Terms & Conditions – Pre-Let Commercial Condition Survey
To understand what is included and excluded from your Pre-Let Commercial Condition Survey and Report, it is essential that these Terms & Conditions are read in full.
By booking our services, the Client confirms that they have read, understood and agreed to these Terms & Conditions.
1. Pre-Let Commercial Condition Survey – Report Overview
The principal objective of the Pre-Let Commercial Condition Survey is to provide the Client, generally a prospective tenant or occupier, with an independent professional overview of the visible structural condition and general state of repair of the commercial property prior to entering into a lease, Agreement for Lease or other legally binding occupational agreement.
The survey is intended to identify significant defects or matters which, in the surveyor's professional opinion and based upon a visual inspection, may reasonably be relevant to the Client's decision to lease or occupy the property.
Examples may include visible defects affecting:
Roof structures and coverings;
External and internal walls;
Floors and ceilings;
Structural cracking or evidence of movement;
Windows and external doors;
Water ingress or dampness;
Visible deterioration of building fabric;
Accessible external areas associated with the property; and
Other significant visible defects affecting the general condition of the property.
The survey is a one-time visual, non-invasive inspection and is not intended to constitute an exhaustive investigation of every element of the property.
The Report should be read in conjunction with advice from the Client's solicitor regarding the proposed lease and the respective repairing, maintenance, reinstatement and other obligations being assumed by the Client.
2. Scope – What the Service Includes
2(a). General
i. Property Inspection
The service comprises a visual inspection of the commercial premises at a specific point in time.
The inspection is limited to areas which are exposed, reasonably accessible and safe to inspect on the date of the survey.
ii. Report
A written Report will be prepared following the inspection.
The Report is based upon visual observations of the exposed and accessible elements of the property and provides an opinion on the structural condition and general state of repair insofar as these matters can reasonably be determined from a non-invasive inspection.
iii. One Site Visit
The Pre-Let Commercial Condition Survey includes one visit to the property.
Where a further inspection, re-inspection or inspection following remedial works is required, this will constitute a separate professional service and an additional fee will apply.
iv. Extent of Property Surveyed
The inspection relates only to those parts of the property which the Client has instructed us to inspect and to which access is made available.
Where the property forms part of a larger building or multi-let development, the survey does not automatically include common areas, common roofs, shared plant, landlord-controlled areas or other parts of the building outside the proposed demise.
Any inspection of such areas must be specifically agreed in writing.
3. Important Commercial Lease Exclusions
3(a). Lease Terms and Repairing Obligations
The Pre-Let Commercial Condition Survey is not legal advice.
O'Neill O'Reilly & Associates does not interpret or advise upon:
The proposed lease;
Agreement for Lease;
Full repairing and insuring obligations;
Internal repairing obligations;
Reinstatement provisions;
Yield-up provisions;
Alterations provisions;
Service-charge provisions;
Insurance provisions;
Landlord or tenant covenants;
Rights of access;
Easements;
Title matters; or
Any other contractual or legal obligation.
The Client should instruct their solicitor to advise on the implications of the lease before entering into any legally binding agreement.
The existence of a defect within this Report does not determine whether responsibility for repairing that defect rests with the landlord, tenant, management company or another party.
3(b). Schedule of Condition
Unless expressly stated otherwise in our written quotation, a Pre-Let Commercial Condition Survey is not a formal Schedule of Condition.
A Schedule of Condition is a separate professional service which may involve a substantially more detailed written and photographic record of the condition of the property for attachment to, or reference within, a commercial lease.
Where the Client intends to rely upon the existing condition of the premises to limit their repairing obligations under the proposed lease, the Client should obtain legal advice as to whether a formal Schedule of Condition is required.
If requested, O'Neill O'Reilly & Associates may provide a separate quotation for preparation of a Schedule of Condition.
3(c). Dilapidations
The Pre-Let Commercial Condition Survey is not a Dilapidations Survey, Terminal Schedule of Dilapidations, Interim Schedule of Dilapidations or assessment of future lease-end liability.
We do not provide an opinion under this service regarding the Client's potential financial liability at the expiry or termination of the proposed lease.
Future dilapidations liability will depend upon matters including the wording of the lease, the condition of the premises at commencement, works undertaken during the term and applicable legal principles.
