INSPECTION AGREEMENT – SCOPE, LIMITATIONS & CONDITIONS

This Inspection Report has been prepared in accordance with AS 4349.1–2010

Nothing in this Agreement excludes, restricts, or modifies any consumer guarantee, right, or remedy that cannot lawfully be excluded.

Any person who relies upon this Report does so acknowledging that the following Scope, Limitations, Disclaimers, and Conditions form an integral part of the Report.

Nature and Purpose of the Inspection

This inspection is a visual inspection only of the subject property, undertaken for the purpose of identifying obvious and significant defects that were visible and reasonably accessible at the time of inspection.

This inspection:

Is not a compliance inspection
Is not a certification of the building or any part thereof
Is not a warranty or guarantee of condition or performance
Does not determine remaining service life
Does not assess fitness for purpose

The inspection reflects the condition of the property at the time of inspection only.

Property Within 30 Metres – Scope Clarification (AS 4349.1–2010)

For the purposes of this inspection, “the property within 30 metres” refers to a general visual observation only of site conditions within the subject property boundary and immediately adjacent areas, as reasonably observable from normal standing positions and public vantage points, without entering neighbouring properties, peering over fences, climbing structures, or otherwise attempting to view concealed or restricted areas.

This observation is limited to identifying obvious site-related factors that may affect the subject property, such as surface drainage, slope, ground levels, vegetation, or nearby structures only where visible.

The inspection does not include:

Entry onto neighbouring properties
Inspection of neighbouring buildings, structures, or improvements
Assessment of neighbouring retaining walls, drainage systems, or services
Views obstructed by fencing, walls, vegetation, structures, or boundary limitations

No opinion is expressed regarding the condition, compliance, ownership, or legality of neighbouring properties or structures. Conditions affecting the subject property may exist beyond the Inspector’s line of sight and were not observable at the time of inspection.

Understanding Major Structural Defects

For the purposes of this inspection and Report, a major structural defect is a condition where a structural element has failed, is failing, or is at immediate risk of failing, such that it can no longer safely perform the function it was designed to perform.

In practical terms, a major structural defect means that a structural component is no longer doing its job, or is highly likely to stop doing its job in the near future, resulting in a safety risk or the potential for significant damage.

Examples of conditions that may be considered major structural defects include:

Structural members that have collapsed, fractured, or significantly deformed
Severe movement or instability affecting the structural integrity or safety of the building
Structural elements that have lost their ability to safely carry load
Conditions that present an immediate safety risk or require urgent remedial action

A condition is not considered a major structural defect solely because:

A bracket, connector, or fixing is missing or differs from current standards
The number, type, or spacing of fixings differs from modern construction practices
Construction methods differ from current codes or best practice
An element could be improved, upgraded, or strengthened as a preventative measure

Many buildings—particularly older buildings—were constructed using methods and standards applicable at the time of construction. Where structural elements remain stable, serviceable, and continue to perform their intended function, they are not classified as major structural defects, even if they do not reflect modern construction techniques.

Strata and Company Title Properties

For strata or company title properties, the inspection is limited strictly to:

The interior of the nominated unit, and
The immediate exterior directly associated with that unit where safely accessible.

Common property, including roofs, external walls, services, and shared areas, is excluded unless a separate Special-Purpose Inspection is requested in writing.

Limitations of the Inspection

This inspection did not involve:

Invasive or destructive testing
Removal or movement of fixtures, finishes, insulation, furnishings, stored items, or personal belongings
Access to unsafe, fragile, steep, wet, obstructed, or restricted areas

The Inspector:

Cannot see inside walls, ceilings, floors, roof voids, or concealed cavities
Cannot determine defects that are hidden, intermittent, latent, or future-occurring

Insulation, air-conditioning ducting, plumbing, electrical services, stored items, and other building services may restrict visibility and access, particularly within roof spaces, ceiling cavities, wall cavities, and subfloor areas. The Inspector does not remove, lift, displace, or disturb insulation, ducting, or services, and therefore some structural elements, fixings, or defects may be concealed from view at the time of inspection.

Accordingly, the absence of reported defects does not mean defects do not exist.

Water ingress may be intermittent, seasonal, or weather-dependent, including as a result of heavy rainfall, wind-driven rain, plumbing usage patterns, or changes in environmental conditions. The absence of moisture, dampness, or leakage at the time of inspection does not indicate that water ingress will not occur in the future.

Accordingly, the absence of reported defects does not mean defects do not exist.

Matters Expressly Excluded From This Report

This Report does not assess, comment on, or certify:

Structural engineering adequacy or design
Compliance with the NCC, BCA, Australian Standards, or local authority requirements
Electrical installations, appliances, or solar photovoltaic systems
Gas installations or appliances
Plumbing systems or concealed pipework (including polybutylene)
Underground stormwater drainage systems, including buried pipes, soakwells, and subsurface drainage components, which are concealed and were not inspected or tested
Air-conditioning or mechanical systems
Swimming pools, spas, or pool barrier compliance
Environmental, health, contamination, or hazardous material risks
Noise, neighbourhood, planning, zoning, or heritage matters
Remaining service life or durability of materials
Whether any building works, renovations, alterations, or additions are approved, certified, compliant, or lawful under planning, building, or local authority requirements

Where specialist assessment is required, the Client must engage an appropriately qualified professional.

