AUS TRALIA AND NEW ZEALAND

VA L U AT I O N
AND PROPERTY
S TA N D A R D S

Published by Australian Property Institute

ABN 49 007 505 866
ARBN 007 505 866
6 Campion Street
Deakin ACT 2600 Australia
Tel: 02 6282 2411
Fax: 02 6285 2194
E-mail: national@[Link]
Internet: [Link]
Australian Property Institute (Inc)
ISBN: 0-9975414-0-1
Editions:
September 1998
September 1999
November 2001
February 2004
May 2006
June 2008
January 2012
This publication is copyright. Other than for the purposes and
subject to the conditions prescribed under the Copyright Act, no
part of it may in any form or by any means (electronic,mechanical,
microcopying, photocopying, recording or otherwise) be
reproduced, stored in a retrieval system or transmitted without prior
written permission. Inquiries should be addressed to the publishers.

AN Z VA LUAT I ON A ND P ROPE R T Y STAN DARDS

FOREWORD
It is with great pleasure that we introduce the latest
publication of the Australia and New Zealand Valuation
and Property Standards (formerly Professional Practice).
This represents the third joint publication of the Standards
by the Australian Property Institute (API) and the Property
Institute of New Zealand (PINZ).
For property professionals in both Australia and New
Zealand there has been an increasing shift towards
International Valuation Standards (IVS). International
Financial Reporting Standards are now formulated in full
consultation with representatives of the International
Valuation Standards Committee and there is now the
practical requirement to be aware of IVS. Both the API
and PINZ are strong supporters of and have played an
active role in the work of the International Valuation
Standards Committee (IVSC).
This edition of the Australia and New Zealand Valuation
and Property Standards represents a further stage
toward the harmonisation of valuation and real property
standards within Australia and New Zealand and reflects
the continued move towards IVS. This edition includes all
IVSC Applications, Standards and Guidance Notes, which
have been drawn from IVS 2007. Interposed within the
IVSC material is additional information to assist members
in meeting local valuation and real property reporting
requirements.

In presenting this edition of the Australia and New Zealand

Valuation and Property Standards we acknowledge the
substantial work and effort of the following:
o

Australian and New Zealand Valuation and Property

Standards Boards (AV&PSB)(NZV&PSB).

The National Professional Board representatives of

the API and PINZ.

Many individual members from both the API &

PINZ who responded to requests for assistance and
comment.

The end product is a team effort and is presented to all

members as best practice, having regard to current law
and accounting concepts.
It is the intention that the Australia and New Zealand
Valuation and Property Standards will be available
electronically on the respective web sites. Updates will
also be made available upon release, both on the web and
in hard copy for those who have purchased a copy of this
edition of the Standards.
Yours faithfully,
James Pledge
National President
Australian Property Institute

Chris Stanley
President
Property Institute
of New Zealand

There are several important changes in this edition,

including new and revised documents. The new
documents being :IVA3

Valuation of Public Sector Assets for Financial

Reporting

IVGN15

Valuation of Historic Property

ANZVGN8

Valuation For Use in Offer Documents

ANZVGN9

Assessing Rental Value

ANZVGN10 Valuation of Agricultural Property

The IVSC extensively revised the following:IVS2

Bases Other Than Market Value

IVA2

Valuation for Secured Lending Purposes

and updated throughout the document to ensure

consistency with the new and rewritten components.

AN Z VA LUAT I ON A ND P R OPE R T Y STAN DAR DS

THI S PA G E I S I N TE N TI ON A L LY L E F T B L A N K

AN Z VA LUAT I ON A ND P ROPE R T Y STAN DARDS

CO NTENTS
Foreword ........................................................................ iii
Introduction to Valuation and Property Standards ........ 1.1

Code of Ethics and Rules of Conduct

API Code of Professional Conduct ............................. 2.1.1

PINZ Code of Ethics................................................... 2.2.1

ANZVGN 13 Valuation for Insurance Purposes ......... 8.13.1

API Valuation Guidance Notes

AVGN 1 Valuations for use in Australian ................... 9.1.1

Financial Reports
AVGN 2 Valuations for Insurance Purposes................ 9.2.1
(Replaced By ANZVGN 13 ...................................... 8.13.1)

PINZ Rules of Conduct .............................................. 2.3.1

PINZ Valuation Guidance Notes

IVSC Valuation Standards 2013

See online resource list.............................................. 3.1.1

International Valuation Standards

See online resource list.............................................. 4.1.1

International Valuation Applications

See online resource list.............................................. 5.1.1

International Valuation Guidance Notes

See online resource list.............................................. 6.1.1

10

NZVGN 1 Valuations for use in New Zealand .......... 10.1.1

Financial Reports
NZVGN 2 Insurance Valuation Reports..................... 10.2.1
(Replaced By ANZVGN 13 ...................................... 8.13.1)
NZVGN 3 Valuation of Houses Under ..................... 10.3.1
Construction and Houses to be Built or
Previously Unoccupied New Houses

API & PINZ Real Property Guidance Notes

11

ANZRPGN 1 Disclaimer Clauses and

Qualification Statements ......................................... 11.1.1

ANZRPGN 2 Acting as an Expert Witness, .............. 11.2.1

Advocate or Arbitrator

ANZPS 1 Valuations for Compulsory Acquisitions ...... 7.1.1

ANZRPGN 3 Leasing Incentives................................ 11.3.1

API & PINZ Practice Standards

ANZRPGN 4 Methods of Measurement ................... 11.4.1

API & PINZ Valuation Guidance Notes

ANZVGN 1 Valuation Procedures --- Real Property....... 8.1.1

ANZVGN 2 Valuations for Mortgage and .................. 8.2.1
Loan Security Purposes
ANZVGN 3 Valuations for Mortgage and .................. 8.3.1
Loan Security Purposes (Forced Sale) **WITHDRAWN**
ANZVGN 4 Valuations for Rating and Taxing ............. 8.4.1
ANZVGN 5 Valuations for Compulsory Acquisitions... 8.5.1

ANZRPGN 5 Feasibility Studies................................. 11.5.1

ANZRPGN 6 Due Diligence ...................................... 11.6.1
ANZRPGN 7 Property Insurance Management ......... 11.7.1
ANZRPGN 8 Preparing Property for Sale .................. 11.8.1
ANZRPGN 9 Property Development ........................ 11.9.1
T
ANZRPGN 10 Leasing Agent Services .................... 11.10.1

ANZVGN 6 Valuations of Accommodation Hotels...... 8.6.1

API Real Property Guidance Notes

12

ANZVGN 7 The Valuation of Partial Interests in ......... 8.7.1

Property held within Co-Ownership Structures

ARPGN 1 Land Contamination Issues ...................... 12.1.1

ARPGN 2 Native Title Issues .................................... 12.2.1

ANZVGN 8 Valuations for use in Offer Documents .... 8.8.1

ANZVGN 9 Assessing Rental value............................. 8.9.1
ANZVGN 10 Valuation of Agricultural Properties ..... 8.10.1
ANZVGN 11 Valuation of Self Storage Properties..... 8.11.1

PINZ Real Property Guidance Notes

13

NZRPGN 1 Valuation of Contaminated Land............ 13.1.1

NZRPGN 2 Counter-signing of Valuation
Reports Prepared by Unregistered Valuers ............... 13.2.1

ANZVGN 12 Property Plant and Equipment ............. 8.12.1

AN Z VA LUAT I ON A ND P R OPE R T Y STAN DAR DS

C ON TE N TS

Business Focus

14

Business Focus ....................................................... 14.1.1

Professional Activities .............................................. 14.2.1
Reports, Content and Compilation.......................... 14.3.1
Property Action Plans .............................................. 14.4.1
CPD Requirements, Activity Planner ....................... 14.5.1
and Recorder

Client Focus

15

Client Focus ........................................................... 15.1.1

Types of Services Provided by API ........................... 15.2.1
and PINZ Members
Instructing Valuers .................................................. 15.3.1
Residential Desktop Assessment - Advisory Note .... 15.4.1
Feedback to API and PINZ Members ....................... 15.5.1
and/or the API/PINZ

Valuation Proforma

16

PropertyPRO Residential Valuation and Security ...... 16.1.1

Assessment Pro-Forma Supporting Memorandum
Restricted Valuation Proforma ................................. 16.2.1
Restricted Valuation Supporting Memorandum ....... 16.3.1
API Annual CPD Record ....................................... 16.4.1
API and PINZ Offices --- Contact Details ............... 16.5.1

Index

17

Removed

AN Z VA LUAT I ON A ND P ROPE R T Y STAN DARDS

1. 1
I N T R O D U C T I O N T O VA L U AT I O N
A N D P R O P E R T Y S TA N D A R D S
1.0

The Australian Property

Institute & The Property
Institute of New Zealand

The Australian Property Institute and the Property Institute

of New Zealand have both enjoyed a long and proud
history representing property professionals in Australia and
New Zealand.
The Australian Property Institute is the successor to the
Commonwealth Institute of Valuers formed in [Link]
Property Institute of New Zealand was formerly the New
Zealand Institute of Valuers established in 1942.
The two Institutes today represent the interests of more
than 11,000 property specialists throughout Australia and
New Zealand.
The primary role of the two organisations is to set
and maintain high standards of professional practice,
education, ethics and discipline.
Members include experts in property such as valuers,
property advisors, property managers, property analysts
and facilitators. Membership of either organisation has
become synonymous with qualities of integrity, experience,
professionalism and specialist expertise.
The two Institutes are committed to maintaining a strong
professional base to ensure the future of the property
professions through education and broadening of the
expertise and knowledge of the Membership.
The clients of members are also considered to be clients of
the Institute. Both Institutes are interested in assisting their
members to provide high quality professional services that
are relevant to the current and changing needs of clients
and the community at large.
Both Institutes recognise their roles as guardians of the
status and standing of the property profession and of their
duty to protect and further the public interest.
The Australian Property Institute and the Property
Institute of New Zealand acknowledge that the privileges
accorded to professional persons by the community are
accompanied by responsibilities to client and community,
which cannot be waived.
For more information about the Australian Property
Institute (API) and Property Institute of New Zealand (PINZ)

I NTR ODU CTI ON

please visit their websites: [Link] or

[Link]

2.0 Valuation and Property

Standards Manual
This Manual sets out the duties, responsibilities and
professional standards of members of the Australian
Property Institute and of the Property Institute of New
Zealand.

2.1

Scope

This edition adopts the International Standards and

Guidance Notes of the International Valuation Standards
Committee (IVSC) in their entirety. Where there are
departures or differences in application in either Australia
or New Zealand, an appropriate note has been included in
the IVSC documents in this Manual.
Areas of practice not covered by the IVSC standards
and guidance notes are covered by Australian and New
Zealand standards and guidance notes.
Australia and New Zealand have both been closely involved
with the development of IVSC standards and guidance
notes. These documents represent world best practice and
very few departures are included in this edition of the
Valuation and Property Standards Manual.
This edition also retains the Business Focus papers, which
were in the previous professional practice publications.

2.2

Copyright

The following sections (excluding material interposed by

the Australian Property Institute and the Property Institute
of New Zealand) are copyright by the International
Valuation Standards Committee:
The International Valuation Standards Committee,
o

IVSC Code of Conduct,

IVSC Valuation Standards 2007,

International Valuation Standards,

International Valuation Applications, and

International Valuation Guidance Notes.

1.1.1

I N TR OD UC TI ON

All rights are reserved, subject to permission having been

granted to the Australian Property Institute and Property
Institute of New Zealand to reproduce the 8th Edition of
International Valuation Standards in their Valuation and
Property Standards Manual.
No responsibility is accepted by the IVSC for the accuracy
of the information contained in the Manual text as
republished by the API & PINZ.
The full text of the official version may be obtained from
the IVSC International Headquarters, 12 Great George
Street, London SW1P 3AD, UK. [Link]

2.3

Amendments and Updates

Amendments and updates to this edition of the Valuation

and Property Standards Manual will be published by the
API and PINZ on their websites.

2.4

Date of Application

This edition of the Valuation and Property Standards

Manual becomes operative from 1 August 2008.

3.0 Developm ent of

Practice Standards &
Guidance Notes
3.1

Process before Release

The two most important elements in the Manual are

practice standards and guidance notes. From the initial
identification of the need for a particular issue to be
addressed, these elements go through an extensive
development process.
Potential practice standards and guidance notes may be
proposed by a number of sources but require the
consent of the National Professional Board (NPB) prior to
development. Initial development will often be through
a particular state, branch, professional board or ad-hoc
committee before being examined by the [Link] NPB
will establish the requirement for a practice standard
or guidance note and if satisfied that such a document is
required, will formulate any policy and professional
aspects, which must be addressed in the practice standard
or guidance note.

Once the draft document reaches a standard that satisfies

the AV&PSB it is then forwarded to the NPB, which must
satisfy itself that the draft document adequately addresses
all of the requirements established by the Board.
At least 50% of the AV&PSB is made up of API Members,
the balance comprising representatives of invited
organisations such as:
o

The Australian Accounting Standards Board

The Property Institute of New Zealand

The Australian Bankers Association

The Law Council of Australia (Property Law Group)

The Financial Services Institute of Australasia

The International Valuation Standards Committee

Mortgage Industry Association

State Valuers General

Commonwealth Government

If satisfied, the AV&PSB will then issue the draft document

as an Exposure Draft within the API and PINZ and to
appropriate organisations inside and outside of the
profession. Comments are then forwarded to the authors
and assimilated where appropriate.
After consideration of the comments received, a final
draft will be presented by the AV&PSB to the NPB, and if
no further amendments are required, it will be released
for issue. This representation and external exposure
process is designed to ensure that practice standards
and guidance notes are consistent with the requirements
of the Corporations Law, Australian and New Zealand
Accounting Standards, Statements of Accounting
Concepts and, where applicable, circulars from the
Insurance and Superannuation Commission. It is also
intended that all standards are to be consistent with the
concepts and definitions contained in the International
Valuation Standards, except where Australian or New
Zealand law and practice requires otherwise.
The National Secretariat administers the process of the
production of practice standards and guidance notes.

The initial brief requesting development of a practice

standard or guidance note along with the policy
requirements are then forwarded to the Australian
Valuation & Property Standards Board (AV&PSB), which
is responsible for managing the development and review
process of practice standards and guidance notes.

1.1.2

AN Z VA LUAT I ON A ND P ROPE R T Y STAN DARDS

2. 1
A P I CO D E O F P R O FES S IO NA L CO ND UCT
which he or she possesses insufficient knowledge
and skill to provide competent services to the
client, unless the Member obtains fully informed
consent from the client to undertake the services
in conjunction with a person having the required
competence.

Pream ble
The Code of Professional Conduct ( the Code ) is a public
statement of the principles, values and behaviour expected
of Members of the Institute, as determined by the National
Council.
The purpose of the Code is to ensure that high standards
of corporate and individual behaviour are observed by all
Members.

1.7

A Member must obtain or confirm in writing all

instructions and variations of instructions of the
client or the client s representatives.

Every Member of the Institute must comply with the

Code. A breach of this Code may constitute Professional
Misconduct which may be investigated by the Institute
in accordance with the complaints procedures under the
By-Laws.

1.8

A Member should properly supervise all services

carried out for and on the Member s behalf.

1.9

A Member must take such steps as are reasonably

necessary to maintain and improve his or her
knowledge and skill in the fields in which he or she
practises.

1.10

A Member must not provide any advice or make

any statement without reasonable foundation
unless it is appropriately qualified or limited.

1.11

A Member must complete the work or services

required by the Member s retainer, unless :

In order to maintain public confidence in the professional

standards of Members of the Institute it is essential
that those Members exhibit, and are seen to exhibit,
professional standards in carrying out their duties.
This Code does not attempt to provide a detailed or
exhaustive list of what to do in every situation. Instead, the
Code represents a framework for professional conduct and
aims to provide assistance and clarification.

(a) the Member and the Member s client have

otherwise agreed;

Effective Date: 1 August 2014

(b) the Member is discharged from the retainer by

the client; or

Rule 1: Relations w ith Clients

1.1

1.2

Members must carry out their professional duties

ethically, with honesty, competence, and in good
faith, without personal bias, and in a manner
which upholds the values and reputation of the
property and valuation profession.
Members must comply with the Professional Rules
as amended from time to time.

(c)

1.12

the Member terminates the retainer for just

cause, and on reasonable notice to the client.