Dilapidations advice constitutes a separate professional service.
3(d). Fit-Out and Proposed Use
The survey does not confirm that the property is suitable for the Client's intended business, occupation, fit-out or operational requirements.
Unless specifically agreed separately, we do not assess whether proposed fit-out works or the Client's intended use will comply with:
Planning requirements;
Building Regulations;
Fire Safety Certificate requirements;
Disability Access Certificate requirements;
Building Control requirements;
Health and safety legislation;
Workplace requirements;
Accessibility requirements;
Conservation requirements; or
Any other statutory obligation.
The Client should obtain appropriate professional advice before undertaking fit-out, alteration or change-of-use works.
4. Limitations of the Survey
4(a). General
The survey is based upon a visual inspection only of exposed and reasonably accessible elements of the property.
No opening-up, destructive investigation or dismantling is undertaken.
We do not remove floor finishes, ceiling finishes, wall finishes, fixed joinery or building fabric.
The Report does not necessarily comment upon minor cosmetic defects or minor workmanship issues which, in the surveyor's opinion, are not materially relevant to the general structural condition of the property.
No tests are carried out on structural materials.
Where structural materials or construction are concealed, it will generally be assumed that they are suitable for their intended purpose unless there is visible evidence giving reason to believe otherwise.
Statutory Compliance
The survey does not constitute confirmation of compliance with:
Building Regulations;
Building Control Regulations;
Planning Permission;
Fire Safety requirements;
Fire Safety Certificates;
Disability Access Certificates;
Workplace legislation;
Health and safety requirements; or
Other statutory requirements.
Boundaries
Property boundaries, ownership boundaries, rights of way and title boundaries are not checked as part of this service.
Planning
Planning searches, planning checks, review of planning files, maps, drawings or correspondence with statutory authorities are not included unless separately agreed in writing.
Property Area
The survey does not include verification of the floor area, Net Internal Area, Gross Internal Area or any area quoted by the landlord, letting agent or marketing material.
Accordingly, advertised measurements such as stated square footage or square metres should not be relied upon as having been independently verified by this survey.
Measurement services can be provided separately where required.
Photographs
Photographs are provided for illustrative purposes only.
They are intended to assist in explaining observations contained within the Report and do not constitute an exhaustive photographic record of every defect or area inspected.
Not every crack, defect, stain, area of deterioration or other item observed will necessarily be photographed.
5. Structural Alterations and Certification
Where structural alterations, extensions, openings, mezzanines, stair alterations or other structural works have previously been undertaken, the Client should request that their solicitor obtain all available professional certification and statutory documentation relating to such works.
The survey does not undertake destructive opening-up to determine how concealed structural works were constructed.
It is therefore not always possible to establish from a visual inspection whether structural alteration works have been carried out or whether such works were adequately designed, supervised or certified.
Where significant uncertainty exists, further investigation may be recommended.
6. Structural Cracking and Movement
Where structural cracking, distortion or indications of movement are identified, it is generally not possible from one site inspection to conclusively establish whether movement is historic, ongoing or progressive.
Depending upon the circumstances, proper investigation may require:
Crack monitoring;
Level monitoring;
Trial holes;
Trial pits;
Foundation inspection;
Drainage investigation;
Geotechnical investigation; or
Monitoring over an extended period.
Such services are outside the scope of the Pre-Let Commercial Condition Survey unless specifically agreed.
No guarantee is provided that visible cracking has ceased moving or that no further cracking or movement will occur.
7. Suggested Remedial Works
From time to time the Report may provide general recommendations or broad suggestions regarding possible remedial works.
Such comments are for general guidance only.
They do not constitute:
A formal specification of works;
Engineered repair design;
Construction drawing;
Structural calculation;
Method statement;
Tender document;
Bill of quantities; or
Detailed contractor scope of works.
Where formal remedial works are proposed, an appropriately qualified professional should prepare the necessary detailed design and/or specification.
Any subsequent design, inspection, supervision or certification service by O'Neill O'Reilly & Associates is a separate professional engagement for which a separate fee will apply.
8. Costs and Budgeting
The Pre-Let Commercial Condition Survey does not include detailed cost estimates for remedial works.
