Terms and Conditions

Terms and Conditions

Terms and Conditions Prosperbuild.com Last updated: 30 July 2026

Our Approach

We are committed to working with you, as our client, to achieve the best practical outcome during your house purchase process and for a reasonable time window afterwards.

If an issue arises that cannot be resolved by telephone, a site visit will be needed so the matter can be discussed in person on site. We may consult or reference other independent tradespeople of our choice to assist in finding a practical resolution.

1. Nature of the Product and Licence

All reports and digital products sold on Prosperbuild.com are supplied under a limited, non-exclusive, non-transferable licence to use the information contained in the report for your personal or internal business purposes only.

You do not acquire ownership of the report, the underlying intellectual property, or any right to copy, resell, redistribute, share, or commercially exploit the content beyond your own use. The licence is granted only to the original purchaser.

It is a condition of purchase that the videos and the written report together constitute the complete product. Both must be viewed and read in full. Any uncertainties or questions are best addressed by telephone in the first instance so that a timely response can be provided.

2. Scope of Inspection and Compliance with NZS 4306:2005

Inspections and reports supplied through this website are prepared as visual, non-invasive residential property inspections carried out in broad accordance with NZS 4306:2005 (Residential Property Inspection).

The inspection is limited to components that are safely and reasonably accessible and within clear line of sight at the time of the inspection. No invasive testing, dismantling, or destructive investigation is undertaken unless expressly stated otherwise in the specific report.

By purchasing a report, you acknowledge and agree that:

  • The standard client engagement and enrolment requirements contemplated by NZS 4306:2005 are subsumed into and accepted by this purchase;
  • No separate pre-inspection written agreement is required; and
  • These Terms and Conditions, together with the content of the report itself, constitute the full terms of engagement.

3. Reporting Style and Limitations

Reports may be prepared on an exclusion basis. This means the report focuses on identifying significant defects or matters that fall outside the normal condition expected for a property of its age and type, rather than providing an exhaustive inventory of every element.

Aesthetic faults, wear and tear, and characteristics arising from the original construction methods and materials of the era in which the building was constructed (and any resulting or associated conditions) may be discussed where relevant. However, it is presumed that the licensee will independently consult publicly available resources, including those at settled.govt.nz, to inform themselves of the generic condition, common issues, and typical construction characteristics of houses of any given era in New Zealand.

The report is not a guarantee, warranty, or prediction of future performance. It is a snapshot of the visually accessible condition of the property at the time of inspection only.

4. Reasonable Expectations and Basis of the Report

The report is prepared from the perspective of an experienced builder, quantity surveyor and property investor. It is limited to what can be seen and reasonably verified at the time of the inspection, giving due allowance for safe access, imposed time limitations on the inspection, and the weather conditions and any delayed effects.

The report does not provide any determination or assurance regarding:

  • The legal status or compliance of the house or any works;
  • Land survey boundaries or title matters;
  • Soil conditions or geotechnical status;
  • Underground or hidden pipes, drains, or services.

Any comments on these matters are suggestions only and should not be relied upon as conclusive.

Where a LIM (Land Information Memorandum) or building information pack is reviewed, that review is limited to checking whether any open building consents appear to have been completed with a Code Compliance Certificate (CCC) issued, and whether the footprint of the building broadly matches the latest plans available in the supplied documents.

The territorial authority remains the lawful authority on the legality of works. Any person who disagrees with the territorial authority’s position has the right to seek a determination from the Ministry of Business, Innovation and Employment (MBIE).

Although comment may be made on readily visible electrical supply work or obvious faults, the best recommendation is always to engage a registered electrical inspector to provide a dedicated electrical report. The same applies to plumbing and gasfitting: any observations are limited to what is readily visible, and the best recommendation is to engage a registered plumber, gasfitter or drainlayer for a proper assessment.

You can check registration status here:

5. Exclusions

The following are outside the scope of the standard inspection and report unless expressly included:

  • Areas that are concealed, inaccessible, or not within clear line of sight;
  • Structural engineering, geotechnical, or specialist assessments;
  • Invasive moisture or material testing;
  • The operation, efficiency, or remaining life expectancy of appliances and systems;
  • Compliance with the Building Code or obtaining of consents (except where specifically noted);
  • Any form of valuation.

Weather-tightness reports and costing reports may be made available as separate services. In accordance with NZS 4306:2005 these are special-purpose reports and fall outside the scope of a standard residential property inspection. They are only provided when specifically commissioned and are subject to their own scope and limitations.

6. Limitation of Liability

To the maximum extent permitted by New Zealand law:

  • Our total liability arising from any report or the use of any digital product is limited to the amount paid for that specific report or product;
  • We are not liable for any consequential, indirect, incidental, or special loss, including (but not limited to) costs of further inspections, remedial works, legal advice, loss of opportunity, or diminution in property value.

Nothing in these Terms limits any rights you may have under the Consumer Guarantees Act 1993 or Fair Trading Act 1986 that cannot be excluded by law. If you are acquiring the report for the purposes of a business, the guarantees under the Consumer Guarantees Act may not apply to the extent permitted by law.

7. Intellectual Property

All content in the reports, website, and related materials remains the intellectual property of Technicality Limited (trading as Prosperbuild). The licence granted is personal to the purchaser and may not be assigned or transferred.

8. Governing Law

These Terms and Conditions are governed by the laws of New Zealand. Any dispute shall be subject to the exclusive jurisdiction of the New Zealand courts.

9. Contact

Prosperbuild.com / Technicality Limited Email: jonno@prosperbuild.com Phone: 021 244 0865

10. Disputes and Complaints

10.1 If you have any concern or complaint about a report or digital product, you must notify us both by telephone and in writing (email is sufficient) within 30 days of delivery, setting out the nature of the issue in reasonable detail.

Notification is only treated as complete once both the telephone call and the written notice have been received. We will confirm the details of the telephone conversation in writing as soon as practicable.

10.2 The parties must then attempt to resolve the matter in good faith through direct communication. We encourage open, first-person discussion aimed at a practical solution.

10.3 If the matter remains unresolved after 14 days of good-faith negotiation, either party may refer the dispute to mediation. Mediation shall be conducted by a mediator agreed by the parties (or, failing agreement, nominated by the Arbitrators’ and Mediators’ Institute of New Zealand or a similar independent body). Each party shall bear its own costs of the mediation unless otherwise agreed.

10.4 Neither party may commence court proceedings (other than seeking urgent interlocutory relief) until the mediation process in clause 10.3 has been attempted.

10.5 Nothing in this clause limits any rights you may have under the Consumer Guarantees Act 1993 or Fair Trading Act 1986 that cannot be excluded by law.

11. Legal Costs

Please be aware that if a licensee commences court or tribunal proceedings against us in relation to a report or digital product and is unsuccessful (including where the proceedings are discontinued or dismissed), the purchaser may be held liable for our reasonable costs on a solicitor-client basis.

Nothing in this clause limits any rights the purchaser may have under the Consumer Guarantees Act 1993 or Fair Trading Act 1986 that cannot be excluded by law.

12. Devices and tools

Various moisture meters, thermal scanners, environmental sensors may be used in the inspection process – it is important to be aware of the potential limitations of any such technology or method – specificity is far from absolute, so while these tools, and any conclusions implied from their use can be informative, there is always a margin of error – as such, the licensee is encouraged to assess their personal risk appetite on both a best case, and a worst case basis – while we can help elucidate risks, improvement potentials and likelihoods in many cases, the ultimate decision on any property purchase rests with the purchaser.