Terms and Conditions for Commercial Schedule of Condition

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.

1) Schedule of Condition report overview
2) Scope – What the Service Includes
3) Client Obligations
4) Limitations of service
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 electrics
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) Data Protection
10) Consumer Rights
11) Confidentiality and Ownership
12) Complaints policy
13) Acceptance of Terms
14) Contact Information
15) Termination

1. Report overview

A commercial schedule of condition conducted by an engineer is a detailed inspection of the specified building and provides you with a detailed report outlining the current condition of the building and any necessary repairs or maintenance.

2. Scope – What the Service Includes

i) One visit to the commercial property (single unit, multi-unit), unless quoted otherwise. The schedule of condition includes a visual inspection to ascertain the condition of the property at a specific point in time.
ii) A Schedule of Condition 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 current condition of the property.

3. Client Obligations

i) Clients must understand and accept these terms and conditions, including limitations, to book this service.
ii) It is the client’s responsibility to ensure that full access is provided to the property, both inside and outside, on the day of the inspection.
iii) Where health & safety inductions are required to enter the property, this must be organised by the client and must take place at the beginning of the site visit before the inspection commences.
iv) Clients must consult with their legal advisor to fully understand and accept the extent, limitations and exclusions of this service before signing legally binding contracts.
v) 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. It is the client’s responsibility to follow up on items listed in the report as recommendations or further investigation.
vi) 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 inspection) clients should take photographic evidence and forward this by email immediately to our office. See contact information below.

4. Limitations of Service

4a) General

i) The schedule of condition 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 schedule of condition service includes one visit to the property.
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 roof of the property will be inspected when appropriate.
v) The report does not comment on building regulation compliance.
vi) The report comments on the condition only of the property boundary.
vii) This service does not include planning searches, reviewing planning documentation, other files, maps, etc and/or making inquiries with statutory agencies or local Planning Authorities.
viii) We do not provide a BER report as part of the service.
ix) 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.
x) 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 condition service.
xii) If for any reason a re-check or re-inspection is required, an additional fee will be quoted and charged accordingly.

4b) Damp/Leaks

i) Our visual inspection will report on active leaks that are visible at the time of the site visit. 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. The inspection excludes liability for leaks that latently occur during weather conditions not replicated at the time of the site visit.
ii) This condition 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 inspection. For example, visual evidence of dampness could be hidden from view by furniture, stock/equipment 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.

4c) Property contents and occupancy

i) Contents in a building restrict or deny visual and/or physical access to some areas, e.g., stock/equipment in storage rooms, attic space packed with boxes, fixtures and fittings in rooms, personal possessions in rooms etc. The engineer will make their best assumptions where industrial equipment, walls, carpets, heavy furniture etc, in place restrict access.
ii) No moving of stock, equipment, furniture, personal belongings etc., will be carried out during the inspection.

4d) 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 the inspection.

4e) Accessibility, Voids, and Concealed Areas

i) The inspection can take no account of works covered up, inaccessible or otherwise obscured from view e.g., office furniture, industrial equipment, stock, fittings, clothing, personal belongings etc.
ii) Where areas of the property are unexposed, covered, or inaccessible, no definitive opinion can be given on their condition.
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) 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.
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.
vii) Where applicable, the internal roof areas will only be inspected if there is safe access available within 3 meters from ground level. Engineers will not utilise elevated platforms or gantries to inspect roofs exceeding a height of 3 meters.
viii) 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.
ix) Where applicable, a drone camera will be used to inspect the roof of the property if the roof is not visible by the means listed above and if the property is located in a legal flight zone.
x) 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.

4f) 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 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 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 e.g., air conditioning units, geothermal systems, sprinkler systems, security alarms, solar panels, and any appliances.

4g) Deleterious and Hazardous Materials

i) This condition 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.

4h) Tree / Vegetation Proximity and Invasive Plantations

i) This schedule of condition 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.

4i) 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 informational 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 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.

6. Property Walk-Through

i) It is advised, without exception, that before finalising contracts and taking possession of the property, clients take a final walk-through of the property and grounds with the estate agent/landlord.
ii) The walk-through should take place after the removal of stock, equipment not included in the lease vendors’ personal possessions etc.
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 inspection 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) 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. 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.

10. 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.

11. 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.

12. 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: –

- Online complaint form

- Call 0818 787839

- Email: info@propertyhealthcheck.ie

- Post: Property Health Check Ltd Ltd., 20 Main Street, Kenmare, Co. Kerry

13. Acceptance of Terms

By booking and paying for this service, clients acknowledge and agree to be bound by these terms and conditions.

14. Contact Information

For any queries regarding these terms please contact us at info@propertyhealthcheck.ie or 0818 787 839.

15. 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.