Any indication of likely expenditure, where voluntarily mentioned, should be treated as broad guidance only and not as a Quantity Surveyor's estimate, contractor quotation or construction budget.
The Client should obtain quotations from suitable contractors and/or appoint a Quantity Surveyor where accurate budgeting is required.
9. Dampness and Water Ingress
Our survey will comment upon significant visible evidence of dampness or water ingress which is reasonably apparent at the time of inspection.
Leaks may only become visible during particular conditions, including:
Heavy rainfall;
Wind-driven rainfall;
Particular wind directions;
Operation of plumbing installations;
Occupation of the building;
Use of sanitary facilities;
Seasonal conditions; or
Failure of concealed drainage or services.
Conditions causing intermittent water ingress may not exist at the time of the survey.
The Report therefore records only evidence reasonably apparent on the date of inspection.
This survey is not a specialist damp investigation or comprehensive moisture survey.
Where particular concern exists, a specialist damp/moisture investigation should be commissioned.
10. Property Contents, Furniture and Occupancy
Furniture, office equipment, storage, fixtures, fittings, floor coverings and other contents may restrict access to building elements.
No furniture, filing cabinets, machinery, equipment or other substantial contents will be moved during the inspection.
Where an area cannot be inspected because it is obstructed, no opinion can be provided regarding its concealed condition.
11. Recent Redecoration and Refurbishment
Recent painting, decoration, refurbishment or fit-out works may conceal evidence of:
Historic leakage;
Dampness;
Mould;
Cracking;
Previous repairs;
Surface deterioration; or
Other defects.
The absence of visible evidence at the time of inspection does not establish that no previous defect or damage has occurred.
12. Accessibility, Voids and Concealed Areas
The inspection cannot take account of works or building elements that are covered, inaccessible or obscured from view.
Where structural components are concealed, no definitive opinion can be provided regarding their condition without opening-up works.
Access panels will not be opened where they are locked, sealed, screwed shut, damaged or considered unsafe to operate.
Roof voids will only be inspected where safe and reasonable access is available.
Ladders may be used where the surveyor considers it safe, generally up to a maximum inspection height of approximately 3 metres.
The surveyor will not walk upon roof surfaces.
High-level roofs, chimneys and other external elements will normally be inspected visually from accessible areas or ground level.
Where they cannot reasonably be viewed, they will be excluded.
13. Mechanical, Electrical, Plumbing, Heating, Ventilation, Air Conditioning and ICT Services
Building services installations are visually observed insofar as is reasonably possible and within our professional competence.
No specialist testing is undertaken.
The service does not include testing or commissioning of:
Electrical installations;
Distribution boards;
Emergency lighting;
Fire alarms;
Intruder alarms;
Data systems;
CAT cabling;
Access-control systems;
CCTV;
Plumbing;
Sanitary installations;
Heating systems;
Boilers;
Air-conditioning;
Ventilation systems;
Heat pumps;
Drainage;
Pumps;
Lifts;
Sprinkler systems;
Building-management systems;
Solar installations; or
Other mechanical or electrical plant.
The fact that a system or installation is not commented upon should not be interpreted as confirmation that it is operating correctly, safely or efficiently.
Prior to entering into the lease, the Client should consider obtaining appropriate inspection, testing, servicing and certification from competent registered specialists.
For commercial premises in particular, we recommend that the Client establishes responsibility under the proposed lease for maintaining, replacing and repairing major mechanical and electrical plant.
14. Specialist Plant, Equipment and Landlord Services
Where a property relies upon landlord-controlled or shared services, such as:
Central heating or cooling;
Lifts;
Fire-alarm systems;
Sprinklers;
Shared ventilation;
Building-management systems;
Shared drainage;
Generators;
Pumps; or
Other common plant,
these systems are outside the scope of the survey unless specifically included in our written quotation.
The Client should obtain maintenance records, service records and appropriate information from the landlord or managing agent.
15. Hazardous and Deleterious Materials
This survey does not constitute an asbestos survey or investigation for hazardous or deleterious materials.
No sampling or laboratory testing is undertaken for materials including, but not limited to:
Asbestos-containing materials;
Lead;
High alumina cement;
Pyrite;
Mica;
Pyrrhotite;
Defective concrete products;
Contaminated fill; or
Other hazardous substances.
