INSPECTION REPORT – SCOPE, LIMITATIONS & CONDITIONS

EJMJ Group Pty Ltd trading as EJMJ Inspect
Version: 1 Jan 2025

These Scope, Limitations and Conditions apply to inspection reports prepared by EJMJ Group Pty Ltd trading as EJMJ Inspect (EJMJ).

They form an integral part of the Inspection Report (Report) and must be read together with the Report.

When the Report is issued, the Client is expressly directed to these Scope, Limitations and Conditions by electronic communication, including email and/or SMS.

The Report should not be relied upon or acted upon without first reading and understanding the Report together with these Scope, Limitations and Conditions.

The qualifications, limitations and exclusions contained within these conditions define the scope and extent of the observations, opinions and conclusions expressed within the Report.

Nothing in these conditions excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law or other applicable legislation.

Where a specific inspection scope, qualification or limitation is stated within the Report, quotation or other written communication from EJMJ, that specific wording should be read together with these general conditions.

Applicable Inspection Standards

Where a residential pre-purchase structural inspection is commissioned, the inspection is undertaken in accordance with the applicable scope of AS 4349.1–2007 – Inspection of buildings, Part 1: Pre-purchase inspections – Residential buildings, subject to the scope and limitations contained within these conditions and the Report.

Where a timber pest inspection is commissioned, that component is undertaken in accordance with the applicable scope of AS 4349.3–2010 – Inspection of buildings, Part 3: Timber pest inspections, subject to the scope and limitations contained within these conditions and the Report.

Other inspections, including new-home, progress, pre-completion, dilapidation or special-purpose inspections, are undertaken in accordance with the specific scope stated within the quotation, booking communication or Report.

Nature and Purpose of the Inspection

The inspection is primarily a visual and non-invasive inspection of areas of the Property that are safely and reasonably accessible at the time of inspection.

The inspection is undertaken for the purpose identified within the Report and is intended to identify defects or conditions falling within that scope which were reasonably observable at the time of inspection.

Unless specifically stated otherwise, the inspection:

Is not a structural engineering assessment or certification
Is not a building approval or compliance inspection
Is not certification of the building or any part of it
Is not a warranty or guarantee of the condition or future performance of the Property
Does not determine the remaining service life of building components
Does not determine the suitability of the Property for any particular use
Does not verify that alterations, additions or building work have received required approvals
Does not involve invasive, destructive or laboratory testing

The Report records the condition of the Property as reasonably observable at the time of inspection only.

Building conditions can change following the inspection.

Property and Site Within Approximately 30 Metres

Where relevant to an inspection undertaken under AS 4349.1–2007, site conditions within approximately 30 metres of the inspected building will be visually considered where those areas are located within the subject Property and are safely and reasonably accessible.

Observation may include obvious matters such as:

Surface drainage
Ground levels
Site slope
Vegetation
Retaining structures
Other structures that may reasonably affect the inspected building

EJMJ does not enter neighbouring properties unless separately authorised by the relevant property owner.

The inspection does not include inspection or assessment of neighbouring buildings, structures, retaining walls, drainage systems or services.

Features beyond the Property boundary may be commented upon where clearly visible and relevant; however, no opinion is provided regarding their condition, ownership, compliance, legality or responsibility.

Conditions affecting the Property may exist outside the Inspector's accessible area or line of sight.

Structural Defects

For EJMJ reporting purposes, the term Major Structural Defect is used as a practical classification for significant defects affecting structural building elements.

A Major Structural Defect may include a condition affecting a load-bearing or structurally important element where deterioration, movement, damage, failure or another defect has resulted in, or is reasonably likely to result in:

Loss of structural function or stability
Unsafe conditions
Significant structural deterioration
Significant consequential damage
The need for substantial structural rectification to prevent further deterioration or loss of structural performance

Examples may include:

Structural members that have collapsed, fractured or significantly deformed
Significant movement or instability affecting structural integrity
Structural elements that have materially lost their ability to safely carry intended loads
Significant deterioration of structural members
Conditions requiring substantial structural remediation to prevent further deterioration or failure

The classification of a defect is based upon the Inspector's professional assessment of the visible condition at the time of inspection.

A condition is not automatically considered a Major Structural Defect solely because:

A bracket, connector or fixing differs from current construction practice
The number, type or spacing of fixings differs from current requirements
Construction methods differ from current codes or Australian Standards
An older building does not comply with modern construction requirements
An element could be upgraded or strengthened as a preventative measure

However, such a condition may be classified as significant or major where the observed circumstances indicate that it is causing, or is reasonably likely to cause, structural failure, instability, unsafe conditions or substantial deterioration.

