Pre Engagement Agreement – Pest And Building Inspection

 

The Agreement

1. Definitions
Definitions used in this Agreement are listed at the end.

2. Application — Range of Services

1. This Agreement governs all Inspection Services offered by the Inspector, including Pre-Purchase Building Inspections (AS
4349.1), Timber Pest Inspections (AS 4349.3), combined Building and Pest Inspections, New Build Staged/Progress
Inspections, Practical Completion Inspections, and Special Purpose/Special Condition Reports (AS 4349.0, or such other
Standard as applies) (together, the Inspection Services). Where the Inspection Service ordered has requirements additional to
or different from this Agreement, those requirements will be confirmed with the Client in writing before the inspection and
read together with this Agreement; the specific written scope prevails over any inconsistency.

2. The Inspector applies the Australian Standard(s) current at the time of inspection (AS 4349.0, AS 4349.1, AS 4349.2 and/or AS
4349.3, and the AS 3660 series where applicable). These Standards are periodically revised by Standards Australia and the
edition current at the time of inspection applies.
The Client’s Acknowledgements

3. The Client acknowledges and agrees that:

a)the Inspector may cancel the inspection at any time prior to its commencement, with no reimbursement or refund of any
fee or deposit paid;
b) the inspection follows Appendix C of AS 4349.1-2007 (Appendix B for strata), AS 4349.3-2010 for timber pest inspections
(and AS 3660.2 where stated), or AS 4349.0 for Staged/Practical Completion/Special Purpose inspections, as applicable; a
copy of the relevant Standard is available from Standards Australia at the Client’s cost, and the Client has had reasonable
opportunity to review it;
c) the Scope of Inspection is indicative only, being subject to the Inspector’s access, safety and Work Health and Safety
obligations (see ‘Work Health and Safety’ section), and the Restrictions on an Inspection below; the Inspector alone
determines, at the time of inspection, what restricts access, including for safety reasons;
d) the Report is a subjective, non-invasive visual inspection, is not to be relied on for valuation or a purchase decision, is for
the Client’s exclusive use only (not to be given to a third party, used as a real estate marketing tool, or transferred,
without written consent), is assumed to have been ordered by the person purchasing the Property (or, where ordered by
a solicitor, conveyancer or other agent on the Client’s behalf, on the basis that this Agreement has been fully explained
to the Client), and does not report on latent defects;
e) the absence of a visible defect or pest activity at inspection does not guarantee none exists, and the Client has read this
Agreement and relied on no other representations;
f) any claim for loss arising from reliance on the Report is limited to the cost of the inspection; and
g) acceptance of this Agreement is confirmed by the Client ticking the relevant check box, or otherwise confirming, when
ordering.

Scope of Inspection and Report

4. The Report excludes rectification costs. Condition is assessed against a similarly constructed, reasonably maintained building of
comparable age, limited to Areas that are safe and accessible (see ‘Work Health and Safety’ section).

5. The inspection is a visual assessment of items listed in Appendix C of AS 4349.1-2007, AS 4349.3-2010, or the applicable AS
4349.0 scope, covering structures within 30m of the building and within site boundaries, including fences.

6. Unless a non-standard inspection is specified in writing, a Timber Pest Inspection is a Standard, Non-Invasive, Visual Timber Pest
Inspection.

7. Subject to safe and reasonable access and the Work Health and Safety section, the inspection covers: the interior; the roof void;
the exterior; the subfloor; the roof exterior (subject to restrictions); and the property within 30m of the building.

Restrictions on an Inspection

8. The Inspector is restricted by foreseeable and unforeseeable limitations, and will not inspect any Area that is unsafe, cannot
reasonably be accessed, or where entry would not comply with the Work Health and Safety Act 2012 (SA), the Work Health
and Safety Regulations 2012 (SA), or SafeWork SA codes of practice and guidance.
Key Property — Pre-Engagement Agreement — Page 2 of 5

9. The Inspector cannot move furniture, chattels or stored items, or remove or lift insulation; cannot conduct an invasive
inspection (e.g. cutting into walls, between floors, behind fixed joinery, inside flat roofing or eaves — not an exhaustive list);
and cannot cut access holes or remove fastenings to access covers.