Commercial and older properties may contain asbestos-containing materials.
The Client should request any available Asbestos Register, Asbestos Management Survey or other relevant records from the landlord or building manager and should obtain specialist advice where appropriate, particularly prior to undertaking refurbishment or fit-out works.
16. Trees, Vegetation and Invasive Species
The survey does not constitute a specialist investigation for invasive plant species, including Japanese Knotweed.
Any observation relating to vegetation or invasive species is for general information only.
Where concern exists, an appropriately qualified specialist should be commissioned.
17. Land Contamination
No investigation is made into contamination of the property, soil, groundwater or neighbouring land.
This includes possible contamination resulting from historic commercial or industrial use, oil storage, chemical leakage, dumped material or other sources.
Environmental investigations are outside the scope of the survey.
18. Radon Gas
The survey does not investigate the presence or concentration of radon gas.
Radon cannot be assessed by visual inspection and requires appropriate monitoring or testing.
Where relevant, the Client should consult available EPA information and consider specialist testing.
19. Heritage and Protected Structures
Older, Georgian, period, protected or architecturally significant buildings may be subject to additional planning and conservation requirements.
The survey does not confirm compliance with Protected Structure requirements, conservation legislation, planning conditions or appropriate use of materials.
Where the property is a Protected Structure, located within an Architectural Conservation Area or is otherwise of architectural significance, appropriate specialist planning/conservation advice should be obtained where alterations or fit-out works are proposed.
20. Fire Safety
The Pre-Let Commercial Condition Survey does not constitute a Fire Safety Assessment or Fire Risk Assessment.
Unless expressly commissioned separately, we do not confirm:
Fire Safety Certificate compliance;
Compartmentation;
Fire stopping;
Fire-door compliance;
Escape-route compliance;
Emergency lighting compliance;
Fire-alarm compliance;
Sprinkler compliance;
Occupancy limitations; or
Compliance of the proposed use with applicable fire-safety requirements.
The Client should obtain specialist advice appropriate to their proposed occupation and intended use.
21. Accessibility and Disability Access
The survey does not constitute an accessibility audit and does not confirm compliance with Disability Access Certificate requirements, Part M of the Building Regulations, the Equal Status Acts or other accessibility legislation.
Where accessibility is relevant to the Client's intended occupation, specialist assessment should be obtained separately.
22. Insurance
The survey does not determine whether the premises or the Client's proposed occupation can be insured.
The Client should establish the respective landlord and tenant insurance responsibilities under the proposed lease and obtain appropriate professional and insurance advice prior to entering into legally binding commitments.
23. Final Pre-Lease / Pre-Occupation Walk-Through
We recommend that the Client carries out a final inspection or walk-through immediately before taking possession or commencement of the lease.
The purpose is to determine whether:
The property's condition has materially changed;
Further damage has occurred;
Items have been removed;
Previously concealed areas have become visible;
Water leakage or other damage has occurred since our survey; or
Agreed landlord works have been undertaken.
Where significant new issues are identified, photographic evidence should be retained.
Where O'Neill O'Reilly & Associates is requested to undertake a re-inspection, a separate fee will apply.
24. Landlord Works
Where the landlord has agreed to carry out works before commencement of the lease, the Pre-Let Commercial Condition Survey does not automatically include inspection or certification of those works.
Any subsequent inspection of landlord works, snagging, certification or confirmation of completion will constitute a separate professional service unless specifically included within the original written quotation.
25. Planning, Building Control and Property Documentation
Unless separately instructed, we do not obtain or review:
Planning files;
Planning searches;
Fire Safety Certificates;
Disability Access Certificates;
Commencement Notices;
BCAR documentation;
Certificates of Compliance;
Certificates of Exemption;
Assigned Certifier documentation;
As-built drawings;
Maintenance records;
O&M manuals;
Asbestos registers;
Service records; or
Other property documentation.
The Client and their solicitor should request appropriate documentation from the landlord prior to entering into the lease.
26. Price and Payment
Valid numbered quotations are provided in writing and are valid for thirty days from the date of issue unless otherwise stated.
VAT will be applied at the applicable rate.
