RACV Property Inspections Terms and Conditions

These terms and conditions are between you and PropertySafe Holdings Pty Ltd. All Services covered by this Agreement are supplied or arranged by PropertySafe Holdings Pty Ltd under the brand ‘RACV Property Inspections’.

Throughout this Agreement a reference to “RACV Property Inspections” “we”, “us” or “our” is a reference to PropertySafe Holdings Pty Ltd.

Agreement means these terms and conditions.

Consequential Loss means any loss of income, loss of revenue, loss of profit, loss of financial opportunity, loss of business or loss of business opportunity, loss of goodwill, loss of use or loss of production or financing costs, whether present or future, fixed or unascertained, actual or contingent.

Effective Date means the date on which you accept these terms and conditions.

Inspection means the particular type of inspection that you need performed on your Property.

Inspection Date means the date on which your Inspection is scheduled to be completed by your Inspector.

Inspector means the inspector allocated to your Inspection.

OHS Legislation means the Occupational Health and Safety Act 2004 (Vic) and Occupational Health and Safety Regulations 2017 (Vic).

Personal Information means your personal information collected by RACV Property Inspections in connection with the Property, the Inspection and the Services carried out.

Property means the property at which the Inspection is to be conducted.

Purpose means the purpose of the particular type of Inspection and the accompanying Report, as described in section 3 of this Agreement.

RACV means Royal Automobile Club of Victoria (RACV) Limited (ABN 44 004 060 833).

RACV Property Inspections means PropertySafe Holdings Pty Ltd (ABN 28 610 176 504).

Report means the written record created by the Inspector containing an assessment of the condition of the Property, any issues identified and any recommendations arising from the Inspection.

Services means the services provided by RACV Property Inspections to you, including the arrangement of Inspections, the completion of your Inspection, preparation and provision of Reports and the preparation and provision of invoices.

you/your/Report Purchaser means the person, or company to whom this Agreement and the Report is addressed.

A.  RACV Property Inspections provides the following types of Inspection::

i. Child Safety Inspection: the purpose of which is to identify potential risks and hazards in the home to make the home safer for children.  This is provided in the form of a residential property inspection which seeks to provide recommendations to you in a Report regarding the safety condition of the property on the date of Inspection;

ii. Senior Safety Inspection: the purpose of which is to identify health and safety issues in a residential property tailored towards Seniors. This is provided in the form of a residential property inspection which seeks to provide recommendations to you in a Report regarding the safety condition of the property on the date of Inspection is provided.

iii. Rental Requirements Inspections: the purpose of which is to comply with the current minimum rental standards and gas and electrical legislative requirements under the relevant residential tenancies legislation. Each report will highlight compliance to the requirements for Rental Providers and provide recommendations to the report purchaser in a Rental Requirements Inspection Report regarding the compliance of the property on the date of Inspection. The Rental Requirements Inspections comprise of 3 types:

Minimum Rental Standards Inspection: - This inspection is the offering for rental providers which includes the compliance requirements to meet the minimum rental standards on their property related to amenity, safety, and privacy.

Gas Inspection: This inspection covers gas safety checks to ensure gas appliances are up to date in accordance with the relevant residential tenancies legislation. Gas appliance issues are considered urgent, and checks are required every 2 years.  (This inspection can only be purchased as an add on to the Minimum Rental Standards inspection).

Electrical Inspection: This inspection covers electrical safety checks to ensure the electrical installations & fittings in a rental property are compliant with the relevant residential tenancies legislation. Electrical appliance issues are considered urgent, and checks are required every 2 years (This inspection can only be purchased as an add on to the Minimum Rental Standards inspection).

A. This Agreement defines the scope and limitations of the Inspection. Before you decide to act upon the Report you must read and understand all of the information contained in this Agreement. It will help explain what is involved in an Inspection, the difficulties faced by an inspector and why it is not possible to guarantee that your Property is free of safety hazards or defects, latent or otherwise. If there is anything contained within the Report that is not clear or you have difficulty understanding the Report, please contact the Inspector prior to acting on the Report.

B. By relying on the Report, you agree that you understand and acknowledge any specific scope and limitations set out in this Agreement or the Report. 

A. Inspections are only available for residential properties and are only available to be purchased by home-owners (including rental providers). Inspections are not available to be purchased by tenants.

