Terms and Conditions for Pre-Purchase Structural Surveys
To understand what is included and not included in your report it is essential and recommended that the following terms and conditions are read in full. By booking our services you are agreeing to these terms.
Contents
1) Pre-purchase Structural Survey report overview
2) Scope – What the Service Includes
a) General
b) Multi-Unit Surveys (including Apartment, Duplex, Maisonette)
3) Limitations of report
a) General
b) Damp / Leaks
c) Property contents and occupancy
d) Redecoration
e) Accessibility, voids, and concealed areas
f) Mechanical, electrical, and heating services – plumbing, heating, drainage, septic
tanks, wells, ventilation and a/c systems, electrics or information and
communications technology
g) Deleterious and hazardous materials
h) Tree / vegetation proximity and invasive plantations
i) Land Contamination
4) Property Walk-through
5) Price and payment
6) Report issue
7) Report guarantee
8) Liability, confidentiality, and ownership
9) Complaints policy
10) Termination
Report overview
The principal objective of the report is to inform you of significant structural defects within the property that may affect a buyer’s decision, e.g., defects in roof structure, cracks in walls, ceilings and floors that may indicate problems with the foundations. 90 – 95% of the engineer’s time is spent examining the main structural components of the property.
Scope – What the Service Includes
2. a) General
i) A Survey of the residential property (house, apartment, duplex, maisonette, etc.). The survey is a visual, structural inspection of the property at a specific point in time.
ii) A Report, which is based on a visual inspection only of the exposed and accessible main parts of the structure, e.g., walls, roof, etc. to determine the structural condition and general state of repair of the property.
iii) A Site Visit. The pre-purchase visual survey includes one visit to the property. If for any reason a re-check or re-inspection is required, an additional fee will be quoted for and charged accordingly.
2. b) Multi-Unit Surveys (including Apartment, Duplex, Maisonette)
i) The residential apartment survey is an inspection of the individual apartment/duplex/maisonette unit.
ii) A general overview is included of the common areas of a residential apartment/duplex/maisonette block where there is safe accessible access at the time of inspection, e.g., roofs, underground parking spaces.
iii) The client is advised to contact the management company and check for the existence of any known issues or defects to the apartment/duplex/maisonette block prior to entering any contract.
iv) Brief fire safety provision review undertaken on units in a multi-unit development only. Based on a visual, non-invasive inspection. Intended as a statement of the existing provision only. Not intended to categorically determine compliance or prescribe all necessary remedial works. Not applicable to single dwellings.
3. Limitations of Service
3. a) General
i) The pre-purchase structural survey is based on a visual inspection only of the exposed and accessible main parts of the structure, e.g., walls, roof, etc., to determine the structural condition and general state of repair of the property.
ii) The pre-purchase structural survey includes one visit to the property. If for any reason a re-check or reinspection is required, an additional fee will be quoted for and charged accordingly.
iii) The report does not comment on minor non-structural or cosmetic issues that do not materially affect the value of the property and are of no structural importance, e.g., minor drying cracks in ceilings and walls, marginal structural workmanship such as some unevenness in floors, walls, and ceilings.
iv) We do not carry out any tests on structural materials used in the construction of the property. The engineer will assume that the materials used in the construction of the property were suitable for their intended use.
v) The report does not comment on building regulation compliance.
vi) The report does not comment on the property boundary.
vii) We do not provide a BER report as part of our survey. A BER (building energy rating) certificate is a legal requirement and must be provided by either the Estate Agent or vendor before the property is placed on the market.
viii) Planning checks, planning searches, reviewing planning documentation, other files, maps, etc and/or making inquiries with statutory agencies or local Planning Authorities are not included in the pre-purchase survey.
ix) The survey excludes liability and responsibility for loss or damages to you or a third party for latent defects, concealed defects or deficiencies that may become apparent or occur during or after the survey has taken place.
x) Photographs included are used purely to clarify an engineer’s comments.
xi) Taking measurements of the property or site is not included in the pre-purchase structural survey service.