A Member must not, during, or after termination

of a retainer, disclose to any other person, who is
not a partner or employee of the Member s firm,
any confidential information provided directly or
indirectly by a client or to a client, unless:
(a) the client authorises the disclosure;

1.3

A Member must act promptly and efficiently in the

servicing of the client s instructions.

(b) the Member is permitted or compelled by law

to disclose;

1.4

A Member must, in the case of unavoidable delay,

communicate to the client the progress being
made in respect of the instructions issued to the
Member.

(c)

1.5

Members must not falsify or misrepresent his or

her professional qualifications, grades of
membership, experience or prior responsibilities.

1.6

A Member must operate within the limits of his

or her qualifications and experience and must
not accept instructions in a field of practice in

AP I C ODE OF P R OFESSI ONA L C ONDUC T

the Member discloses information for the sole

purpose of avoiding the probable commission
or concealment of a felony; or

(d) necessary for replying to or defending

any charge or complaint as to conduct or
professional behaviour brought against the
Member or his or her partners, associates or
employees.

2.1.1

A P I C OD E OF P R OF E S S I ON A L C ON D UC T

1.13

1.14

Fees may be negotiated with a client on an agreed

basis, provided however that the fees payable to a
Member do not depend upon a client-nominated
outcome of any valuation.

acknowledgement of the actual or potential

conflict of interest;
AND a Member must only accept the instructions
or continue to provide the services if:

Where information critical to the assignment being

undertaken is relied upon by a Member, the source
of that information must either be disclosed in
the relevant report or contained in the working
papers supporting the relevant report and be
appropriately attributed in either case, unless the
information is protected by confidentiality, or the
Member is prevented by privacy or other like laws
from disclosing or referring to the source.

1.15

A Member must not include false or misleading

claims in any advertisement for his or her services.

1.16

A Member must not directly or indirectly exert

undue pressure or influence on any persons,
whether by the offer or provision of any payment
gift or favour or otherwise, for the purpose
of securing instructions for work, or accept
instructions from any person where there is reason
to believe that undue pressure or influence may
have been exerted by a third party in expectation
of receiving a reward for the introduction.

(d)

(e) any other interested party provides

confirmation that the Member and the
Member s firm may accept the instructions or
continue to provide the services to the client;
and
(f)

2.5

2.1

A Member must take reasonable steps to identify

circumstances that could be construed as a conflict
of interest.

2.2

A Member must not, in any dealings with a client

allow the interests of the Member or an associate
of the Member to conflict with those of the client.

2.3

Subject to Rule 2.4, a Member must not accept

instructions from a client or continue to provide
services to a client where accepting the instructions
or continuing to provide the services is likely to
create either a real or perceived conflict of interest.

2.4

Where a conflict of interest arises, or where a

Member identifies circumstances that could be
construed as a conflict of interest, the Member
must:
(a)

inform the client, and any other interested

party, of the actual or potential conflict of
interest;

(b) encourage the client to obtain independent

professional advice;
(c) inform the client that neither the Member
or the Member s firm can act or continue
to act for the client unless the instructions
are confirmed in writing with an

2.1.2

the Member discloses the conflict of interest

in any relevant document or report prepared
for the client relating to that matter.

A Member must not accept a payment or favour

from another party which may affect their
relationship with a client, unless the circumstances
are fully disclosed to, and agreed by all interested
parties.

Rule 3: Im partiality
3.1

Rule 2: Conflict of Inte rest

the client provides a written confirmation of

their instructions with an acknowledgement
of the actual or potential conflict of interest;

A Member must maintain the strictest

independence and impartiality when making a
valuation and/or where the exercise of objective
judgement is required. In such circumstances, a
Member must not:
(a)

adopt the role of advocate in a case where

their duty is to exercise independence and
impartiality;

(b) act as an advocate and as an expert in the

same matter;
(c)

act as an advocate in a matter where another

member of the same firm as the Member has
acted as an expert in that matter;

(d) act as an expert in a matter where another

member of the same firm has acted as an
advocate in that matter;
(e) allow the performance of their professional
duties to be improperly influenced by the
needs or preferences of a client or other party;
(f)

rely upon critical information supplied by a

client without appropriate qualification or
confirmation from other sources; or

(g) act in any way inconsistent with the duties of

independence and impartiality.

AN Z VA LUAT I ON A ND P ROPE R T Y STAN DARDS

A P I C OD E OF P R OF E S S I ON A L C ON D UC T

Rule 4: Mem bers and the

Institute
4.1

6.2

If the property is not inspected or is only partially

inspected, in accordance with the written
agreement from the client or the client s
representative, the Member must disclose this in
the valuation report and state the effect that the
failure to conduct an inspection or a complete
inspection has on the valuation provided.

6.3

When undertaking a valuation, a Member must

take reasonable steps to:

A Member must not:

(a) purport to represent the views of the Institute
unless expressly authorised to do so;
(b) reflect adversely on the professional integrity
of the Institute or its Members.

4.2

A Member must not maliciously or carelessly

do anything to injure, directly or indirectly,
the reputation, prospects or business of other
Members.

4.3

When dealing with the Institute a Member

must be frank and honest and subject to any
express requirement set out in the By-Laws, a
Member must fully cooperate with any request
for information or directive from the Institute
where a complaint has been lodged or where
there is deemed to be a prima facie breach of the
Professional Rules.

4.4

(a) gather sufficient relevant data in forming

an opinion of value or, in the absence or
deficiency of such data, explain in the
valuation report the basis on which the
opinion of value was formed; and
(b) ascertain and verify such relevant facts and
information as a prudent valuer would have
ascertained or verified in order to provide a
professional valuation of a property.
6.4

(c) confirmation that they have personally

inspected the property;

A Member must notify the Institute of any

complaint against the Member.

(d) a statement of all assumptions made in

arriving at an opinion of value and all
conditions, requirements or limitations arising
from the client s instructions or arising due to
any other circumstances;

Rule 5: Cop y rig ht

5.1

A Member must not, without appropriate

acknowledgement, reproduce, paraphrase or
summarise any work, words, ideas or intellectual
property of another person which creates the
impression that it is their own, and all reports
prepared by Members must give appropriate
acknowledgement of the ideas, scholarship and
intellectual property of others insofar as these have
been used.

(e) where all facts or information have not been

ascertained or verified, written disclosure of
this, together with a statement of the extent,
if any, to which the failure to ascertain or
verify the facts or information in question
qualifies or affects the valuation provided;
(f)

Rule 6: Property Valuations

6.1

When undertaking a valuation, except with the

written agreement from the client or the client s
representative:
(a) a Member must personally inspect any
property to be valued; and
(b) an inspection of the property must be
sufficiently comprehensive to enable the
Member to complete the valuation in
accordance with the accepted valuation
practice.

AN Z VA LUAT I ON A ND P R OPE R T Y STAN DAR DS

A Member must include in a valuation report:

the degree of reliance (if any) on professional

opinion from outside experts; and

(g) where the Member is a co-signatory, the

extent of their involvement and the capacity in
which they are signing.
6.5

A Member must retain in a place of safe

keeping, adequate records of all valuation
reports, all instructions from the client or the
client s representative, and all other records and
information upon which the valuation opinion was
based, for a minimum of 6 years.

2.1.3

A P I C OD E OF P R OF E S S I ON A L C ON D UC T

(a) Holds the certification of Certified Practising

Valuer

Rule 7: Student and Provisional

Mem b ers
7.1

Student Members must not undertake valuations

in their own right but may assist in undertaking a
valuation and may assist in the preparation of the
valuation report.

7.2

A Provisional Member must not undertake or sign

a valuation unless they comply with Rules 7.3, 7.4
or 7.5.

7.3

A Provisional Member who holds the designation

of Residential Property Valuer may undertake a
Residential Property Valuation, provided that the
valuation report is co-signed by a Supervising
Valuer.
This does not apply for Restricted Assessments
conducted by a Provisional Member who holds
the designation of Residential Property Valuer
where the Restricted Assessment is undertaken in
accordance with the Australian Property Institute
Restricted Assessment Supporting Memorandum.

7.4

A Provisional Member who holds the designation

of Residential Property Valuer may undertake a
Non-Residential Property Valuation, provided that
the property is co-inspected and co-signed by a
Supervising Valuer.

7.5

A Provisional Member who has completed an

Institute approved valuation qualification, but does
not hold the designation of Residential Property
Valuer, may assist in undertaking a Residential
Property Valuation or a Non-Residential Property
Valuation, provided that the property is coinspected and co-signed by a Supervising Valuer.

7.6

A Supervising Valuer must not sign or co-sign a

valuation prepared by a Provisional Member, unless
the Supervising Valuer:

(b) has reviewed the valuation and working

papers prepared by the Provisional Member
holding the designation of Residential
Property Valuer;
(c)

7.8

has, based upon such review and appropriate

questioning of the Provisional Member,
obtained reasonable satisfaction that the value
opinion contained in the valuation has been
reached by the Provisional Member, based on
reasonable grounds.

When signing a valuation report, a Provisional

Member must state that they are a Provisional
Member of the Australian Property Institute and (if
relevant) a Residential Property Valuer.

Rule 8: Non-Com p liance

8.1

Where a Member considers circumstances exist

that warrant departure from or non-compliance
with any rule herein, the Member s report must
include a statement that outlines the reasons for
the departure or non-compliance and any impact
on the content of the report.

(a) Holds the certification of Certified Practising

Valuer
(b) has formed an independent opinion as to
value;
(c) is the primary signatory; and
(d) has co-inspected the subject property.
7.7

2.1.4

A Supervising Valuer must not counter-sign a

valuation of Residential Property, as defined in this
Code of Professional Conduct, undertaken by a
Provisional Member, who holds the designation of
Residential Property Valuer, unless the Supervising
Valuer:

AN Z VA LUAT I ON A ND P ROPE R T Y STAN DARDS

A P I C OD E OF P R OF E S S I ON A L C ON D UC T

D EFINITIONS
In this Code:
(a)

Any expressions, words or phrases defined in the

Constitution or the By Laws of the Institute shall
have the same meaning in the Code unless
otherwise defined by these definitions;

(b)

Certified Practising Valuer means a person

who has been certified as a Certified Practising
Valuer by the Institute under the By Laws;

(c)

Non-Residential Property Valuation means

a valuation of land which is not a Residential
Property Valuation.

(d)

Provisional Mem ber means a person admitted

as a Provisional Member of the Institute under the
By Laws;

(e)

Residential Property
(i)

means:

(f)

A rental valuation for a Residential Property;

A mortgage security valuation; and

(vi) A valuation of individual entitlements under

Strata Title or similar;
BUT does not include:
(vii) A valuation of Residential Property for
compensation or resumption purposes;
(viii) An insurance valuation on behalf of an
owners
corporation for a strata
scheme;
(ix) A valuation of common property within a
residential strata scheme;
(x)

A valuation of Residential Property for the

purposes of providing any expert evidence or
Family Law Court related valuations; or

(xi) A valuation of residential timeshare interests.

(g)

Residential Property Valuer means a person

designated as a Residential Property Valuer by the
Institute under the By Laws;

(h)

Student Mem ber means a person admitted as

a Student Member of the Institute under the By
Laws;

(i)

Supervising Valuer means a current Member

of the Institute who is a Certified Practising Valuer.

PROVIDED however that:

(vi) The highest and best permitted use of the
land must be residential use;

(ii)

(v)

(iii) Rural residential land;

A single residential company title apartment

which is covered under the exemption
provided to the Institute by ASIC;

A valuation for potential marketing purposes;

(iv) A valuation for rates, tax or insurance

purposes (see viii below);

(ii) Land or a lot on which there is not more than

2 dwellings (either existing or in the course
of construction) and any other improvements
incidental thereto;

(v)

(i)

(iii) A valuation of land that is not freehold;

Vacant land on which the construction of a

dwelling is not prohibited by law;

(iv) A unit or entitlement (including a proposed

unit or entitlement) under a Strata Scheme
or other group title scheme comprising not
more than one dwelling (either existing or
in the course of construction) and other
improvements incidental thereto;

Residential Property Valuation means a

valuation of a Residential Property, including but
not limited to:

(vii) The land or lot must not be used wholly or

predominantly for non-residential purposes;
(viii) The land or lot is not capable of being subdivided into more than two parcels;
(ix) The land does not contain a residential strata
development under single ownership; and
(x) The land is not within a retirement village.

AN Z VA LUAT I ON A ND P R OPE R T Y STAN DAR DS

2.1.5

A P I C OD E OF P R OF E S S I ON A L C ON D UC T

THI S PA G E I S I N TE N TI ON A L LY L E F T B L A N K

2.1.6

AN Z VA LUAT I ON A ND P ROPE R T Y STAN DARDS

2. 2
P INZ CO D E O F ETHICS A ND
R UL ES O F CO ND UCT
NZIV CO D E O F ETHICS

(as provided in Rule 133)

The Joint Code of Ethics as approved at the 2004 annual general meeting is the legal document for all PINZ members. This
document refers to NZIV and other matters relating to NZIV because it was intended to be a joint code of ethics. However;
this was not passed by the Minister of NZrV so the 1996 code of ethics for NZIV is still in force.

The Code of Ethics comprises two parts:-

A: Public Statem ent of the

principles, values and b ehaviour
expected of Mem bers of the
Institute:
1.

Com pliance w ith Standard s

Members shall, at all times, observe the requirements of

the Code of Ethics and Rules of Conduct, and (where
applicable) the Constitution, Bylaws or Rules of the
Institute, the Practice Standards of the Institute and
compliance with Continuing Professional Development
(CPO) requirements.

2.

Professional Duty

It is the duty of Members to render service to their clients

and employers with fidelity, to practise their vocation with
integrity, honour and professionalism, to act impartially
and objectively when providing independent advice, and
to respect the public interest.

3.

is completed in conjunction with a qualified and suitably

experienced practitioner.

4.

Conflict of Inte rest

Members shall consider and identify any actual or potential

conflict of interest when carrying out their professional
duties, and shall not act in a matter where such conflict
or potential conflict has been identified by the Member or
any other interested party unless all interested parties have
been made aware of the situation and have consented to
the Member continuing in the task.

5.

Confidentiality

Members must observe the requirements of confidentiality

in their dealings with clients and the public.

6.

The Profession

Members shall at all times conduct business in a manner

befitting their profession in accordance with reasonable
public expectations of professional persons.

Com petence

A Member shall not accept instructions in a matter where,

based on a reasonable objective standard, the Member
does not have the competence, skill and/or experience to
complete the assignment to the acceptable professional
standard in accordance with this Code of Ethics, and the
Practice Standards of the Institute, unless the assignment

PI NZ C ODE OF ETH ICS

2.2.1

THI S PA G E I S I N TE N TI ON A L LY L E F T B L A N K

2.2.2

AN Z VA LUAT I ON A ND P ROPE R T Y STAN DARDS

2. 3
P INZ R UL ES O F CO ND UCT
The following clauses are an expansion of the preceding
public statement.

1.0 Professional and Pe rsonal

Cond uct
1.1

1.2

I.3

Members shall conduct their professional duties

and activities in a manner that reflects credit upon
themselves and their profession. High standards of
competence, honesty, loyalty, integrity and fairness
shall be observed at all times.
Members are bound by and agree to abide by the
Code of Ethics and Rules of Conduct, and (where
applicable) the Constitution, Bylaws or Rules of the
Institute, Practice Standards and compliance with
Continuing Professional Development (CPD) as
adopted by the Institute.
Members shall not accept an assignment that is
contingent upon or influenced by any condition
or requirement for predetermined results where
the exercise of objective judgement is required.
Members shall maintain the strictest independence
and impartiality in undertaking their professional
duties. To this end, no Member shall:
a.

adopt the role of advocate in a case where

their duty is to exercise independence and
impartiality;

b.

allow the performance of their professional

duties to be improperly influenced by the
needs or preferences of a client or other party;

c.

rely upon critical information supplied by a

client without appropriate qualification or
confirmation from other sources;

d.

1.4

1.5

1.6

Members shall be fair and honest in any public

criticism of the Institute or fellow Members.

1.7

Members shall not maliciously or carelessly

do anything to injure, directly or indirectly;
the reputation, prospects or business of other
Members.

2.0 Instructions, Inspections

and Reports
2.1

Instructions accepted by Members should

preferably be in writing and/or be confirmed in
writing by the Member in sufficient detail to avoid
any misinterpretation. Any variations or extensions
of the original instructions should similarly be
confirmed in writing.

2.2

Members shall not accept instructions beyond

their competence; however, assignments may be
undertaken in conjunction with a person having
the required competence after disclosure to the
client.