B. Inspections can be booked across Victoria; however, all bookings are subject to availability and service may not be possible in all areas. If RACV Property Inspections are unable to fulfil your requested booking, the Inspection will be cancelled, and a full refund will be provided. Appointment times are subject to the availability of the allocated Inspector.

A. The Report is not an all-encompassing report that deals with all aspects of the Property. The recommendations are limited to:

i. residential health and safety issues where there are reasonably foreseeable risks that could result in sickness, injury or death; and

ii. for Rental Requirements Inspections, recommendations which address the current minimum rental standards and gas and electrical legislative requirements under the relevant residential tenancies legislation 

B. The Report is prepared on the basis that the use of the Property will continue as a residential property and is not suitable for Workplace Health and Safety purposes.

C. Unless you order a Gas or Electrical Inspection:

i. the Inspection comprises a visual assessment of the Property to identify residential safety hazards at the time of Inspection; and

ii. your Inspector is not an expert in building, electrical, plumbing, glazing, gas fitting, structural engineering or pest detection.

D. If your Inspection is a Gas or Electrical Inspection, your Inspector will hold the relevant gas or electrical trades licence and the Inspection will comprise of a visual, non-intrusive observation

A. The Report is intended to be used for the Purpose only. The findings are specifically and confidentially for the Report Purchaser named on the face page of the Report to evaluate the risk level and need for action. 

B. The Report is not for determination of the Property sale value, mortgage or security valuation or lease rate. 

C. To the extent permitted by law, we are not responsible for any liability, loss or damage (whether direct, indirect, special or consequential) whatsoever and however arising from or in connection with your use of the Report outside of the Purpose, whether that liability, loss or damage was caused by delay, error or omission, negligence, negligent misstatement or otherwise. 

D. We will not be liable for any loss, damage, cost or expense, whatsoever, suffered or incurred by any person other than the Report Purchaser in connection with the use of the Report.

A. Reports will be sent as electronic copies to your nominated email address.

B. Where a Report was commissioned via your real estate agent or property manager, you expressly authorise us to provide them with a copy of the Report (which we will do unless otherwise advised by you to us in writing).

A. Only areas to which safe and reasonable access is available are inspected. Safe access means areas where safe, unobstructed access is provided and the minimum heights or clearances specified below are available, or where these clearances are not available, areas within the inspector’s unobstructed line of sight and within arm’s length. The inspector has sole discretion in determining safe access to any area of the property.

a. Ceiling height must be above 1.6m.

b. Smoke alarms must be accessible from a 1.8m ladder on the floor.

B. Reasonable access does not include removing screws and bolts to access covers, the use of destructive or invasive inspection methods or the moving of heavy furniture, floor coverings or stored goods.

C. You must notify RACV Property Inspections in advance and prior to the Inspection commencing of any risks to health and safety, including any unsafe conditions at your Property that may affect the performance of the Inspection. RACV Property Inspections reserves the right to refuse to perform any Services at the Property without any liability to you, if in the Inspector’s reasonable opinion your Property is not a safe working environment, until such time as the Property has been made safe.  Any such delay or suspension of the Inspection ill not constitute a breach of this Agreement.

D. RACV Property Inspections reserves the right to reschedule any work at your Property without any liability to you, if in the reasonable opinion of RACV Property Inspections, performance of such works would breach RACV Property Inspections obligations to its employees and contractors under the OHS Legislation (for example, during wet weather or extreme heat).

E. RACV Property Inspections reserves the right to refuse to perform any Services if you (or any person associated with you) is acting or behaving in a manner that is inappropriate, improper, hostile, threatening, abusive or dangerous (whether at your Property or by phone).

The Report includes inspecting and reporting on the following:

A. Area/s of the Property inspected: 

i. The interior and exterior of the home and outbuildings within 20 metres of the main dwelling. 

ii. If the Property inspected is part of a Strata or Community Title, inspection is limited to the interior of the unit, the main public entry door and foyer and subsequent pathway to the unit door, including the main stairwell up to 3 levels, as well as the immediately adjacent external area (within 2 metres) of the main entry door of the building. 

iii. When the unit is 4 levels or higher or accessed by an elevator no inspection is made of any stairwells although the inspection does include the pathways from the main entry to the elevator and the elevator to the unit door. Any obvious safety risks noticed during entry to the building may also be noted in the Report.

