Owner Builder Terms and Conditions
The inspection will be carried out in accordance with the requirements of Section 137B of the Building Act 1993. SPI Property Inspections will carry out the inspection and report as requested by the client in accordance with these Terms and Conditions.
Terms and Conditions
1. This report has been prepared in accordance with the requirements of Section 137B of the Building Act 1993 and the associated Building Acts and Regulations.
1.1 “Building” is defined in the Building Act 1993 as any structure, temporary building, temporary structure, or any part of a building or structure.
1.2 “Construct” in relation to a building, is defined in section 137B of the Building Act 1993 as to build, rebuild, erect or re-erect the building, make alterations to the building, enlarge or extend the building, manage or arrange any other person to do anything referred to above.
2. The purpose of the inspection
2.1 Areas for inspection shall cover all safe and accessible areas defined as those which can be accessed by a 3.6m ladder on the ground or those which have at least 650mm unimpeded vertical and horizontal clearance without the removal of furniture, fittings, cladding or lining materials, plants or soil. Such access does not include the use of destructive or invasive inspection methods nor does it include removing screws and bolts to access covers or cutting or making access traps or moving furniture, floor coverings or stored goods.
2.2 In the case where a property is occupied, the client must be aware that personal items and furnishings may restrict access to rooms and limit vision in places. These household items may conceal signs of problems which may only be discovered once items have been shifted or removed.
3. The Report covers only the building works carried out by the nominated Owner-Builder, as advised by the client. It is not a pre-purchase property inspection, within the meaning of AS4349.1, and therefore does not cover works carried out by anyone other than the Owner-Builder. Purchasers cannot rely on this report to ascertain the full condition of the building.
4. Materials noted as “recycled” or “second-hand” in this Report, are not covered by any warranties extended by this practitioner and/or the relevant Insurer. As such, any reference to these items has been based on a casual inspection only.
4.1 The timber used has been painted and as a result, the species, grading or durability of the timber used could not be determined.
5. The scope of the inspection
5.1 The inspection comprised a visual assessment of the property to identify major defects and to form an opinion regarding the general condition of the property at the time of the inspection.
5.2 An estimate of the cost of rectification of defects is outside the scope of the Standard and does not form part of this report.
5.3 The report does not cover any part of the building located beneath the ground surface (such as sewer, stormwater drains, plumbing, electrical, phone/data or gas etc.) except in the case of a Base Stage inspection, if these areas are visible.
5.4 This report does not deal with non-standard inspections such as electrical installation or other specialist inspections (such as plumbing, hydraulics, mechanical services or geotechnical). SPI Property Inspections will recommend that an appropriately qualified or licensed contractor undertake such further inspections where applicable.
5.5 The inspection will not look for timber pest activity. However, if timber pest damage is found then it will be reported. The Inspector will only report on the damage which is visible. It is recommended to have an inspection carried out in accordance with AS4349.3-1998 Timber Pest Inspections by a fully qualified, licensed and insured Timber Pest Inspector.
5.6 The report does not cover the identification of asbestos related products.
5.7 The report does not determine whether the building complies with the provisions of any building Act, regulation, ordinance, local law, bylaw, or as an insurance policy or a warranty against problems developing with the building in the future.
5.8 The report does not contain the assessment of any apparent defect including rising damp and leaks as the detection of which may be subject to prevailing weather conditions or recent occupancy or use of services.
5.9 The report may not cover issues of maintenance or specific minor defects (such as jamming doors, windows or catches decorative finishes or hairline or slight cracks). The report may include a general assessment of the general incidence of minor defects in the building compared with otherwise similar properties.
5.10 The report shall identify any observed item that may constitute a present or imminent serious safety hazard.
5.11 The roof has not been water-tested for leaks, or the guttering checked for levels.
5.12 The roof areas are deemed to be inaccessible.
5.13 The report and inspection does not assess the condition of conspicuous, non-structural items such as carpets, vinyl floor coverings etc. or the operation of any appliances, spa pumps or pool equipment or matters of privacy or vehicle access. Such matters are for the client’s own consideration.
6. The report is prepared for the sole and exclusive use of the client whose name appears on page 1 of the Report and cannot be used or acted upon by any other party or without express written permission of SPI Property Inspections. The report does not constitute a certificate of compliance of the property within the requirements of any Act, regulation, ordinance, local law or by law and does not warranty against problems developing with the building in the future.
7. SPI Property Inspections accepts no liability for advice given in this report beyond a refund of the inspection fee.
8. SPI Property Inspections accepts no responsibility for any building work undertaken without the requisite building permit from the relevant authority and the report does not identify such unauthorised building work or work that is not compliant with building regulations in force at the time.
9. If plans, town planning or building permits are not sighted at the time of this inspection, it is the purchaser’s responsibility to verify the legality of these works.
10. This Building Practitioner and/or the relevant Insurer are not liable in respect to any defects referred to in this Report.
11. This Report is valid for a period of six (6) months from the date of the Report. As per section 137B(2)(a)(ii) of the Building Act 1993, this Report must be obtained not more than 6 months before the person enters into the contract to sell the building.
12. The report does not cover the identification of non-compliant and non-conforming building products and materials as outlined within the requirements of the National Construction Code (NCC).
13. This Report must be provided to the Purchaser and/or the Insurer as required, prior to entering into a contract of sale.