PRE INSPECTION AGREEMENT - Pre purchase building inspections.
Thank You for booking your Inspection with us. Please see attached Pre-Inspection Agreement and submit.
Australian Standards 4349.1 (Inspection of Buildings) & 4349.3 (Timber Pest Inspection) requires an inspection agreement between the Client and Inspector be entered into prior to the inspection or inspections taking place. The inspection agreement shall include the purpose and scope in accordance with these Sections.
In ordering the inspection, you agree that the inspection will be carried out in accordance with the clause (s) set below, which defines the scope and limitations of the inspection and the report.
Upon acceptance, House Inspections Victoria will carry out the inspection and report ordered by you in accordance with this agreement and you agree to pay for the inspection on or before release of the inspection report. House Inspections Victoria reserves the right to withhold delivery of the inspection report until payment has been received in full.
By engaging our services, you agree that you will be liable for all costs, charges, commission fees, court or tribunal fees, legal costs and disbursements incurred by us to recover any unpaid accounts including charges for any bank fees for dishonoured cheques. Interest may be charged on your account at the rate specified by the Penalty Interest Rates Act Victoria
BUILDING INSPECTION AS4349.1-2007 INSPECTION OF BUILDINGS.
Pre Purchase Inspections - Residential Buildings.
1). PURPOSE & SCOPE OF THE INSPECTION
1.1) To provide advice to a prospective purchaser regarding the condition of the property at the time of inspection.
1.2) The inspection will be carried out in accordance with Australian Building Standard AS 4349.1-2007. Inspection of Buildings Part 1: Pre-Purchase Inspections-Residential Buildings - Appendix "C".
2). VISUAL INSPECTION
2.1) The Inspection will Comprise a Visual Inspection of the property areas as follows;
a) The Interior
b) The Exterior
c) The Roof Exterior
d) The Roof Void
e) The Sub Floor
f) The Property Site - within 30 m of the Building subject to inspection.
2.2) To identify and Report on;
a) Major Building Defects - (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).
b) A General Impression regarding the Extent of Minor defects - (defects other than major defects).
3) SAFE AND REASONABLE ACCESS
3.1) The Inspection is Subject to Safe and Reasonable Access (see definitions) Access will not be available where there are safety concerns, or obstructions, or space available is less the following:
a) ROOF VOID – the dimensions of the access hole must be at least 500mmX400mm, and reachable by a 3.6m ladder, and, there is at least 600mmX600mm of space to crawl.
b) ROOF EXTERIOR - Must be accessible by a 3.6m ladder placed at ground level.
c) SUB FLOOR - access hole 400mm high x 600mm wide and at least 400mm crawl space.
3.2) Reasonable access does not include the use of destructive or invasive inspection methods or moving furniture or stored goods. Nor does reasonable access include cutting or making access openings.
4). INSPECTION LIMITATIONS
4.1). The Report is not a certificate of compliance with the requirements of any act, regulation, ordinance or by-law and is not a warranty against problems developing in the future.
4.2). The report does not include an estimate of the cost for rectification of the Defects.
4.3). 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, floor or wall coverings, siding, fixtures, floors, pavers, furnishings, appliances or possessions.
4.4) 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 invasive procedures.
4.5) Occupied Properties - If the property to be inspected is occupied then you must be aware that furnishings or household items may be concealing evidence of Defects and/or Timber pest damage, which may only be revealed when the items are moved or removed - An additional Inspection may be required when Items are removed. An additional Inspection will require permission from the owner of the property and further Inspection costs may apply.
4.6) Prevailing weather conditions- Identification of leaking is commonly difficult to detect as such leaking may be subject to prevailing weather conditions.
4.7) Water Services - Limited to Hot and Cold water supply to be turned on, and taps operated. Apparent defects to these services would be noted and reported on, however, general condition of Plumbing and Hot Water Services is outside the scope of the Inspection and not included.
4.8) Showers/Baths - Tests will be made on shower/bath recesses to detect leaks (if water is connected). The tests may not reveal leaks or show incorrect or failed waterproofing. Tests on shower recesses are limited to running water within the recesses and visually inspecting for leaks. As showers are only checked for a short period of time during the inspection, only prolonged use may reveal leaks. No evidence of a current leak during inspection does not necessarily mean that the shower does not leak over prolonged usage.
4.9) Waterproofing Systems. Waterproofing membranes and associated waterproofing systems are concealed building elements and cannot be visually inspected as part of a standard pre-purchase building inspection. Any testing undertaken to showers, baths or wet areas is limited to a visual assessment and short-duration operational testing where water services are connected. The inspection is not a waterproofing inspection and no opinion is provided regarding the adequacy, compliance or performance of any waterproofing system.