B. Item/s inspected in Rental Requirements Inspection:

i. Locks

ii. Window coverings

iii. Windows 

iv. Lighting 

v. Smoke detectors 

vi. Safety switches 

vii. Toilets

viii. Bathroom facilities 

ix. Kitchen facilities 

x. Laundry facilities

C. Conditions inspected for: 

i. Ventilation

ii. Heating

iii. Hot water temperature

iv. Mould and dampness

v. Any obvious* dangerous building, electrical, plumbing, vermin, gas leaks or pest infestation.

D. Gas Inspection only

i. Gas appliances

ii. Gas leaks

E. Electrical Inspection only

i. Fixed electrical fittings, installations and appliances

ii. Testing of polarity ,earth continuity and RCD.

* Obvious means: items clearly visible to a reasonable person that is NOT an expert in building, electrical, plumbing, glazing, gas fitting, structural engineering or pest detection.

The Report does not include inspecting and reporting on the following:

A. Area/s not inspected: 

i. Roof surface and void

ii. Attics

iii. Sub-floor

iv. Crawl spaces

v. Walk-in-robes or cupboard extensions

vi. Wall cavities

vii. Below carpets

viii. Behind furniture and storage

ix. Retaining walls, dams and waterways

x. Any structure further than 20 metres from the main dwelling

xi. Any area not clearly visible from ground.

B. Item/s not inspected: 

i. Ceiling insulation

ii. House wiring

iii. Water and gas pipework

iv. Fireplaces

v. Fixed heaters

vi. Hot water systems

vii. Portable electrical equipment

viii. Furniture

ix. Storage

x. Water features

xi. Security/alarm equipment including grills, cameras and alarms

xii. Pool pumps and pool fittings

C. Condition/s not inspected for: 

i. Presence of asbestos, lead paint, soil contamination or toxic conditions including chemical storage

ii. Subfloor ventilation

iii. Health of trees

iv. Home occupier activity

v. Lighting adequacy or night-time visibility with regard to safety or security

vi. The presence of power points within the splash zone of flexible handheld shower units. 

vii. We do not inspect, test or operate any appliance or fitting other than those explicitly stated as part of the Inspection.

A. Unless otherwise specified in section 10, the Report is limited to those areas and sections of the Property fully accessible and visible to the inspector on the date of inspection.

i. No destructive measures are taken in the process of the Inspection. 

ii. The Inspection does not include breaking apart, dismantling, removing or moving objects including, but not limited to, foliage, mouldings, floor or wall coverings, sidings, ceilings, floors, furnishings, appliances or personal possessions. 

iii. The Inspector cannot see inside walls, between floors, inside roofing or eaves, behind stored goods in cupboards, or other areas that are concealed or obstructed. 

iv. The inspector does not dig, gouge, force or perform any invasive procedures. 

v. In an occupied property it must be understood that furnishings or household items may conceal defects which may only be revealed when the items are removed. 

vi. No Inspection is inferred for any object, structure or fitting that cannot be clearly observed from ground level.

B. Nothing contained in the Report implies that any inaccessible, partly inaccessible or obscured area of the property is free from defects.

C. No responsibility can be accepted for defects which are latent or otherwise not reasonably detected on a visual inspection without interference with or removal of any of the structure including fixtures or fittings within the building. 

D. You agree that we cannot accept any liability for our failure to report a defect concealed, blocked or covered by furniture, fittings and/or occupant possessions at the time of inspection and you agree to indemnify us against any third-party claim arising from any failure to find such concealed defects.

E. Balcony, deck and veranda inspections are limited by the scope of the standard Report. We are not and do not purport to be experts in the field of construction and structural engineering. Where there are any concerns about balcony, deck or veranda constructions, it is highly recommended that they are inspected by a structural engineer to verify integrity, design and compliance.

F. The standard Report includes inspection for the presence/absence of safety glass in high-risk slip, trip and fall situations although we are not and do not purport to be experts in this field. It is highly recommended that all glass situated in high-risk situations be inspected by a qualified glazier.

G. The Report cannot make informed comment upon hazards or defects that may be subject to the prevailing weather and light conditions including but not limited to the adequacy of lighting, the potential for slipping on wet exterior surfaces or sources of leakage and moisture.

H. The Inspection does not look for or report on Timber Pest Activity unless an AS4349.3-2010 Timber Pest Inspection is specifically ordered and noted on the front page of the Report.

I. The Inspection is not a Building Inspection and does not look for general building issues. If required or recommended, you should order an AS 4349.1-2007 Building Inspection by a qualified, licensed and insured Building Inspector.

