Building Surveying Solutions Limited Terms & Conditions for Residential Surveying Services
Residential Surveying Services
1.1 What is this Document?
1.2 This document (the “Conditions”) forms part of an agreement between Building Surveying Solutions Ltd & you, the Client.
1.3 The Conditions and the cover letter specifying the particular service you require together form Building Surveying Solution’s Ltd “Agreement” with the Client. The Agreement is a binding document & Clients should ensure that they understand it.
1.4 This Document applies to all our Residential Services, and you must read the conditions specific to your survey type in paragraph 6.0 below.
1.5 We need to have an agreed written record of what Service we are providing to ensure that there are no misunderstandings.
1.6 Our Agreement is intended to comply with all of your statutory rights as a Consumer. However, in the event that any uncertainty arises, your
statutory rights as a Consumer will take priority over the Agreement.
1.7 Services: This agreement covers residential surveying services as follows: building survey report, snag list, boundary check, planning search, certificate of compliance or exemption, carried out by Building Surveying Solutions Ltd.
2.1 Quotations/Orders and Changes
2.2 Building Surveying Solution’s Ltd quotations are valid only if in writing & for 30 days after the quotation date unless otherwise stated in the quotation.
2.3 All Orders for Services shall be regarded as an offer by the Client to purchase a Service under the terms of this Agreement. The Client accepts the terms of this Agreement & makes a binding Agreement by faxing or posting back a signed copy of the cover letter.
Alternatively, an instruction to proceed can be issued as an email response to the terms and conditions email with attachments issued by Building Surveying Solutions Ltd. Such confirmation is binding except, in the case of consumers only, where there is a discrepancy between order confirmation and what the consumer ordered and where the discrepancy is unacceptable to the consumer. Building Surveying Solutions Ltd will not make any significant variations to Services without the Client's prior agreement.
3.1 Price and Payment
3.2 The Price that Clients have to pay will be shown on the letter or attachment accompanying this document or invoices.
3.3 Payment shall be made before the report is issued to the client.
3.4 The fee amount is stated on the attached cover letter. Regrettably, we cannot release the report until payment has been received; however, you are more than welcome to collect the report from our offices and make payment then. Cheques should be made payable to Building Surveying Solutions Ltd. Laser/credit card facilities are available.
3.5 If agreed in advance in writing and under specific circumstances, clients may pay by the 28th of the month following the invoice date. Building Surveying Solution’s Ltd may suspend delivery of Service until full payment is received. If full payment is not received Building Surveying Solutions Ltd. will be entitled to charge interest on the amount outstanding at the rate of 3% per annum above the Dublin Inter-Bank Offer Rate. If Building Surveying Solution’s Ltd must recover the outstanding payment, recovery costs are to be paid by the Client.
4.1 Report Issue
4.2 The delivery date, if specified, is an estimate.
4.3 Reports shall be emailed in pdf format unless specifically requested by post. An additional printing and postage fee of €25 per report will be required.
5.1 Passing of Ownership & Risk
5.2 Ownership of the Reports passes to the Client on receipt by Building Surveying Solutions Ltd of full payment.
5.3 The report is for the sole use of the client named on the cover sheet, their solicitor, and the lending institution. It shall not be given to or used by a third party without the expressed written consent of Building Surveying Solutions Ltd.
6.1 Services Provided – select the survey type referred to in the cover letter attached with this document.
6.2 Building Survey Report.
The scope and limitations of an inspection carried out by us are as follows:
1. The survey will take the form of an appraisal of the main parts of the structure, including roofs, walls, floors, and finishes, both internal & external.
2. Where parts of the structure are inaccessible or unexposed, no opinion can be given, but attention will be drawn within the report where such situations have arisen. Unless otherwise indicated within the report, no floorboards or timber cladding/lining to walls or ceilings will be lifted. Therefore, it must be appreciated that defects may be present but cannot be conclusively identified.
3. No tests for land contamination, pyrites, radon gas or Japanese knotweed or other deleterious materials are carried out under the scope of this survey.
4. Minor details that do not materially affect the property's value may not be commented on.
5. No tests will be carried out on the underground drainage installation; however, where practical, AJ and manhole covers will be lifted, and the drains inspected locally. Heavy-duty manhole covers will not, however, be opened.
6. The Surveyor will examine and make general comments on the condition of the electrical, plumbing, heating and ventilation installations. However, no tests will be carried out on the services. Should further clarification be required in this regard, it is recommended that a qualified electrician or plumber be employed to carry out these tests.
