It is essential that the limitations and terms of service are understood
and agreed before engaging our services. Booking our services presumes your agreement
to these terms.
Contents
1. Structural Building Regulations Review overview
2. Scope – What the Service Includes
3. Client Obligations
4. Limitations of service
a) General
b) Accessibility, voids, and concealed areas
c) Mechanical, electrical, and heating services –plumbing, heating, drainage, septic tanks, wells, ventilation and electrics
d) Deleterious and hazardous materials
e) Invasive Plantations and Land Contamination
5. Liability and Indemnification
6. Property Walk-through
7. Price and payment
8. Report issue
9. Report guarantee
10. Data Protection
11. Consumer Rights
12. Confidentiality and Ownership
13. Complaints policy
14. Acceptance of Terms
15. Contact Information
16. Termination
1. Report overview
i) The principle objective of the Structural Building Regulations Review is to inform you of visible breaches in current building regulations, unfinished or poorly completed construction work, issues that may affect the value of the property, documents or certificates you should request from the developer and guidance on understanding the documents and certificates provided by a developer.
ii) The Structural Building Regulations Review will inform you when works are “Substantially Compliant”. This means the construction generally meets building regulations, except for minor issues that, in the engineer’s view, would not lead to enforcement proceedings under the Building Control Act.Click here for further information and downloadable copies of the Technical Guidance Documents (TGDs).
iii) The Structural Building Regulations Review is based on a visual inspection of the exposed and accessible completed building works, at the time of the inspection. This includes assessing the structural condition of floors, foundations and roof structure, the stairs, drains and roof coverings and the general finish of the property. Fire regulation compliance will also be covered.
iv) Clients are recommended to attend the inspection. The engineer will point out and explain any issues of non-compliance.
v) Once issued, it is the client’s responsibility to forward the Structural Building Regulations Review to the builder in plenty of time before the property purchase is finalised so they can address any issues.
vi) Re-checks can be performed if required but are not included in the Structural Building Regulations Review fee.
2. Scope – What the Service Includes
2. a) General
i) A visual, structural inspection of the residential property (house, apartment, duplex, maisonette, etc.).
ii) A report, which is based on the 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 condition of the property.
iii) A Site Visit. The structural building regulations review includes one visit to the property.
2. b) Multi-Unit Surveys (including Apartment, Duplex, Maisonette)
i) In the case of a multi-unit building, the structural building regulations review includes 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, fire precautions and means of escape.
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.
3. Client Obligations
i) Clients must understand and accept these terms and conditions, including limitations, to book this service.
ii) Clients must consult with their legal advisor to fully understand and accept the extent, limitations and exclusions of this service before exchanging contracts.
iii) Clients must read and understand the report. Any queries relating to the report must be raised with the engineer and before signing legally binding contracts.
iv) It is the client’s responsibility to follow up on items listed in the report as recommendations or further investigation.
v) It is advised, without exception, that before signing legally binding contracts and taking possession of the property, clients take a final pre-close walk-through of the property and grounds with the builder. Should any issues be discovered during the pre-close walk-through, (e.g. plumbing/water leaks which were not active or visible at the time of the survey), clients should take photographic evidence and forward this by email immediately to our office. See contact information below.
4. Limitations of Service
4. a) General
i) The structural building regulations review 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 current condition and general state of repair of the property.
ii) The structural building regulations review report does not include or comment on minor non-structural or cosmetic issues that are of no significant structural importance. For example, shrinkage of materials due to natural drying out of new building, paint runs, scratched work surfaces, nail pops, shade variations in tiles, veneers, paints etc.
iii) 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.
iv) The report does not comment on the property boundary.
v) We do not provide a BER report as part of the service.
vi) We 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 inspection. Liability for leaks that latently occur during weather conditions not replicated at the time of the inspection is excluded from this service.
vii) The inspection 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 inspection has taken place. We are however happy to offer direction and advice should a defect or deficiency subsequently become evident. E.g., plumbing leaks were not active or visible at the time of the inspection.
viii) Photographs included in the report are provided purely to clarify an engineer’s comments.
xi) Taking measurements of the property or site is not included in the schedule of dilapidation service.
x) If for any reason a re-check or re-inspection is required, an additional fee will be quoted and charged accordingly.
4. b) Accessibility, Voids, and Concealed Areas
i) The inspection can take no account of works covered up, inaccessible or otherwise obscured from view. Where areas of the property are unexposed, covered, or inaccessible, no definitive opinion can be given on their condition.
ii) 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.
iii) Where applicable, 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.
iv) 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.
v) 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.
vi) Where applicable, external roofs over 3 metres from ground level will be inspected using binoculars or extendable poles from ground level but will be excluded from the inspection if they cannot be viewed by either means.
vii) The inspection 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.
4. c) Mechanical, Electrical and Heating Services – plumbing, heating, drainage, septic tanks, wells, ventilation and electrics
i) Mechanical, electrical, and heating services are not inspected as part of the service. The inspection is limited to a cursory view of services only and any comments will be limited to the overall general condition of the service. No comment will be made on individual components within the system(s). Based on this, the engineer will comment on whether they were operating or not at the time of inspection (e.g., there was a water supply to the property, there was an electrical supply to the property.) 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 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) It is essential and recommended that a competent suitably qualified professional is commissioned to service/perform tests and provide 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 inspected by our engineer e.g., air conditioning units, geothermal systems, sprinkler systems, security alarms, solar panels, and any appliances.