J. The Inspection is not a Bushfire Hazard assessment. If the property is in a Bushfire Zone you should have an inspection carried out in accordance with AS 3959 for buildings in Bushfire Prone Areas.

K. The Report is not a compliance report for building regulations such as the National Construction Code, Building Code of Australia, State or local regulations. The property is taken to have complied with all applicable building codes and regulations at the time of construction and to have maintained compliance with any subsequent modification or addition. You agree that we cannot accept any liability for any non-compliance of the building to all applicable building regulations at the time of inspection.

L. ASBESTOS: The Property is not inspected for asbestos (including Magnesite). If asbestos or materials containing asbestos happens to be noticed, then this may be noted in the Inspectors Notes. Advice should be sought from an Asbestos expert.

M. LEAD PAINTS: No attempt is made to ascertain whether lead paints are present. Investigation requires the paint to be disturbed whereby special precautions are needed. 

N. If the Report recommends another type of inspection or investigation, then you should do this within a reasonable time period based on the severity of the item raised. If you fail to follow our recommendations, then you agree and accept that you may face penalties or suffer a financial loss and indemnify us against all losses that you incur resulting from your failure to act on our advice.

O. Any quoting information, measurements and images provided in the Report are provided as an aid only to determine the possible costs of rectification and are not purported to be the sole information source required to determine costs. We accept no liability for any estimates based on information provided in the Report.

P. Any recommendations for specific trades, skills or qualifications in the Report are provided as an aid only to enable further investigation or repair arrangements to be made and are not purported to be the sole or necessary trades, skills or qualifications required to effect repairs. We accept no liability for any services provided by third parties based on information provided in the Report.

Q. Reports denoted as Sample or Promotional on the cover page or within the document body are for illustration purposes only. These reports may not be fully representative of the standard Inspection or Report process and are provided without warranty. Such reports must not be relied upon for any particular purpose, and we accept no liability for their content or accuracy. 

A. You agree to and accept the terms of this Agreement and agree to make payment in accordance with the specific payment terms.

B. You will be asked to make payment for your Inspection (at your election):

i. online by credit or debit card; or

ii. over the phone

C. RACV Property Inspections will send you a confirmation receipt following your Inspection order.

A. RACV Property Inspections warrants that:

i. your Inspection will be carried out in a proper and workmanlike manner with due care, attention and skill; and

ii. the Inspection will be carried out in accordance with, and will comply with, all applicable legislative requirements.

A. Nothing in this Agreement excludes any liability implied or imposed by any laws (including the Australian Consumer Law) that cannot be lawfully excluded or limited. Where RACV Property Inspections can limit its liability under the Australian Consumer Law, RACV Property Inspections limits such liability to the following (at RACV Property Inspections option) for: 

i. goods, the replacement of the goods or the supply of equivalent goods, the repair of goods, the payment of the cost of replacing the goods or of acquiring equivalent goods; or

ii. services, the supplying of the services again, or the payment of the cost of having the services supplied again.

B. Subject to section 15A as far as possible, where the Services are not ordinarily acquired by you as a consumer (as defined in section 3 of the Australian Consumer Law) for personal, domestic or household use pursuant to section 64A of the Competition and Consumer Act 2010 (Cth) - Schedule 2 (Australian Consumer Law) and/or similar provisions in State legislation, RACV Property Inspections liability shall be limited for to either of the following as the RACV Property Inspections in its sole discretion may determine:

i. the resupply of the services; or

ii. the payment of the cost of having the services supplied again.

C. Subject to sections 15A and 15B, if RACV Property Inspections is found to be liable to you in connection with this Agreement, the liability of any of RACV Property Inspections, its servants or agents is limited to a sum not exceeding $10,000 (which shall include legal costs) in respect of the aggregate of all claims during any consecutive period of 12 months.

D. To the extent permitted by law, RACV Property Inspections will not be liable to any person for any Consequential Loss in connection with this Agreement, howsoever arising. 

E. RACV Property Inspections shall not be liable for any default or failure to perform its obligations under this Agreement where the failure or default arises from acts of God, wars, acts  of terrorism, accidents, fires, explosions, earthquakes, lightning strikes, floods, pandemics, strikes, industry disputes, shortage of parts, any action by you including any interference with misuse, damage or abuse to the Inspection or Report by you and/ or other person, any failure by you to perform your obligations under this Agreement or any other circumstance beyond the control of RACV Property Inspections.

