RICS Expert Witness: The Standards a Surveyor Must Meet

A RICS expert witness is a chartered surveyor who gives independent opinion evidence to a court, tribunal or arbitrator, and who is bound by the RICS practice statement Surveyors acting as expert witnesses as well as Part 35 of the Civil Procedure Rules. In practice the surveyor must be qualified in the subject of the dispute, must put their duty to the tribunal above the interests of whoever is paying, and must produce a report that meets a published standard. This guide explains what those RICS expert witness requirements are, how they sit alongside CPR Part 35, and what solicitors and litigants should check before instructing anyone.

What is the RICS practice statement on expert witnesses?

RICS publishes a practice statement and guidance note titled Surveyors acting as expert witnesses (currently in its 4th edition). The practice statement is mandatory for RICS members and regulated firms: a surveyor who accepts an expert witness appointment in England, Wales or Northern Ireland must comply with it, and a departure that is not properly justified can be treated as a disciplinary matter under the RICS Rules of Conduct.

The practice statement sets out the mandatory duties: independence, competence, the content and form of the report, and the surveyor's conduct at hearings. The accompanying guidance note explains good practice on instructions, conflicts of interest and cross-examination. Together they mirror the court's own rules in CPR Part 35 and Practice Direction 35, so a RICS-compliant report is, by design, a CPR-compliant one.

The core duties a RICS expert witness must meet

Five obligations run through the practice statement.

• Overriding duty to the tribunal. The expert's first duty is to the court or tribunal, not to the instructing party. CPR 35.3 says the same thing. A surveyor who shades an opinion to help the client is in breach of both the court rules and RICS regulation.
• Independence and impartiality. The surveyor must be, and must be seen to be, independent. Any actual or potential conflict of interest, including prior involvement with the property, the parties or their advisers, must be disclosed at the outset, and if it cannot be managed the appointment should be declined.
• Competence in the subject matter. The expert must have the knowledge, experience and qualifications the issue calls for. A residential building surveyor is not automatically competent to give evidence on a commercial dilapidations claim, and a valuation opinion should come from an RICS Registered Valuer working to the Red Book.
• Separating fact from opinion. The report must make clear what the surveyor observed, what was told to them, what is assumed, and what is the surveyor's own professional opinion. Where a range of views is reasonable, the report should say so and explain why the expert has landed where they have.
• A statement of truth and declaration. Every report must end with the expert's declaration that they understand their duty to the court and have complied with it, together with the statement of truth required by PD35. Signing a false statement of truth can amount to contempt of court.

RICS expert witness requirements for the report itself

The practice statement requires the report to be addressed to the tribunal and to contain, at minimum: the expert's qualifications and relevant experience; the substance of all material instructions, written and oral; the documents relied on; who carried out any inspection, test or measurement and whether it was supervised by the expert; the questions the expert has been asked to address; the facts and assumptions on which the opinions rest; the reasoning behind each opinion; and a summary of conclusions.

This list is deliberately close to paragraph 3 of Practice Direction 35, so a report prepared to the RICS standard should satisfy the court without further work. What a compliant CPR Part 35 report looks like in practice is covered in more detail in what a CPR Part 35 expert witness report contains. For a straightforward residential or party wall dispute, reports of this kind typically cost £5,000–£15,000, with complex construction or valuation matters running to £20,000–£50,000 or more, and hourly rates of £150–£300 are common. Court attendance is usually charged at £1,000–£2,000 per day.

Qualifications, registration and insurance

There is no separate licence to act as a RICS expert witness, but the practice statement makes competence a precondition of accepting the instruction, and there are several markers a solicitor can check.

• Chartered status. MRICS or FRICS membership confirms the surveyor has passed the Assessment of Professional Competence and is subject to RICS regulation and continuing professional development requirements.
• Registered Valuer status. For any evidence about value, the surveyor should be on the RICS Valuer Registration scheme and produce the valuation in accordance with the RICS Valuation – Global Standards (the Red Book). A valuation opinion from a non-registered surveyor is open to obvious challenge; see the panel's valuation expert witness page for how these instructions are handled.
• Expert witness training or accreditation. RICS runs expert witness training and an accreditation route, and many surveyors also hold certificates from expert witness training bodies. None of these are mandatory, but they are strong evidence that the surveyor understands courtroom procedure, not just surveying.
• Professional indemnity insurance. RICS-regulated firms must carry PII at prescribed minimum levels. Since the Supreme Court removed expert witness immunity in 2011, an expert can be sued for negligent evidence, so confirming cover is prudent for both sides.
• Relevant technical experience. The surveyor should be able to show recent, hands-on experience of the type of building, defect or transaction in dispute, as this is where cross-examination most often bites.

How RICS rules govern fees, instructions and conduct at hearings

Terms of engagement must be agreed in writing before substantive work starts and should identify the client, the tribunal, the issues, the timetable and the basis of charging. RICS is clear that fee arrangements must not compromise independence: a fee that depends on the outcome of the case is incompatible with the duty to the tribunal. The surveyor must also keep a record of instructions, because the court can order their disclosure if the report appears incomplete or inaccurate.

Once appointed, the expert must cooperate with the other side's expert where the court directs it and contribute to a joint statement of the points agreed and disputed. At the hearing the surveyor must answer questions even-handedly, concede points that are properly conceded, and never act as an advocate for the instructing party. Falling short exposes the expert to criticism in the judgment, a costs order and potential RICS disciplinary action.

What solicitors and litigants should check before instructing

A short checklist reduces the risk of an expert being excluded or discredited. Confirm the surveyor is currently RICS-regulated and, for valuation issues, a Registered Valuer. Ask for a CV showing relevant technical experience and any expert witness training. Establish whether the expert has any prior connection with the property or the parties. Agree written terms that reflect the court timetable, and check the surveyor can attend any hearing dates already fixed. For a broader view of the role, what an expert witness does and when you need an expert witness surveyor are useful starting points.

Appointing a RICS expert witness through Survey Merchant

Survey Merchant provides RICS chartered surveyors as expert witnesses across England, Wales and Northern Ireland from a national panel of 2,400+ surveyors. Each expert is matched to the discipline in dispute, whether that is construction and building defects, valuation, dilapidations, party wall or surveyor negligence, and works to the RICS practice statement and CPR Part 35. Party-appointed and single joint expert instructions are both accepted, and fixed fees are quoted for the report stage wherever the scope allows. To discuss a dispute or request a fee proposal, visit the expert witness services page, use the contact form, or call 0204 579 8270.