xi) Structural Certificates: If any structural work has been carried out at the property, we highly advise that your solicitor obtains from the vendor a Formal Certificate from the supervising Structural Engineer stating that all work has been carried out in a structurally sound way. The same Structural Engineer should have proper PI insurance cover, to your solicitor’s satisfaction. This report does not set out to determine/point out every instance where structural work has been carried out, as a section (destructive test) would need to be opened to determine whether structural work has been carried out.
xii) Flooding: We did not conduct a flood risk assessment at the address as this is a specialist area and does not form part of our service. It is recommended, prior to entering any legally binding contract to purchase, that it is confirmed by the Client that buildings insurance is readily available for the subject property to include, inter alia, the insured peril of flooding.
xiii) Note that a further investigation exists, which we recommend your solicitor to obtain, known as a Planning Search, distinct from a Planning Check. This can be obtained from the Planning Authority, which provides, but may not limited to: Details of all planning applications and permissions granted and / or refused in relation to the property. / Details of all enforcement proceedings taken or other notices served under the planning acts in relation to the property. / The zoning of the area in which the property is located according to the development plan or local area plan (if any). / Any road schemes that do or might affect the property. / Any compulsory purchase orders that affect the property. / Whether the property is a protected structure and / or declared to be an area of specific designation under the planning acts. / Any compensation payments relating to the property and / or agreements restricting or regulating the development of the property. / Details of any tree preservation orders and / or public rights of way.
xiv) The report does not provide costs for required repairs.
xv) Note that in the case of properties that are on the Record of Protected Structures, we do not comment on the compliance of the property(s) with protected structures regulations for materials, design, planning, building regulations.
xvi) We highly advise that you forward our Pre-Purchase Structural Survey Report to you solicitor/legal representative for the purchase.
3. b) Damp / Leaks
i) Our visual survey will report on active leaks that are visible at the time of inspection. It is quite common for windows, doors, walls, or roofs to have leaks that are only active and visible under certain weather conditions e.g., wind-driven rain, and these conditions may not be replicated at the time of the survey. The survey and these conditions may not be replicated at the time of the survey. The survey excludes liability for leaks that latently occur during weather conditions not replicated at the time of the survey.
ii) This survey report is not a detailed or comprehensive rising/damp survey. Dampness/rising damp may exist in the property which may not be detected by this general survey. For example, visual evidence of dampness could be hidden from view by furniture or by recent redecoration of ceilings and walls. Dampness can also be caused by seasonal factors that are not present at the time of inspection. To be 100% certain that no dampness exists in the property you should get a detailed and specialised damp survey before signing legally binding contracts.
3. c) Property contents and occupancy
i) Contents in a building restrict or deny visual and/or physical access to some areas, e.g., personal belongings in hot press, attic space packed with boxes, personal possessions in rooms, fixtures and fittings in rooms etc. The engineer will make their best assumptions where walls, carpets, heavy furniture, etc., in place restrict access.
ii) No moving of furniture or personal belongings will be carried out during the inspection.
3. d) Redecoration
i) Recent redecoration can hide or disguise visual evidence of existing defects in a property. E.g., evidence of moisture issues (such as mould and water stains, or cracks in walls), can be painted or wallpapered over.
ii) Moisture issues and cracks covered up by redecoration normally take up to one year before they once again become evident.
iii) Should a defect or deficiency subsequently become apparent we are happy to offer direction and advice. E.g., cracks appearing in walls and ceilings, or seasonal dampness not active or visible at the time of survey.
3. e) Accessibility, Voids, and Concealed Areas
i) The inspection can take no account of works covered up, inaccessible or otherwise obscured from view e.g., furniture, fittings, clothing, personal belongings, etc.
ii) Where areas of the main structural components are unexposed, covered, or inaccessible, no definitive opinion can be given. For example, if there is no hatch access to roof spaces or areas under floors then the engineers’ comments cannot be conclusive; opening-up would be required before a more accurate assessment can be made by the engineer. It must therefore be appreciated that defects such as woodworm or dry rot may be present without our knowledge.
iii) Access points will not be used if they are locked, nailed, glued, sealed, or screwed in place, damaged or unlikely to close properly after opening.
iv) Internal roof structures will be inspected where safe access exists via a loft hatch not more than 3 metres above the adjacent floor or ground. Where no reasonable safe access is available, the roof spaces will not be inspected.