4.10) Moisture Meter Readings. Where moisture meters are utilised during the inspection, readings indicate the presence of elevated moisture conditions only and do not determine the source, cause, extent or duration of any moisture-related issue. Further investigation by an appropriately qualified tradesperson may be required where elevated readings are identified.
5). EXCLUSIONS - Exclusions outside the Scope of Inspection will not be reported on as follows;
a) Plumbing, electrical and gas-fittings;
b) 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);
c). 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.
d) Swimming pools/spas are not part of the standard building report under Australian Standard 4349.1-2007, 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.
e) Asbestos: No inspection for asbestos was carried out at the property and no report on the presence or absence of asbestos is provided.
f) 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.
g) Magnesite: 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 is present and/or seek advice from a structural engineer.
h) Estimates: No estimate for building rectification or repairs is provided in this report. A Licensed Tradesperson / Contractor who specialises in the rectification must assess and provide estimates as per recommendations made in the report.
i) Retaining walls exceeding 700mm in height typically require engineering design and supervision. Retaining walls are not assessed as part of a standard pre-purchase building inspection. Where retaining walls are present, further assessment by a suitably qualified engineer is recommended where concerns exist regarding structural performance, drainage, load bearing capacity or construction adequacy.
j) 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.
k) The Building inspection AS 4349.1 (Inspection of Buildings only) WILL NOT look for or report on Timber Pest Activity. If the client specified on the report has ordered a Combined Building and Pest Inspection, Timber Pest Findings will carried out in accordance with AS4349.3 2010 Timber Pest Inspections and attached with the Combined Building and Pest Inspection report.
l) Where the property is a strata or similar title, only the interior and immediate exterior of the specified dwelling will be inspected. Common areas of the property are excluded.
TIMBER PEST INSPECTION AS4349.3 - 2010 INSPECTION OF BUILDINGS.
1. Pre Purchase Timber Pest Inspections will be in accord with the requirements of Australian Standard AS 4349.3 2010 Inspection of buildings Part 3 : Timber Pest Inspections. Pre Purchase Timber Pest Inspections will include Inspections for Termites, Wood Borers and Fungal Decay (Wood Rot).
2. All inspections (whether in accord with AS 4349.3 2010) will be non invasive visual inspection and will be limited to those areas and sections of the property to which Reasonable Access is both available and permitted on the date and time of the inspection.
3. The inspections 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/thermal insulation, sarking, sisalation, floor or wall coverings, siding, fixtures, floors, pavers, furnishings, appliances or personal possessions.
4. Pre Purchase Timber Pest Inspections in accord with AS 4349.3 2010 the Inspection and resulting Report will be confined to reporting on the discovery, or non discovery, of infestation and/or damage caused by timber pests, present on the date and time of the inspection.
5. The Inspection will not cover any other pests and the report will not comment on them. Dry wood termites (Family: KALOTERMITIDALE) and European house borer (Hylotrupes bujulus Linnaeus) are excluded from the Inspection and subsequent Report.
6. The Report will identify any evidence of a termite treatment found by the Inspector.
7. Where evidence of treatment is reported you must agree to obtain a statement including paperwork from the owner about:
a) any termite activity at the Property
b) any termite damage at the Property : and
c) any treatment that have been carried out at the property.
You agree to indemnify the inspector from any loss incurred by you relating to the items listed in a) and b) above where no such statement is obtained.
8. No inspection for mould will be carried out at the property and no report on the presence or absence of mould will be provided. Mildew and non wood decay fungi is commonly known as mould and is not considered a timber pest.
9. Nothing contained in the report will imply that any inaccessible or partly inaccessible area or section of the property are not, or have not been, infested by termites or timber pests. Accordingly the report will not guarantee that an infestation and/or damage does not exist in any inaccessible or partly inaccessible areas or sections of the property. Nor does it guarantee that a future infestation of timber pests will not occur or be found.
10. Nothing contained in the report will imply that any obstructed or restricted, or, partly obstructed or restricted area or section of the property are not, or have not been, infested by termites or timber pests. Accordingly, the report is not a guarantee that termite or timber pests activity and / or damage does not exist in any obstructed or restricted or partly obstructed or restricted area or section of the property. Nor does it guarantee that a future infestation of timber pests will not occur or be found.
11. If Timber Pest activity and/or damage are found within the structures or the property , then because damage may exist in concealed areas such as framing timbers you agree to obtain a statement from the owner about any termite activity , damage , at the property, and any treatments that have been carried out to the property. It is important to obtain copies of any paperwork issued. You also agree the inspector is not responsible or liable for the repair of any damage whether disclosed by the report or not.
THIRD PARTY USE AND RELIANCE
The inspection report is prepared solely for the exclusive use of the named client identified in this agreement and for the purpose stated herein. No responsibility is accepted to any third party who may rely upon the report, either wholly or in part. The report must not be distributed, reproduced, transmitted or relied upon by any other person without the prior written consent of House Inspections Victoria. Any unauthorised use or reliance upon the report by a third party is entirely at that person's own risk.
