The new RICS expert witness standard: what changes on 30 November 2026
RICS published the 5th edition of its professional standard Surveyors acting as expert witnesses in July 2026. It applies to instructions from 30 November 2026 and now applies worldwide. For solicitors instructing a surveyor, a few points will show up in engagement letters and reports straight away.
What it is
Surveyors acting as expert witnesses is the mandatory RICS professional standard for any member or regulated firm giving expert evidence. The 5th edition was published on 30 July 2026, takes effect on 30 November 2026, and now applies globally. It sits alongside, not above, the court's own rules: in England and Wales, CPR Part 35 and Practice Direction 35 still govern the evidence. See our guide to what a CPR Part 35 report must contain.
The points solicitors will notice
- Written terms before work starts. The scope of the appointment and the basis of the fees must be confirmed in writing.
- Conflicts, including financial dependence. The surveyor must disclose actual or potential conflicts, and that includes a material reliance on fees from one instructing party or firm.
- No outcome-related fees. Fees must not depend on the result of the case, apart from a narrow exception with strict conditions.
- No pre-populated templates. Reports must be written for the case, not adapted from a standard report with the details changed.
- AI and other people's work. The report must disclose the use of artificial intelligence or similar tools, and work done by others such as assistants or other specialists.
- A range of opinion. Where there is a range of reasonable opinion, the report must say so and explain where the expert's view sits.
- Disputed facts. Where the answer depends on which version of the facts is accepted, the expert gives separate opinions on each.
- Declarations. The report must include the RICS declarations, alongside the court's statement of truth.
- Complaints. The firm's usual client complaints procedure does not apply to the expert's opinion, because the expert's duty is to the court.
What this means in practice
For instructing solicitors, the practical effect is mostly positive. Engagement terms will be clearer at the outset, reports should be easier to test, and the disclosures make it harder for the other side to raise independence points at trial. It is worth checking that any expert you instruct after 30 November 2026 is working to the 5th edition, and that their engagement letter reflects it.
How we work
Baker Accordia's expert witness reports are prepared to CPR Part 35, Practice Direction 35 and the current RICS standard. Chris Baker MRICS holds the RICS Expert Witness Certificate. Contact us to discuss an instruction.
This article is general information, not legal advice.
This article is general information for professionals and the public, not legal or professional advice, and does not create a client relationship. The law and procedure described are those of England and Wales as understood at the date of publication. Take advice on your own facts before acting.
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Early conversations are without obligation and treated as confidential. Conflicts are checked before any detail of the dispute is discussed.