v) Roof spaces that are limited in height, dangerous or unsafe to manoeuvre in, will not be inspected. It must therefore be appreciated that defects such as woodworm or dry rot may be present without our knowledge.
vi) Ladders will be used for inspections where it is safe to do so, up to a maximum of 3 metres in height. The engineer will not climb onto or walk on any roof surfaces. External roofs over 3 metres from ground level will be inspected using binoculars from ground level but will be excluded from the survey if they cannot be viewed by either means.
vii) The survey of the property is carried out from within the grounds of the property and from public areas adjacent to the property. We cannot trespass on to other people’s private property to get better views
3. f) Mechanical, Electrical and Heating Services – plumbing, heating, drainage, septic tanks, wells, ventilation and air conditioning systems, electrics, or ICT.
i) Services: The services installations are visually inspected insofar as is within our competence however, no tests are carried out on the electrical, plumbing including sanitary ware, heating or drainage installations. Services are generally hidden within the construction of the property. This means that we can only inspect the visible parts of the available services. The visual inspection cannot assess the services to make sure they work efficiently and safely and meet modern standards. If issues with utilities / services are observed, they will be included in the structural survey report. However, this should not under any circumstances be taken to mean that issues with the utilities / services are limited to the comments / photos included that issues with the utilities / services are limited to the comments / photos included in the report.
ii) Our engineers are NOT qualified plumbers, heating technicians or electricians and do not carry out any tests or assess the efficiency or safety of these services.
iii) Before purchasing, renting, or leasing the property, it is essential and recommended that you commission a competent suitably qualified professional to service / perform tests and provide you with a report on the design, installation, current condition, efficiency, and the likelihood of potential failure/s of these systems.
iv) Mechanical, plumbing, electrical, heating services, specialist facilities and equipment are not included in the survey e.g., swimming pools, air conditioning units, geothermal systems, tennis courts, sprinkler systems, security alarms, solar panels, and any appliances.
3. g) Deleterious and Hazardous Materials
i) This survey report is not an inspection on the presence of any deleterious and hazardous materials within the property, neither will we undertake or commission inspections or laboratory tests to determine or confirm the presence, extent or precise nature of any deleterious and hazardous materials e.g., alkaline cement, lead, asbestos, pyrite and mica/pyrrhotite.
ii) No liability is accepted for future defects found in the property arising from the use of defective stone fill.
iii) If the engineer makes a comment in the report on deleterious and hazardous materials it is provided for limited information purposes only and should not, under any circumstances, be deemed conclusive.
iv) To determine the existence / non-existence or extent of any deleterious and hazardous materials within the property it is essential and recommended that you commission a relevant specialist to carry out tests and provide you with a report before signing legally binding contracts.
v) We do not test for radon gas. Radon gas is naturally occurring and is dangerous, and should be vented away from the dwelling if discovered. For precautionary reasons, we recommend that you have a radon gas test done on the property for your own respiratory health. Note, it is not possible to confirm whether a radon barrier is in place without destructive tests. A radon test may take some time to have a conclusive result. The exact timeline should be confirmed formally with a radon testing company, as long timelines and wait for the vendors are likely not possible in pre-sale scenarios.
vi) In compiling the report, it is assumed that NO high alumina cement concrete or calcium chloride additive or other potentially damaging material was used in any aspect of construction associated with this property.
vii) Your legal advisor should formally investigate whether there are any unusual or especially onerous restrictions, encumbrances or outgoings that may affect the property, right of ways, possible adverse possession, etc.
vii) Legal Advisor: We do not act as the legal adviser to our Client and will not comment on any legal documents.