2.3

A valuation shall not be performed by a Member

without an inspection of the property concerned.
The inspection shall in all cases be sufficiently
comprehensive to enable the Member to complete
the valuation in accordance with the Practice
Standards of the Institute. Where, however,
a client s instructions expressly exclude the
requirements for a comprehensive inspection and
these instructions are accepted by the member
then the limitations to the valuation must be
clearly acknowledged by the member and client.

2.4

Members shall not reproduce any work or

reference prepared and presented by any other
Member, person, body or authority which creates
the impression that it is their own.

2.5

Members shall include in reports reference to any

relevant assumptions, conditions, requirements
and limitations arising from their instructions or
enquires, or imposed from any other source.

2.6

Members shall retain for as long as legally required,

adequate file notes which substantiate their
opinions by way of inquiry, objective comparison,
deduction and calculation.

2.7

Where information critical to the assignment being

undertaken is relied upon by a Member, the source
of that information should either be disclosed in

act in any other way inconsistent with the

duties of independence and impartiality.

Members in providing a valuation of real property

or an opinion on a real estate matter must give
a considered and reasoned answer. A member s
counsel constitutes professional advice which
must be prepared to the highest standards of
competency and rendered only after having
properly ascertained and weighed the facts.
Members shall not claim or present professional
qualifications which may be subject to erroneous
interpretations or which they do not possess.

PI NZ RULE S OF C ONDU CT

2.3.1

P I N Z R UL E S OF C ON D UC T

the relevant report or contained in the working

papers supporting the relevant report, and be
appropriately attributed in either case, unless the
information is protected by confidentiality, or the
Member is prevented by privacy or other like laws
from disclosing or referring to the source.
2.8

2.9

Members shall accept full responsibility for the

content of their reports. Where the report relies
on professional opinion from outside experts, the
degree of reliance must be indicated.

4.3

5.0 Conflict of Interest

5.1

Members shall not accept or carry out any

instruction where there may be, or may reasonably
be construed to be a conflict of interest. Members
shall withdraw from any instruction if a conflict
of interest arises or becomes known after an
instruction has been accepted. An exception to this
clause is where the conflict of interest is disclosed
to and accepted by the party or parties.

5.2

Where a conflict of interest arises or could arise a

Member shall promptly disclose the relevant facts
to the client and where appropriate:

Co-signatories to reports shall indicate the extent

of their involvement or the capacity in which they
are signing.

3.0 Fees and Pay m ents

3.1

Fees may be negotiated with a client on any

agreed basis that does not:
(a) infringe the Code of Ethics or any Statute or
Regulation;

(a) advise the client to obtain independent

professional advice;

(b) depend on the outcome of any valuation or

other independent objective advice.
3.2

No Member shall pay by commission, allowance

or other benefit to any person who may introduce
clients to them.

3.3

Members shall not accept payment or favours from

another party, which may affect their relationship
with a client.

(b) inform the client that neither the Member nor

the firm can act or continue to act for the
client unless the appointment or instruction
is confirmed in writing acknowledging the
actual or potential conflict of interest; and
(c)
5.3

4.0 Use of Mem ber s Nam e and

Desig nation
4.1

4.2

A Member should avoid the use of the Member s

name by, or personal association with, any
enterprise or activity which may bring the Member,
the Institute, or the profession into disrepute.

2.3.2

Where a conflict arises or could arise between

the interests of different clients of a Member or a
firm or company of which a Member is a partner
director or employee, a Member shall promptly
disclose the relevant facts to the instructing client
and where appropriate:

(b) inform the client that neither the Member nor

the firm can act or continue to act for the
client unless the appointment or instruction
is confirmed in writing acknowledging the
actual or potential conflict of interest; and

(a) The initials FNZIV and ANZIV denoting

(b) A Member s name and signature must appear

on every valuation or report undertaken,
together with the approved initials indicating
their status and where appropriate the
designation of Public Valuer , Registered
Valuer or such other designation as the
Institute may from time to time approve.

disclose the matter in any relevant document

or report.

(a) advise the client to obtain independent

professional advice;

Where applicable

Registered Valuer and Public Valuer ,

as appropriate, are personal to individual
Members and shall be used only following or
immediately in connection with the Member s
name.

For Members of the Property Institute of New

Zealand, the use of post nominals indicating the
status of Members and Registered designations
may only be used as permitted by the Property
Institute of New Zealand Bylaws.

(c)

disclose the matter in any relevant document

or report.

6.0 Client Relationships

6.1

Members shall not disclose to any other person or

party any confidential information provided directly
or indirectly by a client or to a client without the
permission of the client except where there is a
legal requirement for disclosure or the information
is of public or common knowledge.

AN Z VA LUAT I ON A ND P ROPE R T Y STAN DARDS

P I N Z R UL E S OF C ON D UC T

6.2

Members shall conduct themselves in a manner

and demeanour which is neither detrimental to
their profession nor likely to lessen the confidence
of clients or the public in the Institute or the
profession.

6.3

Members shall act promptly and efficiently in the

servicing of their client s instructions.

6.4

Members shall, in the case of unavoidable delay,

communicate to the client the progress being
made in respect of the instructions issued to the
Member.

6.5

Consistent with the duty of a Member to preserve

the confidentiality of client s affairs, a Member
shall not accept a retainer to act for another
person in any action or proceedings against, or in
conflict with, the interests of the client.

10.0 General
10.1

Members shall fully co-operate with any request

for information or directive from the Institute
where a complaint has been lodged or where there
is deemed to be a prima facie breach of the Code
of Ethics.

10.2

A Member who is convicted of any offence

involving dishonesty is in breach of the Code of
Ethics.

10.3

A Member (NZIV Members) shall at all times

faithfully observe and perform all the Member s
obligations under the Valuers Act .1948, with its
Amendments and the Regulations thereunder; and
the Rules of the Institute.

7.0 Ad vertising
7.1

Any advertising by a Member must not reflect

adversely on the professional integrity of the
Institute or its Members.

7.2

Members shall not include exaggerated or false

claims in any advertisement.

8.0 Reference to the Institute

8.1

No Member shall:
(a) purport to represent the views of the Institute
unless expressly authorised to do so;
(b) publicise the Institute or its Members generally
in terminology which has not either already
appeared in an advertisement published by
the Institute or received the approval of the
Institute.

9.0 Inducem ents for the

Introduction of Clients
9.1

No Members shall invite instructions for work

except in accordance with the Code of Ethics.

9.2

No Member shall directly or indirectly exert undue

pressure or influence on any persons, whether
by the offer or provision of any payment, gift or
favour of otherwise, for the purpose of securing
instructions for work, or accept instructions from
any person where there is reason to believe that
undue pressure or influence may have been
exerted by a third party in expectation of receiving
a reward for the introduction.

PI NZ RULE S OF C ONDU CT

2.3.3

P I N Z R UL E S OF C ON D UC T

N E W Z E A L A N D I N S TI TUTE OF
VA L UE R S C OD E OF E THI C S
(As provided in Rule 133)
Note: If you are a member of both NZIV and PINZ the NZIV Code of Ethics takes precedence.
Approved by members at the Annual General Meeting
of the Institute held on 12 April 1996, and approved by
the Minister in Charge of the Valuation Department in
accordance with Section 16(3) of the Valuers Act 1948, on
9 May 1996.
The following is the Code of Ethics of the Institute, and
every person referred to in Rule 8 of the Rules of the
Institute is bound by this Code. A breach of any of the
provisions of this Code may render the person concerned
liable to disciplinary action.

I.

Professional Responsibility

1.1

The first duty of each and every member is to

render service to the member s client or the
member s employer with absolute fidelity, and to
practise their profession with devotion to high
ideals of integrity, honour and courtesy, loyalty
to the Institute, and in a spirit of fairness and
goodwill to fellow members, employees and
subordinates.

1.2

A members conduct shall at all times uphold

the reputation of the Institute and the dignity of
the profession and abide by all laws, statutes,
regulations and rules relevant to their professional
practice.

1.3

Each and every member shall maintain the high

standards of their profession and should refer
to the Institute, any act or omission of a fellow
member they are aware of and which may appear
to bring discredit on the Institute or its members.

1.4

No member shall prepare or certify any statement

which is known to be or ought to be known to
be false, incorrect, misleading, deceptive or open
to misconstruction by reason of a misstatement,
omission or suppression of a material fact, any
deceptive act, or otherwise.

1.5

A member shall exercise the utmost care and good

faith to ensure the maintenance of the highest
standards in the preparation of statements, reports
and certificates, as these constitute one of the
most valuable assets of the profession, being relied
upon by clients, employers, shareholders, investors,
creditors and the public.

2.3.4

1.6

When asked for a valuation of real property, or an

opinion on a real estate matter, no member shall
give an unconsidered answer. A member s counsel
constitutes professional advice which must be
prepared to the highest standards of competency
and rendered only after having properly
ascertained and weighed the facts.

1.7

A member must maintain the strictest

independence and impartiality in the performance
of the member s professional duties. To this end no
member shall
a)

adopt the role of advocate to the exclusion of

that independence and impartiality

b)

allow the performance of that member s

professional duties to be improperly
influenced by the preferences of clients or
others as to the result of their professional
work

c)

rely improperly upon information supplied by

clients or others in the performance of their
professional duties; or,

d)

act in any other way inconsistent with the

duties of independence and impartiality.

2.

Responsibility to Clients

2.1

Every member shall act towards that member s

clients in all professional matters strictly in a
fiduciary manner. Any information of a confidential
nature given to the member by a client shall be
kept confidential and not disclosed to any other
party without the consent of the client. A member
shall not be deemed to commit a breach of this
requirement by reason of a member answering any
question which the member is legally compellable
to answer in any judicial proceedings in which the
member is called as a witness.

2.2

A member must not accept or carry out any

instruction where there is, or may reasonably
be construed to be, a conflict of interest and
must withdraw from any instruction if such a
conflict of interest arises or becomes known after
the instruction has been accepted, unless such
conflict of interest is fully disclosed in writing to all
relevant parties and all such parties agree that the

AN Z VA LUAT I ON A ND P ROPE R T Y STAN DARDS

P I N Z R UL E S OF C ON D UC T

instruction may be accepted or continued by the

member.
2.3

A member must inform the member s client or

clients of the nature of any business connections,
interests or other affiliations the member may
have in connection with the service to the client or
clients.

2.4

A member should not undertake any work for

which the member is not qualified or where
the member is in any doubt or ought to be in
any doubt as to the adequacy of the member s
professional competency and or experience to
undertake the work unless such work is completed
under the supervision of a person of adequate
competence.

3.

Professional Fees

3.1

No member shall in respect of the member s

professional work levy a fee to the member s
client that is other than reasonable in all the
circumstances. A member shall make known the
basis of the member s fee if requested by the
client.

3.3

Fees may be negotiated on any mutually agreeable

basis. However, no fee shall be contingent upon
the reporting of a predetermined value or direction
of value that favours the cause of the client, the
amount of the value estimate, the attainment
of a stipulated result, or the occurrence of a
subsequent event.

3.4

A member shall not pay by commission or

otherwise any person who may introduce clients to
the member.

3.5

A member s charge to the member s client or

clients shall constitute their only remuneration in
connection with their professional advice.

4.
4.1

Professional Work b y
Mem bers in Em p loy m ent
A member in employment shall not accept
professional work on the member s own account
unless with the knowledge and consent of the
member s employer or unless the member s
employment contract expressly provides such
authority.

5.

Professional Com petency

5.1

As part of maintaining the standards of

professional competency referred to under Clause

PI NZ RULE S OF C ONDU CT

1.6 and 2.4 hereof every member shall, unless

exempted by Council, participate in an ongoing
annual programme of Continuing Professional
Development in accordance with guidelines
published to members from time-to-time by the
Institute.

6.

Use of Mem ber s Nam e and

Desig nation

6.1

A member should avoid the use of the member s

name by, or personal association with, any
enterprise or activity which may bring the member,
the Institute, or the profession into disrepute.

6.2

The initials F.N.Z.I.V. and A.N.Z.I.V. denoting

Registered Valuer and Public Valuer , as
appropriate, are personal to individual members
and shall be used only following or immediately in
connection with the member s name.

6.3

A member s name and signature must appear on

every valuation or report undertaken, together
with the approved initials as set out in the Rules
of the New Zealand Institute of Valuers indicating
their status as a Fellow or Associate and where
appropriate the designation of Public Valuer ,
Registered Valuer or such other designation as
the Institute may from time to time approve.

6.4

A member acknowledges that when signing

reports as the primary professional the member
accepts full responsibility for the content of those
reports including content that may be the result of
inquiries or development by others.

7.

Advertising and Prom otion

7.1

A member may advertise or promote the

member s professional services, either individually
or collectively, provided that such advertising or
promotion complies with the following:
7.1.1

It must not contravene, or be inconsistent

with, the other provisions of the Code of
Ethics.

7.1.2

It must not contain any reference to a

client without that client s consent having
first been obtained.

7.1.3

The content does not carry the implication

of any ability to influence any court,
tribunal, regulatory agency, or similar body
or official.

2.3.5

P I N Z R UL E S OF C ON D UC T

7.2

A member when advertising or presenting practice

stationery shall not do so in a manner that may be
construed as misleading.

7.3

A member is responsible for any advertising or

promotion which the member has expressly or
impliedly authorised or which is for the member s
benefit.

7.4

Neither the Institute s crest or logo may be used

without first obtaining approval of the Council.

8.

General

8.1

A member shall at all times faithfully observe and

perform all the member s obligations under the
Valuers Act 1948, with its amendments and the
Regulations thereunder, and the Rules of the
lnstitute.

8.2

A member shall at all times abide by every lawful

decision of the Councillor of the Committee of
the Branch of which they are a member or of any
general meeting of the Institute or of that Branch.

2.3.6

AN Z VA LUAT I ON A ND P ROPE R T Y STAN DARDS

3. 1
T H E I N T E R N AT I O N A L VA L U AT I O N
S TA N D A R D S C O U N C I L
For the latest inter national valuation standard s
please go to ht t p ://w w [Link] g
or
If an API m em ber y ou m ay access IVSonline via API s e-lear ning site.
API m em bers m ust register for access; for further inform ation refer
to ht t p ://w w [Link] [Link] .au/m e nuitem /p rofessional-and-t echnicalstandard s/ivs-o nline
See IVSonline for:
Introduction
IVS Framework
IVS General Standards
IVS Asset Standards
IVS Applications
IVSC Technical Information Papers

THE INTE RN ATI ONA L VALU ATIO N S TANDA RD S C OUNCI L

3.1.1

THI S PA G E I S I N TE N TI ON A L LY L E F T B L A N K

3.1.8

AN Z VA LUAT I ON A ND P ROPE R T Y STAN DARDS

4. 1
I N T E R N AT I O N A L VA L U AT I O N
S TA N D A R D S
For the latest inter national valuation standard s
please go to ht t p ://w w [Link] g
or
If an API m em ber y ou m ay access IVSonline via API s e-lear ning site.
API m em bers m ust register for access; for further inform ation r e f e r
to ht t p ://w w [Link] [Link] .au/m e nuitem /p rofessional-and-t echnicalstandard s/ivs-o nline
See IVSonline for:
Introduction
IVS Framework
IVS General Standards
IVS Asset Standards
IVS Applications
IVSC Technical Information Papers

I NTERN AT ION AL VALU ATI O N STANDA RDS

4.1.1

THI S PA G E I S I N TE N TI ON A L LY L E F T B L A N K

10
.1.2

AN Z VA LUAT I ON A ND P ROPE R T Y STAN DARDS

5. 1

I N TE R N ATI ON A L VA L UATI ON A P P L I C ATI ON

I N T E R N AT I O N A L VA L U AT I O N
A P P L I C AT I O N
For the latest inter national valuation standard s
please go to ht t p ://w w [Link] g
or
If an API m em ber y ou m ay access IVSonline via API s e-lear ning site.
API m em bers m ust register for access; for further inform ation r e f e r
to ht t p ://w w [Link] [Link] .au/m e nuitem /p rofessional-and-t echnicalstandard s/ivs-o nline
See IVSonline for:
Introduction
IVS Framework
IVS General Standards
IVS Asset Standards
IVS Applications
IVSC Technical Information Papers

I NTERN AT ION AL VALU ATI O N APPL IC ATI ON

5.1.1

I N TE R N ATI ON A L VA L UATI ON A P P L I C ATI ON

THI S PA G E I S I N TE N TI ON A L LY L E F T B L A N K

5.1.2

AN Z VA LUAT I ON A ND P ROPE R T Y STAN DARDS

I N TE R N ATI ON A L VA L UATI ON G UI D A N C E N OTE S

6. 1
I N T E R N AT I O N A L VA L U AT I O N
GUID A NCE NO TES

For the latest inter national valuation standard s

please go to ht t p ://w w [Link] g
or
If an API m em ber y ou m ay access IVSonline via API s e-lear ning site.
API m em bers m ust register for access; for further inform ation refer
to ht t p ://w w [Link] [Link] .au/m e nuitem /p rofessional-and-t echnicalstandard s/ivs-o nline
See IVSonline for:
Introduction
IVS Framework
IVS General Standards
IVS Asset Standards
IVS Applications
IVSC Technical Information Papers

I NTERN AT ION AL VALU ATI O N GUI DANC E N OTE S

6.1.1

I N TE R N ATI ON A L VA L UATI ON G UI D A N C E N OTE S

THI S PA G E I S I N TE N TI ON A L LY L E F T B L A N K

6.1.2

AN Z VA LUAT I ON A ND P ROPE R T Y STAN DARDS

A N Z P R A C TI C E S TA N D A R D 1

7. 1

A N Z P S 1 VA L U AT I O N S F O R
CO M P UL S O RY A CQ UIS ITIO N S
This Practice Standard relates to ANZ Valuation Guidance
Note 5

1.0 Int rod uction

1.1

Underlying Principle
A Member undertaking a valuation as part of a
compulsory acquisition process affecting an interest
in land, shall observe the requirements of this
Practice Standard and must conform with the
Institute s Code of Ethics and Rules of Conduct and
any relevant law, or regulation that may apply from
time to time.

