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) Pre-purchase Structural Survey report overview
2) Scope – What the Service Includes
a) General
b) Multi-Unit Surveys (including Apartment, Duplex, Maisonette)
3) Client Obligations
4) 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
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
Report overview
The principal objective of the report is to inform you of significant structural defects within the property, that are evident following a visual (non-intrusive) inspection, 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, 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 estate agent. 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.
vi) Clients must fully consult with their legal advisor about any structural concerns before exchanging contracts.
4. Limitations of Service
4. 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 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. We are however happy to offer direction and advice should a defect or deficiency subsequently become evident. E.g., plumbing leaks not active or visible at the time of survey.
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.
4. 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 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 will 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.
4. 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.
iii) It is recommended that the property is not occupied during the inspection to enable the engineer to focus solely on the survey.
iv) The property owner and/or estate agent are responsible for the property. PHC cannot admit clients to the property.
v) Should a client gain authorised access to the property, you must allow the engineer to carry out the survey without interruption. Please note that PHC will not be held liable for any issues that may go unreported due to the distraction/interruption of the engineer during the inspection.
4. 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.
4. 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
4. f) Mechanical, Electrical and Heating Services – plumbing, heating, drainage, septic tanks, wells, ventilation and electrics
i) Our survey 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 (i.e., the primary heating system/boiler was firing up, there was a water supply to the property, there was 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) 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.
4. g) Deleterious and Hazardous Materials
i) This survey 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. h) 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
4. 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.
5. Liability and Indemnification
i) Our liability is limited to 10 times the fee paid for the survey. 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 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.
7. 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 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 survey, and reduced-rate
Certificate of Identity, 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. (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 survey 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.
iv) If a third party chooses to use this inspection report, they do so without Property Health Check Limited’s permission or authorization, 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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