Definitions for Pest Inspections
You should read and understand the following of words used in this agreement and the report. This will help you understand what is involved in a property and pest inspection, following the inspection.
Active / Activity: Means the presence of live timber pests at the time of inspection.
Moderate damage: Means from what could be seen on the date of the inspection the inspector suspects there to be damage requiring some timber to be replaced. It is not a statement that far greater damage exists that may only be discovered by an invasive inspection.
Severe Damage: Means the visible timbers that are damaged need to be replaced and it is likely that more timbers are damaged. The full extent of damaged timbers can only be discovered by a suitably qualified tradesman, such as a builder, carrying out an invasive inspection.
Property: Means structures and fences (Not Pool Fences) up to 30 metres from the exterior walls of the main building BUT within the boundaries of the land being purchased. If you want the inspection and the report to include structures and fences more than 30 metres from the exterior walls of the main building you must make the request in writing and clearly identify what you want to be included in the inspection and report.
Timber Pests Means Subterranean and Dampwood Termites (white ants) , Borers of Seasoned Timber and Wood Decay fungi ( Rot) .
Safe and Reasonable Access: Does not include the use of destructive or invasive inspection methods or moving furniture or stored goods. The Standard AS 4349.3 2010 provides information concerning safe and reasonable access: Only areas where reasonable and safe access was available were inspected.
Access will not be available where there are safety concerns, or obstructions, or space available is less the following:
ROOF VOID – the dimensions of the access hole must be at least 500mmX400mm, and reachable by a 3.6m ladder, and, there is at least 600mmX600mm of space to crawl.
ROOF EXTERIOR - Must be accessible by a 3.6m ladder placed at ground level. Reasonable access does not include the use of destructive or invasive inspection methods. Nor does reasonable access include cutting or making access traps, or moving heavy furniture or stored goods.
Definitions for Building Inspections
You should read and understand the following of words used in this agreement and the report. This will help you understand what is involved in a property and building inspection, following the inspection.
Acceptance Criteria: The Building shall be compared with a building which was constructed at approximately the same time , using practices which were generally accepted as normal for that time and that the property has received maintenance to ensure that the intended strength and serviceability of the building have not significantly deteriorated over time.
Access Hole (Cover) Means a hole in the structure allowing safe entry to an area.
Accessible area: Is any area of the property and structure allowing the inspector safe and reasonable access within the scope of the inspection.
Building Element: means a part of a building performing a particular function either singularly or in conjunction with other such parts.
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 and on their behalf. (See also “you/your” below).
Defect: Means a variation or fault in material or a component or assembled element that deviates from its intended appearance of function.
Inspector: Means the company, partnership or individual named below that you have requested to carry out a building inspection and report. (See Our/Us/We” below).
Limitation: Means any factor that prevents full achievement of the purpose of the inspection.
Major Defect: Means a defect of such significance that without correction would not avoid Safety Concerns, loss of the intended practical performance of the building element or an additional decline in the existing condition of the property inspected.
Minor Defect: Means a defect which is not a Major Defect
Person: Means any individual, company, partnership or association who is not a client.
Property: Means the structures and boundaries 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.
Safe Access: Is at the inspector’s discretion and will take into account conditions existing on the property at the time of the inspection.
Our/Us/We: Means the company, partnership or individual named below that you have requested to carry out the property inspection and report.You/Your: Means the party identified in this agreement as the client, and where more than one party, all such parties jointly and severally, together with any agent of that party.
Safe and Reasonable Access: Does not include the use of destructive or invasive inspection methods or moving furniture or stored goods.
The Standard AS 4349.1 2007 provides information concerning safe and reasonable access: Only areas where reasonable and safe access was available were inspected. Access will not be available where there are safety concerns, or obstructions, or space available is less the following:
ROOF VOID – the dimensions of the access hole must be at least 500mmX400mm, and reachable by a 3.6m ladder, and, there is at least 600mmX600mm of space to crawl.
ROOF EXTERIOR - Must be accessible by a 3.6m ladder placed at ground level. Reasonable access does not include the use of destructive or invasive inspection methods. Nor does reasonable access include cutting or making access traps, or moving heavy furniture or stored goods.
ELECTRONIC ACCEPTANCE & AUTHORITY TO PROCEED
By submitting this online form, you acknowledge that you have read and understood the contents of this agreement and agree that the inspection will be carried out in accordance with this document. Where this agreement is accepted electronically, such acceptance shall have the same force and effect as a handwritten signature. You agree to pay for the inspection on or before release of the inspection report. If you do not cancel the requested inspection and permit House Inspections Victoria to proceed with the inspection, you agree that you have read and understood this agreement and authorise the inspection to be carried out on the basis of these terms and conditions.