1.2

Status

2.3

Experts Report
A Member acting as an expert valuer shall prepare
a valuation report as an independent expert in
accordance with this Practice Standard having
regard to relevant legislation and decisions of
relevant Courts and which:
o

addresses the elements or heads of

compensation,

explains the basis of the assessment,

provides a description of the methodology,

assumptions and calculations which have
been utilised,

rationalises the market evidence relied upon in

assessing the value of the claimant s interest,
and

can be relied on as evidence of value at any

stage of negotiations or as required under the
settlement process by agreement, arbitration
or court proceedings.

Practice S tandards hav e

m andatory s tatus .

1.3

Scope
This Practice Standard applies to a Member
involved in an acquisition or the pre-acquisition
process affecting an interest in land, whether
acting for a Public Authority or a claimant.

2.0 THE MEMBERS ROLE

2.1

Advocate
A Member is entitled to act as a claimant s
advocate during the acquisition process, however
the advocacy role is subject to proper professional
practice in conducting negotiations on a client s
behalf and that role must be declared to all parties.
behalf based on valuation principles and practice
but must not act as an advocate then as an expert
in the same matter.

2.2

If required by the client a Member shall support the

assessment (with relevant support from other
professionals and experts) in any discussions with
the other party or its representatives or consultants
and if required, present evidence in a court or
tribunal.

3.0 DEPARTURE PROVIS IONS

Where a Member considers circumstances exist that
warrant departure from or non-compliance with any rule
herein, the Member s report shall include a statement that
outlines the reasons for the departure or non-compliance
and any impact on the content of the report.

Ambit Claims
A Member shall not prepare a valuation, report
or advice which cannot be supported by the
application of market evidence and accepted
valuation principles.
Members must support their clients claim by the
preparation and submission of a valuation report.

ANZP S 1 VALU ATI ONS FOR COMPULS O R Y AC QUIS ITI ON S

7.1.1

THI S PA G E I S I N TE N TI ON A L LY L E F T B L A N K

7.1.2

AN Z VA LUAT I ON A ND P ROPE R T Y STAN DARDS

8. 1

A N Z VA L UATI ON G UI D A N C E N OTE 1

ANZVGN 1
VA L U AT I O N P R O C E D U R E S --- R E A L
PROPERTY
1.0 Introd uction

2.0 Instructions

1.1

2.1

Purpose
The purpose of this Guidance Note is to provide
information, commentary, opinion, advice and
recommendations to Members undertaking
valuations of any real property for any purpose.

1.2

1.3

Instructions should be confirmed in writing, and

include details regarding access arrangements,
identification, ownership, agreed fee (or basis for
its calculation) and, if applicable, the purchase
price and the selling agent.

Status of Guidance Notes

Guidance notes are intended to embody
r
and therefore may
(although this should not be assumed) provide
some professional support if properly applied.
While they are not mandatory, it is likely that they
will serve as a comparative measure of the level
of performance of a member. They are an integral
Valuation and Property Standards

The instructions should also list the parties

intended to rely on the valuation, the purpose of
the valuation, and agreed time for completion of
the report.

3.0 Scope of w ork

3.1

ANZ VG N 1 VALU ATI O N PR OCEDU RE S --- REA L P ROPE R TY

Scope of Work
Before commencing any valuation it is important
to clarify with the client what is to be included in
the scope of work.

Scope of this Guidance Note

This guidance note applies to Members providing
valuations in respect of any real property for any
purpose. It should be used, as far as applicable,
in conjunction with other guidance notes and
practice standards that are either over-arching or
directly applicable to the type of real property,
purpose or issues involved. As there are many
types of properties and various levels of reporting,
the member should decide which matters are
applicable and the extent of detail required
to ensure that the client is adequately and
appropriately informed. This guidance note is
not intended to outline methods of valuation of
any particular type of property but may comment
on matters that should be addressed in reports in
respect of certain properties types or uses. Where
appropriate, methods of valuation are covered in
other guidance notes.

Confirmed in Writing

3.2

Fixtures and Non-Fixtures/ Chattels

Often the distinction between fixtures (ie items
that are included with real property) and not
fixtures/chattels is contentious. An example of
a fixture may include heating/ air conditioning
installations including ventilation systems etc. An
example of a non-fixture/chattel may include a
moveable article of property such as household
furniture. Borderline cases often arise and it is
important that the Member clearly identifies what
items have been included and what items have
been excluded

3.3

Examples of Fixtures
There are certain items that are generally regarded
as fixtures (i.e. usually included with real property).
These may include the following:
o

electric wiring to light points and power

sockets, lighting systems, etc.;

fire and smoke detector, fire alarm and other

hazard warning systems;

8.1.1

A N Z VA L UATI ON G UI D A N C E N OTE 1

3.4

heating/air conditioning installations including

ventilation systems, etc.;

goods and passenger lifts, escalators and

power walkways;

domestic water systems and domestic effluent

waste disposal plants; and

firefighting installations including sprinkler

systems, together with water tanks, pumping
sets, etc., rising mains, fire hose reels and
other fire extinguishing installations.

electric power distribution associated

with the process or production of plant
and equipment, including generators,
transformers, switch panels and cabling;

lifting equipment including overhead

travelling cranes, swivel jib cranes, lifting
beams and chain blocks;

effluent treatment plants specifically installed

for process and trade effluent;

steam raising plants and boilers primarily used

in connection with the manufacturing process
including exhaust stacks and reticulation
systems; and

telephone installations and computer cabling.

4.5

4.6

4.7

4.8

Instructing Party

A statement as to the purpose of the valuation.

4.3

Date of Valuation
The date of valuation is usually the date of
inspection of the property.

8.1.2

Lease or License Details

Where the property is the subject of a lease,
licence or other occupancy agreement, then the
Member should note all relevant details applicable
to that lease/licence/agreement and its impact
(if any) upon the value. If the Member is unable
to obtain or sight the original lease documents/
licence/ agreements, or a proper copy thereof,
then reference to that fact should be noted in the
property report with an appropriate qualification
that the detail is to be confirmed before relying
on the valuation. A Member could recommend or
request that a copy of the executed or registered
documents be forwarded to the Member for
confirmation.

All valuation reports must include content as is relevant to

the type of property and the style of report (unless using a
pro-forma required by a client). The extent of detail under
any heading will vary depending on the style of report and
the nature of the property. Report content usually includes:

Purpose

Nature of Interest
The nature of the interest valued. This will usually
be fee simple vacant possession, fee simple subject
to tenancy or in some cases the value of the
lessees interest.

4.0 Report Content

4.2

Legal Description
The legal description of the property, noting any
encumbrances on the available title documentation
and the impact on value and marketability of the
property. Members are encouraged to conduct
their own title searches. A Member should
indicate if a title search has not been undertaken.

Interpretation in Specific Cases

Details of instructing party and/or client who is to

rely on the valuation.

Methodology, Reconciliation and Value

Range
Unless not required in a pro-forma report, the
methodology should be appropriately outlined for
each approach along with important calculations
and rationale. A reconciliation of the approaches
adopted should be included. A value range may
be expressed before being reconciled to a single
point figure.

Where there is doubt regarding the classification of

an item it should be clarified with the client.

4.1

Basis of Value
The basis or bases of value on which the valuation
is conducted.

Examples of Non-Fixtures
As a guide items that are generally regarded as
plant and equipment and therefore excluded from
a real property valuation include the following:

3.5

4.4

4.9

Dimensions and Area

The land area should be included in a report and
measurements may also be provided.

4.10 Location and Locality

The location requires a statement as to the position
of the property relative to the CBD, nearest

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A N Z VA L UATI ON G UI D A N C E N OTE 1

main town or regional centre. Locality requires a

description of the immediately surrounding
neighbouring development, drawing attention to
any positive and/or negative features which may
affect value.

4.11 Town Planning/Resource Management

Provide town planning (NZ - Resource
Management) details, noting the name of the
Planning Instrument or Authority and comment
on the present use of the property in relation to its
zoning and any proposed alterations to the zoning.
A Member should consider:
o

the need to sight and review any development

or other consent and the conditions thereto
affecting the property.

o
roperty, particularly when that
use is different to the current use of the
property.
o

any public or private authority reservations,

designations or proposals.

4.12 Site, Services and Environmental

Hazards
A description of the nature of the site, its
services and details of any significant observable/
visual and/or known defects or hazards, e.g.
flooding, landslip, observable or known site
contamination, inadequate drainage, etc. If
Members are concerned as to the possibility of site
contamination at inspection they should where
possible make all appropriate enquiries, including
enquiries of the relevant statutory authority (local
or otherwise) as to the history and previous use
of the site. An appropriate qualification as to
the result of such investigation should where
necessary, be incorporated within the property
report.
A Member should indicate that they are not expert
in contamination issues (unless that is the case)
when comment is made on such matters.

4.13 Structural Improvements

A description of the structural improvements
including, approximate age, area and
accommodation of buildings and their general
state of repair. Any integral plant included in the
valuation should be identified. If the Member
observes that the improvements are affected by
any deleterious substances, (eg. asbestos), or items
of obvious non-compliance in relation to relevant

ANZ VG N 1 VALU ATI O N PR OCEDU RE S --- REA L P ROPE R TY

regulatory codes, appropriate comments should be

made. Comment should however be made on
whether the building is functional for its current
use and if there is significant obsolescence or overcapitalisation.
Members are not usually expert in structural
matters and should recommend the use of other
experts where appropriate.

4.14 Lease(s)
Where a property is subject to a lease(s), an
appropriately detailed epitome should be
included. A statement regarding the source of the
documents should also be made and whether they
have been sighted. In the event that the lease has
not been sighted a qualification should be made in
the report to this effect.

4.15 Outgoings and Recoveries

Where a property is subject to one or more leases
which warrant the use of the income capitalisation
approach, actual and/or estimated building
outgoings and operating expenses should be
noted along with any recoveries under the lease.
Where appropriate, actual outgoings should be
compared to historic actuals, current budget and
those for comparable properties (explicit evidence
should be noted where available).

4.16 Marketability
Comment on any inherent or external features
favourably or adversely affecting the marketability
of the property.

4.17 Further Investigation Other Experts

Any factors that the Member feels require
further investigation and/or information should
be noted including, for example, matters that
other professionals may be required to provide
because of the limit of a Member s qualifications,
experience or knowledge.

4.18 Condition of the Market

Comment on the condition or state of the
market for the class of property. In appropriate
circumstances, a more detailed analysis of the
market dynamics may be appropriate.

4.19 Market Evidence

The basis of valuation adequately detailed for the
type of property, type of report, the condition of

8.1.3

A N Z VA L UATI ON G UI D A N C E N OTE 1

the market and providing a reasoned approach to

the valuation.

Comment on any sale of the subject property

within the previous 3 years (or a longer period
if the Member considers this relevant) and any
known circumstances or conditions pertaining to
that sale.

Further guidance is included below at 8.0

Comment on any known contract for sale

including price and any circumstances or
conditions relating to that sale contract, if these
are known to the Member. A current or recent
sale of the subject should be considered against
other evidence as it has been a test of the market.
In the case of property this should include sales
and rental data evidence and justification by
reference to market evidence of any capitalisation
rate adopted. As warranted, the application of
this data should be shown or explained.

4.20 Single Valuation Figure

The Market Value should be expressed as a single
valuation amount.

4.21 Sale in One Line or Single Transaction

Where a Member undertakes a valuation of
multiple properties in one development, such as
lots in a subdivision or units in a building, the
sum of the individual values or gross realisation
assessed on the basis of an orderly marketing and
sale program should be clearly defined as the total
gross realisation.
The valuation of multiple properties in one
development should be completed on the basis
of a single transaction or sale in one line to one
buyer. This valuation approach should incorporate
an appropriate discount to reflect the costs
incurred in realising the proceeds from the sale
of the individual properties. These costs normally
include marketing and sale costs, holding costs
and a profit and risk factor.

4.22 Proposed Developments

Where the subject of a report is a proposed
development of the property the report should
clearly state:
o

the source of information upon which the

report is based,

basis,
and

8.1.4

any assumptions necessary to ensure the basis

of the report is clear.

4.23 General Market Advice

It is acknowledged that Members may, in certain
circumstances, be requested to provide general
market advice to clients on a specific property.
However Members should be aware that such
market advice may still be interpreted in a legal
sense as a valuation. The scope of work should be
defined to protect the interests of all parties who
may rely on the advice.

4.24 Going Concerns

Where the property being valued is operating as a
r
trading figures would normally be considered. The
report should:
o

state the source of the trading figures,

have annexed to it, a copy of trading figures

supplied, and

show any adjustments made to those figures

in the valuation process.

Further guidance is included below at 9.0

4.25 Disclaimers and Qualifications

Appropriate disclaimers and qualifications
should be included in a valuation report. These
are designed to inform the client of the level
of reliance that can be placed on the report
and whether further action is required. ANZ
Real Property Guidance Note 1 [ANZRPGN 1]
provides a range of clauses for consideration
for inclusion in reports as appropriate as well as
guidance in drafting them and incorporating them
into a report.
Due Consideration
These disclaimers and qualifications should not be
incorporated in valuation reports without due
consideration. Each individual case will determine
the qualifications that are appropriate. ANZRPGN
1 makes recommendations as to how they should
be included.
Third Party Disclaimers
To the extent that such disclaimers are permitted
by law, it may be appropriate, and indeed required
by a Member s professional indemnity insurer
to include a third party disclaimer in a valuation

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A N Z VA L UATI ON G UI D A N C E N OTE 1

report, although Members should recognise the

fact that no one third party disclaimer will cover
every possible situation. Examples of these clauses
are also included in ANZRPGN 1.

4.26 Signing the Report

The report shall be signed by the person who
conducts the valuation (who must be the person
who inspects the property). Where the report is
counter-signed, the capacity in which the countersignatory is signing the report must be clearly
stated (especially if the counter-signatory has not
personally inspected the property and carried
out the research and report). This is to avoid
misunderstanding by anyone relying on the report
who might otherwise be under the impression that
a coalso inspected the property and had significant
involvement in the valuation process. As an
example, the following clause could be used:

and use of digital mapping cadastres also provides

for Geographic Positioning Systems (GPS) which
can be a suitable aid in confirming the location of
the pr

5.3

It is desirable where possible for the Member

to sight a contract of sale for the property and,
where possible, obtain and/or sight any certificates
attached to the contract of sale such as a survey
certificate, sewer diagram, title plan, zoning and/or
any other local government certificates. (NZ-Land
Information Memorandum, Resource Consent)

5.4

5.1

5.5

Identification

Confirm Street Address by Plan

Reference
While identification of the subject property by
street number and street name should be
confirmed where the property has such, the street
address is not the legal description of the property.
A Member, where possible, should also sight a
cadastral plan, deposited plan or other document
enabling the actual identification of the property
by lot and plan/section number and reference to
physical features such as cross streets, public
reserves, or other local features. These details may
be found on a Certificate of Title. The availability

ANZ VG N 1 VALU ATI O N PR OCEDU RE S --- REA L P ROPE R TY

Inspection of Buildings and Other

Improvements
Buildings and other significant improvements
should be measured and inspected internally and
notes taken recording the fixtures, fittings and
the general state of repair and condition of the
building (or buildings) and improvements at the
time of inspection. A Member should also take
appropriate photographs and comment upon
the services available to the property at the time.
Those notes and/or dictation recording should be
clearly and accurately recorded in writing in the
form of the Member
Members
should not discar
documents relied upon in undertaking their
valuation. A dictated recording made at the
time of inspection is acceptable provided it is
then converted to either hard copy format, or an
electronic format enabling hard copy production
upon request.

