Inspection Agreement - Important Information
Note: In the case of strata and company title properties, the inspection is limited to the interior and immediate exterior of the particular unit being inspected. The Exterior above ground floor level is not inspected. The complete inspection of other common property areas would be the subject of a Special-Purpose Inspection Report which is adequately specified.
Shower Recesses: Tests may be made on shower recesses to detect leaks (if water is connected). The tests may not reveal leaks or show incorrect waterproofing if silicone liquid or masonry sealant has been applied prior to the inspection. Such application is a temporary waterproofing measure and may last for some months before breaking down. The tests on shower recesses are limited to running water within the recesses and visually checking for leaks. As showers are only checked for a short period of time, prolonged use may reveal leaks that were not detected at the time of inspection. No evidence of a current leak during inspection does not necessarily mean that the shower does not leak.
Glass Caution: Glazing in older houses (built before 1978) may not necessarily comply with current glass safety standards AS1288. In the interests of safety, glass panes in doors and windows especially in trafficable areas should be replaced with safety glass or have shatterproof film installed unless they already comply with the current standard.
Stairs & Balustrades: Specifications have been laid down by the Australian Building Code - Section 3.9 covering stairs, landings and balustrades to ensure the safety of all occupants and visitors in a building. Many balustrades and stairs built before 1996 may not comply with the current standard. You must upgrade all such items to the current standard to improve safety.
Rooms below ground level: If there are any rooms under the house or below ground level (whether they be habitable or non-habitable rooms), these may be subject to dampness and water penetration. Drains are not always installed correctly or could be blocked. It is common to have damp problems and water entry into these types of rooms, especially during periods of heavy rainfall and this may not be evident upon initial inspection. These rooms may not have council approval. The purchaser should make their own enquiries with the Council to ascertain if approval was given.
Trees: Where trees are too close to the house this could affect the performance of the footing as the moisture levels change in the ground. A Geotechnical Inspection can determine the foundation material and advise on the best course of action with regards to the trees.
The septic tanks (if applicable): Should be inspected by a licensed plumber.
Swimming Pools: Swimming Pools/Spas are not part of the Standard Building Report under AS4349.1-2010 and are not covered by this Report. We strongly recommend a pool expert should be consulted to examine the pool and the pool equipment and plumbing as well as the requirements to meet the standard for pool fencing. Failure to conduct this inspection and put into place the necessary recommendations could result in fines for non compliance under the legislation.
Surface Water Drainage: The retention of water from surface runoff could have an effect on the foundation material which in turn could affect the footings to the house. Best practice is to monitor the flow of surface water and stormwater run off and have the water directed away from the house or to storm water pipes by a licensed plumber/drainer.
Important Information Regarding the Scope and Limitations of the Inspection and this Report
Any person who relies upon the contents of this report does so acknowledging that the following clauses, which define the Scope and Limitations of the inspection, form an integral part of the report.
This report is not an all encompassing report dealing with the building from every aspect. It is a reasonable attempt to identify any obvious or significant defects apparent at the time of the inspection. Whether or not a defect is considered significant or not, depends, to a large extent, upon the age and type of the building inspected. This report is not a Certificate of Compliance with the requirements of any Act, Regulation, Ordinance or By-law. This is a visual structural report as per AS 4349.1 2010. Should you require any advice of a structural nature you should contact a structural engineer.
THIS IS A VISUAL INSPECTION ONLY limited to those areas and sections of the property fully accessible and visible to the Inspector on the date of Inspection. The inspection DID NOT include breaking apart, dismantling, removing or moving objects including, but not limited to, foliage, mouldings, roof insulation/ sisalation, floor or wall coverings, sidings, ceilings, floors, furnishings, appliances or personal possessions. The inspector CANNOT see inside walls, between floors, inside skillion roofing, behind stored goods in cupboards and other areas that are concealed or obstructed. The inspector DID NOT dig, gouge, force or perform any other invasive procedures. Visible timbers CANNOT be destructively probed or hit without the written permission of the property owner.
