From William Kidd Chair, Institute of Specialist Surveyors and Engineers

From William Kidd Chair, Institute of Specialist Surveyors and Engineers.

Seaton Hall, Staithes, Saltburn TS13 5AT 07957 845599

2.5.13

To –

Catherine Pemberton

Office of Fair Trading

Dear Ms Pemberton,

Re: Potential Restrictive Trade Practice by the Property Care Association

With reference to various complaints issued by our members regarding a potential restrictive trade practice on the part of the Property Care Association (PCA).

The PCA practice that we at the ISSE (Institute of Specialist Surveyors and Engineers) are currently aware of relates to them (PCA) advising that clients of lenders and chartered surveyors should restrict the identification and installation of remedial building preservation work to PCA members only.

This has the effect of causing the mortgage lenders and/or their clients to believe that the PCA are perhaps the informal regulatory authority within the industry and that none members should not be engaged to provide such services. Anyone acting on this assumption could be misled into supporting a restrictive trade practice in contravention of The Consumer Regulations of 2008. The attention of the PCA has been drawn to this inappropriate practice on several occasions by members of ISSE and thus the PCA have known over a number of years the likelihood of this practice having this effect. Thus any possible defence on the part of PCA is diluted by such awareness.

In addition, evidence compiled by Which Magazine suggests that PCA members can provide a poor standard of service to clients, for example, by recommending the installation of a damp proof course where none is required or where instead improved ventilation to remedy condensation is actually appropriate due to the existing ventilation being inconsistent with the building regulations and/or that which is necessary to remedy the problem.

However in order to avoid being in contravention of the 2008 Consumer Regulations or promotion of a restrictive trade practice it could be correct to utilise the ISSE as a legitimate alternative to the PCA. This given that:-

Unlike the PCA, which is a trade body, the ISSE is an education promoting Institute.

Unlike the PCA, which either does not have a Code of Conduct or if it has does not appear to fully enforce it, the ISSE has a strict Code of Conduct and a “Treat clients honestly and fairly” policy which is strictly adhered to in order to ensure its members take the best interests of the public into account when providing their services.

Unlike the PCA, which promotes a narrow, sales-based approach to the public, the ISSE promotes an holistic and customer service based approach in the provision of services by our members including, where applicable, upholding the principles of building conservation and the potential risks to the health of susceptible occupants associated with airborne dampness and VOC’s (Volatile Organic Compounds such as fungal spores, mould, microbes and formaldehyde) and their prevention and remediation.

Unlike the PCA, which is an exclusive organisation based on remedial contractors, the ISSE is an inclusive organisation based upon qualified, professional and responsible, fully insured (including professional indemnity) specialist surveyors/engineers which, in order to ensure that the Institute’s high standards are dissipated as widely as possible throughout the remedial industry, also includes membership by students, trainees, apprentices, installation technicians, consultants, scientists and interested home-owners along with specialist contractors, subject to the latter employing ISSE member specialist surveyors/engineers.

Unlike the PCA, which provides only a narrow range of low level, low standard, non-competence and non-continuous professional development (CPD) based certifications on an in house basis (non-independently accredited), the ISSE provides a wide range of high standard technical support and training on a continuous professional development (CPD) basis together with both competence and academic based educational awards, certifications and diplomas - being supported by the NAC (the National Aspergillosis Centre based at the University Hospital of Manchester) and accredited by ABBE (the national Ofqual construction Awarding Body for the Built Environment based at Birmingham City University).

We would appreciate if you would arrange an appointment so that we can visit you and explain the benefits of adopting this alternative approach.

Yours sincerely,

William Kidd

Chair and CEO of ISSE.