A Member should obtain sufficient information

and carry out sufficient on-site observations to
allow the property to be adequately identified.
The source of the information should be noted. A
member should exercise due caution and confirm
where necessary before relying on information
provided by other parties.

5.2

Within Fenced Boundaries

When carrying out a valuation without the benefit
of a current survey (cadastral) report or an accurate
Geographic Positioning System (GPS) a Member
is not qualified to advise lenders as to whether
buildings or other improvements are within the
title boundaries. A Member may indicate after
observation that the buildings are within the
fenced boundaries but should not generally
comment in relation to the title boundaries
without the benefit of a survey report (other than
to indicate the need for a survey report). Any
check measurement carried out to assist in this
process should be appropriately qualified.

The counter signatory, who has read and

signed this report, verifies that the report
is genuine and is endorsed by [firm name].
The opinion of value expressed has been
arrived at by the person who conducted the
valuation.

5.0 Inspection and Enq uiry

Guid elines

Sight Contract of Sale and Certificates

5.6

Preferred Method of Inspection

Subject to any specific instructions from the Client
and as relevant to the property type, the preferred

8.1.5

A N Z VA L UATI ON G UI D A N C E N OTE 1

method of inspection and notation of that

inspection is as follows:

Design features --- spacing of columns or clear

spans, internal height, minimum clearances
to roof frame, door clearances (height and
width);

Ancillary structures and ground improvements;

Hard-stand and storage areas; and

Fencing.

Sketch Plan of Main Building

Sketch the external walls and record dimensions of
the main building (preferably to scale) and record
details of the internal layout (unless a copy of a
building plan is obtained, checked and retained).
While not imperative, noting on the plan positions
of doors and windows, cupboards, special fixtures
and services and prime cost (PC) items, could prove
beneficial for subsequent reflection and reporting.
Note also adjacent improvements and buildings.
The Member may use suitable alternative methods
of recording this information.

The Member should also note:

o

Any obvious significant external and/or

internal defects, or items of non-compliance
with Building and Fire Regulations which fall
within the Member s area of expertise (noting
any recommendations for obtaining advice
from other professionals/experts in relation to
those defects or items);

Overall general condition, maintenance and/

or state of repair of the building(s), building
services and improvements as far as can be
ascertained by ready visual inspection.

Items to Note
During the course of inspection all relevant items
should (as practical and as applicable to the type
of property) be described and commented upon
including:

8.1.6

Services connected or available to the site;

Flooring;

Wall and Roof Framing;

Any current certificates on the land such as

white ant certificates, Health orders, Council
orders, Non-conforming uses

External wall coverings;

External Features

Ventilation;

Roof drainage;

Note any views, lines of sight and the nature

of surrounding development.

Internal linings to walls and floors;

Ceilings;

Ceiling heights;

In the case of strata, unit and community title

properties, obtain a copy of the relevant plan
and any relevant documents.

Roof coverings;

Photographic Records

Special design or architectural features;

Building services, e.g. sprinklers, hydrants,

hose reels, ventilation/air conditioning,
security systems, auxiliary power and lighting,
escalators and elevators;

A Member should take appropriate

photographs as a record of the improvements
and the other features of the property.

Natural and artificial lighting;

Prime Cost Items;

Amenity and storage areas;

Car parking facilities;

Loading and unloading facilities;

Courier access;

Excavations;

Landscaping;

Vehicular access points and manoeuvring

areas;

Strata/Community Title Plan

6.0 Market Evidence and

Market Analy sis
6.1

Research
Relevant market transactions should be researched
and analysed along with other market indicators.
The extent of the research and analysis should be
appropriate to the type of property and the report.
Sales Evidence
Details of a number of comparable sales should be
included in any valuation report, (though a much
wider range of data may be considered and
analysed).

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Local Transactions
Sales researched should, as far as possible, be
recent transactions. Where more than six months
has elapsed since a sale (or if the market is
changing rapidly, some lesser period), appropriate
comments may need to be made about any
change in the market since the sale occurred.

7.2

6.2

7.3

7.4
Consideration of Sale Price of Subject
The selling price of the subject property should
be researched and considered by the Member
in relation to other sales evidence, the overall
state of the market and the requirements set out in
the definition of Market Value. If it appears
inconsistent with the market, it may be appropriate
to check with the agent or solicitor for any unusual
circumstances surrounding the sale or special
conditions in the contract. If it is confirmed as an
inconsistent sale, this, and the reasons, should be
specifically noted in the report.

6.4

7.0 Valuation
7.1

Methodologies
Valuations should be based on the available
market evidence and using one or more of the
following methods as appropriate:

ANZ VG N 1 VALU ATI O N PR OCEDU RE S --- REA L P ROPE R TY

Cost Approach (Depreciated Replacement

Cost or DRC)

Owner-Occupied Property

Specialised Properties

Calculations
Valuation calculations should be summarised in the
report.

7.5

Valuation
A single amount should be recorded for the value
in line with traditional valuation practice. A report
may however address the value range or tolerance
within which the valuation falls. The valuation
will normally be arrived at after consideration of
several valuation methodologies. The value
assessed by the Member should relate to the
market conditions existing at the date of valuation
(which will normally be the date of inspection) and
should reflect the appropriate definition of value.

Written Down Values Of Plant

The Written Down Value of plant and equipment
for taxation purposes, when included with a
property valued, should be commented upon in
relation to any substantial departure from Market
Value.

Income Capitalisation Approach; and

Where a property includes significant specialised

improvements for which there could be limited
demand, comment should be provided on
alternative uses and how this might impact on
value and marketability. It should also include
comment on the strength of the market for the
design use.

Outside Evidence
Where the property to be valued is within a new
subdivision or development and is being purchased
from the developer, re-sales or sales from other
comparable developments should also be provided
and considered where available as a cross
reference.

6.3

For owner-occupied properties the valuer should

consider the purpose of the valuation (eg for
financial reporting or mortgage and loan security
purposes) to determine the correct valuation basis.

Company Title
For company title units obtain details from
the Company Secretary of any share transfers
and review the articles and memorandum of
association and any other relevant documents.

Sales Comparison Approach, which includes

direct comparison on a unit basis or the
summation approach

noting the relevance or limitations of any approach

adopted and reconciling the various approaches.

Adjustment of Sales Evidence

Where sales are not directly comparable as to date
of sale or other factor, but in the same locality, the
Member should provide an explanation.

7.6

Marketing Period
The assessment of Market Value does not envisage
an indefinite marketing period, nor does it state a
time period. It should reflect a typical marketing
period for the class of property in the then
current market conditions. Conceptually, this
period is envisaged as having preceded the date
of valuation. A Member should, if requested,
provide an estimate of the likely marketing period
V
In such circumstances the Member should also

8.1.7

A N Z VA L UATI ON G UI D A N C E N OTE 1

provide a statement of the dynamics of that

market.

7.7

used. Where figures are not sufficiently detailed or

reliable or do not cover a sufficient period,
comment should be made as to the impact this
could have on the value and/or marketability of the
property. If a Member is specifically instructed to
carry out a valuation without adequate figures, the
report should be appropriately qualified.

Specified Marketing Period

If a client requests a valuation reflecting a specified
marketing period, careful consideration should be
given as to

9.3
7.8

Forced Sale
Market Value does not reflect mortgagee-inpossession or other forced sale conditions, where
the realisable price under certain market conditions
is likely to be less than Market Value. Refer
ANZVGN 3 Valuations for Mortgage and Loan
Security Purposes (Forced Sale).

8.0 Value as If Com plete

8.1

Valuation of Proposed Improvements

A Member may provide a valuation of a proposed
building or project assuming completion at the
date of
V
valuation. Members should refer to Guidance
Note ANZVGN 2.

Chattels, Plant and Equipment

Where chattels, plant and equipment are part of
r
report.

9.4

Management
The impact of management on the trading figures
should be addressed.

9.5

Unusual Operations
Where the subject of the report is an property used
for an unusual operation, the dynamics of the
market for its product should be explained.

10.0 Licences, Rights and

Perm its
10.1 Preservation of Rights

8.2

Proposed Lease(s)
Where a lease(s) is proposed over a property the
valuation should be expressed as Value As If
Complete and treated in a similar manner to a
valuation of proposed improvements.

9.0 Valuation of Going

Conce r ns
9.1

Basis
Valuations in relation to Going Concern properties
should identify the interests valued as one of the
following:

9.2

8.1.8

Going Concern, walk-in, walk-out (plus Stock

at Valuation (SAV))

lessors interest (sometimes known as the

freehold)

lessees interest (sometimes known as the

leasehold).

Where a property has a licence, right or permit

the Member should examine its terms and provide
an epitome in the report. The Member should
note any measures required to keep the element
current or to preserve the licence, right, or permit
in the event of the mortgagee having to enter into
possession.

10.2 If Personal Property

Care should be exercised to ensure that the
licence, right or permit attaches to the land (and/or
improvements) and is not personal property, as a
mortgage would not normally encompass personal
property. A special charge may need to be taken
over the element involved.

11.0 Transm ission of Re ports

Where a member proposes to provide a document to
a client in an electronic format, the Member should:

Trading Figures for Going Concerns

(a) obtain the client s prior consent to send the

document electronically (as opposed to sending a
traditional paper-based document) and

Trading figures for Going Concerns should be

obtained, analysed and commented upon. Where
possible audited or verified figures should be

(b) agree with the client on acceptable types of

electronic signature to be used to sign the
document.

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Where Practice Standards require certain documents

to be counter-signed, and where such documents are
to be sent electronically, the Institute recommends
that the member should obtain the clients consent in
accordance with the section outlined above.
The Member should include a prominent disclaimer
in the electronic transmission of the document (see
ANZ Real Property Guidance Note 1 for further
information on Disclaimer Clauses and Qualification
Statements). An example of such a disclaimer is as
follows (note: the Member should use their own skill and
judgement when determining whether this example is
appropriate for its circumstances):

13.0 Post Valuation Consultancy

Where a Member has provided a valuation report and
matters are raised with the Member by the instructing
party, it is the Member s professional responsibility to
respond to any such reasonable queries, even though
no additional fee is offered. However, the Institute
recognises that in the case of a variation from the original
instructions, it may be appropriate for the Member to seek
an additional fee.

[COMPANY NAME] NOTICE

The information in this electronic transmission
(including any attached files) is intended only for
the person or entity to which it is addressed and
may contain confidential and/or sensitive material.
Any review, retransmission, dissemination or other
use of, or taking of any action in reliance upon, this
information by persons or entities other than the
intended recipient is prohibited. If you received
this in error, please notify us immediately by reply
e-mail [or insert other contact details] and delete the
information from any computer.

12.0 Special Issues

12.1 Adverse Impact
A Member should be particularly alert to special
issues which may impact adversely on the value
and/or marketability of particular properties rather
than properties in general. These could include
but are not limited to:
o

the potential for or the existence of a Native

Title claim, a land claim or in New Zealand,
Treaty of Waitangi claim

actual or potential site contamination

other environmental issues such as urban or

rural salinity

ANZ VG N 1 VALU ATI O N PR OCEDU RE S --- REA L P ROPE R TY

8.1.9

THI S PA G E I S I N TE N TI ON A L LY L E F T B L A N K

8 . 1 . 10

AN Z VA LUAT I ON A ND P ROPE R T Y STAN DARDS

8. 2

A N Z VA L UATI ON G UI D A N C E N OTE 2

A N Z V G N 2 VA L U AT I O N S F O R
M O RTGA GE A ND L O A N S ECUR ITY
P UR P O S E S
1.0 INTRODUCTION
1.1

1.5

In addition to the responsibilities covered in IVS

3, IVA 2 and ANZVGN 1 the Member s role is to
advise:

Purpose
The purpose of this Guidance Note is to provide
information, commentary, opinion, advice and
recommendations to Members undertaking
valuations of property, plant and equipment for
mortgage and loan security purposes.

1.2

Status of Guidance Notes

Guidance notes are intended to embody
r
refore may
(although this should not be assumed) provide
some professional support if properly applied.
While they are not mandatory, it is likely that they
will serve as a comparative measure of the level
of performance of a Member. They are an integral
part of the Valuation and Property Standards
Manual.

1.3

1.4

the market value of the assets for mortgage

and loan security purposes at the date
of inspection. Market trends may also be
advised.

factors that can or could impact adversely on

the property as a security. The Member may
attempt to quantify the adverse impact or risk
or draw the client s attention to the need for
re-assessment should these risks eventuate.

2.0 INSTRUCTIONS
2.1

Instructions from Lender

It is desirable that all instructions to Members to
undertake market valuations for mortgage and
loan security purposes should be received from the
lender and not from the borrower. It is important
that the contract should be between the party
relying on the valuation (the lender) and the
member. Lenders should issue instructions direct
to the firm/member.

Scope
This Guidance Note applies to members producing
valuation reports for mortgage and loan security
purposes. As there are many types of assets and
various levels of reporting, the member should
decide which matters are applicable and the
extent of detail required to ensure that the client is
adequately and appropriately informed. This
Guidance Note is not intended to outline methods
of valuation of any particular type of asset but may
comment on matters that should be addressed in
reports in respect of certain property types or uses.
Where appropriate, methods of valuation are
covered in other guidance notes.

The Role

2.2

Other Instructions
It is recognised that intending mortgagors
(borrowers) may instruct members to provide
a valuation for borrowing purposes. This is
considered an undesirable practice because of the
potential impact particularly of insurance cover, in
some cases.

International Valuation Standards

This Guidance Note is intended to be consistent
with the publication International Valuation
Standards 2007 as issued by the International
Valuation Standards Committee. However, there
may be departures from IVSC Standards to reflect
Australian and New Zealand law and practice.

ANZ VG N 2 VALU ATI ON S F O R M OR TGAG E AN D L OAN SE CURIT Y PU RP OSE S

8.2.
11

A N Z VA L UATI ON G UI D A N C E N OTE 2

NZ 2.3 Other Inst r uctions

While receiving instructions directly from a
lender is preferable, in New Zealand it is m ore
usual for borrow ers to issue instructions. Where
instructions do originate directly from an
intending borrow er, m em bers should be careful to
confirm that their instructions are appropriate in
the context of a potential lender s require m e nt s
and that the valuer m em ber acts im par tially.
This replaces the last sentence in 2.2 Ot her
Instructions (previous page).

3.5

To assist its Members to serve residential mortgage

clients, the API has developed the PropertyPRO
V
pro-forma report and supporting memorandum for
mortgage purposes.

3.6

Recommendation
In Australia, unless specifically requested by a
lender, a recommendation should not be made
as to the suitability of the asset as a security
as this is a commercial decision of the lender,
which may involve other factors. It is however
appropriate to comment on asset-specific and
market factors impacting adversely on the asset
(see Risk Analysis), as well as positive aspects.
Unless required by State or Federal legislation
it is not generally appropriate for the Member
to recommend a maximum or minimum loan
percentage or amount or recommend a loan
period.

3.2

Risk Analysis
A Member should advise the lender of factors
that could impact adversely on the property
as a security. This may include those factors
which, assessed on information that is common
knowledge, readily ascertainable in the market
and/or reasonably foreseeable, may have an
adverse impact on the property s value and
marketability.

3.3

4.1

IF

Valuation of Proposed Improvements

V
roposed
work is already complete at the date of inspection and
reflects the market at that date. The Member assesses
the value from plans and specifications having regard
to the market at the date of inspection In the original
valuation, the member should reserve the right to review
the valuation, and if necessary, vary the valuation if there
are changes in the property itself or in property market
conditions and prices.

