TERMS

Exclusions

 

This report does not cover the following aspects:

• Drainage: This report does not compare onsite as built drainage with council drainage records.

• Significant Defects: Identification of significant defects within the building structure or its components.

• Particular Attributes: Specific attributes of the property that may impact its value or usability.

• Gradual Deterioration: Issues related to the gradual deterioration of building materials or structures over time.

• Significant Maintenance Required: Identification of areas requiring significant maintenance.

• Legal Title: Issues related to the legal title of the property.

• Building Warrant of Fitness and Services Prescribed on a Compliance Schedule: Compliance with building warrants of fitness and the services prescribed on a compliance schedule.

• Planning, Resource Consent Issues: Compliance with planning and resource consent requirements.

• Building Consent Issues: Compliance with building consent requirements, either historic o current.

• Long Term Maintenance Planning: Planning for long-term maintenance of the property.

• Rental Property Tenancy Inspections: Inspections related to rental property tenancies.

• Heritage Obligations: Compliance with heritage obligations for properties with historical significance.

• Compliance with Body Corporate Rules, Terms of Memorandum of Cross Lease, or Company Title Occupation Agreement: Adherence to body corporate rules, terms of memorandum of cross lease, or company title occupation agreements.

• LIM – Land Information Memorandum: Review or analysis of the Land Information Memorandum (LIM) for the property.

 

Terms & Conditions

 

General Terms

 

9.1 Parties Obligations

Agreed Services: Property Plans must perform the agreed services with the degree of skill, care, and diligence normally expected of a competent professional.

Payment: Full payment for the services is required to initiate the product and services. Full payment must be made using the Property Plans secure online payment services.

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9.2 Services Provided

Scope of Services: Property Plans agrees to provide the following services as part of the product:

LiDAR Scanning: High-definition scanning of the as-built building, using room scan specialist geometry technology.

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2D As-Built CAD Plans: Creation of detailed 2D CAD plans from the LiDAR scans, with 1-2% accuracy.

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Level of Detail (LOD) 100: Refers to the level of graphical representation in Building Information Modeling     (BIM). At LOD 100, elements are represented with generic placeholders and symbols, adequate to translate  walls, doors and windows. They might indicate the approximate location and orientation of the remaining building components, but they do not contain detailed geometry

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3D Scan Model: Generation of a 3D model of the building based on the LiDAR data if offered and if selected, a 3D model is not offered as a base service, however a 3D scan is processed and used to complete the agreed services.

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Discrepancies Analysis: Comparison of the as-built plans with council records to identify any discrepancies that may indicate non - consented alterations or changes affecting structural integrity or weather-tightness.

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Report Delivery: A comprehensive report detailing the findings of the discrepancies analysis and providing recommendations for further action if necessary.

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Council Records: Printing, scanning, and reprinting scaled floor plans introduce a series of inaccuracies that compromise the reliability of these records for precise measurements. The initial plan received from the council may not perfectly match the intended scale due to printer calibration issues, while the scanning process can further distort dimensions through resolution limitations and potential warping of the paper. When these scanned images are later reprinted, additional distortions occur, compounding errors that can lead to discrepancies of 100 - 500mm or more. These cumulative errors, exacerbated by inconsistent processing standards across territorial authorities or municipal building departments, make such records unsuitable for accurate measurements or take-off dimensions in construction and design projects. As such your overlay outcomes for As-Built vs Council Record Plans may show some visual discrepancies and this is to be expected. 

 

9.3 Access to Property

Uninterrupted Access: The client agrees to provide Property Plans with full, uninterrupted access to the subject property for the purpose of measuring the inside of all spaces to produce a digital floor plan as-built document.

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Rental Property Access Rights:

Tenant’s Rights: Tenants in New Zealand have the right to quiet enjoyment of the rental property. Landlords must provide at least 48 hours' notice for entry to carry out inspections or maintenance, and 24 hours' notice for entry to show prospective buyers or tenants. Entry must be between 8 am and 7 pm, and must respect the tenant’s privacy.

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Landlord’s Rights: Landlords have the right to enter the property with proper notice for inspections, maintenance, or to show the property. They must provide appropriate notice as outlined above and must not interfere unreasonably with the tenant's quiet enjoyment of the property.

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Agreement to Access: The client (landlord or property manager) is responsible for ensuring that these requirements are met when arranging access for Property Plans to perform their services.

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9.4 Confidentiality

Maintaining Confidentiality: Both Property Plans and the client agree to maintain the confidentiality of all information for the duration of the product and services, except as required for the reasonable needs of the product and services.