10. Where access is obstructed, unsafe, or non-compliant with Work Health and Safety requirements, that Area will not be
inspected. The Extent of Reporting is a subjective, visual, non-invasive inspection only and excludes the cost of rectification of
any defect.

11. The Inspector cannot carry out an inspection for, or comment on:

a) non-structural elements; parts that cannot be seen or that require testing; or serviceability damp defects;
b) asbestos, magnesite, mould or other biological risk, or any item listed in Appendix D of AS 4349.1-2007 (Annexure ‘A’);
c) plumbing, or electrical wiring, switches, power points or appliances (including air conditioning, heaters and fireplaces) —
the Client should engage a suitably qualified tradesperson;
d) the cost or plan for any rectification or repair work;
e) the appropriateness of structural design or construction, electrical works, swimming pools or appliances, or whether
fireplaces/chimneys are functional;
f) compliance with any building code or Act, latent structural defects, or the risk of flooding, earthquake or other natural
event; any cracking identified should be assessed by a structural engineer regardless of its size or location, as the
Inspector cannot determine its future consequences;
g) swimming pools, spas, septic systems or ponds (this is not a pool safety report) — the Client should have pool fencing
independently assessed for compliance, as non-compliance may attract penalties under South Australian legislation;
h) drywood termites or early-stage European House Borer damage, which may not be detectable by visual assessment;
i) the composition, combustibility, flammability or compliance of any external cladding, insulation or facade system (see
‘External Cladding’ section);
j) geological, geotechnical or hydrological conditions, environmental hazards, retaining walls over 700mm, elevated
structures (decks, balconies, verandas, pergolas, stairs, handrails, children’s play areas), or rooms below ground level —
each should be separately assessed by a suitably qualified person or engineer;
k) roof leaks or future water-tightness, glazing compliance with AS 1288, stair/balustrade compliance with the National
Construction Code, smoke alarm compliance with AS 3786, surface water drainage, or the effect of trees on footings; and
l) neighbourhood, environmental, heritage, gas fitting, fire protection or site drainage matters generally, or any matter solely
regulated by statute; for strata/similar titles, only the interior and immediate exterior of the inspected unit is covered.

12. Per AS 4349.1-2007 clause 4.2(d), the inspection will not report on defects not apparent due to prevailing weather (e.g. rising
damp or leaks only apparent in different conditions).

13. The Inspector may cease, or decline to enter, any Area upon encountering asbestos, mould, magnesite or pest-related timber
damage; confined-space risk (see SafeWork SA’s Confined Spaces Code of Practice and AS 2865); electrical hazards including
an inability to isolate power; inadequate access, ventilation, lighting or egress; or any other safety concern in the Inspector’s
reasonable opinion (see ‘Work Health and Safety’ section).

14. The Report is limited to: the Area(s) inspected and/or not inspected, with reasons; major defects (requiring rectification to
avoid unsafe conditions or a safety hazard); for Timber Pest Inspections, a visual appraisal of pest activity, damage, decay, rot
or fungi; and a general impression of minor defects and overall condition relative to a comparable property.

15. The Report does not guarantee the absence of infestation or damage in inaccessible areas, nor that future infestation will not
occur.

16. Access is further limited by the following dimensions and by the Work Health and Safety section:

 

Area Access hole Crawl space Height / Access
Roof interior (void) 400 x 500mm Min 600 x 600mm 3.6m ladder off a level platform, only if safe and WHS requirements are met (see Work Health and Safety section)
Roof exterior Visual inspection from the best available vantage point. No walking on roof surfaces without a compliant fall-arrest system
Subfloor Inspector’s discretion Inspector’s discretion Subject to safe access and the Work Health and Safety section

Work Health and Safety — Roof, Roof Void, Subfloor and Confined Spaces

17. Every inspection is conducted in accordance with the Work Health and Safety Act 2012 (SA), the Work Health and Safety
Regulations 2012 (SA), and applicable SafeWork SA codes of practice and guidance (including on working at heights, fragile
roofing and confined spaces). Where any term of this Agreement is inconsistent with these obligations, the obligations prevail
and the inspection will be conducted, limited or declined accordingly.

