Terms of Report
1. Purpose and Scope
1.1 The purpose of this inspection is to examine, insofar as is reasonably practicable, the specific areas noted in the quotation.
1.2 This is not a general property survey or comprehensive structural assessment. The inspection and resulting report are confined solely to the areas of concern noted in the quotation and observable at the time of inspection.
1.3 The report provides professional opinion based on a purely visual, non-invasive inspection. It does not purport to identify every defect or deficiency within the property, nor does it constitute a specification for remedial works. Any remedial or design works should be undertaken and certified by a suitably qualified and registered Engineer.
1.4 When diagnosing the cause of a specific issue/proposing a broad remedy, it is done on a likelihood basis. For example, the issue is most likely caused by X for the following reasons ……
1.5 Note: if structural cracks/structural issues are noted, in general, it is not possible from one site visit to guarantee that such cracking/structural issues have ceased movement. Note, in general, it is not possible to guarantee that structural cracking/structural issues have stopped moving, or causes no issue unless the crack(s) are monitored over a period of time (approximately 1-2 years) and confirmed to be stopped moving by a registered engineer. This is not possible from one site visit, and is likely not possible during a pre-sale scenario.
1.6 When proposing a remedy, this is a broad outline of suggested works. Any remedial or design works should be undertaken and certified by a suitably qualified and registered Engineer.
1.7 The price of this report relates to one site visit. Furthermore, it does not include the price for subsequent visits, or to attend court to provide expert witness evidence, etc. This is an additional price.
1.8 Professional Certification & Supervision Services (Separate Fee Applies)
Where you, or a lending institution requires additional services, such as engineer to provide ongoing supervision, issue interim certificates, and/or issue a Certificate of Compliance with Building Regulations and Planning Permission, etc., the Client acknowledges that this constitutes a separate professional service from this report and from the initial “Essential Works” letter (if requested).
This additional service involves duties such as, but not limited to: inspecting works at multiple stages, liaising with contractors and the client, reviewing documentation, ensuring compliance with relevant building, planning, environmental and sustainability standards, issuing interim stage certificates, and issuing a final Certificate of Compliance.
Because these duties require additional workload outside of these terms, ongoing involvement, and professional liability exposure, etc., they fall outside the scope of a pre-purchase survey, which is a one-time visual inspection only.
For these reasons, all specification, certification, supervision, or compliance-related work is subject to a separate written fee proposal and agreement, tailored to the extent, duration and complexity of the required works. We reserved the right not to provide a quotation for the same services.
Where the survey identifies defects, such as, but not limited to; structural cracking, subsidence indicators, water ingress, roof defects, foundation concerns, or any issue requiring defined remedial action, the report may provide general, broad guidance only on possible repair approaches. These comments are intended solely to inform the Client of the potential nature of the issue and do not constitute a formal specification, engineered design, scope of works, or repair methodology.
If the Client, vendor, contractor, solicitor, lending institution, or any third party requests a formal written specification, including (but not limited to): detailed engineered repair design, structural calculations, sketches, or drawings, a defined scope or schedule of works for contractors, method statements, technical instructions on how works must be carried out, or post-works inspection reports or certification relating to the remedial works, the Client acknowledges that this is a separate professional service, entirely outside the scope of the report and outside the scope of any “Essential Works” confirmation letter.
Preparing such documentation requires additional investigation, design responsibility, specialist analysis, and the assumption of professional liability. For these reasons, all formal specifications, engineered designs, inspection of remedial works, or related certification are subject to a separate written fee proposal and agreement, which we may accept or decline to provide, at our discretion.
2. Nature and Limitations of Inspection
2.1 The inspection was conducted from ground and floor level only, without disturbance of finishes, fixtures, or structure.
2.2 No opening up, dismantling, exposure of concealed elements, or testing of materials, foundations, or services was undertaken.
2.3 The Consultant cannot confirm that concealed, covered, or inaccessible areas are free from defect or deterioration.
2.4 Areas obstructed by stored goods, finishes, vegetation, furniture, or personal effects were not inspected.
2.5 The Consultant will not move or disturb furniture, stored items, floor coverings, insulation, or cladding.
2.6 No inspection was made of areas deemed unsafe to access at the time.
2.7 Insurance-Related Perils i) This survey does not include assessment of the property’s insurability in respect of flood risk, coastal erosion, storm damage, subsidence, settlement, heave, landslip, or other insurance-rated perils. ii) Insurance availability and terms can vary significantly depending on the location, property history, construction type, and market conditions. iii) It is the sole responsibility of the Client to confirm with their chosen insurance provider that adequate cover is available for the property, including cover for the perils listed above/additional perils not listed above, prior to entering into any legally binding contracts. iv) No liability is accepted for issues arising from an inability to obtain insurance, increased premiums, or insurance exclusions relating to the property.
2.8 Formal Measurements, Testing, and Technical Validation
The Client acknowledges that this inspection does not include any form of formal measurement (although we may comment from time to time on some of these aspects), testing, quantitative assessment, or technical verification unless expressly stated in writing prior to the inspection. This includes, without limitation:
dimensional measurements (e.g., floor levels, crack widths, distortions, lean/deflection);
laser level or datum surveys;
moisture meter readings;
thermal imaging;
structural monitoring or crack-width monitoring;
load assessment, calculations, or confirmatory structural analysis;
material sampling or laboratory testing;
compliance checks against specific technical standards or tolerances;
verification of works against manufacturer specifications or design requirements.
