Surveyors professional body issues warning to members of “serious consequences” over quality of expert witness functions in housing disrepair sector
The Royal Institution of Chartered Surveyors (RICS) has issued a practice alert after receiving reports condemning the quality of expert witness functions being performed in the housing disrepair sector by its members.
RICS noted that its members, acting as expert witnesses, play a crucial role in assisting the courts by providing impartial evidence-based option.
It added, however, there were particular concerns in some cases that:
- experts are using pre-populated templates or standard schedules of cost that do not reflect their own objective professional opinion
- professional qualifications and stated experience are inaccurate
- experts have, or acquire over the course of several instructions, a conflict of interest
- fee arrangements are demonstrably tied to the outcome of a case.
The practice alert reminds RICS members of their legal, professional and regulatory obligations when providing expert witness services in all cases, and warns of specific risks in housing disrepair and other high-volume work.
RICS said: “Poor quality expert evidence means that valid claims may fail or social housing providers may need to divert public money, which could otherwise be used to make repairs, to respond to invalid claims.”
Examples of poor behaviours cited include:
- Experts being approached by claims managers requiring them to use pre-populated templates, standard schedules of charges or copy-paste reports without proper investigation and verification being undertaken.
- Claims managers or solicitors acting in high volume cases seeking to instruct the same expert in a large number of claims, “creating a conflict of interest because of the amount of fees generated and the risk of losing revenue if the expert witness reports do not meet the expectations of those issuing the instructions”.
- Information about the expert’s qualification or experience being misrepresented, either because of a reliance on templates, incorrect use of an RICS logo or because reports are altered after being submitted.
RICS said: “These behaviours do not comply with our standards for members and are likely to lead to serious consequences for RICS members, including regulatory sanctions and legal consequences.”
The practice alert went on to provider a checklist of key professional responsibilities for RICS members acting as expert witnesses. This provides guidance on four sections of practice:
- The work must be your own – no reliance on pre-populated templates.
- Accuracy and verifiability of personal and professional details.
- Conflict of Interest and financial dependence on instructing parties.
- Duty to the court over any instructing party.
RICS also highlighted the need for members to appreciate the evolving legislative and regulatory context in which housing disrepair claims are assessed, including the prospective introduction of Awaab’s Law in October 2025 and – in parallel – the role of the Housing Health and Safety Rating System (HHSRS) as the primary legal framework for assessing housing conditions in England and Wales.
“Members acting as expert witnesses in disrepair claims must therefore ensure that their assessments and reports demonstrate a clear and accurate understanding of the HHSRS methodology and relevant legal thresholds,” the practice alert said.
“Expert evidence that does not reflect these standards risks undermining the validity of claims, contributing to tenant harm or resulting in legal and regulatory consequences.”
RICS revealed that it would be working closely with the Solicitors Regulation Authority (SRA) “to address issues of improper expert witness instructions from legal professionals” and housing associations “to ensure that misleading or substandard expert evidence does not contribute to improper claims”.
It will also work with courts and tribunals “to monitor judicial concerns regarding non-compliant expert witness reports and to take the necessary regulatory action to reduce their incidence in future”.
Harry Rodd
