Introduction
This agreement relates to a visual inspection only and is conducted in accordance with Australian Standard AS 4349.1-2007 (AS 4349.1). This report is the exclusive property of Home Building Inspections South West and the Client(s) listed in the report title. Use of this report by any unauthorised persons is prohibited. Any person who relies upon the contents of this report does so acknowledging that the following terms and conditions, including the definitions clause and the scope and limitations of the inspection, which form an integral part of the report.
1. PURPOSE OF INSPECTION
1.1 The purpose of this inspections is to provide advice to a prospective purchaser or other interested party regarding the condition of the property at the time of the inspection. The advice is limited to the reporting of the condition of the building elements and services as set out in 4349.1. Refer to Appendix A of AS 4349.1 and clause 2.6 below in relation to a Pre-Purchase Basic Structural Report (ie, Option 2 in the Pre-Inspection Agreement) and refer Appendix C of AS 4349.1 and clause 3.10 below in relation to a Pre-Purchase Comprehensive Property Report (ie, Option 1 in the Pre-Inspection Agreement). The items listed in Appendix D of AS 4349.1 are not inspected and will be excluded, unless otherwise specified.
2. SCOPE
2.1 This report is NOT intended to stringently scrutinise every aspect of the building but is a reasonable attempt to identify any Major Defects (namely obvious or significant defects of sufficient magnitude where rectification has to be carried out in order to avoid unsafe conditions, loss of utility or further deterioration of the building) and Major Safety Defects that are obvious and apparent at the time of the inspection and form an opinion regarding these.
2.2 The inspection is a non-invasive visual inspection only, limited to those areas of the building and structures within the site boundaries which are Accessible Areas and areas that are fully accessible and visible to the inspector at the time of the inspection. The inspection does not include dismantling, cutting, removing, breaking or taking apart or moving objects. 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 or the inspection. Those areas may be the subject of an additional inspection upon request following the provision or reasonable entry and access. For further information on the limitations of the inspection caused by access and visual inspection see clauses 3.5 –3.14, below.
2.3 This inspection report is not a certificate of compliance of the property within the requirements of any Act, regulation, ordinance, local law or by-law and is not a warranty or insurance policy against problems developing in the future. It does not identify unauthorised or non-compliant building work. It does not identify title boundaries, building set-out, boundary setbacks, building heights and datum’s, encroachments, location of any easements, covenants, heritage listing or any other similar restrictions imposed by statutory authorities.
2.4 The inspector will not look for or report on Timber Pest Activity. You should have an inspection carried out in accordance with AS 4349.3 -1998 Timber Pes Inspections, by a fully qualified licensed and insured Timber Pest Inspector. If timber pest damage is found, then it will be reported. The inspector will only report on the damage which is visible.
2.5 The inspection will be carried out in line with Australian Standard AS 4349.1 and only Accessible Areas will be inspected.
2.6 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 prevailing weather conditions. This report does not cover or comment on all building services, furnishings and the like, that may be present in the building. A list of exclusions to the inspection is provided in Appendix D of AS 4349.1 and also includes swimming pools and spas, plumbing, septic systems, the presence or absence of timber pests and heritage concerns.
2.7 The Pre-Purchase Basic Structural Report includes an assessment of the structure of the property only. The inspection is carried out in accordance with Appendix A of the AS 4349.1-2007. It does not report on any non-structural elements of construction, minor defects or serious safety hazards. Items not commented on for example roof coverings, gas, water & sanitary plumbing, cabinetry, windows, doors, trims, fencing, minor structures, non-structural damp issues, ceiling linings, plastering, painting, tiling etc.
3. LIMITATIONS
3.1 In accordance with AS 4349.1 this is a “visual only” inspection to assess the general condition of the building and report on any Major Defects to the structural integrity of the building elements that may be 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. The building should be compared to a building of similar age constructed in accordance with the acceptable standards at the time of construction. The items and areas inspected are subject to Safe and Reasonable Access.
