Residential Building Inspections

1. Types of Inspection

Pre-purchase Building Inspection

A Pre-purchase Building Inspection is intended to assist prospective buyers in understanding the condition of the property and identify visible defects or problems that may be present.  This Inspection Report provides general comments as to the condition of the property at the time of inspection. It does not provide an indication of value, worth or suitability of the property.

Maintenance & Condition Building Inspection

A Maintenance & Condition Building Inspection is intended to assist landlords, property managers or owners to understand the current condition of a property for maintenance or general information purposes. This Inspection Report provides general comments as to the condition of the property at the time of inspection. It does not provide an indication of value or worth of the property.

Weathertightness Risk Inspection

A Weathertightness Risk Inspection is intended to identify signs of moisture intrusion, external defects, and risk as associated with poor weathertightness, including issues with cladding or other building systems.

2. Scope of Inspection

The building inspection will be a non-invasive, visual examination of accessible areas of the property in accordance with NZS 4306:2005. The inspection is intended to identify and report on the condition of the property, as well as identify visible defects or problems that may be present.

The Inspection Report is prepared based on the visible condition of the building at the time of the inspection.  Visual inspection is limited to those areas of the building which are reasonably and safely accessible. Some defects may not always be visible due to the size, complexity and/or accessibility of the building or area.

The scope of the Pre-Purchase Building and the Maintenance & Condition Inspection Report's include an assessment of:

• Structural elements (visible parts of foundation, floors, framing)
• Roofing (internal and external where safe access is available)
• Exterior cladding
• Fences, drives, paths, retaining walls, garages, sheds and sleepouts
• Interior walls, ceilings, floors, windows, and doors
• Plumbing services for visible leaks or damage
• Electrical services using a non-invasive voltage detector
• Drainage services for visible blockages or damage
• Internal moisture indications using a non-invasive moisture meter

The scope of the Weathertightness Risk Report includes an assessment of:

• Structural elements (visible parts external and internal cladding systems, windows and other risks junction)
• Roofing (internal and external where safe access is available)
• Use of non-invasive moisture meters in accessible internal areas
• Weathertightness Risks as described in NZS 4306:2005 and known weathertightness design failures (e.g. flat roofs, no eaves, monolithic cladding).

The scope of all Inspection Reports does NOT include:

• Invasive investigation or dismantling of walls, cladding or other structural elements
• Inspections of areas such as roof cavity or subfloor areas without safe and reasonable access
• Operational testing of gas or appliances
• Assessment for compliance with the building code, consents, or the requirements of any legislation (including any act, regulations, by-laws etc.) including but not limited to the Building Act 2004, Health and Safety in Employment Act 1992, or the Resource Management Act 1991
• Testing for hazards such as asbestos or toxic mould.
• Detailed Weathertightness Risk assessment as described in NZS4306:2005 (useless specifically requested)
• Methamphetamine testing
• Structural engineering assessments
• Seismic standard status reports
• Valuation, cost estimates, or permit checks
• Assessment of the legal title of the property or survey of the property

The Inspection Report does not guarantee the future condition of the property and must not be construed as the Inspector’s guarantee, insurance, or warranty. Any descriptions presented within the Inspection Report are based on trade knowledge and experience of the Inspector.

The Client accepts that some defects may not be identified because

• the defect only occurs intermittently
• the defect only occurs after regular use
• the defect has been deliberately concealed or
• the Client, vendor, real estate agent or other person has given the incorrect information and/or the defect was not apparent on a visual inspection.

3. Client Responsibilities

The Client is responsible for ensuring the inspection can be carried out as scheduled. This includes ensuring that the Inspector is granted full access to all relevant areas of the property at the agreed time.

The Client must therefore notify the real estate agent, property owner, manager or tenant that an inspection has been arranged, including the time and date of the inspection and request that any dogs or animals on the property are safely secured prior to the inspection.

If areas are locked, obstructed or inaccessible, they will be excluded from the Inspection Report.

If the Inspector is unable to complete the inspection because the Client has not advised the property owner, manager, or tenant, or has otherwise failed to make the property accessible, the inspection will be deemed cancelled. The cost of the inspection is non-refundable and the Client will be responsible for payment of the cost of any rescheduled inspection.   

If the Client has informed the property owner, manager, or tenant and access is still not provided (such as the owner, manager, or tenant not being present or refusing entry), the Client will not be held responsible for the inspection not proceeding, provided that the Client can supply reasonable evidence of having notified the relevant party. In such cases, the inspection may be cancelled or rescheduled, subject to the standard cancellation and rescheduling terms.

The Client must inform the Inspector of any known issues or areas of concern prior to the inspection.