Many older buildings were constructed using standards and practices applicable at the time of construction. A difference from current standards does not, by itself, establish that a building element is defective or structurally inadequate.

The inspection is not a substitute for structural engineering calculations, design verification or certification. Where engineering assessment is recommended, the Client should engage a suitably qualified structural engineer.

Strata and Company Title Properties

Unless otherwise specifically stated, inspections of strata or company-title properties are limited to:

The interior of the nominated unit; and
Exterior areas directly associated with the nominated unit that are safely and reasonably accessible.

Common property, including shared roof areas, common external walls, common services and shared facilities, is excluded unless specifically included within the inspection scope.

The Client should make separate enquiries regarding the condition and maintenance history of common property.

Access and Inspection Limitations

The inspection does not involve:

Invasive or destructive inspection
Cutting, drilling or opening building elements
Removal of wall, ceiling or floor linings
Removal or movement of fixed finishes
Removal or movement of insulation
Removal or relocation of air-conditioning ducting
Removal of plumbing or electrical services
Moving furniture, furnishings, stored goods or personal belongings
Access to areas considered unsafe or unreasonable to enter

Access may be restricted by:

Insulation
Air-conditioning ducting
Plumbing
Electrical services
Stored goods
Furniture
Vegetation
Low clearances
Lightweight roof framing
Lack of manholes or access openings
Wet, slippery or fragile roofing
Height
Locked areas
Occupants
Animals
Other safety or access constraints

The Inspector will determine whether an area can reasonably and safely be accessed based upon conditions present at the time of inspection.

Where access is restricted, the Report may identify the limitation.

Concealed structural elements, fixings or defects may therefore exist that could not reasonably be observed.

The absence of a reported defect does not mean that concealed or inaccessible defects do not exist.

Level, Plumbness, Alignment and Movement

The inspection does not ordinarily involve precision surveying or measurement to determine whether the building, or any component of it, is perfectly level, plumb, square or aligned.

Variations in level, sloping floors, out-of-plumb walls, settlement and minor movement are common in many buildings, particularly older buildings and buildings constructed on reactive soils or sloping sites.

Such conditions may not be reported unless they are visually significant or relevant to the agreed inspection scope.

The absence of comment regarding level, alignment, floor slope or plumbness must not be interpreted as confirmation that the building is level, square, aligned or free from movement.

Where precise measurements or determination of movement are required, assessment by a structural engineer, surveyor or other suitably qualified professional should be obtained.

Concealed, Latent and Intermittent Defects

A visual inspection cannot identify every defect.

Defects may be:

Concealed
Latent
Intermittent
Seasonal
Obscured
Inaccessible
Temporarily repaired or concealed
Not visually apparent at the time of inspection

EJMJ cannot report upon a defect or condition that could not reasonably have been identified during the inspection.

Water Ingress and Moisture

Water ingress can be intermittent and may depend upon:

Rainfall intensity
Wind direction
Wind-driven rain
Plumbing use
Groundwater
Seasonal conditions
Occupancy
Environmental conditions

The absence of visible moisture, dampness or leakage at the time of inspection does not confirm that water ingress has never occurred or will not occur in the future.

Matters Expressly Excluded Unless Specifically Commissioned

Unless specifically included within the inspection scope, the Report does not assess, test, certify or provide specialist advice regarding:

Structural engineering design or calculations
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
Polybutylene or other concealed plumbing systems
Underground stormwater drainage
Buried pipes, soakwells or subsurface drainage components
Air-conditioning or mechanical systems
Swimming pools or spas
Pool barrier compliance
Environmental contamination
Hazardous materials
Asbestos
Mould testing
Magnesite flooring
Noise
Neighbourhood matters
Planning or zoning
Heritage requirements
Remaining service life of materials or components
Approval or legality of renovations, additions or alterations

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

Shower Recesses and Wet Areas

Any testing of showers or wet areas is limited to reasonable water use and visual observation unless otherwise stated.

A visual inspection cannot confirm the complete condition, installation or long-term performance of concealed waterproofing membranes.

Sealants, finishes or recent repairs may conceal defects.

The absence of visible leakage at the time of inspection does not confirm that the waterproofing system is compliant or free from defects.

Ceilings

Ceiling linings may sag, deflect or deteriorate due to age, moisture, historic or current roof leakage, insulation loads, fixing deterioration, installation issues or movement.