3.2 This inspection report does NOT INCLUDE assessment of items outside the scope of the requested inspection report, unless specified in writing prior to the inspection.
3.3 This report does not cover assessment of the ground on which the structure was placed, whether it is a filled site, subject to subsidence, land slip or flooding, but is not limited to these.
3.4 This is NOT a report by a structural engineer nor is it a guarantee or warranty of any description that structural damage does not exist or may not occur in the future. Should advice of a structural nature be required a structural engineer should be engaged.
3.5 In accordance with AS 4349.1, the inspection is limited to Accessible Areas and will not extend to areas where access is restricted, including physical obstructions, no or small access holes, crawl space too small, height and safety issues, access is denied or deliberately concealed, but is not limited to these. The report will identify any area or item within scope of the inspection that was not inspected and the factor that prevented inspection.
3.6 Due to the safety aspect and possibility of damage the inspector will not walk on tile or slate roofs unless, agreed to in writing (in the special conditions prior to the inspection) by the client or property owner releasing Home Building Inspections South West and the inspector from any claim in case of any unforeseen damage occurring.
3.7All sections of the property should be fully accessible and visible to the Inspector at the time of the inspection. It is the client’s responsibility to arrange access to the property and all parts of the property to be inspected.
3.8 This inspection is non-invasive and DOES NOT include breaking apart, dismantling, removing or moving objects including, but not limited to, foliage, roofing, roof insulation, ceiling sheeting, ducting, sarking, sisalation, floor or wall coverings, ceilings, floors, furnishings, fixtures, floors, pavers, appliances or personal possessions. The inspector cannot see inside walls, between floors, inside skillion roofing, behind stored goods or other areas that are concealed or obstructed. The inspector will not dig, gouge, force or perform any invasive procedure. Visible timbers cannot be destructively probed or hit without written permission of the property owner.
3.9 In accordance with Appendix B of AS 4349.1, only the interior and immediate exteriors of strata title or similar multi-unit properties are inspected. This excludes common areas of the building and review of the property owner’s records. It is advised that the client obtain a special purpose report adequately specifying for the inspection of common areas of the building. It is also advised for the client to obtain a review of the property owner’s Company Records or similar records prior to deciding on the purchase of the property and seek advice from qualified advisers with regards to any aspects not covered by the Building Inspection Report.
3.10 Appendix D of AS 4349.1 sets out the items excluded from the inspection. Appendix D lists items that are not required to be inspected or reported on. Excluded items include: gas fittings and fixtures, alarm systems, intercom systems, ducted vacuum systems, dishwashers, spa baths, swimming pools, spas and associated filtration and pumps equipment, timber pest activity, reticulation, irrigation systems & bores and associated pumps and equipment these will not be inspected or reported on unless the inspector sees fit to included them for any reason. A full list of Appendix D exclusions can be obtained by contacting our office. Our Pre-Purchase Comprehensive Property Report may comment on the following excluded items: air-conditioning, operation of smoke detectors & RCD safety switches, light switches & fittings, ovens, cook tops, range hoods, exhaust fans, automatic garage door opener, floor coverings, wall paint and roof insulation. Any of these items mentioned in the report have only been tested using normal operator controls and is a limited visual inspection only. It is advised that (where required) a suitably qualified person be engaged for assessment of these items. They include the detection of timber pest activity; detection of allergens such as Mould (Mildew); hydraulic, electrical and mechanical services; geotechnical and structural assessment: swimming pools and fire-safety compliance; and asbestos detection, for example.
3.11 The report cannot include and accepts no responsibility for defects that are not present at the time of the inspection. These defects may only become apparent in, or as a result of (but not limited to) differing and sustained inclement weather. For example (but not limited to): moisture penetrations from ongoing rain and wind that are not present at the time of the inspection.
