Building Inspection Agreement current as of 20th Oct 2024
To AS4349.0 Inspection of Buildings General Requirements
TYPE OF PROPOSED INSPECTION ORDERED BY YOU
Inspection and Report:
The inspection as nominated on the report to Class 1a residential property; including detached house, one of a group of houses being a town house, duplex or the like that is under construction and/or no older than 12 months from the completion of works to identify safety hazards, substandard workmanship and non-compliance building defects present in line with the QBCC standards and Tolerances Guide 2023.
The inspection as nominated on the report to Class 10a non habitable building including private garage, carport or the like that is under construction and/or no older than 12 months from the completion of works to identify building defects present in line with the QBCC Standards and Tolerances Guide 2023.
The inspection of Class 2 single occupancy apartment dwelling residing in a multi-unit residential building that is no older than 12 months of age from the date of completion of works to identify safety hazards, substandard workmanship and non-compliance building defects present in line with the QBCC Standards and Tolerances Guide 2023. Class 2 dwellings does NOT include inspection of common property.
Building classifications can be obtained from section A of the Governing Requirements, Part A6 of the NCC https://ncc.abcb.gov.au/editions/ncc-2022/adopted/volume-two/a-governing-requirements/part-a6-building-classification ; and QBCC Standards and Tolerances Guide 2023 can be obtained from the QBCC https://www.qbcc.qld.gov.au/sites/default/files/documents/guide-standards-tolerances.pdf
The report will be carried out in accordance with AS4349.0-2007
We will carry out the inspection and report ordered by You in accordance with this agreement and you agree to pay for the inspection before delivery of the report.
In ordering the inspection, You agree that the inspection will be carried out in accordance with the following clauses, which define the scope and limitations of the inspection and the report.
SCOPE OF THE INSPECTION & THE REPORT
The inspection will be carried out in accordance with AS4349.0–2007. The purpose of the inspection is to identify safety hazards, substandard workmanship and non-compliance in line with the QBCC Standards and Tolerances Guide 2023 associated with the property at the time of inspection. The inspection and reporting is limited to safe and reasonable accessible areas outlined in item 1 below.
- Subject to safe and reasonable access (See Definitions below) the Inspection will normally inspect and report on the following areas:
- The interior – As viewed from normal viewing position where applicable.
- Exterior – As viewed from ground or balcony levels from a normal viewing position where applicable.
- Roof Exterior – As viewed from the standing position on a 3.45m ladder on level ground where applicable.
- Roof Space – As viewed from the roof access hole minimum 500mm x 400mm standing on a 3.45m ladder where applicable.
- The Site – Within 30m of a detached class 1a and 10a residential dwelling within property boundaries where applicable.
- Sub Floor – Where access permits the navigation in a crouching position to traverse the ground on foot where applicable.
- The inspection shall comprise a visual assessment for the class 1a, class 10a, class 2 structures within 30m of class 1a and 10a structures and within site boundaries.
- The inspector will report individually on Safety Hazards, Non-Compliance, Sub Standard Workmanship excluding contractual items i.e colours, fixtures, room sizes and the like. The report will also provide an assessment of the property and comment on the incidence of Defects discovered when compared to similar size new home construction.
- Where a defect has been identified per the QBCC Standards & Tolerances Guide 2023, the inspector will make reference to the defect and specify its location.
- The report does not include an estimate of the cost for rectification of the Defects. Any estimates provided 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. Where they occur you agree to obtain and rely on independent quotations for the same work. The overall condition of this building has been compared to similar new home construction. Areas for Inspection shall cover all safe and accessible areas excluding walking the roof exterior, crawling through the roof void and where applicable commando crawling sub floor areas.
LIMITATIONS
- The Inspector will conduct a non-invasive visual inspection which will be limited to those accessible areas and sections of the property to which Safe and Reasonable Access (see Definitions below) is both available and permitted on the date and time of the inspection. 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 of, the inspection. Those areas may be the subject of an additional inspection upon request following the provision or reasonable entry and access.
- The Inspection WILL NOT involve any invasive inspection including cutting, breaking apart, dismantling, removing or moving objects including, but not limited to, soil substrates, roofing, wall and ceiling sheeting, ducting, foliage, mouldings, debris, roof insulation, sarking, sisalation, floor or wall coverings, sidings, fixtures, floors, pavers, furnishings, appliances or personal possessions.
- The Inspection and Report compares the inspected building with a building constructed to the generally accepted practice at the time and no longer than 12 months from the date of completion of works.