Visual inspection alone may not determine the complete cause, extent or future progression of ceiling movement.

Where significant sagging or deterioration is identified, further investigation may be recommended.

Timber Pest Inspection

Where a timber pest inspection has been commissioned, it is a visual and non-invasive inspection of safely and reasonably accessible areas in accordance with the applicable inspection scope.

Timber pests, including termites, may exist within concealed or inaccessible areas without visible external evidence.

The absence of visible evidence of active termites or timber pest damage does not guarantee that termites or other timber pests are absent from the Property.

Where evidence of previous timber pest activity or damage is identified, the full extent of concealed damage may not be determinable without invasive investigation.

Properties in Western Australia are susceptible to termite attack. Regardless of whether termite activity is identified during the inspection, appropriate preventative termite management and regular inspections are strongly recommended.

Existing termite management systems, chemical barriers or treatments are not assumed to remain effective unless appropriate documentation and specialist assessment confirm their condition.

Ongoing termite management remains the responsibility of the property owner.

Fencing and Pool Barriers

Unless specifically commissioned as a pool barrier inspection, EJMJ does not certify pool barrier compliance.

Property owners should be aware that fencing may form part of a swimming pool safety barrier on the subject or adjoining Property.

Obvious defects such as:

Gaps
Holes
Damage
Corrosion
Loose components
Defective gate latches
Soil build-up affecting effective fence height

may be reported where observed.

Vegetation, structures, soil levels or neighbouring features may prevent complete inspection of fencing.

No statement within the Report should be treated as certification that a swimming pool barrier complies with applicable legislation.

Retaining Walls

Retaining walls may be located on the subject Property, neighbouring property or along a boundary.

EJMJ does not determine legal ownership or responsibility for retaining structures.

Responsibility may rest with the property owner, adjoining owner or multiple parties.

Unless specifically commissioned, the inspection does not include engineering assessment of retaining wall design, footing adequacy or concealed drainage.

Vermin and Wildlife

Unless specifically stated otherwise, the inspection does not assess or report upon the presence or absence of rodents, birds, possums, insects or other wildlife, except for timber pests where a timber pest inspection has been commissioned.

Such activity may be intermittent and may not be evident at the time of inspection.

Glass

Older glazing may not comply with current safety glazing requirements.

The inspection does not involve specialist glazing identification or certification unless specifically commissioned.

Where concerns are identified, assessment or upgrading by a suitably qualified contractor may be recommended.

Stairs and Balustrades

Older stairs, handrails and balustrades may differ from current construction requirements.

The inspection does not constitute compliance certification.

Where an observable condition presents a potential safety concern, upgrading or specialist assessment may be recommended.

Rooms Below Ground Level

Rooms located wholly or partly below surrounding ground levels may have an increased risk of moisture penetration, dampness or water ingress.

These conditions may be seasonal or may not be evident at the time of inspection.

Building or planning approvals for such rooms are not verified unless specifically included within the inspection scope.

Trees and Vegetation

Trees and substantial vegetation located near buildings may influence foundations, drainage or structures.

The inspection does not include arboricultural assessment, root investigation or engineering assessment of the effect of vegetation on footings.

Specialist advice should be obtained where significant concerns exist.

Hazardous Materials

No specialist inspection, sampling or testing for asbestos, mould, magnesite or other hazardous materials is undertaken unless specifically commissioned.

The age, appearance or construction of a building may indicate the possibility of hazardous materials; however, identification requires specialist assessment.

Estimates and Cost Opinions

Any repair costs, budget figures or estimates provided by EJMJ are general opinions only.

They are not quotations, tenders or guarantees of actual repair costs.

Repair costs may vary substantially depending upon design requirements, access, contractor availability, material selection, concealed conditions and the final scope of work.

Independent quotations should be obtained before making financial decisions.

Cracking and Structural Movement

Cracking may result from numerous causes including settlement, thermal movement, shrinkage, moisture variation, material movement and structural movement.

The presence of cracking does not automatically indicate structural failure.

Conversely, the significance or cause of some cracking may not be capable of being determined from visual inspection alone.

Where the Inspector considers cracking potentially significant or requiring further investigation, assessment by a structural engineer may be recommended.

Occupied and Furnished Properties

Where a Property is occupied or furnished, furniture, floor coverings, stored items, appliances and personal belongings may prevent inspection of building elements.

EJMJ does not move substantial furniture, stored goods or personal belongings.

Defects may therefore exist within concealed areas that were not reasonably visible at the time of inspection.