3.12 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 (e.g. In the case of shower enclosures the absence of any dampness at the time of the inspections does not necessarily mean that the enclosure will not leak).
3.13 Home Building Inspections South West does not hold any responsibility for any repair of defects disclosed by this inspection report including damage which exists in areas that were inaccessible at the time of this inspection.
3.14 Any items outside the scope or limitations of this report will require a special purpose report.
4. DISCLAMER OF LIABILITIES
4.1 Third party disclaimer: This report is made solely for the use and benefit of the client named in the report. No liability or responsibility whatsoever, in contract or tort is accepted to any third party that may rely on the report wholly or in part. Any third party acting or relying on the report in whole or in part does so at his or her own risk. We will not be liable for any loss, damage, cost or expense, whatsoever, suffered or incurred by any third party in connection with the use of the 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. This building inspection report has been commissioned by the client and is not transferable. No liability or responsibility is accepted whatsoever for any reliance placed upon this report wholly or in part by any third party.
4.2 No liability is accepted whatsoever for failure of this building inspection report to detect or report any problems that were not observed or may occur in areas that were inaccessible to the inspector at the time of this inspection. Areas that are not Accessible Areas are excluded from and do not form part of this report. Any such areas may be subject of an additional inspection and monetary cost.
4.3 No responsibility can be accepted for defects which are latent or otherwise not reasonably detected on a visual inspection without interference with or removal of any of the structure including fixtures or fittings within the building.
4.4 The report is only valid for the date of inspection and is based on the condition of the property at time of inspection.
4.5 Home Building Inspections South West owns the copyright and all other intellectual property rights in connection with the preparation of this report. Unless Home Building Inspections South West agrees otherwise the contents of the report may be used by the client only for the limited purpose to which the report was created.
4.6 Asbestos: No inspection for asbestos will be carried out at the property and no report on the presence or absence or asbestos will be provided. If during the course of the inspection asbestos or materials containing asbestos are noticed, then this may be noted in the general remarks of the report. If asbestos is noted as 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 removing it.
4.7 Mould (mildew) and non-wood decay fungi: No inspection or report will be made for mould, mildew or non-wood decay fungi.
4.8 Estimating: Any estimates provided in the 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 inspector accepts no liability for any estimates provided throughout the report where they occur you agree to obtain and rely on independent quotations for the same work.
5. RELEASE
5.1 You release us from any and all claims, actions, judgments, damages, losses, interest, costs and expenses of whatever nature that the person may have at any time hereafter arising from this report, including the unauthorised provision or sale of the report by you to a person without our express written permission.
6. INDEMNITY
6.1 You indemnify us in respect of any and all liability, including all claims, actions, proceedings, judgments, damages, losses, interest, costs and expense of any nature, which may be incurred by, brought, made or recovered against us arising directly or indirectly from the report, including the unauthorised provision or sale of the report by you to a person without out express written permission.
7. CONSUMER COMPLAINTS PROCEDURE
7.1 In the event of any controversy or claim arising out of, or relating to this report, either party must be 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.
8. CLIENT ACKNOWLEDGEMENT
8.1The client acknowledges that this inspection report is not intended to stringently scrutinise the structural elements but to visually assess them and form an opinion.
8.2 This report is not a warranty or an insurance policy against problems that might arise in the future.
8.3The extent of the report is limited to the initial inspection agreement. Additional items outside the scope of the report, such as re-inspections, mediation, court appearance or expert witness testimonials, but not limited to these will be subject to an additional monetary cost.
8.4 A copy of AS 4339.1 and any other relevant Standard can be purchased from Standards Australia.
8.5 Our engagement is confined to that of a Building Consultant and not a Building surveyor or a Structural Engineer.
8.6Home Building Inspections South West is under no obligation to provide the report to the Client until full payment is received or defaults are reclaimed at the client’s cost.