All observations, conclusions, and opinions in the report are based solely on a visual, non-invasive, qualitative assessment carried out on the day of inspection.
The Client accepts that any requirement for formal measurements, testing, analysis, specification, monitoring, or engineered validation constitutes a separate professional service, outside the scope of this inspection and subject to a separate fee proposal. No liability is accepted for any allegation that such measurements or technical validation should have formed part of this report unless explicitly agreed in writing beforehand. We reserve the right not to proceed to quote for such additional services.
3. Specific Exclusions
Without limitation, the following are excluded from the scope of this report:
Foundations, walls, floors, roof structures, and other concealed structural elements not visible at time of inspection.
Drainage, plumbing, electrical, HVAC or mechanical systems.
Environmental testing (including asbestos, radon, contamination, gases, noise, odours, quarrying or blasting).
Flood risk assessment, pyrite or MICA testing, or deleterious material analysis.
Planning, Building Regulation, or fire safety compliance verification.
Boundary or title checks.
Routine maintenance and minor cosmetic defects not materially affecting value or safety.
4. Multi-Unit Properties
Where the property forms part of a larger development (e.g. apartment block, duplex, estate) - no inspection of external of the unit (external only viewed if specified in quote/invoice), shared/common areas is carried out. No assumptions can be made regarding uninspected common elements.
5. Latent or Concealed Defects
5.1 As the inspection was non-invasive, latent defects (e.g. woodworm, dry rot, defective concrete, hidden decay, or structural movement) may exist but could not be detected.
5.2 The Consultant accepts no liability for such defects not apparent at the time of inspection.
6. Subsidence and Ground Movement
A single visual inspection cannot conclusively diagnose subsidence, heave, settlement, or future movement. Any suspected movement may require ongoing monitoring or geotechnical investigation, which is outside the scope of this report.
7. Asbestos and Hazardous Materials
7.1 No testing or confirmation of asbestos presence has been undertaken.
7.2 In properties constructed or refurbished prior to approximately 1990, asbestos-containing materials may exist in concealed locations.
7.3 If works are proposed that could disturb the building fabric, a specialist asbestos consultant should be engaged to advise in accordance with the relevant legislation.
8. Radon Gas
No assessment of radon levels was undertaken. Clients are advised to obtain radon testing and guidance from the Environmental Protection Agency (EPA) and, where appropriate, a registered radon testing professional.
9. Flooding
No flood risk assessment has been conducted. It is the Client’s responsibility to confirm the availability of insurance for the property, including cover for flood damage.
10. Fire, Building Regulation, and Planning Compliance
This report does not constitute evidence of compliance with planning permission, Building Regulations, fire safety codes, or accessibility regulations (although we may comment on the same from time to time). Clients should obtain separate professional or legal confirmation in these areas.
11. Reliance and Use
11.1 This report is prepared solely for the use and benefit of the instructing Client and for the stated purpose only.
11.2 No responsibility is accepted to any third party who may rely on or be provided with a copy of this report without the Consultant’s prior written consent.
11.3 Should the Client choose not to act upon recommendations made herein, they do so entirely at their own risk.
12. Fees, Payment, and Cancellation
12.1 Fees are as agreed in writing or quotation form prior to inspection.
12.2 Full payment is required prior to the site visit. No visit can be carried out, nor a report can be sent until payment is received in full.
12.3 Cancellations made less than two (2) working days before the scheduled inspection will incur a cancellation charge equal to 50% of the agreed fee.
12.4 Quotes are valid for 30 days from date of issue.
12.5 Termination: i) The Client may terminate an Agreement but must give a minimum of two working days’ notice. ii) If a cancellation or a postponement takes place within two working days of the inspection, then 50% of the quotation total fee will be charged.
13. Report Delivery
Reports are issued in PDF format via email within approximately three (3) working days of inspection, subject to workload and site access. Hard copies are available on request and may incur an administrative/postage charge.
14. Limitation of Liability
14.1 The Consultant’s total aggregate liability, whether in contract, tort (including negligence), or otherwise, arising out of or in connection with this engagement, shall not exceed the fee paid for the inspection.
14.2 The Consultant shall not be liable for indirect, consequential, or economic loss, including loss of value, profit, or opportunity.
14.3 No warranty, guarantee, or assurance is given as to the future condition, stability, or value of the property.
15. Ownership and Copyright
Ownership of this report transfers to the Client only upon receipt of full payment. Copyright remains vested in Killahurk Capital Limited t/a O’Neill O’Reilly & Associates. The report may not be reproduced or distributed without prior written consent.
16. Complaints
Any complaint regarding this service must be submitted in writing to the Company within 10 working days of receipt of the report. The Consultant will review the matter and respond within a reasonable timeframe.
6. Report Issue
i) Reports are issued by email to the email address advised by the client at the time of booking.
ii) Photos included in the report are low to medium resolution.
iii) Reports are provided in colour PDF format only.
iv) Requests to provide a hard copy may incur an additional postage fee, and the report will be issued in black and white.
vii) Refunds will be made to the same payor and method as the original payment for the service only.
viii) Refunds may take up to 2 working weeks to process.
17. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Ireland, and the parties submit to the exclusive jurisdiction of the Irish Courts.
Acknowledgement
By instructing O’Neill O’Reilly & Associates to undertake the inspection and/or accepting delivery of this report, the Client is deemed to have read, understood, and accepted these Terms of Engagement in full.