?

No, 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.

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.

Settlements

Settlement offers are made to resolve a complaint at the early stages and if accepted, this is taken as full and final settlement of the dispute.

If a company wishes to settle your claim in full or in part and a consumer accepts it, the matter is deemed resolved. If the company provides sufficient evidence showing that the settlement has been fulfilled, the complaint will be closed as resolved.

Please note that if a matter is settled prior to coming to CEDR or during the CEDR process and the customer has accepted the offer provided in full and final settlement of the dispute, that concludes the complaint.

Online case management system

We use an online case management system and please note that whilst the system is available on a phone or tablet, you are unable to download any documents using these devices. When registering a case, permitted file types include docx, doc, pdf, png, jpg, jpeg, .msg with a file limit of 50MB. You are unable to add other file types.

If you need any support with the online case management system, please email surveyors@cedr.com or call us on 020 7536 6116, Monday to Friday from 9am to 5pm.

Application process

Application process

How long does the process 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 evidence should I provide?

When it comes to the evidence, you will need to provide things like:

  • Dates you first became aware of the issue or issues
  • Confirmation of the date that you first raised the issue with the RICS regulated firm
  • Any copies of correspondence between you and the company. This can include emails, letters, webchat and SMS
  • Copies of any reports received or obtained during the process
  • Summary notes containing details of telephone calls you have had with the company. This can include, the names, dates and time of the people you spoke to
  • Any other relevant information that you consider will assist in your complaint.

Please note that it is the customer’s responsibility to provide as much information as possible to assist with their claim. The adjudicator will only request information from either party if they need it to make a decision. Therefore, the onus is on each party to provide relevant information to support their position during the initial case stages.

How much can I claim?

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

Can I withdraw my case after I have submitted my application?

You are able to withdraw your application after you have registered your case with CEDR. However, once a decision has been issued, you are only able to accept or reject the decision.

Cost

Cost

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.

Making a decision

Making a decision

What is a Proposed Decision?

A Proposed Decision is a way of giving both parties – the customer and the company – a 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.

The outcome

The outcome

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.

Who decides the outcome of the dispute?

Generally 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 scheme rules and the relevant law. The adjudicators are experienced in dealing with these types of disputes.

If my case is successful, can I accept the outcome but dispute the monetary amount awarded?

No, you are not able to accept the outcome but dispute the amount awarded under any circumstances. You can of course reject the Final Decision and take the matter to another forum.

Decisions issued under this scheme are final and not subject to any appeal or review. Customers who accept the Final Decision, agree to the outcome and monetary amount awarded. Once you accept the Final Decision, the company has 20 working days to provide you with the remedy or remedies outlined in the decision.

Complaints about CEDR

Complaints about CEDR

Complaints about CEDR

If you want to complain about CEDR please read our Complaints Procedure. Once you have read the Complaints Procedure and you want to submit your complaint, please use our Complaint Form below. Please note that adjudicator decisions are out of scope and are unable to be reviewed or appealed.  Also, if a customer or subscribing company wish to bring a complaint about CEDR, they must pay their own costs of preparing the complaint.

Please note that if you require a reasonable adjustment, a member of the team can take your complaint over the phone.

Complaints Procedure

Complaint Form

Independent Reviewers Terms of Reference

The steps you must take before submitting a complaint

1

Contact the company

Raise your complaint with the RICS regulated firm directly.
2

Get in touch with CEDR

If the RICS regulated firm is not able to resolve your problem to your satisfaction you may submit an application to CEDR for adjudication (if you have received a deadlock letter or 8 weeks have lapsed). The RICS regulated firm must have listed CEDR in their Complaints Handling Procedure (CHP) for CEDR to deal with your dispute.
3

Accept or reject the final decision

CEDR will review the matter and if eligible an independent adjudicator will make a Proposed Decision followed by a Final Decision in relation to your dispute. Once a Final Decision is issued, the consumer can either accept or reject the Final Decision. If accepted, the RICS regulated firm will have to comply with the adjudicator’s directions.
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