8.7 The client acknowledges that in booking the inspection they agree and understand all of the terms and conditions in this document, and that the inspection will be carried out in accordance with this agreement and cancellations at short notice may incur a minimum charge.
8.8 The client agrees not to provide or sell the report to any other person without our prior written consent, unless the client is required or authorised to do so by legislation or law. If the client is given permission to provide the report to another person, a further fee may be payable by that person and an agreement by them to our terms and conditions. The client agrees that the report remains the property of Home Building Inspections South West and we have the right to sell the report to any other person, at our absolute discretion.
8.9 The client agrees that the report is made solely for the use and benefit of the client and no liability or responsibility whatsoever, in contract, tort, is accepted to any third party who may rely on the report wholly or in part. Any third parties acting or relying on the report, in whole or in part will do so at their own risk.
9. CANCELLATION POLICY & PAYMENT
9.1 The Client agrees to notify Home Building Inspections South West of any cancellation or change to the inspection date in writing at least at least 48 hours prior to the scheduled inspection. If the Client fails to notify Home Building Inspections South West in writing within this time period, the Client agrees to pay Home Building Inspections South West its then applicable fee, plus any expenses and/or other administrative costs which may apply.
9.2 The Client agrees to pay Home Building Inspections South West in full prior to being supplied with the report. Payment of all tax invoices are due upon receipt, unless otherwise specified on the tax invoice.
9.3 If the Client defaults in payment of any tax invoice, the Client agrees to indemnify Home Building Inspections South West from and against any loss and cost arising in connection to the breach, including direct and indirect costs and including any legal costs and costs of collection.
10. DEFINITIONS & INTERPRETATION
10.1 “Including” and similar expressions are not words of limitation.
10.2 Reference to the singular includes the plural and the plural includes the singular.
10.3 This agreement, including each of its terms and conditions, must not be construed against the party that prepared.
10.4 In this agreement:
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.
Company Records means the company details registered with the Australian and Securities Investments Commission.
Defect means fault or deviation from the intended condition of a material, assembly or component.
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.
Major Safety Defect is a building element or situation that represents a current or immediate potential threat of injury or disease to persons. Occupational, health and safety or any other consequence of these hazards are not assessed.
Pre-Inspection Agreement means the agreement entered into on or about the time of the inspection between the client and Home Building Inspections South West.
Safe and Reasonable Access has the meaning given to it in AS 4349.1. The Standard defines safe and reasonable access as areas where safe, unobstructed access is provided, and the minimum clearances specified below are available, or where these clearances are not available, areas within the inspector's unobstructed line of sight and within arm's length. 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.
Reasonable access does not include:
- Removing screws, bolts or any other fastenings or sealants to access covers;
- The use of destructive or invasive inspection methods;
- Cutting or making access traps or moving heavy furniture, floor coverings or stored goods; and
- The inspection of sub floor areas sprayed with Chemicals, unless safe to do so.
Dimensions for reasonable access:
- Rood Interior Access opening = 400mm x 500mm
- Crawl Space = 600mm x 600mm
- Roof Exterior must be accessible from a 3.6m ladder placed on the ground
The inspector shall inspect an elevated area only where it is at a height at which is safe and reasonable access is available or were safe and reasonable access is otherwise available.
Our/we/us means the provider inspection service trading as Home Building Inspections South West.
You/your means the party identified as the client in the Pre-Inspection Agreement and where more than one party is named, all such parties jointly and severally, together with any agent of that party.
All capitalised terms not defined above have the meaning given to them in AS 4349.1.
11. GENERAL
11.1 If any provision of this agreement becomes void or unenforceable, it will be severed from the agreement without affecting the enforceability of the other provision which will continue to have full force and effect.
11.2 You may not alter or modify or alter the terms of this agreement without our prior written agreement and consent.
11.4 This Agreement will be deemed to be a contract made under the laws of Australia and the State of Western Australia. The client irrevocably confers personal jurisdiction over it by the courts of Western Australia, Australia.