4. d) Deleterious and Hazardous Materials
i) This report does not, and will not, constitute an inspection for the presence, absence, or condition of any deleterious or hazardous materials within the property. Property Health Check Ltd. will not undertake or commission inspections, laboratory tests or other investigations to identify, determine or confirm the presence, extent or specific nature of such materials, including, but not limited to, alkaline cement, lead, asbestos, pyrite, mica or pyrrhotite.
ii) Property Health Check Ltd. accepts no liability for any present or future defects, damages or health risks arising from the use of defective stone fill, hazardous materials or other deleterious substances within the property. Clients acknowledge that the inspection excludes these materials and agree that any associated risks remain outside the scope of this report.
iii) Any comments made by the engineer regarding deleterious or hazardous materials in the report are provided solely for informational purposes. These comments do not constitute professional advice and should not, under any circumstances, be relied upon as conclusive or comprehensive assessments.
iv) To ascertain the existence, non-existence or extent of any deleterious or hazardous materials within the property, it is essential and strongly recommended that a qualified specialist be commissioned to perform the necessary tests and provide a comprehensive report before signing any legally binding contracts.
v) Insurance Exclusion: Clients acknowledge that claims relating to the presence, condition or effects of deleterious or hazardous materials, such as asbestos, pyrite, mica, or other substances, are expressly excluded from coverage under Property Health Check Ltd.’s insurance policy. Under no circumstances shall a claim related to such materials be made or accepted against our insurance.
4. e) Invasive Plantations and Land Contamination
i) To ascertain the existence, non-existence or extent of any invasive plants or land contamination within the property, it is essential and strongly recommended that a qualified specialist be commissioned to perform the necessary tests and provide a comprehensive report before signing any legally binding contracts.
5. Liability and Indemnification
i) Our liability is limited to 10 times the fee paid for the inspection. Property Health Check Ltd. are covered by Professional Indemnity insurance, save for exclusions stated under 4g) Deleterious and Hazardous Materials.
ii) Clients agree to indemnify us against third-party claims arising from the use of the report in ways not authorised by Property Health Check Ltd., or for failing to follow recommendations outlined in the report.
iii) If an engineer makes a mistake or you are incorrectly advised in your report that the structure is in good condition, we will ensure the issue is resolved. In such cases, Property Health Check will assess the situation, arrange for a qualified company to carry out the necessary repairs, and provide certification that the work has been completed to standard.?
iv) If you choose to use your own contractor, Property Health Check Ltd. will reimburse you for the amount we would have paid our recommended contractor. However, we will not be liable for any shortfall in costs if your contractor charges more than this amount. You may allocate the reimbursement as you see fit when using your own contractor and engineer.
v) Any damages arising from an issue with the report are limited to the cost of repairing the defect in line with the standards appropriate to the property’s age and the building regulations or byelaws in place at the time of its construction, rather than any newer regulations now in effect.?
vi) No additional damages will be paid for claims for stress, inconvenience and other issues that fall under tort law or other laws.
6. 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 builder to ensure all items noted in the report have been addressed.
ii) The walk-through should take place after the builder has confirmed that all items have been addressed.
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 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 and charged accordingly.
7. Price and Payment
i) A valid numbered quotation is provided in writing only and is valid for thirty days from the date of issue. The quotation includes VAT at the current rate.
ii) Payment can be made by credit card, debit card, and Electronic Funds Transfer (EFT). Payment is taken at the time of booking.
8. Report Issue
i) Reports are issued by email to the email address advised by the client at the time of booking. The email will contain a link to a secure site, where the report can be viewed and downloaded.
ii) Photos included in the report are low to medium resolution. If you wish to copy any or all the photos out of the report, right-click over a photo and copy to a new location.
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.
9. Report Guarantee
i) Property Health Check Ltd. guarantee to issue report(s) by email within 3 working days of completion of a pre-purchase structural survey inspection.
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 |
| Day 3 | Third working day after inspection is completed Report to be issued by 23.59 on the third working day |
iii) PHC 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 PHC 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 PHC 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 PHC finds that the guaranteed turnaround time has not been met, the fee for the inspection will be refunded in full.
vii) Refunds will be made to the same payor and method as the original payment for the service only. (E.g., payment by visa – refund by visa)
viii) Refunds are processed by a 3rd party and may take up to 3 working weeks to process.
10. Data Protection
We adhere to GDPR and other relevant data protection laws. Personal data collected will be used solely for the purpose of the inspection and will not be shared without client consent, except as required by law. Data will be stored securely and disposed of responsibly when no longer needed.
11. Consumer Rights
Clients retain all statutory rights as prescribed under consumer protection laws and the Consumer Rights Act 2022, however, clients are required to consult with their legal advisor to fully understand and accept the extent, limitations and exclusions of this service before exchanging contracts.
12. Confidentiality and Ownership
i) Ownership of the report passes to the client upon receipt by Property Health Check Limited of full payment.
ii) The report is issued to the person to whom it is addressed for their and their legal adviser’s use and is not intended or authorized to be used by a third party, without our prior written consent.
iii) If a third party chooses to use this inspection report, they do so without Property Health Check Limited’s 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.
13. Complaints Policy
i) In the event of a dispute, clients are required to contact us directly for resolution. Review our complaints policy here.
ii) To get in touch please contact our Customer Care team using one of the following methods: –
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- Call 0818 787839
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- Email: info@propertyhealthcheck.ie
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- Post: Property Health Check Ltd Ltd., 20 Main Street, Kenmare, Co. Kerry
14. Acceptance of Terms
By booking and paying for this service, clients acknowledge and agree to be bound by these terms and conditions.
15. Contact Information
For any queries regarding these terms please contact us at info@propertyhealthcheck.ie or 0818 787 839.
16. 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 25% of the quotation total fee will be charged.
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