This Report does not and cannot make comment upon: defects that may have been concealed; the assessment or detection of defects (including rising damp and leaks) which may be subject to the prevailing weather conditions; whether or not services have been used for some time prior to the inspection and whether this will affect the detection of leaks or other defects (eg. In the case of shower enclosures the absence of any dampness at the time of the inspection does not necessarily mean that the enclosure will not leak); the presence or absence of timber pests; gas-fittings; common property areas; environmental concerns; the proximity of the property to flight paths, railways, or busy traffic; noise levels; health and safety issues; heritage concerns; security concerns; fire protection; site drainage (apart from surface water drainage); swimming pools and spas (non-structural); detection and identification of illegal building work; detection and identification of illegal plumbing work; durability of exposed finishes; neighbourhood problems; document analysis; electrical installation; any matters that are solely regulated by statute; any area(s) or item(s) that could not be inspected by the consultant. Accordingly this Report is not a guarantee that defects and/or damage does not exist in any inaccessible or partly inaccessible areas or sections of the property. (NB Such matters may upon request be covered under the terms of a special-Purpose Property Report.)
CONSUMER COMPLAINTS PROCEDURE. In the event of any controversy or claim arising out of, or relating to this Report, either party must give written Notice of the dispute to the other party. If the dispute is not resolved within ten (10) days from the service of the Notice then the dispute shall be referred to a mediator nominated by the Inspector. Should the dispute not be resolved by mediation then either party may refer the dispute to the Institute of Arbitrators and Mediators of Australia for resolution by arbitration.
ASBESTOS DISCLAIMER: "No inspection for asbestos was carried out at the property and no report on the presence or absence of asbestos is provided. If during the course of the Inspection asbestos or materials containing asbestos happened to be noticed then this may be noted in the report. Buildings built prior to 1982 may have wall and/or ceiling sheeting and other products including roof sheeting that contains Asbestos. Even buildings built after this date up until the early 90s may contain some Asbestos. Sheeting should be fully sealed. If concerned or if the building was built prior to 1990 or if asbestos is noted as present within the property then you should seek advice from a qualified asbestos removal expert as to the amount and importance of the asbestos present and the cost of sealing or removal. Drilling, cutting or removing sheeting or products containing Asbestos is a high risk to peoples health. You should seek advice from a qualified asbestos removal expert.
Mould (Mildew and Non-Wood Decay Fungi) Disclaimer: Mildew and non wood decay fungi is commonly known as Mould. However, Mould and their spores may cause health problems or allergic reactions such as asthma and dermatitis in some people. No inspection for Mould was carried out at the property and no report on the presence or absence of Mould is provided. If in the course of the Inspection mould happened to be noticed, it may be noted in the report. If Mould is noted as present within the property or if you notice Mould and you are concerned as to the possible health risk resulting from its presence then you should seek advice from your local Council, State or Commonwealth Government Health Department or a qualified expert such as an Industry Hygienist.
Magnesite Flooring Disclaimer: No Inspection for Magnesite Flooring was carried out at the property and no report on the presence or absence of Magnesite Flooring is provided. You should ask the owner whether Magnesite Flooring in present and/or seek advice from a Structural Engineer.
Estimating Disclaimer: Any estimates provided in this report are merely opinions of possible costs that could be encountered, based on the knowledge and experience of the inspector, and are not estimates in the sense of being a calculation of the likely costs to be incurred. The estimates are NOT a guarantee or quotation for work to be carried out. The actual cost is ultimately dependent upon the materials used, standard of work carried out, and what a contractor is prepared to do the work for. It is recommended in ALL instances that multiple independent quotes are sourced prior to any work being carried out. The inspector accepts no liability for any estimates provided throughout this report.
Cracking of Building Elements: The use of cracking of building elements as an indicator of structural performance can be problematic. Where any cracking is present in a building element, that cracking may be the result of one or more of a range of factors and that the significance of cracking may vary.
Cracking can be generally categorized into:
Appearance Defect: Where in the inspectors opinion the appearance of the building element has blemished at the time of the inspection and the expected consequence of this cracking is unknown until further information is obtained.
Serviceability Defect: Where in the inspectors opinion the function of the building element is impaired at the time of the inspection and the expected consequence of this cracking is unknown until further information is obtained.