4.2

Instructions
Instructions from clients to value proposed
improvements to be erected should include:
o

A copy of the builder s quotation, contract or

tender or in the case of an owner-builder a
schedule of costs on a trade by trade basis
and including as relevant, the builder s licence
number or the owner-builder s licence number

A copy of plans and specifications, however

council approved and stamped copies should
be sighted prior to completion if not available
at the time of instruction (in which case the
valuation should be appropriately qualified);

Engineer s details of the proposed building

for concrete slab floors and other structural
elements as applicable

Future Value
While forward-looking advice may be provided to
the client the market value assessed should not
attempt to predict future value levels. .

8.2.2

4.0 VALUATIONS ON AN
BAS IS

Risk Rating
In the case of real property a rating method can
be used as part of the risk analysis. The rating
adopted for each aspect of any risk analysis needs
a balanced overview. A property may have many
counter balancing features.

3.4

Alternative Use Value

When the value of a property on a vacant
possession basis is, or is likely to be, significantly
different from the value of the property subject
to an existing lease or, when the value of a
property purpose-designed for the occupier has an
alternative use value which is significantly different,
then both values should be reported to ensure that
a mortgagee/lender is fully informed. If leased, the
valuer should draw attention to the potential for
different values to be applied.

3.0 REPORT CONTENT

3.1

Pro-Forma Reports

AN Z VA LUAT I ON A ND P ROPE R T Y STAN DARDS

A N Z VA L UATI ON G UI D A N C E N OTE 2

A copy of any accepted tender or builders

quote

Full Prime Cost and/or provisional cost

allowance item list noting any works not
being carried out by the builder

Issue of all relevant approvals including a

satisfactory building completion certificate
under the appropriate legislation

Sighting of any reports from other experts

who have provided advice in aspects of the
construction of the buildings

If the above information is not made available to

the Member, this should be drawn to the attention
of the lender and further information requested.

Such other matters/issues that the Member

is of the opinion should be drawn to the
attention of the client

Member s Building Qualifications

The right to review and, if necessary, vary the

valuation if there are changes in the project
itself or leasing

4.3

4.4

A copy of any agreement to lease or other

form of pre-commitment if applicable.

Information Not Available

In undertaking a valuation of a property on which

the dwelling or project is to be erected, a Member
should not hold themselves out as having
qualifications in a building/structural discipline
unless they have such qualifications.

4.5

4.9

4.10 Significant Repairs and/or Renovations

Where significant repairs and/or renovations are
may also be required. A Member should ensure
that the current condition of the property is
appropriately described in any description of
improvements, and the existing and proposed
improvements should be addressed separately.

A Member in assessing the Market Value of a

property based on plans and specifications and/or
a proposed lease(s) on an As If Complete basis
should be subject to qualifications such as:
Satisfactory completion of the improvements
in accordance with the plans, specifications
and details as provided

An inspection by the Member following

practical completion of construction

Confirmation or variation of the original

valuation figure relevant to the original

Value under Construction

If construction is in progr
also required, consideration should be given as to
whether or not the cost of the work to date is fully
reflected in value. It should not be assumed that
the added value of the work to date equals the
cost of the work. Comment could also be made
about the marketability of a partly completed
project.

Confirmation at Original Valuation

Date
Any confirmed or varied valuation will relate to
the market conditions existing at the date of the
original valuation. An updated figure may be
provided at the specific request of the client and
additional fees may be chargeable for this review.

Advise Significant Difference Between

Costing and Tender
If a Member has appropriate costing expertise
a check costing can be made and discrepancies
noted.

4.7

4.8

Cost Estimates and Inspections by

Others
In the event that Members are not qualified
in a building/structural discipline, they should
recommend and advise the client that an
assessment of costs or a report on any departures
from acceptable standards of construction and/or
relevant Australian and New Zealand Construction
Standards, be provided by another suitably
qualified person, e.g. Engineer, Architect or
Quantity Surveyor.

4.6

valuation date, following an inspection of

the project and any leases after practical
completion

5.0 CHATTELS
5.1

State if Included
Chattels are not normally included in a valuation of
real property if such items are included, this must
be clear to the reader of the report. Chattels are
regarded at law as personal property and are

ANZ VG N 2 VALU ATI ON S F O R M OR TGAG E AN D L OAN SE CURIT Y PU RP OSE S

8.2.3

not included in a mortgage. In Australia the API

supports the inclusion of the following items in
residential mortgage valuations:
o

fixed floor coverings,

window coverings, and

light fittings.

In New Zealand, the PINZ supports the exclusion of

the above items in residential mortgage valuations.
Chattels not included are items such as furniture
that is not built in, loose floor coverings, lamps and
items not fixed with the intent that they should
not remain in place and pass with a sale of the
property.

8.2.4

AN Z VA LUAT I ON A ND P ROPE R T Y STAN DARDS

8. 3

A N Z VA L UATI ON G UI D A N C E N OTE 3

A N Z V G N 3 VA L U AT I O N S F O R
M O RTGA GE A ND L O A N S ECUR ITY
P UR P O S E S (FO R CE D S A L E)
**Wit hd r aw n w ith effect from 13 February 2014.**

ANZ VG N 3 VAL UAT IONS F O R M OR T GAG E AN D L OAN SE CU RIT Y PU RP OSE S ( F ORCE D SALE )

8.3.1

A N Z VA L UATI ON G UI D A N C E N OTE 3

THI S PA G E I S I N TE N TI ON A L LY L E F T B L A N K

8.3.2

AN Z VA LUAT I ON A ND P ROPE R T Y STAN DARDS

8. 4

A N Z VA L UATI ON G UI D A N C E N OTE 4

A N Z V G N 4 VA L U AT I O N F O R
R AT I N G A N D TA X I N G
1.0 INTROD UCTION
1.1

1.6

For the purpose of this Guidance Note, Rating and

Taxing Authorities Include:

Purpose
The purpose of this Guidance Note is to provide
information to valuers employed or engaged by
government or statutory authorities to assess
valuations for use in the determination of Rates,
Taxes and other statutory charges over land.

1.2

1.3

2.1

Scope of this Guidance Note

Compliance

Statutory Responsibility
The professional responsibilities of valuers
engaged to make rating and taxing valuations,
are prescribed by regulatory jurisdiction in each
State or Territory of Australia and New Zealand.
Under the relevant legislative authority, the ValuerGeneral is responsible for maintenance of valuation
standards.

ANZ VG N 4 VAL UAT IO N F O R R AT IN G AN D TA XIN G

New Zealand,

Local authorities,

Form of Rating or Taxing Bases.

Each State and Territory of Australia and New
Zealand has its own legislation defining the
various bases of rating valuations. Practitioners
should ensure that they are familiar with the
legislative definitions and supporting case law in
the jurisdiction in which they are practising. The
bases comprise the types of valuation used to
form the valuation roll, such as Improved Values,
Unimproved Values, Site Values, Land Values, Gross
Rental Values, Estimated Annual Value or Assessed
Annual Values as defined in the various statutes.
Such valuations shall be in accordance with market
evidence at a common date, generally referred
to as the Date of Valuation. Other information
may be required to be included in the valuation
lists such as the date of inspection of the relevant
property and the prescribed date for effective use
of the valuation for rating or taxing purposes. A
qualification or reference to the legislation making
such direction must be noted on the return of
valuations.

Valuers engaged to assess valuations for rating and

taxing, purposes should comply with statutes and
precedents relevant to the type of valuations being
made.

1.5

The States and Territories of Australia,

2.0 BASES OF VALUATION

This Guidance Note does not cover the

administration of valuation lists or determine their
use. That process is achieved by complementary
legislation that prescribes the categories of
properties to be valued and any exemptions or
omissions from the valuation rolls of property in
public ownership.

1.4

Any statutory authority which is financed by

revenue from a Rate or Tax.

Status of Guidance Notes

Guidance notes are intended to embody
r
refore may
(although this should not be assumed) provide
some professional support if properly applied.
While they are not mandatory, it is likely that they
will serve as a comparative measure of the level
of performance of a Member. They are an integral
part of the Valuation and Property Standards
Manual.

Authorities

2.2

Determining the Value of Land

In determining the value of land, including
stratum, members may, amongst other valuation
criteria, be required to take into account:
o

The highest and best use to which the land

might reasonably be expected to be put at the
relevant date,

8.4.3

A N Z VA L UATI ON G UI D A N C E N OTE 4

The detrimental effect on value of any lease,

mortgage, covenant or other charge over
land,

The actual use to which the land is being put

at the relevant date and any potential use,

The effect of any legislation, regulation, local

law, planning scheme, including heritage
provisions or any other such instrument which
affects or may affect the use or development
of such land,

The shape, size, topography, soil quality,

situation and aspect of the land,

The situation of the land in respect to

natural resources and to transport and other
amenities, facilities and services,

The extent, condition, and suitability of any

improvements on or to the land,

The actual and potential capacity of the land

to yield a monetary return.

CAUTION: WHERE THE REQUIREMENTS

OF A S TATUTE AND GENERALLY ACCEPTED
VALUATION PRINCIPLES ARE IN CONFLICT,
THE S TATUTE IS THE OVERRIDING
AUTHORITY.

2.3

2.6

2.7

2.5

Determination
2.8

Rating and taxing legislation generally refers to

vacant land in two ways:

8.3.4

Land in its raw undeveloped state is referred

to as Unimproved Value. API members
engaged to provide this type of valuation,
must be familiar with the legislation applicable
in the State within which they are operating,
in order to know the type of land value to be
applied.

Gross Rental Value

The Gross Rental Value is the annual rent passing
between landlord and tenant for the use of land
or land and buildings on the assumption that
the landlord is liable for all outgoings necessary
to maintain the value of the land. Where a rent
cannot be determined, legislation may provide a
statutory formula for the calculation of the Gross
Rental Value.

Vacant Land

Rental Values.
Rental values are used in many States and
Territories of Australia and in parts of New
Zealand, generally for the assessment of Municipal
and Water rating of improved properties. In
some States, rental values are used by State
Governments for the distribution of grants
to Local Governments. Evidence of lettings is
generally available for most classes of buildings.
However, most legislation provides rules for the
determination of rentals to be applied to properties
of a type not normally rented. Rating and taxing
legislation refers to rental value in Australia in
several forms:

Land Values

Land Values can be determined under 2.3 for most

areas of the continent, islands and Territories of
Australia and New Zealand. Measures of land value
are usually readily available by reference to sales
of comparable land or analysis of improved land
transactions.

Continuing Land Use

In all instances, unless otherwise directed by local
legislation, the valuer is to ignore the existing
use in favour of the potential highest and best
use , unless the former gives rise to a greater
valuation than as a result of considering the
latter. This includes land that is reserved for public
purpose. The provisions of heritage or valuation
legislation may bring about an exception to the
highest and best use principle by prescription of
existing use values for affected properties.

Land Values are a widely used bases for the

taxation of land. They are also provided to the
Federal Government for the equitable distribution
of Financial Grants to the States.

2.4

Land having merged improvements is referred

to as Site Value, which is usually applied
within urban areas or town sites where
merged improvements may add value beyond
the undeveloped land value and where the
form of the land in its original state can no
longer be determined. The categories and
extent of the merged improvements are
prescribed in the applicable legislation.

2.9

Assessed Annual Value

Assessed Annual Value. In some legislation, gross
rental value or a percentage of gross rental value
may be used to create what is known as annual
value . This is usually accompanied by associated
restrictions within the legislation as to its

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A N Z VA L UATI ON G UI D A N C E N OTE 4

application or modification. Annual Value should

not be confused with annual valuation which
refers to a periodic valuation on an annual basis.

by regulatory policy. These parameters are often

expressed in the terms of valuation contracts by
reference to statistical tests and other means of
comparing subsequent sales with the valuation
data presented in the valuation roll. Appendix
1 sets out accepted processes of statistical
comparison to enable determination of valuation
accuracy and uniformity.

2.10 Net Annual Value or Estimated Annual

Value
Net Annual Value or Estimated Annual Value.
The net annual rental of a property is generally
the amount that a property is likely to rent from
year to year less an amount equal to the charges
and costs required to maintain the property in a
lettable state. These costs may vary with legislation
and regulation, but usually include Rates, Taxes,
insurance, and other expenses necessary to
preserve the level of rent commanded.

4.0 PROVISION OF REPORT

4.1

The regulations that form part of the respective

State and Territorial Acts may contain the
requirements for the provision of a Report with
which practitioners should be familiar.

2.11 Capital Values/ Improved Value

Capital Value is also referred to in rating and
taxing legislation as Improved Value and applies
to all parcels of land including vacant, improved
or held in stratum. Such a value, unless specifically
stated by the legislation, would not normally
include any plant, machinery, tools, or other
appliances, that are not fixed to the premises
in a way that would justify inclusion in the real
estate under the law of fixtures. In the case of a
stratum the valuer will typically assume that if the
stratum is wholly or partly in an excavation, that
the excavation of the stratum had been made; has
access, that access may be used or continue to
be used; is capable of use, that it is used, may be
used, or may continue to be used or could have
been used at the date of valuation.

Revaluation Reports

4.2

Report Contents when Creating a

Valuation List
In the case of creating a roll for the Valuation
Authority, the report must contain:
o

Purpose of the roll including any other likely

use of the valuations.

Definitions of the type of valuation to

be recorded in the roll and the enabling
legislation under which it is created.

The date of valuation (note use of multiple

dates if required in some States).

The date at which the valuations are to come

into force.

3.0 VALUATION ACCURACY

AND UNIFORMITY

A schedule of evidence used to support the

roll including market evidence and comments.

A schedule of any evidence excluded and

the associated qualification why this was
necessary.

3.1

A current cost schedule at the date of

valuation should the type of roll require
calculation or be supported by costs.

Accuracy and Uniformity

In accordance with the statutory responsibility of
Valuers-General and other regulatory authorities,
valuations for rating and taxing purposes must
conform with standards of valuation accuracy and
uniformity.

4.3

Report Contents when Amending a Roll

In the case of creating a supplementary
valuation or amending a valuation list the
report must contain:

The terms of valuation contracts where they apply

will specify the required standards.

3.2

Measurement of Accuracy and

Uniformity
The parameters of valuation accuracy and
uniformity expected of valuation contractors
and professional practitioners will be dictated

ANZ VG N 4 VAL UAT IO N F O R R AT IN G AN D TA XIN G

Type of valuation to be recorded in the roll

and the enabling legislation under which it is
created.

The reason for amending the roll (e.g. Addition

or deletion of improvements, amended area
etc.).

8.4.5

A N Z VA L UATI ON G UI D A N C E N OTE 4

The date the original valuation came into

force.

The date of valuation.

The date at which the amended valuation is to

come into force

advised or occur after the adoption of the general

valuation roll.

6.2

Supplementary valuations are new entries to

the roll or substitute for land in the original roll.
Changes may result from;

5.0 CONFORMITY AND

PROFESSIONAL
RESPONSIBILITY
5.1

Valuation Principles and Statutory

Requirements
The valuer engaged or employed by a rating or
taxing Authority should be cautious in carrying out
valuations if the direction given by the Authority
is contrary to established valuation principles
or statutory requirements. If such a direction is
given a qualification should be provided with the
valuation.

5.2

Professional Responsibility and

Confidentiality
In the valuer s relationship to the Authority, there
should be a declaration of any pecuniary or other
interest that may arise in meeting the Authority s
requirements. In many instances there will also be
established a position of confidentiality, either by
contract or by statute. It is the responsibility of the
practitioner to honour any requirements contained
in the vehicle of engagement or employment
subject to 5.1 above.

5.3

Conformity and Professional

Responsibility

6.3

6.0 SUPPLEMENTARY
VALUATIONS
6.1

Requirement
Supplementary or Interim valuations are required in
most valuation rolls as a result of changes that are

8.4.4

zoning amendments.

addition or removal of merged improvements.

construction of, addition to, or removal of

buildings.

acquisition or resumption.

physical changes to the land.

errors and omissions.

changes in value levels in relation to the

balance of the properties recorded on the roll.

movement of rating or authority boundaries

by statute or prescription.

Calculation
Supplementary values are calculated under
definitions and in accordance with the methods
described for general values listed on the roll. In
nearly all instances the supplementary values are to
be calculated at the valuation date of the original
roll, taking into account all of the factors affecting
value listed at 2.2 and provided to the Authority as
shown in 4.0 above.

7.0 VALUATION CONTRACTS

7.1

Additional information on this topic may be

obtained from the Institute s Valuation Principles
and Practice: Second Edition, Chapter 20: Rating
and Taxing.
The performance of all valuation assignments
should conform with generally accepted valuation
principles and standards promulgated by the
Australian Property Institute and the Property
Institute of New Zealand.