Payment is due prior to the inspection unless alternative arrangements have been agreed by O'Neill O'Reilly & Associates in writing.
27. Report Issue
Reports are normally issued electronically to the email address supplied by the Client.
Reports are provided in colour PDF format.
Photographs included within reports are intended for report and illustrative purposes and may be compressed or reduced in resolution.
Requests for hard-copy reports may be subject to an additional printing and postage charge.
28. Limitation of Liability
The Consultant's total aggregate liability, whether arising in contract, tort including negligence, breach of statutory duty, misrepresentation or otherwise, arising out of or in connection with this engagement, inspection and/or Report, shall not exceed €100,000.
This limitation is considered fair and reasonable having regard to:
The nature and scope of the service;
The fee charged;
The fact that the service comprises a one-time visual and non-invasive inspection;
The absence of destructive investigation;
The absence of testing;
The absence of long-term monitoring; and
The exclusion of design, certification and ongoing supervision unless separately commissioned.
The Consultant shall not be liable for indirect, consequential, special or economic loss, including loss of profit, loss of business, loss of opportunity, loss of rental income, business interruption, loss of value, relocation costs, fit-out costs, inconvenience, delay or third-party claims arising from matters outside the agreed scope of the service.
Nothing within these Terms is intended to exclude any liability which cannot lawfully be excluded.
No warranty or guarantee is provided regarding the future condition, performance, stability, suitability, rental value or commercial viability of the premises.
29. Report Ownership, Reliance and Third Parties
Upon receipt of full payment, the Client receives a non-transferable licence to use the Report solely in connection with the Client's consideration of the proposed lease or occupation of the subject property.
Copyright and intellectual-property rights in the Report and associated photographs remain with O'Neill O'Reilly & Associates.
The Report is prepared exclusively for the Client.
It may be provided to the Client's solicitor and other professional advisers for the purposes of the proposed lease, but no duty of care or responsibility is accepted to such parties or any other third party unless expressly agreed by us in writing.
The Report must not be relied upon by:
The landlord;
Letting agent;
Subsequent tenant;
Purchaser;
Lender;
Insurer;
Contractor;
Investor; or
Any other third party
without our prior written agreement.
The Report is prepared solely for the purpose for which we were instructed and must not be used for another purpose, including litigation, insurance claims, valuation, sale, marketing or dilapidations proceedings, without our prior written consent.
30. Professional Standard
O'Neill O'Reilly & Associates will exercise the reasonable skill and care expected of an appropriately competent professional carrying out a visual Pre-Let Commercial Condition Survey in Ireland at the date of inspection.
No warranty, guarantee or fitness-for-purpose obligation is given or implied.
31. Complaints
We aim to provide a professional service to all Clients.
Where a Client has a complaint regarding our services, the matter should be raised with us as soon as reasonably practicable.
Complaints may be submitted by email to:
We will endeavour to investigate and respond to complaints as effectively and promptly as reasonably possible.
32. Cancellation and Termination
The Client may cancel or terminate the appointment subject to providing a minimum of two working days' notice.
Where an inspection is cancelled or postponed within two working days of the agreed inspection date, a charge of up to 50% of the quoted professional fee may apply.
Where work has already been undertaken prior to cancellation, O'Neill O'Reilly & Associates reserves the right to charge for professional services already completed.
Important Client Advice
Before signing a commercial lease, Agreement for Lease or taking possession of the property, the Client is strongly advised to:
Provide this Report to their solicitor;
Have the repairing and reinstatement obligations within the lease reviewed carefully;
Determine whether a formal Schedule of Condition should be attached to the lease;
Obtain appropriate mechanical and electrical testing;
Obtain and review the property's fire-safety documentation;
Request any applicable Asbestos Register or asbestos documentation;
Obtain appropriate planning and Building Control documentation;
Confirm responsibility for common areas and landlord-controlled plant;
Review service-charge and maintenance responsibilities;
Confirm responsibility for existing defects identified within this Report;
Obtain contractor or Quantity Surveyor costings where required; and
Ensure that any agreed landlord remedial works are clearly documented before entering into the lease.
The Pre-Let Commercial Condition Survey should therefore be considered one element of the Client's overall technical, legal and commercial due diligence before entering into a lease.