3h) Tree / Vegetation Proximity and Invasive Plantations
i) This survey report is not an inspection of the presence of invasive plantations, e.g., Japanese Knotweed, within the property.
ii) If the engineer makes a comment in the report on invasive plantations, trees, or vegetation proximity, it is provided for limited informational purposes only and should not, under any circumstances, be deemed conclusive.
iii) To determine the existence/non-existence, impact or extent of any invasive plantations or tree or vegetation proximity within the property it is essential and recommended that you commission a relevant specialist to carry out tests and provide you with a report before signing legally binding contracts
3. i) Land Contamination
i) We do not make any investigations into the potential contamination of the site or of neighbouring land e.g., oil spillages, chemical leaks, dumped materials, etc.
ii) If the engineer makes a comment in the report on land contamination e.g., dumped waste, it is provided for limited information purposes only and should not, under any circumstances, be deemed conclusive.
iii) To determine the existence/non-existence, extent, or impact of any land contamination within the property or neighbouring land it is essential and recommended that you commission a relevant specialist to carry out tests and provide you with a report before signing legally binding contracts.
4. Property Walk-Through
i) It is advised, without exception, that before signing legally binding contracts the sale and taking possession of the property, clients take a final walk-through of the property and grounds with the estate agent.
ii) The walk-through should take place after the removal of the vendors’ personal possessions.
iii) It is the client’s responsibility to organise the property walk-through, to determine that no previously hidden or covered issues have been revealed, and that no subsequent water leaks, fire, smoke, or other damage have occurred since the survey was performed. Your legal adviser can provide advice on this action.
iv) Should any issues be discovered during the the final walk-through, clients should take photographic evidence and forward this by email immediately to our office. If re-inspection is required, an additional fee will be quoted for and charged accordingly.
5. Price and Payment
i) Valid numbered quotations are provided in writing only and are valid for thirty days from the date of issue. The quotation includes VAT at the current rate.
ii) Payment can be made by Electronic Funds Transfer (EFT) (bank transfer). The invoice is payable prior to the visit.
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.
7. Report Guarantee
i) O’Neill O’Reilly & Associates guarantee to issue the Pre-Purchase Survey Report by email within 2 working days of completion of a pre-purchase structural survey inspection. This does not apply to Boundary Checks (additional service to this service), or Checks of Planning Compliance (additional service to this service).
ii) How to Calculate the Guaranteed Turnaround Time
Day 0 - Day of Inspection
Inspection status complete
Day 1 - Starts at 00.01 on first working day after the inspection is completed
Day 2 - Second working day after inspection is completed
Report to be issued by 23.59 on the second working day
iii) O’Neill O’Reilly & Associates reserve the right to suspend the turnaround time guarantee in the event of unforeseen circumstances caused by events beyond our reasonable control, including, but not limited to any force majeure incident. In such circumstances, including those listed below,: –
Unscheduled inspection interruption
Major electricity outage
IT system(s) outage (e.g., internet outage, cyber-attack)
Acts of God
Pandemic
we will use our best efforts to issue the report(s) as soon as possible after resumption of service affecting the company and its staff.
iv) Where a client believes that the guaranteed turnaround time has not been met, s/he must apply to O’Neill O’Reilly & Associates Customer Care, by email, within 10 days of the inspection date. The client must provide the original name on the inspection booking, property address, latest date of inspection notified by O’Neill O’Reilly & Associates and date of receipt of the report(s).
v) Guarantee refund requests will be investigated, and a refund decision will be provided within 10 working days.
vi) Where O’Neill O’Reilly & Associates finds that the guaranteed turnaround time has not been met, the fee for the survey, where relevant, will be refunded in full.
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.
8. Liability, Confidentiality, and Ownership
i) Liability is limited to a maximum amount equal to the fee paid for the survey.
ii) Ownership of the report passes to the client upon receipt by O’Neill O’Reilly & Associates of full payment.
iii) The report is issued to the person to whom it is addressed for theirs and their legal advisers use and is not intended or authorized to be used by a third party, without our prior written consent.
iv) No responsibility is accepted to any third party or in the event that this report is used for any other purpose. If a third party chooses to use this inspection report, they do so without O’Neill O’Reilly & Associates’ permission or authorisation, and they do so at their own risk. No communications will be entered into with any third party re the report, without the prior consent of the client.
9. Complaints Policy
i) We aim to give excellent service to all our customers, however, we recognise that things may go wrong occasionally. We will do our best to deal with your complaint as effectively and quickly as possible. You can make a complaint by emailing office@onor.ie.
ii) To get in touch please contact our Customer Care team using one of the following methods: –
Email: office@onor.ie
10. 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.