Terms & Conditions
The Report You Ordered
Pre-Purchase Residential Building Inspection Complies with Australian Standard AS 4349.1-2007 Inspection of Buildings Part 1: Pre-purchase Inspections
Residential Buildings – Appendix “C”
Scope of Work – The inspection will be of the Building Elements as outlined in Appendix C of AS4349.1-2007
Except for Strata title properties where the inspection will be according to Appendix B of AS4349.1-2007.
A copy of the appropriate Standard with Appendices may be obtained from SAI Global at Your cost https://infostore.saiglobal.com/en-au/
We will carry out the inspection and report ordered by You in accordance with this agreement and You agree to pay for the inspection on return of this agreement.
In ordering the inspection, you agree that the the inspection will be carried out in accordance with the following clauses which define the scope and limitations of the inspection and the report.
SCOPE OF THE INSPECTION & THE REPORT
1. The Inspection will be carried out in accordance with AS4349.1-2007. The purpose of the inspection is to provide advice to a prospective purchaser regarding the condition of the property at the date and time of inspection. Areas for Inspection shall cover all safe and accessible areas.
2. The inspection shall comprise a Visual and Non-Invasive assessment of the items listed in Appendix C to AS4349.1-2007 for the structures within 30 metres of the building and within the site boundaries including fences.
3. Subject to safe and reasonable access (See Definitions below) the Inspection will normally report on the condition of each of the following areas:
- The Building Interior, The Roof Void, The Building Exterior, The Building Subfloor (if applicable), The Roof Exterior, The Site Boundary Fences
4. The inspector will report individually on Major Defects and Safety Hazards evident and visible on the date and time of the inspection.
The report will also provide a general impression regarding the extent of Minor Defects
For the purpose of preparing the inspection report Major and Minor Defects are defined by AS4349.12007 as follows:
Major Defect – mA defect of sufficient magnitude where rectification has to be carried out in order to avoid unsafe conditions, loss of utility or further deterioration of the property.
Minor Defects – A defect other than a major defect.
5. Where a Major Defect has been identified, the inspector will give a description as to why it is a Major defect and specify its location.
6. The Inspector will conduct a Non–Invasive Visual inspection which will be limited to those accessible areas and sections of the property to which Safe and Reasonable Access (see Definitions below) is both available and permitted on the date and time of the inspection.
Areas where reasonable entry is denied to the inspector, or where safe and reasonable access is not available, are excluded from and do not form part of, the inspection.
Those areas may be the subject of additional inspection upon request following the provision or reasonable entry and access. An additional inspection charge may be applied for return inspections where reasonable entry was initially denied.
The inspector WILL NOT access areas considered by the inspector to be unsafe. Unsafe conditions may include but are not limited to:
Ceiling and floor cavities where access may be impeded by size, debris, damage, and vermin, Yards, buildings, rooms, and voids where animals are present areas that are subject to temperature extremes due to weather conditions, Areas that the inspector believes may be contain asbestos, mould and other chemical residue.
7. The Inspection WILL NOT involve any invasive inspection including cutting, breaking apart, dismantling, removing, or moving objects including, but not limited to:
Roofing, wall and ceiling sheeting, ducting, foliage, mouldings, debris, roof insulation, sarking, sisalation , Floor or wall coverings, sidings, fixtures, floors, pavers, furnishings, joinery, appliances, or personal possessions.
8. The Inspection and Report compares the inspected building with a building that was constructed in accordance with the generally accepted practice at the time of construction and which has been maintained such that there has been no significant loss of strength and serviceability.
9. The Inspection excludes the inside of walls, between floors, inside skillion roofing, inside the eaves, behind stored goods in cupboards, and other areas that are concealed or obstructed. The inspector WILL NOT dig, gouge, force or perform any other invasive procedures.
10. The Report is not a certificate of compliance that the property complies with the requirements of any Act, regulation, ordinance, local law or by-law, or as a warranty or an insurance policy against problems developing with the building in the future. The Report WILL NOT include unauthorised building work and work that is not compliant with building regulations.
11. The Building Inspection WILL NOT look for or report on Timber Pest Activity. Unless you have ordered a Timber Pest Report. You should have an inspection carried out in accordance with AS 4349.3-2010 Inspection of Buildings Timber Pest Inspections, by a fully qualified, licensed and insured Timber Pest Inspector
12. If Timber Pest Damage is found then it will be reported. The inspector will only report on the damage which is visible.
13. The Building Inspection WILL NOT look for or report on Asbestos. If during the course of the Inspection asbestos or materials containing asbestos happened to be noticed then this may be noted in the general remarks section of the report. If asbestos is noted as potentially present within the property then you agree to seek advice from a qualified asbestos removal expert as to the amount and importance of the asbestos present and the cost of sealing or of removal.
