Terms of Report
1. Purpose and Scope
1.1 The purpose of this inspection is to examine, insofar as is reasonably practicable, the specific issue(s)/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.
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.
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), inspection of common or shared areas will be limited to those accessible and safe at the time of inspection (areas only noted in the quotation). 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. 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.
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.
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.