Occurrence

Outsourcing
There is an increasing trend in Australian municipal
valuation practice towards valuation authorities
engaging the services of professionally accredited
contractors for the provision of municipal valuation
services. The trend towards outsourcing has
been driven by national competition policy and
implemented in many cases by Government
directive.

7.2

Valuation Contracts
Typical valuation contracts will contain the
following provisions:
o

Description of municipal area.

Requirements for inclusion in the valuation roll

of property types and any exclusions.

AN Z VA LUAT I ON A ND P ROPE R T Y STAN DARDS

A N Z VA L UATI ON G UI D A N C E N OTE 4

Confidentiality Agreement

Appendix 1

Valuation definitions to be provided e.g. Land

Value, Site Value, Unimproved Value, Improved
Value, Capital Value, Assessed Annual Value.

Valuation Accuracy and Uniformity

Required valuation methodologies e.g. summation,

residual valuation, capitalisation, deprival
value for public sector entities and how these
methodologies are to apply to various property
types.
The names of nominated staff to undertake the
duties of supervision, field inspections and any
sub-contractors to be employed.
The level of inspection required for various
property types.
Time frame for progressive and final submission of
revaluation data.
Penalty provisions for non-compliance.
Termination provisions for non-compliance.
Standardised data sets for the return of data in
digital format.
Requirements for ongoing maintenance of the
valuation roll.
Submission of subsequent sales information and
statistical tests required for standards of accuracy
and uniformity.
Contract price and progressive or lump sum
payment arrangements on submission of
completed data for revaluation and maintenance
of the valuation roll.

It is important that valuations in a valuation roll are both

accurate and uniform, in order to display equity and to
be supportable before tribunals or courts of law. The
following describes methods of measuring accuracy
and uniformity. The methods shown here use evidence of
sales and rentals to compare and make judgements about
the accuracy and uniformity of entries included in the
valuation roll. Differing methods may be adopted in each
jurisdiction and the practitioner must ensure that the
relevant requirement is met.

Accuracy
Measurement of accuracy must be subject to established
standards of accuracy and be capable of independent
audit.
Accuracy is measured against current market evidence to
the date of valuation. Current practice in some States and
Territories is to test the value against evidence two months
before and two months after the date of valuation, as
within this relatively short period, factors affecting the
value of land are unlikely to change. However should API
members be valuing in times of rapidly rising or falling
markets, the period for the selecting of evidence should be
adjusted accordingly. The degree of acceptable variation
will reflect the volume and comparability of the market
evidence.
Accuracy is easily understood as percentage error. For
example it might be said that a valuation is within 10% of
the actual price where actual price is the evidenced price
in the base period (sale or rental, analysed and adjusted).
Where the valuation is less than the actual price, the
percentage error is computed from the formula 100(actual
price - valuation)/(actual price) If the valuation is greater
than the actual price the percentage error is computed as
(valuation --- actual price)/(actual price).
While the ideal is to produce a percentage error of zero, a
value within 15% is generally regarded as acceptable.
The ratio 100(valuation / actual price) is an equivalent
measure of accuracy which is equal to 100 minus the
percentage error if the valuation is less than the actual
price or 100 + percentage error if the valuation is greater
than the actual price. Thus a percentage error of 10% is
equal to a ratio of 90% if the valuation is less than the
actual price or is 110% if the valuation is greater than the
actual price.
Any measure of accuracy should be subject to the
following considerations:

ANZ VG N 4 VAL UAT IO N F O R R AT IN G AN D TA XIN G

8.4.5

A N Z VA L UATI ON G UI D A N C E N OTE 4

The sales or rentals must be investigated and shown

to be at arms-length. Sales or rentals discarded
following investigation, should still be listed as part of
the evidence, together with a qualification statement
clearly indicating why they were excluded.

valuations to actual prices and the median of all ratios in

the aggregate sample. It is formed as the average of such
differences (ignoring the signs of the differences) divided
by the median ratio and expressed as a percentage. Values
of COD less than 15% are expected.

The values must reflect the general level of sales or

rentals occurring within the base period and for the
sub-market of which they are typical or indicative.

The COD is firstly a measure of uniformity since it is

formed from differences between individual ratios and
the median ratio. Thus a collection of identical individual
ratios of say 90% would yield a COD of 0 even though the
valuations are not accurate. However, in practice, where
not all ratios are identical, the use of the median ratio as a
divisor does provide a form of adjustment for inaccuracy.
Thus the COD is a combined measure of uniformity and
accuracy.

Measures of Accuracy and Uniformity

There is a need to combine the values for accuracy of
individual valuations in aggregate samples to produce a
combined measure of accuracy and uniformity. The term
accuracy relates to the closeness of valuations to actual
prices. The term uniformity is a measure of the consistency
of the percentage errors or ratios. Thus a valuer who
values three properties each at 80% of actual price is
uniform in the valuation process but is not accurate.
Some useful measures of accuracy and uniformity are
listed below together with conditions for their use and
guidelines on interpretation of their values.
Any valuation methodology used for the roll must be
subject to standards of consistency and be capable of
audit.
Uniformity must be measured with reference to evidence,
usually against the median percentage error or median
ratio from all parcels in the aggregate sample. Accuracy is
measured against the ideal percentage error of 0 or ideal
ratio of 1.
The evidence for accuracy and uniformity should be based
on an aggregate sample of current market evidence
relevant to the date of valuation. Each jurisdiction should
determine the appropriate base period for supporting
the valuation roll. If no such determination is made by a
jurisdiction, the practitioner should qualify the roll by
stating the period within which the evidence sample
supports the valuation. Present practice indicates that the
use of evidence occurring two months before and two
months after the date of valuation should be used to test
the values in the roll effectively.
Listed below are some useful measures of valuation
accuracy and uniformity. Each measure is described in
words and interpretation of its values and conditions for
its application are discussed. Mathematical formulae used
to calculate the statistics are provided in the subsequent

1.

Coefficient Of Dispersion (COD)

This is a widely used and accepted measure that is

based on the differences between individual ratios of

8.4.6

The COD can be applied when there is a broad range

of actual prices in the aggregate sample and provides a
meaningful basis for comparison of accuracy across diverse
collections.

2.

Median Percentage Error (MPE)

This is a simple and robust measure of accuracy. It is

formed as the median percentage error. It will have a value
of 0 when all valuations are identical with corresponding
actual prices and increasing values of MPE imply
decreasing accuracy. Values of MPE less than 10% are
expected.
The MPE can be applied when there is a broad range
of actual prices in the aggregate sample and provides a
meaningful basis for comparison of accuracy across diverse
collections

3.

Median Difference (MD)

Where there is interest in expressing the likely size of the

difference (in $ terms) between valuations and actual
prices a simple calculation using the median percentage
error is available. Multiply any chosen actual price by the
MPE and divide by 100 to obtain the MD. For example, if
the MPE is 5% and the chosen actual price is $100,000
then MD is $5,000.
Interpretation is simple: Based on a valuation system that
produces an MPE of 5%, one half of the valuations on
$100,000 properties will lie within $5,000 of the actual
price.
Note that because the likely size of the difference is
proportional to the actual price the size of the MD will
double if the actual price doubles. Thus with an MPE of
5% for properties with an actual price of $200,000 one
half of the valuations will lie within $10,000 of the actual
price.

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A N Z VA L UATI ON G UI D A N C E N OTE 4

4.

Percentage of High Valuations (PHV)

Interest in accuracy not only centres on how close

valuations are to actual prices but also on possible
bias in valuations. Valuers need to be aware if they are
consistently undervaluing or overvaluing properties.
Ideally the valuations should centre on the actual prices
so that approximately equal numbers of valuations are
on either side of the actual prices. A simple measure of
bias is provided by counting the number of valuations in
an aggregate sample that are above the corresponding
actual prices, dividing this number by the total number
of valuations that are either below or above the
corresponding actual prices and multiplying by 100 to give
the percentage of high valuations (PHV).
Valuations in the aggregate sample are without bias if the
PHV is 50%. The further the PHV goes above 50% the
more evidence that consistent overvaluation is occurring.
The further the PHV goes below 50% the more evidence
that consistent undervaluation is occurring. Values of PHV
outside the range 35% to 65% are cause for concern,
although these guidelines only apply if the sample size is at
least 40. The use of PHV is not recommended for sample
sizes that are less than 40.
The PHV can be applied when there is a broad range
of actual prices in the aggregate sample and provides a
meaningful basis for comparison of bias across diverse
collections.
An additional role for the PHV is to check for internal
consistency in an aggregate sample. If the actual prices are
sorted by size, the PHV can be computed for two or more
price subgroups and the values obtained provide a means
of checking on consistency across subgroups.

ANZ VG N 4 VAL UAT IO N F O R R AT IN G AN D TA XIN G

Formulae
Valuations and actual prices are presumed to be available
from n properties. The calculation of the measures
defined below are based on the following table:
Property

Valuation

v1

v2

vn

Actual price
Ratio
Percentage
error

a1

a2

an

r1 = v1/a1

r2= v2/a2

rn = vn/an

p1 = |(a1-v1)|/a1

p2 = |(a2-v2)|/a2

pn= |(an-vn)|/an

Note that enclosing an expression between two bars, e.g., |(a1-v1)|, implies that the
expression should be treated as a positive number. In mathematical terms it is called
ression.

1. COEFFICIENT OF DISPERSION (COD)

Compute the median of the ratios, ~
r . Then
COD = 100[ |(r1-~
r )| + |(r2-~
r

rn -~
r )| )] / [n~
r]

2. MEDIAN PERCENTAGE ERROR (MPE)

MPE = median of {p1, p2

pn }

3. MEDIAN DIFFERENCE (MD)

For an actual price of $a,
MD = axMPE/100
4. PERCENTAGE OF HIGH VALUATIONS (PHV)
Let n+ be the number of valuations above the
corresponding actual prices and n- be the number
of valuations below the corresponding actual
prices, then
PHV = 100n+ / (n- + n+)
Note that n- + n+ is equal to the total number
of properties minus the number of properties in
which the valuation is equal to the actual price.

8.4.7

THI S PA G E I S I N TE N TI ON A L LY L E F T B L A N K

8.4.8

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8. 5

A N Z VA L UATI ON G UI D A N C E N OTE 5

A N Z V G N 5 VA L U AT I O N S F O R
CO M P UL S O RY A CQ UIS ITIO N S
This Guidance Note should be read in conjunction with
and is subject to the provisions of ANZ Practice Standard 1

Note: Whilst this Guidance Note and ANZPS 1

relate to acquisition by Public Authorities, The
current trend of privatisation may result in
acquisitions being undertaken
by private enterprise organisations under
statutory provisions. This Guidance Note and
the Practice Standard apply equally to those
acquisitions.

1.0 INTROD UCTION

1.1

Purpose
The purpose of this Guidance Note is to provide
information, commentary, opinion, advice
and recommendations to Members involved
in preparing valuations for compensation
purposes including pre-acquisition advising
and any subsequent discussions, negotiation
or representation as part of a Public Authority
acquisition process. This Guidance Note applies
equally to valuers providing valuations to claimants
(owners) and a Public Authority.

1.2

1.4

A Member may be involved in the process acting

for either the Public Authority, or the claimant of
an interest in land affected by the proposed or
actual acquisition. In many cases when acting for
a claimant, the Member s reasonable fees will be
reimbursed by the Public Authority. This may be
subject to certain conditions such as production
of a copy of the report or production of a report
meeting certain criteria. Where disputed claims are
referred to a Court for determination, the Court
will make an award as to costs. In such cases, both
the claimant and the Public Authority are at risk in
the recovery of costs. Where disputed claims are
determined by agreement, the Public Authority will
generally reimburse reasonable fees in respect to a
valuation report carried out by the Member acting
for the claimant. The party for whom the Member
acts is the client regardless of who pays the fee.

Status
Guidance notes are intended to embody
r
refore may
(although this should not be assumed) provide
some professional support if properly applied.
While they are not mandatory, it is likely that they
will serve as a comparative measure of the level
of performance of a Member. They are an integral
part of the Valuation and Property Standards
Manual.

1.3

Scope

Members Client

1.5

This Guidance Note applies to Members involved in

preparing valuations for compulsory acquisition* of
interests of land. It should be used in conjunction
with other guidance notes and practice standards
as applicable to the type of property or issues
involved.
* Whilst resumption is historically referred to
in the context of compulsory acquisition
proceedings, most recent statutes have
adopted the word acquisition as standard
terminology. For the purpose of this Guidance
Note and its accompanying Standard these
words are taken as referring to the same
process. Acquisitions can be either by
compulsory process or by negotiation.

ANZ VG N 5 VAL UAT IONS F O R C OMPULS O R Y AC QUIS ITI ON S

Instructions
Members should accept instructions in writing in
accordance with Rule 1.20 of the Rules of Conduct.
As some dispossessed claimants may not fully
understand the compulsory acquisition and related
valuation processes, it may be appropriate for
valuers to recommend that such claimants obtain
expert advice from other appropriate specialists
such as a suitably experienced solicitor
or accountant (where there may be taxation
issues). This process should ensure that the
claimant is properly advised, that the Member
is correctly instructed and is provided with a
source of expert interpretation on points of law
and taxation related aspects. It also assists in
placing the Member at arm s length from the

8.5.9

A N Z VA L UATI ON G UI D A N C E N OTE 5

dispossessed claimant to ensure that the Member s

opinion is expressed as an independent expert.
An acquiring authority may accept liability for a
claimants reasonable professional expenses but
confirmation of this should be obtained by the
client in writing from the acquiring authority.

1.6

Valuers Entry into the Process

The Member s entry into the process may be at any
time between notification from a Public Authority
of an intention to acquire through to litigation.
Early involvement by the Member will result in
that member being in a better position to provide
appropriate and timely advice. This Guidance Note
applies equally in pre-acquisition stages.

1.7

2.0 BASIS of COMPENS ATION

ASSESSMENT
2.1

Post Consultancy Report

2.1.1

basis of continuing consultancy fee

basis of fee for any additional work or

preparation required as a result of work by
other experts on the team or as required by
legal representative

2.1.2

1.9

Other Professionals
In some matters, the Member may be the only
professional engaged, in others the Member
could be part of a team which includes various
legal representatives, accountants, town planners,
engineers, surveyors, etc.. Whilst strategic direction

8.5.2

Interest to be Assessed
The subject of the assessment is not simply the
property but rather the claim of the claimant for
compensation which could include the value to
the claimant of the interest being acquired, plus
claims under various other heads such as injurious
affection, betterment, severance, disturbance
and reinstatement. As an expert, the Member
has a responsibility to consider all heads of claim
identified in the relevant legislation.

2.1.3

Market Value of Claimants Interest

The value of the owner s interest is usually required
to be assessed in accordance with the provisions of
the relevant act.
rest will include
the market value of the property together with
other heads of compensation.

basis of fee for representation at any

meetings, mediation or court hearing.

As the process can be protracted, it is

recommended that agreement be made for
rendering periodic accounts.

Enabling Legislation
Acquisitions and resumptions are effected under
enabling legislation. This will normally contain
provisions for compensation assessment or invoke
the provisions of other over-arching legislation. An
understanding of such legislation is fundamental
to assessing compensation.

Post Consultancy should be provided if required.

As there is a reasonable probability of consultancy
being required beyond the report phase, it is
prudent to establish this position with the client
at the time of taking instructions. In addition to
agreeing the initial fee, it is recommended that
from the outset Members agree in writing the
following:
o

Legislation
Acquisitions and resumptions are effected under
various legislation which affects many different
types of property and many different interests in
property (refer to Property in the Glossary of
Property Terms).

Agreeing the Fee Basis and Payment

It is important that agreement is reached prior to
commencement of the task on the basis of the
Member s fees. This agreement should recognise
that the Public Authority may offer to pay part or
all of these fees. However, the agreement should
also recognise that the client may be liable for
additional fees.

1.8

may be provided by legal representation, the

Member is responsible for ensuring their own
professional integrity when acting as an expert.
It is appropriate to include a note in a valuation
report which identifies any outside professional
advice relied upon.

2.1.4

Court Decisions
Many of the principles of compensation
assessment have been laid down in Court
decisions. A sound knowledge of the application
of these legal precedents is fundamental to
assessing compensation. Some decisions may be
from other states or countries or have been given
in terms of prior legislation and therefore their
relevance may need to be considered.