MOULD – MILDEW
14. The Building Inspection WILL NOT look for or report on Mould (Mildew) and Non-Wood Decay Fungi. If during the course of the Inspection Mould (Mildew) and Non-Wood Decay Fungi happened to be noticed then this may be noted in the general remarks section of the report. If Mould (Mildew) and Non-Wood Decay Fungi is noted as potentially present within the property then you agree to seek advice from a qualified expert as to the amount and importance of the Mould (Mildew) and Non-Wood Decay Fungi present and the cost of treatment or of removal
ESTIMATE OF COST
15. The inspector WILL NOT at the time of inspection or within the inspection Report provide any estimates of possible costs that could be encountered to rectify defects identified during the inspection. Construct Consult may provide a formal quotation to rectify defects identified during the inspection at a later date if requested.
FURNISHED / OCCUPIED BUILDINGS
16. If the property to be inspected is occupied / furnished then you must be aware that furnishings or household items may be concealing evidence of problems which may only be revealed when the items are moved or removed. If property is occupied / furnished at the time of inspection it is highly recommended to have Construct Consult re-inspect the property when it is vacant, un-occupied and unfurnished prior to the settlement or sale of the property.
Where the Report says the property is occupied you agree to gain:
A statement from the owner as to:
Any Timber Pest activity or damage, Any timber repairs or other repairs, Any alterations or other problems to the property known to them,
Any other work carried out to the property including Timber Pest treatments, Obtain copies of any paperwork issued and the details of all work carried out.
Indemnify the Inspector from any loss incurred by you relating to the items listed in clause above where no such statement is obtained.
17. The following items as identified and listed in Appendix D to AS4349.1-2007 WILL BE EXCLUDED from the Inspection and Report:
a) Footings below ground
b) Concealed damp-proof course
c) Electrical installations, operation of smoke detectors, light switches and fittings, TV, sound and communications and security systems
d) Concealed plumbing
e) Adequacy of roof drainage as installed
f) Gas fittings and fixtures
h) Automatic garage door mechanisms
i) Swimming pools and associated filtration and similar equipment
j) The operation of fireplaces and solid fuel heaters, including chimneys and flues
k) Alarm systems
l) Intercom systems,
m) Soft floor coverings
n) Electrical appliances including dishwashers, incinerators, ovens, ducted vacuum systems,
o) Paint coatings, except external protective coatings
p) Health hazards (e.g., allergies, soil toxicity, lead content, radon, presence of asbestos or urea
q) Timber and metal framing sizes and adequacy
r) Concealed tie-downs and bracing
s) Timber pest activity
t) Other mechanical or electrical equipment (such as gates, inclinators),
u) Soil conditions
v) Control joints
w) Sustainable development provisions
x) Concealed framing-timbers or any areas concealed by wall linings/sidings,
aa) Floor cover
bb) Furniture and accessories
cc) Stored items
ee) Environmental matters (e.g., BASIX, water tanks, BCA Environmental Provisions)
ff) Energy efficiency
gg) Lighting efficiency.
18. Where the property is a strata, company or similar title, the inspector will only inspect the interior and immediate exterior of the particular unit requested to be inspected as detailed in Appendix B in AS4349.1-2007. Therefore, it is advised that the Client obtain an inspection of common areas prior to any decision to purchase.
19. The Inspection and Report WILL NOT report on any defects which may not be apparent due to prevailing weather conditions at the time of the Inspection.
Such defects may only become apparent in differing weather conditions.
20. You agree that We cannot accept any liability for Our failure to report a defect that was concealed by the owner of the building being inspected and You agree to indemnify Construct Consult Inspection Services for any failure to find such concealed defects.
21. Where Our report recommends another type of inspection including an invasive inspection and report then You should have such an inspection carried out prior to the exchange of contracts or end of cooling off period. If You fail to follow Our recommendations, then You agree and accept that You may suffer a financial loss and indemnify Construct Consult Inspection services against all losses that you incur resulting from Your failure to act on our advice.
22. The Report is prepared and presented, unless stated otherwise, under the assumption that the existing use of the building will continue as a Residential Property.
23. You understand that in preparing the report the Inspector will take photographic evidence of the property. Unless specifically requested in writing to Construct Consult not to publish these images You agree that Construct Consult can utilise Images / Video / other media captured during the inspection in advertising media upon completion of Your purchase of the property.
24. In the event of a dispute or a claim arising out of, or relating to the Inspection or the Report, or any alleged negligent act, error, or omission on Our part or on the part of the Inspector conducting the Inspection, either party may give written notice of the dispute or claim to the other party. If the dispute is not resolved within twenty one (21) days from the service of the written Notice then either party may refer the dispute or claim to an independent mediator nominated by Construct Consult.
The cost shall be met equally by both parties or as agreed as part of the mediation settlement. Should the dispute or claim not be resolved by mediation then one or other of the parties may refer the dispute or claim to the Institute of Arbitrators and Mediators of Australia who will appoint an Arbitrator who will resolve the dispute by arbitration. The Arbitrator will also determine what costs each of the parties are to pay.