18. Roof exterior: work at a height of two (2) metres or more is high-risk construction work under the Work Health and Safety
Regulations 2012 (SA) (from 1 July 2026), and walking on a roof without a compliant fall-arrest or edge-protection system is a
recognised fall hazard. The Inspector does not carry or use such equipment as a matter of course, and unless separately
arranged in advance will inspect the Roof Exterior visually only — from the best available ground-level or elevated vantage
point, by ladder, binoculars, camera, pole camera or drone — without walking on the roof. The Inspector does not warrant
that the roof or its components (including flashings) are, or will remain, watertight, as this can typically only be confirmed by
observation during prolonged rainfall.

19. Roof void and subfloor: in most residential properties, and particularly where the Property is occupied, electrical wiring and
fittings in the Roof Void cannot be isolated by the Inspector; where safety cannot be confirmed, the Inspector will inspect
from the access point/manhole only, using a torch and/or camera, without entry. Roof Voids and Subfloor Spaces may also
present confined-space characteristics (see SafeWork SA’s Confined Spaces Code of Practice and AS 2865), restricted
headroom, unstable footing, poor ventilation or lighting, pest contamination, or limited egress. The Inspector will not enter,
or will withdraw from, any such Area considered unsafe, or where a confined-space risk assessment or entry permit would be
required and has not been arranged. Deep or covering insulation may also obscure ceiling framing and increase fall risk; the
Inspector will not remove or lift insulation, and will limit the review to the hatch/access point where safe traverse cannot be
assured.

20. Where any Area is not physically entered or fully traversed for the reasons above, the Report will note the Area and reason.
The Client agrees the Inspector is not liable for any defect, damage or pest activity in an Area not accessed for Work Health
and Safety reasons — this is a Restriction on an Inspection. Nothing above limits the Inspector’s discretion to decline, pause
or cease any part of an inspection, for any Area, at any time, for reasons of health and safety.

External Cladding

21. The Inspector is not a fire engineer, fire safety consultant, building surveyor or accredited cladding assessor. The Inspection
Service does not include, and the Report will not contain, any testing, sampling, product identification or compliance
assessment of external wall cladding, insulation or facade systems against the National Construction Code, AS 5113, any
cladding rectification scheme, or other applicable requirement. No comment, representation or warranty is made as to
whether any cladding, render, panelling or insulation is, or contains, a combustible or flammable material (including
aluminium composite panels, polyethylene-cored panels, or expanded polystyrene systems). Any observation of cladding in
the Report is a general description of external finish only and must not be relied on as an assessment of combustibility, fire
performance or compliance. The Client should engage a suitably qualified and accredited fire safety or cladding consultant if
this is a concern, particularly for multi-storey, strata or commercial properties.

Limitations and Exclusions

22. The inspection is limited to accessible areas to which Safe and Reasonable Access is available and permitted at the time of
inspection, consistent with the Inspector’s Work Health and Safety obligations. Excluded areas may be the subject of a further
inspection on request, under a new pre-engagement agreement.

23. No invasive inspection is conducted (no cutting, breaking apart, dismantling, or moving of roofing, sheeting, ducting, foliage,
mouldings, debris, insulation, sarking, sisalation, coverings, sidings, fixtures, floors, pavers, furnishings, appliances or
possessions). For shower recesses, taps are turned on per AS 4349.1-2007 to detect apparent leaks (if connected); this may
not reveal leaks masked by sealant, and floor grading/fall ratios are not assessed — a qualified tradesperson should check this
before a purchase decision.

24. Stored or scattered goods, vehicles, boats, trailers, A/C units, ducting, foliage, vines and stored timber will hinder the
inspection process.

25. The Report is not a certificate of compliance with any Act, regulation or by-law, and is not a warranty or insurance policy
against future problems.

Warranties and Quality

26. The Inspector warrants they will inspect the Areas thoroughly and responsibly, subject to the applicable AS Standard, the
Inspector’s Work Health and Safety obligations, and any foreseeable or unforeseeable restriction.

27. The Client warrants they will not hold the Inspector liable for any Area that could not reasonably or safely be inspected, and
will not rely on the Report if a contract of sale becomes binding more than 30 days after the inspection date, as conditions
may change (e.g. weather, furniture removal, occupant damage, land settling) — a re-inspection is essential in that
circumstance.

