DOCUMENT A – PRE INSPECTION TERMS & CONDITIONS FROM JANUARY 2015
Pears Property Inspections is a professional building inspection consultancy that maintains high levels of consumer advocacy. The following information represents the basic contractual relationship that we offer.
1. The Inspector
Your principal inspector will be Raymond Pears, Consulting Building Surveyor. Raymond is a Building Surveyor. Raymond is the sole Western Australian representative on the Standards Australia committee (BD-085) that created and manages the building inspection standards.
2. Scope of Service
The attached Client Agreement – Document B contains the services that you have selected.
3. These Terms of Trade and Conditions apply
A. Any legal costs, stamp duties or any other expenses whatsoever incurred by the Company in respect of debt collection costs, dishonoured cheque(s) fees, legal costs, whether charged on scale or on any other basis incurred, shall be paid by the Applicant on demand. You must give written notice to Pears Property Inspections a minimum of 24 business hours (Mon – Fri) to re-schedule cancelled appointments. Failure to give at least 24 hours written notice of cancellation will incur a 10% penalty. Pears Property Inspections does not accept credit or debit cards, but will accept Cheque/ Money Order/Cash/Internet or Bank Transfer.
B. The Pre-purchase Property Report is not to be confused with a market appraisal/valuation, or a Building Code (compliance) Inspection unless specifically requested by you. It is a tool to be used as an aid in the purchase of the property. It is assumed that all structures on the property have accompanying building approvals from the local government authority, and that all works are compliant with those approved plans. Our client should verify that this is in fact the case prior to exchanging of contracts.
C. The Pre-purchase property inspection and AS 4349.1-2007 do not cover gas plumbing or covered (hidden) plumbing. The pre purchase property inspection does not assess electrical equipment, automatic doors and the like, swimming pools spas or other recreational facility, minor outbuildings, any property outside a specific strata lot (strata titled properties), the design of any aspect of the property, any sub-soil or sub-slab component whatsoever, any component or system that is in any way covered by inaccessible flooring or roofing, wall cladding or lining, vegetation or personal possession or furniture including soft furnishings, and that generally Pears Property Inspections will not inspect woodwork or concrete on any part of the structure, which is covered, unexposed or inaccessible, and we will therefore be unable to report that any such part of the structure is free from defect. Windows and doors are assessed for condition, not operation – this has become necessary because so many of them are locked and without keys. Defective door/window operation is invariably minor maintenance. Chimneys and flues are not checked for performance.
D. The inspector is bound by Occupational Health & Safety Rules and the access Guidelines of AS 4349.1-2007 that the roof covering etc. will be observed from a standard 3.6m ladder where possible, and from within the roof space (where applicable and where possible). Inspection on top of the roof will only be undertaken where the inspector considers it to be safe to do so. The subfloor of timber floored or suspended slab properties will be inspected where there is adequate and safe crawl space; that our requirements are a minimum of 600mm from the bottom of the lowest floor bearer and a soil surface that is not blocked by vegetation, stored items, rubbish, glass or dangerous residual termiticides. The inspector will not use fully enclosed overalls and breathing apparatus to conduct any part of an inspection. The roof space will be inspected where the crawl space is a minimum of 900mm cubic space around the inspector AND where the joists can be safely seen and moved across. In-roof objects such as air conditioning ducting will not be moved or in any way interfered with. Under no circumstances will the inspector attempt to enter a non-trafficable steel framed trussed roof.
E. The inspector cannot use any invasive method of inspection on a property that belongs to a third party to which he/she is not contracted in any way. This means that under no circumstances will floor coverings, cladding or linings be removed or moved, or roof tiling, sheeting or other covering be removed or lifted, that the ground will not in any way be dug, broken, shifted or interfered with e.g. around stumps. Should you wish invasive inspections to take place, consult with us now or immediately you have received either your verbal or your written report, regarding additional invasive inspection, and seek written consent from the Vendor to indemnify Pears Property Inspections. Fees apply.
F. The inspector is unable to provide cost estimates for the repair of any defect reported. You must seek actual quotations to enable any negotiation with the Vendor to proceed.
G. With strata title properties the inspection & report pertain to the strata lot only, and not adjoining or common property.
H. Pears Property Inspections undertakes the job of making access appointments. You are responsible for asking the Vendor/ Realtor to make manholes accessible and open. This includes pre cutting of sealed manholes. Pears Property Inspections inspectors are not furniture removalists, carpet layers or carpenters. A minimum fee of $90.00 applies to any request by you for us to make a return inspection due to inadequate access at the original inspection.
I. Be advised that if you attend the Vendor’s property, you do so at your own risk, and you must make arrangements with us first.
J. Pears Property Inspections seeks to ensure that you understand that the pre-purchase property inspection that you have requested is to AS 4349.1-2007 – and this is an Australiawide inspection standard designed to provide a degree of protection to the homebuyer against unknown major costs involved with the property being purchased. It is not a comprehensive BUILDING SURVEY, MAINTENANCE REPORT, OR SCOPE OF WORKS that is designed to report on minor issues.
AS 4349.1-2007 defines major as….”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.” It goes on to say.. ”Minor defects are common to most properties and may include minor blemishes, corrosion, cracking, weathering, general deterioration, unevenness, and physical damage to materials and finishes. It is common for most of these defects to be rectified over the first few years of ownership as redecoration and renovations are undertaken.” A pre purchase property inspection is a visual survey of the condition of the property and its many components and systems, at the time of the inspection, and nothing more. The report itself is not a warranty or a guarantee.
K. You are urged to secure a Disclosure Statement from the Vendor regarding such matters as any alterations or additions undertaken, or any Council or other Government orders issued against the property. We urge you to seek clarification of all and any Building Approvals issued for the property to check that all structures are legal.
L. We advise you that the Regulations, which amend the Electricity Regulations 1947, require that from 9 August 2009 the owner of a residential premise must ensure that at least two RCDs are installed in accordance with the 2007 Wiring Rules:
• before the title to the premises is transferred; or
• before the owner enters into a residential tenancy agreement (with someone other than a person who was a tenant) in respect of the premises.
The seller or their representative should be asked by you to provide a written statement from:
• an electrical contractor (in a form approved by the Director of Energy Safety) certifying that two RCDs are correctly installed in accordance with the 2007 Wiring Rules; or
• the relevant local government stating that the building construction licence for the premise was granted after 1 January 2000.
M. You are advised to forward a copy of the summary pages of the timber pest and/or the building report to the Listing Realtor to assist in your responsibilities to prove completion of the inspection as it pertains to your Offer & Acceptance, and/or to facilitate any negotiation process that you may instigate. Under no circumstances may the full report(s) be copied or supplied to any third party without the express consent of the building surveyor. Pears Property Inspections will not be responsible for providing report information to any third party.
N. Pears Property Inspections is rarely informed by the Vendor or Realtor as to what known defects exist on the property or what repairs have been made. We advise you to seek a Disclosure Statement from the Vendor detailing known defects and repairs made. Do this prior to exchange of Contracts.
O. Fees must be paid in full prior to the release of the report. No fees paid….No report! (no offence meant). Special arrangements can be made upon application.
Raymond G Pears
PO Box 751 Victoria Park W.A. 6979
Phone: 0402 476 151