THIRD PARTY DISCLAIMER:
25. We will not be liable for any loss, damage, cost, or expense, whatsoever, suffered or incurred by any Person other than You in connection with the use of the Inspection Report provided pursuant to this agreement by that Person for any purpose or in any way, including the use of this report for any purpose connected with the sale, purchase, or use of the Property or the giving of security over the Property, to the extent permissible by law. The only Person to whom We may be liable and to whom losses arising in contract or tort sustained may be payable by Us is the Client named on the face page of this Agreement.
26. Prohibition on the Provision or Sale of the Report
The Report may not be sold or provided to any other Person without Our express written permission, unless the Client is authorised to do so by Legislation.
If We give our permission it may be subject to conditions such as payment of a further fee by the other Person and agreement from the other Person to comply with this clause.
However, We may sell the Report to any other Person although there is no obligation for Us to do so.
You release Us from any and all claims, actions, proceedings, judgments, damages, losses, interest, costs and expenses of whatever nature that the Person may have at any time hereafter arising from the unauthorised provision or sale of the Report by You to a Person without Our express written permission.
You indemnify Us in respect of any and all liability, including all claims, actions, proceedings, judgments, damages, losses, interest, costs and expenses of any nature, which may be incurred by, brought, made or recovered against Us arising directly or indirectly from the unauthorised provision or sale of the Report by You to a Person without Our express written permission.
You should read and understand the following definitions of words used in this Agreement and the Report. This will help You understand what is involved in a property and building inspection, the difficulties faced by the inspector and the contents of the Report which We will provide You following the Inspection.
Acceptance Criteria The Building shall be compared with a building that was constructed in accordance with the generally accepted practice at the time of construction and which has been maintained such that there has been no significant loss of strength and serviceability.
Access Hole (cover) means an opening in flooring or ceiling or other part of a structure (such as service hatch, removable panel) to allow for entry to carry out an inspection, maintenance or repair.
Accessible Area means an area of the site where sufficient safe and reasonable access is available to allow inspection within the scope of the inspection.
Building Element means a portion of a building that, by itself or in combination with other such parts, fulfils a characteristic function.
Client means the person(s) or other legal entity for which the inspection is to be carried out. If ordered by the person(s)’s agent then it is agreed that the agent represents the person(s) and has the authority to act for and on their behalf. (See also “You/Your” below).
Defect means – a fault or deviation from the intended condition of the material, assembly or component.
Inspection means – close and careful scrutiny where reasonable of a building carried out without dismantling, in order to arrive at a reliable conclusion as to the condition of the building.
Inspector means – the person or organisation responsible for carrying out the inspection. (See also “Our/Us/We” below.)
Limitation means – any factor that prevents full achievement of the purpose of the inspection.
Major Defect – means a defect of sufficient magnitude where rectification has to be carried out in order to avoid unsafe conditions, loss of utility or further deterioration of the property.
Minor Defect – means a defect other than a Major defect.
Serviceability Defect – means a fault or deviation from the intended serviceability performance of a building element.
Person means – any individual, company, partnership or association who is not a Client.
Property means – the structures and boundaries etc up to thirty (30m) metres from the exterior walls of the main building but within the boundaries of the land on which the main building is erected.
Report means – the document and any attachments issued to You by Us following Our inspection of the property.
Structural Inspection means the inspection shall comprise visual assessment of accessible areas of the property to identify major defects to the building structure and to form an opinion regarding the general condition of the structure of the property. The Report will not include those items noted in Clause A3 of AS 4349.1-2007 e.g. Condition of roof coverings, partition walls, cabinetry, doors, trims, fencing, minor structures, ceiling linings, windows, non-structural & serviceability damp issues, rising damp, condensation etc.
A Pre-Purchase Structural Inspection as defined in Appendix A to AS4349.1-2007 differs to a Pre-Purchase Building Inspection as defined in Appendix C to AS4349.1-2007.
Safe and Reasonable Access does not include the use of destructive or invasive inspection methods or moving furniture or stored goods.
The Standard AS4349.1-2007 defines the extent of safe and reasonable access as follows:
The extent of accessible areas shall be determined by the inspector at the time of inspection, based on the conditions encountered at the time of the inspection.
The inspector shall also determine whether sufficient space is available to allow safe access.
The inspection shall include only accessible areas and areas that are within the inspector’s line of sight and close enough to enable reasonable appraisal.”
It also defines access to areas as defined in the Table below.
Access Table from AS 4349.1-2007
Access Hole 400 x 500, Crawl Space 600 x 600, Height Accessible from a 3.6mtr ladder
Access Hole – N/A, Crawl Space – N/A, Height Accessible from a 3.6mtr ladder
1. Reasonable access does not include the cutting of access holes or the removal of screws and bolts or any other fastenings or sealants to access covers.
2. Sub floor areas sprayed with Chemicals should not be inspected unless it is safe to do so.
Our/Us/We means the company, partnership or individual named that You have requested to carry out the property inspection and report.
You/Your means the party identified on the face page of this agreement as the Client, and where more than one party all such parties jointly and severally, together with any agent of that party.