7. We will not make any enquiries with local Planning Authorities or other statutory agencies.
8. A Building Energy Rating (BER) Certificate is not included.
9. Budget costs, where indicated are approximate estimates only and are not the subject of a detailed cost analyses, and a detailed contractor’s estimate is recommended.
10. If the survey relates to an apartment, we recommend that your solicitor requests a Requisition 37 pack from the Owners Management Company (OMC) or their agent, as this pack will provide information such as; the current Board of Directors, the current management fee and any outstanding arrears (for an individual property), a copy of the audited accounts, the balance sheet of the management company, the level of debtors and any provision for bad debts and if there is a sufficient annual building investment fund contribution from each unit, along with the currently available funds in the current account and building investment / sinking fund.
6.3 Snag List on a Residential Property
The scope and limitations of a snagging inspection carried out by us are listed below. A snag list is a list of defective, irregular, and incomplete items to be rectified by the builder before handover. It is not a structural survey.
1. We will inspect the building with a view to preparing a snag list for you to forward to the builder.
2. No correspondence will be entered into with the builder, and it will be your responsibility to issue the snag list to and liaise with the builder.
3. Where parts of the structure are covered or inaccessible, no opinion can be given. It must be appreciated, therefore, that defects may be present without our knowledge. In addition, as we did not supervise the works during construction, we cannot comment on methods of construction used where works are covered up.
4. No tests will be carried out on the underground drainage installation; however, where practical, AJ and manhole covers will be lifted, and the drains inspected locally. Heavy-duty manhole covers will not, however, be opened.
5. No tests for land contamination, pyrites, radon gas, Japanese knotweed, or other deleterious materials are carried out under the scope of this survey.
6. The Surveyor will examine and include visual shortcomings in the condition of the electrical, plumbing, heating, and ventilation installations; however, no tests will be carried out on the services. Should further clarification be required in this regard, it is recommended that a qualified electrician or plumber be employed to carry out these tests.
7. Snagging works will not be re-inspected when completed by the builder unless specifically requested, and an additional fee will be involved.
8. A Building Energy Rating (BER) Certificate is not included.
6.4 Boundary Check carried out in conjunction with a Survey report.
This service is not part of a standard building survey; however, if requested and included as part of the service, the scope and limitations of a boundary check carried out in conjunction with a building inspection are listed below.
1. The boundary check will involve checking the overall dimensions of the site and reasonable comparison with the folio file plan. It is not a detailed measure-up but sufficient for comparison with a folio map.
2. Where parts of the site are covered or inaccessible, no measuring can be undertaken, and certain interpolations may have to be made.
3. We will require an original Land Registry/Ordnance Survey map to compare the site boundaries. If you require us to obtain a map, a fee of €35 plus VAT per folio map and €50 plus VAT per ordnance survey map will apply.
4. The surveyor may need to access the adjoining property, and you must make arrangements for him/her in this regard. We cannot be held responsible for trespass in this regard.
5. Rechecks of the site will incur an additional fee.
6.5 Planning Search was carried out in conjunction with a Survey report.
A planning search is not part of a standard building survey report; however, where requested and included, the scope and limitations of a planning search carried out by us are listed below.
1. If possible, and to reduce costs, a Planning Search will be carried out online, as per the quotation.
2. If requested and agreed upon, a planning search will be carried out at the offices of the relevant Local Authority to establish the planning history of the site and if there are any proposed CPOs, road widening, warning or enforcement notices or adverse zoning, etc. affecting the land in the sale.
3. We can only work with the information and maps presented at the planning counter. There may also be a time delay if old files need to be ordered.
4. There is normally a charge for retrieving old files which are more than five years old, which is typically €25 per file; however, we will seek your approval before ordering any files.
7.0 Confidentiality
Each party must treat information received from the other which appears to be confidential as it would treat its confidential information generally, but at least, with no less than a reasonable degree of care.
8.0 Termination
The Client may terminate this Agreement but must give a minimum of “1-day” notice – if the survey is cancelled on the day of the inspection, there will be a 30% charge based on the quotation.
Fee Advice:
The fee amount is stated on the attached cover letter. Regrettably, we cannot release the report until payment has been received; however, you are more than welcome to collect the report from our offices and make payment. Cheques should be made payable to Building Surveying Solution’s Ltd. Laser/credit card facilities are available.