- The Inspection excludes the inside of walls, between floors, throughout the roof void other than from the viewing position standing on a 3.45m ladder as viewed from the roof access hole (cover), inside the eaves (unless aforementioned items viewed at frame pre-linings stage), behind stored goods in cupboards, roof exterior other than that from standing position on a 3.45m ladder, Sub floor areas where a crouching position is not available to navigate the sub floor area by foot and other areas that are concealed and/or obstructed. The inspector WILL NOT dig, gouge, force or perform any other invasive procedures.
- The Report is not a certificate of compliance that the property complies with the requirements of any Act, regulation, ordinance, local law or by-law, or as a warranty or an insurance policy against problems developing with the building in the future.
- The Inspection WILL NOT look for or report on Timber Pest Activity. You should have an inspection carried out in accordance with AS 4349.3-2010 Timber Pest 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.
- ASBESTOS: No inspection for asbestos will be carried out at the property and no report on the presence or absence of asbestos will be provided. If during the course of the Inspection asbestos or materials containing asbestos happened to be noticed then this may be noted in the general remarks section 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 sealing or of removal.
- MOULD (MILDEW) AND NON-WOOD DECAY FUNGI DISCLAIMER: No inspection or report will be made for Mould (Mildew) and non-wood decay fungi.
- 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 is present and/or seek advice from a Structural Engineer.
- ESTIMATING DISCLAIMER: Any estimates provided 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 this report where they occur you agree to obtain and rely on independent quotations for the same work.
- 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.
- The inspection will not cover or report on swimming pools or spas, including any compliance for pool fences and barriers.
- The Inspection and Report WILL NOT report on any defects which may not be apparent due to prevailing weather conditions at the time of the inspection. Such defects may only become apparent in differing weather conditions.
- You agree that We cannot accept any liability for Our failure to report a defect that was concealed by the builder and/or 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. If You or the contracted builder appointed 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 is prepared and presented, unless stated otherwise, under the assumption that the existing use of the building will continue as a Residential Property.
- Where the property is a strata or similar title, only the interior and immediate exterior of the specified dwelling will be inspected by the inspector. The exterior above ground level is not inspected. The inspection will be as outlined below. Therefore, it is advised that the client obtain an inspection of common areas.
STRATA AND COMPANY TITLE INSPECTION GENERAL
Inspections on strata and company title buildings and similar forms of community title are subject to particular issues that can result in problems between the client and inspector. The most common problem is the failure of the client to appreciate the significance of the difference between individual and common property. Sometimes, inspections are not requested because of an assumption that an examination of the strata records alone will adequately inform the purchaser of potential defects. Body corporate records will only disclose those defects that have been brought formally to the attention of the body corporate. The records will not necessarily reveal all the defects.
STRATA AND COMPANY TITLE INSPECTION SCOPE
With strata and company title properties, the inspection is limited to the interior and the immediate exterior of the particular residence to be inspected, as that is the extent of the individual property, and does not include review of body corporate or similar records.
An inspection of all strata and company title common property, including the interior of every unit, would need to be carried out to determine the extent of any defects in the whole of the common property. Where clear evidence of major defect is apparent during the inspection in accordance of this Standard, the inspector should advise the client to obtain an inspection of common areas.
STRATA AND COMPANY TITLE LIABILITY FOR MAINTENANCE COSTS
A prospective purchaser should be aware that their liability for the cost of repairing building defects is not restricted to the particular unit which they are proposing to purchase, but may include contribution to the whole of the common property. Thus, an inspection of the particular unit and its immediate surrounds may be of limited assistance to the prospective purchaser as an indicator of the total extent of their overall liability to contribute to the cost of repairs.
- The Inspection WILL NOT cover or report the items listed below:
Footings below ground, Concealed damp proof course, Electrical compliance and installations, Operation of smoke detectors, light switches and fittings, TV reception, Sound and communications and security systems, Concealed Plumbing, Adequacy of roof drainage installed, Gas compliance, Airconditioning, Automatic garage mechanisms, Swimming pools and associated filtration and similar equipment, The operation of fire places and solid fuel heaters including chimneys and flues, Alarm systems, Intercom systems, Electrical appliances including dishwashers incinerators ovens ducted vacuum systems, 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, incinerators). Soil conditions, Control joints, Sustainable development provisions, Concealed framing-timbers or any areas concealed by wall linings/sidings, landscaping, Rubbish, Furniture and accessories, Stored items, Energy efficiency, Environmental matters ( e.g. BASIX, water tanks NCC Environmental Provisions), Building Certification, Lighting efficiency.