A. In order for RACV Property Inspections to provide you with the Services under this Agreement you agree to provide Personal Information. You acknowledge and agree that RACV Property Inspections and its third-party technology and cloud storage providers may:

i. collect, monitor and store information to provide the Services in connection to you;

ii. disclose information (including Personal Information) to third parties for the purpose of providing you with the Services and to those who provide RACV Property Inspections with Services, including Inspectors;

iii. use Personal Information collected through the Services to promote products and services to you; and

iv. retain and use information collected through the Services as described in this Agreement or as otherwise permitted by law.

B. By providing Personal Information to RACV Property Inspections you acknowledge and consent that we may disclose it on a confidential basis to the following entities: RACV, Home Trades Hub Australia Pty Ltd, Club Home Response Pty Ltd, our Inspectors, law enforcement agencies, lawyers, recovery agents, advisers, and the agent of any of these, to assess your requirements for and to provide you the Services, and to calculate or offer any discounts issued to you by us or these entities.

C. RACV Property Inspections may also use and collect non-personal aggregate information, such as statistical and other anonymous information (including location information): 

i. to provide services to multiple third-party providers; 

ii. for research purposes to help RACV Property Inspections enhance and improve its services and to develop current and future services and functionality; and 

iii. for other purposes related to the RACV Property Inspections business. 

D. You acknowledge and agree that RACV Property Inspections may share non-personal aggregate information with third parties (this is a customary online practice). For example, RACV Property Inspections may provide a count of users from a particular area or utilise data in an anonymous manner to develop and improve other products. RACV Property Inspections will always ensure that any Personal Information has been removed before non-personal aggregate information is provided to third parties.

E. RACV Property Inspections use of any Personal Information will comply with all applicable legislative requirements and at all times be governed by the RACV Property Inspections Privacy Charter, a copy of which can be found at www.racv.com.au/privacy 

A. By providing RACV Property Inspections with your Personal Information you consent to RACV Property Inspections collecting and using your Personal Information for marketing purposes.

B. You must notify RACV Property Inspections if you want to change your consent for marketing purposes by contacting us using the details set out our Privacy Charter at https://www.htha.com.au/privacy-policy

C. Further, you agree to your Personal Information being disclosed to RACV and IAL and agree that RACV, IAL and their related bodies corporate may contact you with marketing and information about their products and services (including, to avoid doubt, products and service outside of services offered by the RACV Trades), discounts, special offers, competitions and invitations to special events until you opt out of receiving these communications. You agree that any contact details provided by you can be used for these communications including to contact you by post, phone, email and SMS. If at any time you wish to opt out from receiving these communications:

i. please let RACV know by using the "Opt Out" instructions in the RACV Privacy Charter (available at www.racv.com.au/privacy) or any opt out means provided in the communications; or

ii. by contacting IAL using the contact details set out in IAL's Master Privacy Policy at https://www.iag.com.au

A. All intellectual property rights in information, trademarks, logos, business processes, data and materials including without limitation all software, tools, know-how, or processes, used in relation to this Agreement shall remain RACV Property Inspections and its related entities exclusive intellectual property. You acknowledge and agree that you shall not acquire any rights, title or interest in or to any of our intellectual property rights.

A. RACV Property Inspections may subcontract the performance of all or any of its obligations under this Agreement to any person or firm without giving notice to you.

B. RACV Property Inspections may use one or more subcontractors, suppliers, vendors or licensors (collectively, “Inspectors”) to provide the Services. To the extent permitted by law, the limitations of liability in section 15 of this Agreement shall apply to the work, products or services that our Inspectors provide, and shall apply to them and protect such Inspectors in the same manner as it applies to and protects RACV Property Inspections.

A. Where RACV Property Inspections alters these terms and conditions, RACV Property Inspections will use reasonable endeavours to advise you of any such change by posting notification of changes on the following website Click here

B. The version of the terms and conditions applicable on the Effective Date will form part of the Agreement, regardless of updates that occur after the Effective Date.

A. You may not assign, transfer or otherwise deal with the rights under this Agreement without the prior written consent of RACV Property Inspections. 

B. RACV Property Inspections may assign, novate or otherwise deal with its rights and obligations under this Agreement in favour of a third party.

C. This Agreement will be governed by and construed in accordance with the laws in force in the State of Victoria and each party submits to the non-exclusive jurisdiction of the courts of that State.