Known Risk Areas – Disclosure Only (Not Certification)

Shower Recesses

Testing is limited to brief water use and visual observation only. Temporary sealants may conceal defects. The absence of visible leakage does not confirm waterproofing adequacy or long-term performance.

Sagging Ceilings

Ceiling linings may exhibit sagging, deflection, or movement due to age, gravity, moisture exposure, roof leaks (current or historic), insulation loading, fixing failure, or structural movement. A visual inspection alone cannot determine cause, extent, or progression.

Ceilings that appear serviceable at the time of inspection may continue to sag or fail over time. The Inspector does not undertake invasive inspection of ceiling cavities or fixings.

Where sagging ceilings are observed or suspected, further investigation by a suitably qualified contractor is recommended. Ongoing monitoring remains the responsibility of the property owner.

Timber Pests (Including Termites)

Western Australia is a high-risk region for termite activity. Termites can enter buildings undetected, particularly through concealed areas such as wall cavities, roof voids, subfloor spaces, and service penetrations.

The absence of visible evidence of termite activity does not indicate termites are not present or that damage has not occurred.

Regardless of whether activity is observed, appropriate termite treatment and/or an ongoing termite management system is strongly recommended as a preventative risk-management measure. Ongoing termite protection remains the responsibility of the property owner.

Fencing & Pool Barriers

Property owners should be aware that their own or neighbouring properties may contain swimming pools where the dividing fence forms part of the required pool safety barrier. In such circumstances, the ongoing condition, upkeep, and compliance of the dividing fence—including pool gate latches—remains the responsibility of the property owner.

To reduce safety risks, any gaps, holes, damage, corrosion, or soil build-up—particularly around Colorbond or steel fencing—should be addressed.

Fencing may not be fully visible at the time of inspection due to vegetation, structures, soil build-up, or neighbouring property features. Defects or non-compliant conditions may exist in concealed sections that were not visible at the time of inspection.

Retaining Walls

Retaining walls may be located wholly within the subject property, wholly within neighbouring properties, or along property boundaries. The Inspector does not determine ownership or legal responsibility.

Responsibility may rest with the property owner, a neighbouring owner, or be shared. No opinion is expressed regarding ownership, liability, or responsibility.

Retaining walls may be concealed or inaccessible. Movement, cracking, drainage issues, or deterioration may exist that were not visible at the time of inspection.

Vermin & Wildlife (Non-Timber Pests)

The inspection does not assess or report on the presence or absence of vermin, rodents, birds, or wildlife activity, other than observable timber pest activity where applicable. Vermin activity may occur intermittently and may not be evident at the time of inspection.

Glass

Older glazing may not comply with current safety standards. Safety upgrades may be required to reduce injury risk.

Stairs & Balustrades

Older stairs and balustrades may not meet current standards. Upgrading may be required to improve safety.

Rooms Below Ground Level

Rooms below ground level are susceptible to dampness and water ingress, which may not be evident at the time of inspection. Council approvals have not been verified.

Trees

Trees close to structures may affect footing performance. Specialist advice should be obtained where concerns exist.

Asbestos, Mould & Magnesite

No inspection for asbestos, mould, or magnesite flooring was carried out. Buildings constructed prior to the early 1990s may contain hazardous materials.

Estimates and Cost Opinions

Any cost figures provided are opinions only, not quotations or guarantees. Independent quotes should always be obtained.

Cracking and Structural Movement

Cracking may arise from multiple factors and does not necessarily indicate structural failure. A visual inspection cannot determine cause or consequence. Structural engineering advice is recommended where cracking is observed.

Occupied Properties

Where the property is occupied, furnishings and stored items may conceal defects. Some defects may not be visible at the time of inspection.

Reliance, Liability & Consumer Law

This Report is prepared solely for the Client named. Third-party reliance is not permitted unless required by law.

To the extent permitted by law, the Inspector’s liability is limited to the reasonable cost of supplying the inspection service again. Nothing in this Agreement limits rights under the Australian Consumer Law.

Acknowledgment of Terms and Report Delivery

The Client acknowledges that inspection reports and invoices may be provided electronically, including by email and associated electronic notifications (such as SMS).

The Client further acknowledges that the Scope, Limitations, and Conditions applicable to the inspection form an integral part of the Report and are publicly available at ejmj.com.au/terms.

Use of, reliance upon, or action taken in respect of the Report constitutes acceptance of the applicable Scope, Limitations, and Conditions.

Dispute Resolution

Disputes must first be addressed by good-faith negotiation. If unresolved, the matter may be referred to independent mediation prior to court or tribunal proceedings.

Important Notice

Failure to act on recommendations may result in financial loss. The Inspector accepts no responsibility for losses arising from failure to follow recommendations.

Contact the Inspector

If any part of this Report is unclear, the Client should contact the Inspector before acting upon it. Verbal clarification does not vary the written terms of this Report.