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9.5 Separate Consultants and Sub-Consultants

Coordination and Responsibility:

Separate consultants and their scope of services must be disclosed to Property Plans before their appointment.

Property Plans is responsible only for coordinating their services.

The client must give all instructions to separate consultants through Property Plans.

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Reliance on Information: Property Plans can rely on information provided by the client or separate consultants without bearing responsibility for any errors or omissions in that information.

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Employment of Independent Consultants: Property Plans reserves the right to employ independent consultants to carry out services such as site inspections and floor plan generation. These consultants will perform their tasks under the direction and supervision of Property Plans to ensure consistency and quality of the services provided.

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9.6 Intellectual Property Rights

Ownership: All intellectual property rights in the service materials belong to Property Plans.

License to Use: Property Plans grants the client a non-exclusive, non-transferable license to use the service materials for the product and services.

Conditions for Use: The license is conditional on the client complying with all obligations, including payment of all fees.

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Future Work: Future work using any part of the service materials requires Property Plans' prior written consent.

Re-use of Materials: Re-use of the service materials is permitted only with Property Plans' prior written consent, which may include a royalty fee.

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9.7 Promotional Credits

Credit in Promotions: Property Plans must be credited in any product and services-related promotional material.

Promotional Use by Property Plans: Property Plans can display promotional signs on-site and use the designs, drawings, and photographs of the product and services for promotional purposes with the client's consent.

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9.8 The Service Provider’s Liability

General Liability: Property Plans' liability is limited to the cost of the report provided in the event of any breach under the Consumer Guarantees Act. The report aims to identify potential misalignments between recent as-built floor plans and council records. It is not intended to provide a definitive diagnosis of issues and should not be solely relied upon for significant decisions such as property purchase, lending, or alterations. Instead, the report should serve as a preliminary step to prompt further detailed investigations to determine significant outcomes.

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9.9 Insurance

Insurance Coverage: Property Plans holds professional indemnity and public liability insurance. If greater insurance is required, the additional cost will be at the client’s expense.

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9.10 Disputes

Resolution of Disputes: Disputes must be attempted to be resolved in good faith within 10 working days. If unresolved, disputes may be referred to mediation or arbitration.

Suspension of Services: In the event of a dispute, Property Plans may suspend its obligations and will not be liable for any resulting losses.

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9.11 Notice of Defects

Notification: Problems in design or any defect must be notified to Property Plans in writing within 30 working days of becoming aware of the issue.

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9.12 Health and Safety

Compliance with Health and Safety Laws: Both parties must comply with relevant health and safety regulations.

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9.13 Variations

Written Variations: Any variations to this agreement must be in writing.

Additional Fees: Property Plans is entitled to additional fees for delays or accelerations caused by changes in instructions or requirements beyond its control.

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9.14 Assignment/Termination

Non-Assignment Without Consent: This agreement cannot be assigned without mutual consent.

Termination for Default: Either party may terminate the agreement for material default by giving written notice.

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9.15 Construction Contracts Act

Construction Contract Compliance: This agreement is a construction contract under the Construction Contracts Act 2002, and the dispute resolution procedures will be in addition to those provided by the Act.

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9.16 New Zealand Law

Governing Law: This agreement is governed by the laws of New Zealand, and the New Zealand Courts have exclusive jurisdiction.

 

Glossary of Terms

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Agreed Services: The services to be provided by Property Plans as specified in the agreement.

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Cost: The cost of services provided.

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Client: The person or entity named as the client in the agreement.

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Construction Contracts Act 2002: New Zealand legislation governing construction contracts, including payment and dispute resolution procedures.

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Consumer Guarantees Act 1993: New Zealand legislation providing consumer protection for goods and services.

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Disbursements: Reimbursement costs paid by the client for incidental items over and above the agreed fees.

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Intellectual Property Rights: Legal rights that protect the creations and inventions of the service provider.

License: The non-exclusive, non-transferable right granted to the client to use the service materials.

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Professional Indemnity Insurance: Insurance covering claims made against professionals for damages resulting from their negligence or inadequate service.

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Public Liability Insurance: Insurance covering claims made by third parties for damages or injuries caused by the insured's operations.

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Service Materials: Any drawings, documents, or materials prepared by Property Plans in carrying out the agreed services.

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Sub-consultants: Consultants contracted and paid by Property Plans to provide specific services related to the product and services.

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Territorial Authority: Local government entities responsible for building consents, inspections, and compliance within their jurisdiction.

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Working Day: Any calendar day other than a Saturday, Sunday, or public holiday, or any day from 24 December to 05 January, both inclusive.