Recommendations and Further Investigation

Where the Report recommends further investigation, monitoring, maintenance, repair or specialist assessment, the recommendation should be acted upon within an appropriate timeframe having regard to the nature of the issue.

EJMJ is not responsible for loss or additional deterioration to the extent that the loss or deterioration is caused or contributed to by an unreasonable failure to act upon a recommendation contained within the Report.

Report Delivery, Scope and Reliance

The Report is prepared specifically for the Client identified within the Report and for the purpose for which the inspection was commissioned.

The Report is issued together with these Scope, Limitations and Conditions, which form an integral part of the Report and define the basis upon which the observations, classifications, recommendations and opinions contained within it are expressed.

When issuing the Report, EJMJ expressly directs the Client to these conditions by email and/or SMS.

The Client should retain a copy of these conditions together with the Report.

The Report must be read as a whole, including:

The written findings
Photographs
Defect classifications
Recommendations
Access limitations
Qualifications
These Scope, Limitations and Conditions

Individual comments, photographs or extracts from the Report should not be interpreted or relied upon in isolation.

No other person may rely upon the Report without EJMJ's prior written agreement, except where a right of reliance arises under law.

A person considering purchasing the Property who was not the Client should obtain their own inspection rather than relying upon a Report prepared for another person.

Use of the Report for a different purpose may result in incorrect conclusions being drawn from the information provided.

Liability and Australian Consumer Law

Nothing within the Report or these conditions excludes, restricts or modifies any guarantee, right or remedy under the Australian Consumer Law or other applicable legislation where it would be unlawful to do so.

EJMJ is required to exercise the standard of care and skill applicable to the inspection service being provided.

Subject to any rights that cannot lawfully be excluded, EJMJ is not responsible for loss or damage to the extent that the loss or damage arises from circumstances outside the reasonable scope of the inspection, including:

A defect or condition outside the inspection scope
A defect that was concealed, inaccessible or not reasonably observable at the time of inspection
An area that could not reasonably or safely be accessed
Information that was incorrect, incomplete or withheld from EJMJ
Changes to the Property occurring after the inspection
Subsequent deterioration following the inspection
Intermittent or weather-dependent conditions that were not observable at the time of inspection
Work undertaken by another person before or after the inspection
A condition concealed by repairs, finishes, furniture, stored goods or other obstructions
Use of the Report for a purpose other than that for which it was prepared
Reliance upon the Report by an unauthorised third party
A failure to reasonably act upon recommendations contained within the Report

Nothing within this section limits EJMJ's responsibility for its own failure to exercise the standard of care required by law.

Concerns or Alleged Omissions

If the Client believes that a significant defect or condition falling within the inspection scope was not identified within the Report, the Client should notify EJMJ as soon as reasonably practicable after becoming aware of the issue.

Where reasonably practicable, EJMJ should be provided with an opportunity to inspect the alleged defect or condition before substantial rectification, demolition, alteration or removal is undertaken, so that the original condition can be properly assessed.

This does not prevent urgent work from being undertaken where reasonably necessary to protect persons or property from immediate risk.

Where rectification must occur before EJMJ can inspect the area, the Client should retain appropriate photographs, reports, removed materials where practicable, and other relevant documentation showing the condition before and during rectification.

Providing EJMJ with an opportunity to inspect an alleged omission assists in determining:

Whether the condition existed at the time of the original inspection
Whether the condition was reasonably visible or accessible
Whether the matter fell within the inspection scope
Whether circumstances have changed following the inspection

Electronic Delivery

The Client acknowledges that Reports, invoices and other communications may be provided electronically, including by email, SMS or electronic link.

Electronic transmission of the Report constitutes delivery of the Report.

The Scope, Limitations and Conditions may be provided electronically by hyperlink to EJMJ's website.

Dispute Resolution

If a dispute arises concerning an inspection or Report, the parties should first attempt to resolve the matter through good-faith discussion.

Where appropriate and where the matter cannot be resolved directly, either party may propose independent mediation before commencing court or tribunal proceedings.

Nothing within this clause prevents either party from exercising any right or remedy available under applicable law.

Governing Law

These conditions and the Report are governed by the laws applicable in Western Australia.

The parties submit to the jurisdiction of the courts and tribunals of Western Australia, subject to any rights available under applicable consumer law.

Contacting EJMJ

If any part of the Report is unclear, the Client should contact EJMJ for clarification before making decisions based upon that part of the Report.

Any verbal clarification should be read together with the written Report and does not alter the scope or findings of the Report unless subsequently confirmed in writing by EJMJ.