Terms and Conditions for Commercial Schedule of Dilapidations

To understand what is included and not included in your report it is essential and recommended that the following terms and conditions are read in full. By booking our services you are agreeing to these terms.

Contents

1) Schedule of Dilapidation report overview
2) Scope – What the Service Includes
3) Limitations of service
a) General
b) Property contents and occupancy
c) Redecoration
d) Accessibility, voids, and concealed areas
e) Mechanical, electrical, and heating services – plumbing, heating, drainage, septic tanks, wells, ventilation and
a/c systems, electrics or information and communications technology
f) Deleterious and hazardous materials
g) Tree/vegetation proximity and invasive plantations
h) Land Contamination
4) Price and payment
5) Report issue
6) Liability, confidentiality, and ownership
7) Termination

1. Report overview

A commercial schedule of dilapidation conducted by an engineer is a detailed inspection of the specified building and provides you with a detailed report outlining breaches in the specified lease, remedial works required and estimated costings.

2. Scope – What the Service Includes

i) Review of the lease provided by the client. Relevant lease clauses only to be reviewed by the engineer, including e.g., demise, repair, decoration, alterations, and reinstatement.
ii) Review of the schedule of condition prepared at the beginning of the lease, as provided by the client.
iii) One visit to the commercial property (single unit, multi-unit), unless quoted otherwise.
iv) Preparation of a schedule of condition 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 condition of the property at a specific point in time.
v) Issue of a schedule of dilapidations. Any amounts included in the schedule are cost/price estimates only, based on the experience and judgment of the engineer at the time of inspection.
vi) 2 hours of engineer’s time (desk work only) – post-inspection – is included in the service to cover additional items involved in finalising the dilapidations claim. Additional time required will incur additional fees at an hourly rate.

3. Limitations of Service

3. a) General

i) The schedule of dilapidation 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 dilapidation 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 dilapidation service.
xii) 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.
xiii) 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.
xiv) If for any reason a re-check or re-inspection is required, an additional fee will be quoted and charged accordingly.
xv) It is the client’s responsibility to ensure that all information about the property, including the lease, existing schedule of condition and Scott schedule (where relevant) is provided at the time of booking this service.
xvi) Any costs included in the report are an estimated figure based on the engineer’s experience and judgment at the time of inspection. If detailed prices/costs are required, this may incur additional time and an additional fee.

3. b) 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.
iii) Inspection of fixtures and fittings is not included in the service.

3. c) 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.

3. d) 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.

3 e) Mechanical, Electrical and Heating Services – plumbing, heating, drainage, septic tanks, wells, ventilation and air conditioning systems, electrics, or ICT

i) Mechanical, electrical, and heating services are not inspected as part of the service. The engineer will make comments 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.)
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.

3 f) Deleterious and Hazardous Materials

i) This dilapidation report is not an inspection of the presence of any deleterious and hazardous materials within the property, neither will we undertake or commission inspections or laboratory tests to determine or confirm the presence, extent, or precise nature of any deleterious and hazardous materials e.g., alkaline cement, lead, asbestos, pyrite and mica/pyrrhotite.
ii) No liability is accepted for future defects found in the property arising from the use of defective stone fill.
iii) If the engineer makes a comment in the report on deleterious and hazardous materials it is provided for limited informational purposes only and should not, under any circumstances, be deemed conclusive.
iv) To determine the existence/non-existence or extent of any deleterious and hazardous materials 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 closing.

3 g) Tree / Vegetation Proximity and Invasive Plantations

i) This schedule of dilapidation 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 closing.

3 h) 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 closing.

4. 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.

5. 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.

6. Liability, Confidentiality, and Ownership

i) Liability is limited to a maximum amount equal to the fee paid for the schedule of dilapidation.
ii) Ownership of the report passes to the client upon receipt by Property Health Check Limited of full payment.
iii) 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 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.

7. 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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