COMPLAINTS PROCEDURE
- In the event of any dispute or claim arising out of, or relating to the Inspection or the Report, you must notify Us as soon as possible of the dispute or claim by email. You must allow Us (which includes persons nominated by Us) to visit the property (which visit must occur within twenty-eight (28) days of your notification to Us) and give Us full access in order that We may fully investigate the complaint. You will be provided with a written response to your dispute or claim within twenty-eight (28) days of the date of the inspection. If You are not satisfied with our response, You must within twenty one (21) days of Your receipt of Our written response refer the matter to a mediator nominated by Us from the institute of Arbitrators and Mediators of Australia. The cost of the Mediator will be borne equally by both parties or as agreed as part of the mediated settlement.
- In the event You do not comply with the above Complaints Procedure and commence litigation against Us then You agree to fully indemnify Us against any awards, costs, legal fees and expenses incurred by Us in having your litigation set aside or adjourned to permit the foregoing Complaints Procedure to complete.
THIRD PARTIES
- DISCLAIMER OF LIABILITY TO THIRD PARTIES Compensation will only be payable for losses arising in contract or tort sustained by the Client named on the front of this report. Any third party acting or relying on this Report, in whole or in part does so entirely at their own risk.
- Prohibition on the Provision or Sale of the Report
The Report may not be sold or provided to any other Person without Our express written permission. 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. - Release
You release Us from any and all claims, actions, proceedings, judgments, damages, losses, interest, costs and expenses of whatever nature that the Person may have at any time hereafter arising from the unauthorised provision or sale of the Report by You to a Person without Our express written permission. - Indemnity
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.
DEFINITIONS
You should read and understand the following definitions of words used in this Agreement and the Report. This will help You understand what is involved in a property and building inspection, the difficulties faced by the inspector and the contents of the Report which We will provide You 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 structures 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.
Builder means the contracted and/or appointed building & construction company responsible for having built the property structure.
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 for 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 or function.
Inspector means the company, partnership or individual named below that You have requested to carry out a Building Inspection and Report.
Incomplete Works means an item that is to be reported in accordance with the scope of the inspection, which may be a feature that is absent that would otherwise permit the property to be habitable i.e. shower screen.
Limitation means any factor that prevents full achievement of the purpose of the inspection.
Structural defective building work means defective building work (other than residential construction work causing subsidence) that is faulty or unsatisfactory because it does one or more of the following:
a. adversely affects the structural performance of a building;
b. adversely affects the health or safety of persons residing in or occupying a building;
c. adversely affects the functional use of a building;
d. allows water penetration into a building.
Non-structural defective building work means defective building work (other than structural defective building work or residential construction work causing subsidence) that is faulty or unsatisfactory because:
a. It does not meet a reasonable standard of construction or finish expected of a competent holder of a contractor’s license of the relevant class; or
b. It has caused a settling in period defect in a new building.
Non-Compliance means an item that is to be reported in accordance with the scope of the inspection, which may be a feature that is present or a feature that is absent.
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 substandard workmanship and relevant non-compliance to the building structure and to form an opinion regarding the general condition of the structure of the property.
Safe and Reasonable Access does not include the use of destructive or invasive inspection methods or moving furniture or stored goods. The Standard AS4349.0-2007 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 the space available is less than the following:
- Roof Void – The dimensions of the access hole must be at least 500mm x 400mm, and viewable from the standing position on a 3.45m ladder.
- Roof Exterior – Must be accessible from the standing position on a 3.45m ladder placed on level ground with 3 points of contact on the ladder.
- Sub Floor – Must be accessible from a crouching position to navigate the surface terrain on foot.
- 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.
- 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.
Substandard Workmanship means an item that is to be reported in accordance with the scope of the inspection, which may be a feature that is present or a feature that is absent.
Scope of Inspection means the type and extent of inspection undertaken in response to the stated purpose of the inspection.
Site means the allotment of land on which a building stands or is to be erected.
You/Your means the party identified on the face page of this agreement as the Client, and where more than one party all such parties jointly and severally, together with any agent of that party.
You agree that in signing this agreement You have read and understand the contents of this agreement and that the inspection will be carried out in accordance with this document. You agree to pay for the inspection prior to delivery of the report.
If you fail to sign and return a copy of this agreement to Us and do not cancel the requested inspection then You agree that You have read and understand the contents of this agreement and that We will carry out the inspection on the basis of this agreement and that We can rely on this agreement.
SPECIAL REQUIREMENTS OR REQUESTS
Are there any special requirements and/or conditions requested by the client/client’s representative regarding the inspection on the report?
No.
Note: Additional inspection requirements or requests by You may incur additional expense in regard to the inspection.
INSPECTING COMPANY’S DETAILS
My Building Inspection Pty Ltd trading as Handover Hero
QBCC Lic#15111144
ABN:47939874303
Contact Phone: 07 5593 6713