4. Limitation of Liability

The Client acknowledges and agrees that the Inspector’s liability for any loss, damage or defect arising from the inspection of the Inspection Report is strictly limited. To the maximum extent permitted by law:

1. The Inspector shall have no liability for any matters outside of its reasonable control, including but not limited to:
   • Undetected issues that are not reasonably visible at the time of the inspection
   • Issues hidden behind cladding, internal finishes, or other concealed areas
   • Reliance on information provided by third parties
   • Any work carried out by third-party contractors based on this report
   • Any misrepresentation, reliance, or misunderstanding of verbal information provided
2. The total liability of the Inspector, whether in contract, tort (including negligence), or otherwise, shall be limited to a refund of the cost of the inspection paid by the Client.
3. The Inspector shall not be liable for any indirect, consequential, or incidental losses, including financial loss, loss of opportunity, or damage arising from reliance on the report.
4. The Client must notify the Inspector in writing of any claim arising from the inspection or report within 12 months of the date of the inspection. Claims made after this period shall be barred.

Nothing in this clause is intended to exclude or limit any liability that cannot lawfully be

5. Fees and Payment

The cost of the inspection is payable in full at the time of booking.

The cost of the inspection is determined by the number of bedrooms at the property.  For the purposes of these Terms & Conditions, a ‘bedroom’ means any habitable room intended or capable of use as a sleeping area, including home office, or other multipurpose rooms that are used or could reasonably be used for sleeping. This excludes kitchens, bathrooms, living rooms, dining rooms, hallways, garages or other non-sleeping areas.

If a client books an inspection for an incorrect number of bedrooms, or the Inspector deems during an inspection that a room qualifies as a bedroom that was not accounted for, the inspection will be amended and the client will be invoiced for any additional cost. The inspection will not proceed and the Inspection Report will not be released unless, full payment has been received.

All applicable fees, and payment instructions will be provided at the time of booking

6. Cancellations & Rescheduling of Inspections

If the Client wishes to cancel or reschedule a booked inspection, they must provide a minimum of 24 hours’ notice prior to the scheduled inspection time. Cancellations made with more than 24 hours’ notice will be fully refunded to the client’s nominated bank account within 10 business days. Cancellations made with less than 24 hours’ notice or if the inspection cannot proceed because the property is not accessible at the time of inspection, will result in the inspection cost being retained in full. The Client will be responsible for payment of the cost of any rescheduled inspection.  

Requests to reschedule an inspection with less than 24 hours will be considered at the discretion of the inspector and are subject to availability. If a reschedule cannot be accommodated, the booking will be treated as a cancellation and the inspection cost will be retained in full. The Client will also be responsible for payment of the cost of any rescheduled inspection. 

7. Complaints and disputes

The Client and the Inspector agree to make every reasonable effort to resolve any dispute, claim, or disagreement arising out of or in connection with the inspection or these Terms & Conditions in good faith.

Initial Resolution

• Any dispute must first be raised in writing by the Client to the Inspector within 7 days of becoming aware of the issue.
• The Inspector will respond within 5 business days and will make reasonable efforts with the Client to try to resolve the matter.

Mediation

• If the dispute cannot be resolved within 14 days of initial notification, both parties agree to refer the matter to mediation before any formal legal action.
• The mediation will be conducted by a mutually agreed independent mediator, or a mediator appointed by a recognised mediation body, if no agreement is reached.
• Each party will bear its own costs of mediation, but the costs of the mediator will be shared equally unless otherwise agreed in writing.
• The mediation process will be confidential, and no statements made during mediation may be used in any subsequent proceedings

Arbitration

• If the dispute is not resolved through mediation within 30 days, the matter may be referred to binding arbitration under the Arbitration Act 1996 (NZ).
• The arbitrator will be independent and mutually agreed or appointed by a recognised arbitration body.
• The arbitrator’s decision will be final and binding on both parties.
• Each party will bear its own legal and other costs, unless the arbitrator decides otherwise.

General Provisions

• Either party may seek urgent court orders if necessary to protect their rights.
• Both parties must continue to meet their obligations under these Terms & Conditions while the dispute is being resolved.

8. Ownership and Use of Reports

Inspection Reports remain the property of D-Construction NZ until full payment is received.

Reports are prepared for the sole use of the client named on the report. Reports may not be duplicated, altered, distributed or relied upon by third parties without written consent.

Reports are valid for a period of 30 days from the date of the report. After this time, the property will require re-inspection to determine the any changed circumstances.

9. Severance

If any provision of these terms is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision must, to the extent required, be severed from these terms and rendered ineffective as far as possible without modifying the remaining provisions of these terms and must not in any way affect any other circumstances of or the validity or enforcement of these terms

10. Acceptance of Terms and Conditions

By completing the booking and making payment for the inspection, the Client acknowledges that they have read, understood, and agree to be bound by these Terms & Conditions in full.