Structural Defect: Where in the inspector's opinion the structural performance of the building element is impaired at the time of the inspection and the expected consequence of this cracking is unknown until further information is obtained. The criteria for determining whether cracking is a structural defect are not solely related to crack width. Cracks 0.1mm wide may be a structural defect while cracks 5.00mm wide may not be structural defects. Cracking in a structural element does not necessarily indicate a structural defect.
Regardless of the type of crack(s) a Pre Purchase Inspection within the scope of a visual inspection is unable to determine the expected consequences of the cracks. You therefore MUST obtain information regarding the following;
- The nature of the foundation material on which the building is resting,
- The design of the footings,
- The site landscape,
- The history of the cracks and
- Have any cracking referred to an engineer to determine the consequences of the cracking noted in this report.
All of the above fall outside of the scope of this Pre Purchase Inspection. However, the information obtained from the 5 items above are valuable in determining the expected consequences of the cracking and any remedial work needed.
Cracks that are small in width and length on the day of inspection MAY have the potential to develop over time into Structural Problems for the Home Owner resulting in major expensive rectification work being carried out.
If any cracks have been identified regardless of the location or size, a Structural Engineer is required to determine the significance of the cracking prior to the decision to purchase is made
CONDITIONS :- This standard property report is conditional upon or conditional in relation to:
information provided by the person, the employees or agents of the person requesting the report;
the assessment of any apparent defect including rising damp and leaks, the detection of which may be subject to prevailing weather conditions;
the specific areas of expertise of the consultant specified in the report;
apparent concealment of possible defects; or
any other factor limiting the preparation of the report.
If the property to be inspected is occupied 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. Where the Report says the property is occupied You agree to: a) Obtain a statement from the owner as to any Timber Pest activity or damage; b) timber repairs or other repairs alterations or other problems to the property known to them c) any other work carried out to the property including Timber Pest treatments d) obtain copies of any paperwork issued and the details of all work carried out e)Indemnify the Inspector from any loss incurred by You relating to the items listed in clause a) above where no such statement is obtained.
The Inspection Will not cover or report the items listed in Appendix D to AS4349.1-2010
Footings below ground, Concealed damp-proof course, Electrical installations, operation of smoke detectors, light switches and fittings, TV, sound and communications and security systems, Concealed plumbing, Adequacy of roof drainage as installed, Gas fittings and fixtures, Airconditioning, Automatic garage door mechanisms, Swimming pools and associated filtration and similar equipment, The operation of fireplaces and solid fuel heaters, including chimneys and flues, Alarm systems, Intercom systems, Soft floor coverings, Electrical appliances including dishwashers, incinerators, ovens, ducted vacuum systems, Paint coatings, except external protective coatings, Health hazards (e.g., allergies, soil toxicity, lead content, radon, presence of asbestos, or urea formaldehyde), Timber and metal framing sizes and adequacy, Concealed tie-downs and bracing, Timber pest activity, Other mechanical or electrical equipment (such as gates, inclinators), Soil conditions, Control joints, Sustainable development provisions, Concealed framing-timbers or any areas concealed by wall linings/sidings, Landscaping, Rubbish, Floor cover, Furniture and accessories Stored items, Insulation, Environmental matters (e.g., BASIX, water tanks, BCA Environmental Provisions), Energy efficiency, Lighting efficiency.
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 Us for any failure to find such concealed defects
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 Us against all losses that You incur resulting from Your failure to act on Our advice.
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 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.
DISCLAIMER OF LIABILITY: - No Liability shall be accepted on an account of failure of the Report to notify any problems in the area(s) or section(s) of the subject property physically inaccessible for inspection, or to which access for Inspection is denied by or to the Inspector (including but not limited to or any area(s) or section(s) so specified by the Report).
DISCLAIMER OF LIABILITY TO THIRD PARTIES: - 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.
CONTACT THE INSPECTOR
Please feel free to contact the inspector who carried out this inspection. Often it is very difficult to fully explain situations, problems, access difficulties, building faults or their importance in a manner that is readily understandable by the reader. Should you have any difficulty in understanding anything contained within this report then you should immediately contact the inspector and have the matter explained to you. If you have any questions at all or require any clarification then contact the inspector prior to acting on this report.