Whenever you buy property in Australia, it is important to have it inspected beforehand so you know if you can file a claim.
You should do your homework as a possible buyer of a building and have it inspected by professionals before paying anyone any amount of money.
What is a building inspection?
Simply put, a building inspection is when a professional visually inspects the building for any areas of concern. The buyer must be present when the inspection happens so that they are aware of what the professional might take note of.
The inspection covers exterior and interior aspects of the building. The report should provide information such as:
- an overview of any structural problems;
- advice on necessary repairs;
- notification of any hazards or missing safety features; and
- an evaluation of building additions and sundry structures (such as sheds, patios, fences and driveways).
A plumber and engineer may also give their input and give specific details about the investigation.
The Difference Between Minor and Major Defects
Structural defects are divided into two kinds:
Minor defects: these are defects that are small but noticeable, such as cracks or uneven finishings. These types of defects should not affect the structural integrity of the building but they do play a role in the aesthetics of the structure. These types of defects aren’t enough to warrant a termination of the contract.
Major defects: major defects are issues that affect the load-bearing parts of the structure such as the foundation, walls, and roof trusses. As such, this will make the building unfit and unsafe to use and will usually lead to a termination of the contract.
Aside from investigating any defects in the structure, a pest inspection is also pertinent. A professional pest investigator will look into the building and check if there are infestations of any kind, especially ones that will affect the people who will eventually inhabit the building.
Your Rights and Building Inspections
A building inspector must be licensed to be able to do inspections on structures that are up for sale under the Queensland Building and Construction Commission Regulation 2018.
Most, if not all buyers hire a building inspector to have a structure investigated before shelling out money.
In Queensland, a real estate contract is conditional. This means that the buyer, after inspection, will have the right to push through or waive the contract based on the results of the building inspector’s investigation. The report may be presented in 3 ways:
- the report is satisfactory;
- the condition for a satisfactory report is waived; or
- the report is unsatisfactory (or was not received by the relevant deadline) and the contract is terminated.
If the buyer fails to present a report on a given the deadline, the seller can terminate the contract and offer the sale to another potential buyer.
Claims against a building inspector
The buyer will contract the services of a licensed building inspector. It is expected that the building inspector must carry out the inspection with due diligence and care. They must come up with a report that is in accordance with Australian Standard 4349.1-2007 “Inspection of buildings, Part 1: Pre-purchase inspections—Residential buildings”. If the inspector doesn’t do his job right, he can be sued by the buyer.
Professional negligence
The building inspector has a responsibility to do their duty and be able to inspect a structure that will pass local standards. Inspections are important because these structures will be buildings that will house people in the future; as such, an inspection must be done thoroughly.
If the inspector fails to do his job right, they can be sued for negligence.
As a buyer it is also important that you seek the advice of a lawyer before breaking the lease so you are aware of your rights.