Indemnity

28. The Client indemnifies the Inspector against:

a) third-party losses or claims arising from use of the Report;
b) any claim relating to inaccurate valuation of the property;
c) any defect not evident by visual assessment, including within an Area not accessed for Work Health and Safety reasons;
d) any claim relating to the combustibility, flammability or compliance of external cladding (see ‘External Cladding’ section);
and
e) termination of this Agreement by the Inspector (see ‘Default and Termination’).

Complaints Procedure

29. The Client must notify the Inspector of any dispute as soon as possible by email or mail, and allow the Inspector to visit the
Property within 28 days of notification to investigate. A written response will be provided within 28 days of the inspection
date. If unsatisfied, the Client must, within 21 days of that response, refer the matter to a mediator nominated by the
Inspector from the Institute of Arbitrators and Mediators of Australia, with costs shared equally or as agreed in settlement. If
the Client commences litigation without following this procedure, the Client indemnifies the Inspector for costs and fees
incurred in having it set aside or adjourned to permit this procedure to complete.

Third Party Disclaimer

30. The Report is for the Client’s use and benefit only. No liability is accepted to any third party who relies on it; any such reliance
is at that party’s own risk.
Default and Termination

31. The Inspector may terminate this Agreement at any time prior to the inspection commencing, for any reason, including
weather, non-payment, or any safety concern (including under ‘Work Health and Safety’); only the Inspector may terminate.
If the Inspector’s fee is refunded for any reason, any Report provided is deemed invalid and annulled.
Severability

32. An invalid term is severed only to the extent required by the relevant jurisdiction; all other terms, and the balance of this
Agreement, remain in force.

Bar on Claims

33. The Client is barred from making a claim against the Inspector by virtue of the Client’s Acknowledgements above.

Acknowledgement

34. The Client agrees to read the Report in full before making decisions about the Property, to contact the Inspector with any
questions, and confirms this Agreement has been read and understood.

DEFINITIONS

1) Acknowledgement: a matter the Client is fully aware of, has considered, and accepts unconditionally.

2) AS Standards: AS 4349.0, AS 4349.1-2007, AS 4349.2 and/or AS 4349.3-2010 (and the AS 3660 series where stated), as applicable and as amended or superseded.

3) Client / Inspector: the parties named on the first page of this Agreement.

4) Confined Space: has the meaning in the WHS Regulations 2012 (SA) and SafeWork SA’s Confined Spaces Code of Practice; may
include certain Roof Voids and Subfloor Spaces.

5) Defect: a fault or deviation from the intended condition of a material, assembly or component (Major: requiring rectification to
avoid unsafe conditions or loss of utility; Minor: any other defect).

6) External Cladding: any external wall cladding, render, panelling, insulation or facade system, including composite-panel and
polystyrene-based systems.

7) Inspection Service(s): the services described in clause 2, including Pre-Purchase, Timber Pest, combined Building and Pest,
Staged/Progress, Practical Completion, and Special Purpose/Special Condition inspections.

8) Property / Report / Area: the property, and the document(s) and area(s) referred to in this Agreement, respectively.

9) Roof Void: the roof space/interior of the Property, as distinct from the Roof Exterior.

10) Safe and Reasonable Access: excludes destructive or invasive methods and moving furniture or stored goods, and is always
subject to the Inspector’s Work Health and Safety obligations.

11) SafeWork SA: South Australia’s work health and safety regulator.

12) Timber Pests: subterranean and dampwood termites, and wood-destroying agents including chemical delignification, fungal
decay, wood borers and termites.

13) WHS Laws: the Work Health and Safety Act 2012 (SA) and Regulations, and applicable SafeWork SA / Safe Work Australia codes
of practice and guidance, as amended.

VERY IMPORTANT

For a Building Inspection ordered under AS 4349.1-2007 only: no timber testing, tapping or probing is conducted, and moisture
detection equipment is used only to detect rising damp or leaks — not termites or termite nests. The Client is strongly advised
to also order a Timber Pest Inspection under AS 4349.3-2010. The Inspector cannot and will not be held liable for any termite
infestation or damage subsequently found at the Property.

If anything in this Agreement is not understood, the Client must contact the Inspector before the inspection begins for
clarification. Failure to do so means the Client has read and understood this Agreement in full.

By clicking Agree, you confirm that, I
have read and understood the above terms and conditions of the Pre Inspection Agreement issued by Key Property Inspections in relation to the inspection ordered for