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A N Z VA L UATI ON G UI D A N C E N OTE 5

2.1.5

Examination of Issues

3.1.1

Members should be aware that instances may arise

where they will be required to discuss or defend
their assessment long after the improvements on
the property have been demolished. It is important
therefore that full and accurate inspection notes
are maintained, and that these are supported by
sketches and colour photographs (or video where
appropriate). The property inspection must be
completely objective and must record both the
positive and negative aspects of the property.
Significant features of surrounding properties
which might also be acquired and which impact on
the subject property should also be recorded.

Both the assessment of the claimants interest in

the property, which includes various heads of claim
are likely to involve the examination of a range
of issues. Where these are complex and outside
the valuers area of expertise, it may be prudent
to instruct (with the client s written consent and
appropriate understanding on fees) other experts.
They should be briefed in writing and advised that
they may be called to give evidence.
2.1.6

Legal Representation
Where a legal representative, experienced in
compensation matters, is engaged as part of the
team, it would be appropriate for that person to
examine both the letter of instruction to the valuer
and the report, or other specialist advice before it
is issued. In such cases it may be preferable for the
legal representative to issue instructions to other
experts.

2.1.7

3.1.2

Date of Assessment

Guidance on Methodology
This Guidance Note is not intended to provide
detailed assistance with methodology, and the
valuer should refer to publications specialising
in both the subject and court decisions. Most
valuation publications will contain chapters
dealing with the subject and the Institute s own
professional journal has over many years reported
court decisions and articles on compensation
matters.

3.1.3

3.0 INSPECTION & INQUIRY

GUIDELINES
3.1

Interview the Owner

It is important for the Member, whether acting
for the claimant or the Public Authority, to discuss
with the claimant(s), the details of the property
being acquired and the acquisition process to
ensure that all relevant particulars of the property
and the owner s legal past and future use (if part
only or an easement taken), but also so that the
claimant feels that their position is well understood
and that they will be adequately compensated.
Note that this is likely to be a significant and
unfamiliar event for the owner and occurring
in an environment over which the owner has
limited control. It is an opportunity to demonstrate
professionalism and appropriate sensitivity, no
matter which party is represented by the Member.
An interview with the claimant should also be
used to confirm other interests in the property, and
how those interests affect those of the claimant for
whom the report is prepared.

Any pre-acquisition assessment should relate to the

current market. It is prudent, to advise the client
that if the matter proceeds to formal acquisition,
then the date at which compensation is assessed
may change depending on the statutory
requirements.
2.1.8

Improvements Demolished before Settlement

Other Standards & Guidance Notes

Other standards and guidance notes provide
direction and guidance for most elements of the
property inspection, inquiry, research and analysis
and these should be referred to. However due to
the task requiring the assessment of the owner s
interest and claims under other heads, special
comment is warranted on certain aspects which
the Member should address.

ANZ VG N 5 VAL UAT IONS F O R C OMPULS O R Y AC QUIS ITI ON S

Interviews and Discovery

There could be unusual aspects requiring
investigation and research both for the property
and other heads of claim. These should be well
documented and obtained where possible in
writing from the source of the information. It is
appropriate to explain circumstances sufficiently
to your information source so they properly
understand the nature of the information required
(this could save embarrassment and damage to
your case under cross examination for you or your
information supplier). In particularly important or
difficult cases it may be necessary to obtain copies
of contracts of sale as appropriate confirmation if
litigation is involved (you will also need to establish
that the contracts contain no special clauses
which would impact on their use to determine
value). In order to obtain copies of contracts it

8.5.3

A N Z VA L UATI ON G UI D A N C E N OTE 5

may be necessary to utilise the discovery powers of

the court however valuers should explore other
methods before turning to the court for assistance.
3.1.4

4.1.2

Public Authority
Where part of a property is required (including an
easement), it is particularly important to interview
staff from the Public Authority involved. While the
acquisition notification will usually indicate the
purpose of the acquisition, details of proposed
works are important for establishing injurious
affection, severance, betterment and reinstatement
where applicable. The extent of works could
impact significantly on the assessment. It is likely
that the authority will have carried out studies
of any impact. Members should obtain copies of
plans and studies, examine and discuss them with
the Authority and claimant who will possibly be
able to indicate how these will impact on the use
of the property.

3.1.5

4.1.3

4.1.4

4.1.5

4.1.1

8.5.4

date of the acquisition (if gazetted),

date of Notice to Treat/Notice of intention to

acquire/Notice of Acquisition,

stated public purpose and scheme description,

interest acquired,

legal description of land resumed,

name of the Public Authority.

Heads of Claim
Heads of claim should be explained and their
qualification/quantification adequately detailed.

4.1.6

Summary of Claim
At some point in the report provide a summary of
the amounts claimed for the value of the interest
in the property taken and amounts under the
heads of claim. This should be set out in such a
way as to comply with any particular requirements
of the relevant legislation and to enable any
prescribed claim form to be completed. A total of
the assessments or values of the claims should also
be shown.

Acquisition or Resumption Date

Details of the acquisition or resumption should be
noted and a copy of any notification annexed to
the report. Most important are:

Reference Material
At appropriate points in the report, reference
should be made to reports by other experts and
publications or documents relied upon. Where
appropriate, copies of these or extracts there-from
should be annexed to the report.

Other Standards & Guidance Notes

Other standards and guidance notes provide
direction and guidance on contents of reports. In
addition to considering those headings, the points
to address and the annexures to provide in the
report, the particular requirements of your client
should be considered. Members should check if a
preliminary report is required. The following should
also be considered for inclusion.

Town Planning / Resource Management

Town planning or Resource Management details
should always be included in a report, however
additional detail is warranted where the current
or proposed zoning may have been or is a step in
the acquisition process (and as such may have to
be ignored in the assessment of compensation). In
such a case comment on the most likely alternative
zoning should be included (supported if necessary
by a planning consultants report).

4.0 REPORT CONTENT

4.1

Effect of the Acquisition or Resumption

Where part only of the property has been
acquired, it is particularly important to note in
some detail the impact of the acquisition on the
residue of the property. Such issues as injurious
affection, betterment, severance, disturbance and
reinstatement may have to be considered and
commented upon, as appropriate.

Report Notes
Members should ensure that they keep full and
accurate field notes of all inspections, meetings,
sources of information, calculations and basis
of their valuations. Photographs should also be
obtained.

Legislation under which the interests have

been acquired.

4.1.7

Separate Valuation Statements

If the Member has prepared a number of
valuations reflecting different interpretations of the
law, planning or other matters, it is appropriate
that separate valuation statements be made,
clearly setting out the basis of each valuation.

4.1.8

Degree of Detail
Members may be directed by the claimant s legal
representatives as to the degree of detail to be

AN Z VA LUAT I ON A ND P ROPE R T Y STAN DARDS

A N Z VA L UATI ON G UI D A N C E N OTE 5

provided in their report. Where relevant, reports

should be consistent with the Institutes practice
standards.
4.1.9

market evidence, facts and reasoned argument in

accordance with the relevant legislation and court
procedures.

Suitable for Exchange

The Member should produce a report suitable
for exchange prior to any discussions of value
or negotiations (subject to direction from any
legal representative). This will enable the parties
to better understand the points of difference
between them and will ultimately assist the Court.
Exchange will normally be at the direction of the
client or the team leader who may be a Property
Professional, or legal representative.

4.1.10 Expert Witness

Members should be aware of any relevant court
rules of practice directions or regulations relating
to expert witnesses and should be conversant with
and comply with their requirements.

5.0 POST ASSESSMENT

CONSULTANCY
5.1

After the Assessment

A significant part of a Member s work can occur
after the assessment has been carried out. This
can take the form of discussions and negotiation,
preparation and proof of evidence for appeal
hearing, giving evidence and being crossexamined. If not prepared to carry through to
these stages the Member acting as a valuer should
notify the client and, if necessary, decline the
instructions. It is desirable for the member s brief
to extend beyond the assessment to include the
negotiation of a settlement of the compensation
claim. It is generally unacceptable for a Member
acting as a valuer who has carried out an
assessment to subsequently refuse to participate
in the resolution process. The provisions of
this clause apply equally to Members acting for
acquiring authorities and claimants. Instances
may occur where negotiations are undertaken by
another professional who instructs a Member. In
these cases this clause applies to the Member.

5.2

Negotiation with other Professionals

Professionals assessing compensation claims
following acquisition by a Public authority will
often be called upon to negotiate with other
property professionals. In any negotiation it
is essential that both Members be prepared
to substantiate their opinions by reference to

ANZ VG N 5 VAL UAT IONS F O R C OMPULS O R Y AC QUIS ITI ON S

8.5.5

THI S PA G E I S I N TE N TI ON A L LY L E F T B L A N K

8.5.6

AN Z VA LUAT I ON A ND P ROPE R T Y STAN DARDS

8. 6

A N Z VA L UATI ON G UI D A N C E N OTE 6

A N Z V G N 6 VA L U AT I O N S O F
A C C O M M O D AT I O N H O T E L S
market place, competition and any unique features
it possesses.

1.0 Introd uction

1.1

Purpose

1.6

The purpose of this Guidance Note is to set out

matters to be addressed in addition to those
required by IVA 2 Valuation for Secured Lending
Purposes and ANZVGN 2 Mortgage Security
Reports on Real Property.

1.2

1.3

1.5

1.7

Interests
The valuer should be aware of the different
interests in a property, and should apply the same
valuation principles to all interests based on the
term of the management agreement or lease.

2.0 Com pliance

Scope of this Guidance Note

This Guidance Note should be applied to
properties that are valued with regard to their
trading potential, including Accommodation
Hotels, Motels and Serviced Apartment complexes
of 3 star standard and higher. This Guidance
Note is not specifically intended to cover licensed
hotels (pubs), whether free standing or part of,
Accommodation Hotels.

1.4

The valuation should clearly state whether it

reflects the terms of an Operating or Management
Agreement, or an occupational lease or whether
the valuation is on a vacant possession basis. It
should also state whether it has been undertaken
cer
Walk In W
inclusive of all plant, equipment, furniture and
fittings but excluding stock.

Status of Guidance Notes

Guidance Notes are intended to embody
r
refore may
(although this should not be assumed) provide
some professional support if properly applied.
While they are not mandatory, it is likely that they
will serve as a comparative measure of the level
of performance of a Member. They are an integral
part of the Valuation and Property Standards
Manual.

Basis of Valuation

2.1

Statement
A valuation of a property defined in 1.3: Scope of
this Guidance Note should state that it complies
with this Guidance Note.

2.2

Accepting an Instruction
Prior to accepting an instruction, a valuer must be
confident of having the necessary expertise and
sufficient information to undertake the valuation.
For example, if the valuer does not have complete
or appropriate access to comparable sales and
trading data, then the valuation instruction should
be declined, or undertaken in conjunction with a
valuer who has the expertise and access to such
information.

International Valuation Standards

This Guidance Note recognises the International
Valuation Standards 1 and 2, and International
Valuation Application 2 by the International
Valuation Standards Committee and it is intended
to be consistent with the concepts and definitions
contained in those standards, however, there
may be departures from IVSC Standards to reflect
Australian & New Zealand law and practice.

3.0 Review of Im p rovem ents

Role of the Valuer

3.1

The valuer needs to demonstrate in a report an

understanding of the operation of the subject
property, the operator and/or lessee, the Hotel s

ANZ VG N 6 VAL UAT IONS OF ACC OMM OD ATI ON HOTE LS

Key Factors
The improvements need to be considered in the
context of their specialist use, with the following
being examples of relevant factors:

8.6.7

A N Z VA L UATI ON G UI D A N C E N OTE 6

3.2

summary of room numbers by size/type/aspect

location and adequacy of kitchen(s)

appropriateness of food and beverage outlets

size, location and appearance of entrance

lobby and front desk

layout and capacity of meeting rooms

back of house facilities

other facilities (eg Health Club, pool, etc)

5.0 Approvals and Authorities

on-site car parking (numbers/adequacy)

5.1

technological facilities (e.g. visual display

units, communication/media access facilities)

4.4

The valuer should establish whether there is an

existing balance in the FF&E Reserve, and
comment on its adequacy and appropriateness in
relation to current and future Capital Expenditure
requirements. Whether such balance has been
reflected in the valuation figure should be clearly
stated.

5.2

State of Repair
Comment on the state of repair of the
improvements of the property, including any
outstanding works to be completed, and any
modification or maintenance work required. Make
comment upon the condition of Fixtures Fittings
& Equipment, back of house equipment (e.g.
kitchens), in the context of the Fixtures Fittings &
Equipment Reserve.

4.2

In addition, the valuer should seek from the

instructing party details of any notices of noncompliance of which the instructing party is aware.

5.3

5.4

Capital Expenditure
The valuer should provide an estimate of likely
required Capital expenditure, in respect to building
works/services, refurbishment and Fixtures Fittings
& Equipment Replacements.

8.6.2

Legislation
Comments are required as to whether the building
is compliant with any current and pending
legislation. Whilst it is recognised that the valuer
is not an expert in this area, the report should
highlight any potential risks in this regard through
inspection and inquiry.

6.0 Trading Perf orm ance

6.1

4.3

Licences
The valuer should sight and comment on all
licences required for the property s operation and
note that these are included in the valuation.

Refurbishment
Comment on the feasibility and extent of possible
refurbishment likely to be necessary over a normal
investment period. Comment upon economic and
functional obsolescence and the need or capability
to upgrade improvements.

Non-Compliance
Whilst it is acknowledged that the valuer may
not be qualified in these areas, based upon the
inspection (noting limitations of such), comment
should be made on any possible occupational
health and safety requirements or requisitions
recommending further inspection by qualified
experts where appropriate.

4.0 Repair and Cond ition

4.1

Building and Planning

Where necessary, issues relating to building
compliance, heritage, environmental and planning
classification should be reviewed and any
consequent impact on value fully explained.

Specialised Features
The valuer should consider the design
characteristics and appeal of the property,
including unique or specialised features that may
impact upon the viability of operation, value and
marketability. Factors to be considered include
the efficiency of the layout in relation to guest
servicing and labour costs, back of house servicing
and adequacy of storage space (wet/dry/cold
rooms).

Balance in FF&E Reserve

Accounts
Where possible, accounts should be presented and
analysed in accordance with the Uniform System
of Accounts for Hotels. State whether the figures
that have been relied upon have been audited.
The valuer should make a specific notation where
relying upon information provided without being

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A N Z VA L UATI ON G UI D A N C E N OTE 6

able to verify it, and clearly state any consequent

limitations to the advice as a result.

6.2

Summary of Detailed Figures

7.0 Trading Environm e nt

7.1

Benchmark the performance of the hotel in

comparison to the Following:

The valuer should provide a summary of detailed

figures for the hotel, showing trading performance
for the last 3 years on a departmentalised basis,
together with year to date trading figures.
Appropriate periodic occupancy and average
room rate statistics should be considered and
commented upon.

6.3

accepted market and industry indices,

comparable and competing properties, to

the extent that such data is available as
well as identifying any items of revenue/
expense which are outside acceptable market
parameters.

Competition
The valuer should provide full details of current
and proposed competition within the catchment
area, incorporating demand and supply criteria.

7.3

Current State of Industry

The valuer should analyse the current state of the
hotel and tourism industry and in particular the
subject property s target market, and detail any
changes (current or anticipated) which may impact
on the long term income sustainability and growth
potential of the asset. Statistics and research data
should be used to highlight trends and as a basis
for projections.

8.0 Manag em e nt Agreem ent /

Tenancy Details

Business Mix
The valuer should comment upon the business mix,
typically analysed where available by geographical
source, market segment and by guest type.

6.6

7.2

Trading Levels
The valuer should comment in detail on the
current level of trading being achieved, the stability
of the income and the projected maintainable
trading performance of the property compared to
the operator s projections.

6.5

Expenses/Outgoings
The valuer should itemise all expenses/outgoings
in schedule form including management, all fixed
costs, capital expenditure, and FF&E allowances,
where possible in accordance with the Uniform
System of Accounts for Hotels. Compare and
contrast the current trading with the previous
year s actuals, YTD figures versus budget, and
comment upon any major variances. These figures
should also be compared with appropriate industry
benchmarks.

6.4

Benchmarking

8.1

Commentary
The valuer should:
o

Sight a copy of the Management Agreement

/ Operating Lease. A summary of the
Agreement / Lease should be incorporated
together with commentary on the general
market acceptability of its terms and
conditions. If these terms are outside typical
market practice this should be stated and
some commentary on what is considered
acceptable should be provided.

Read and understand all factors in the

agreement or lease which could affect value,
such as quality and certainty of income,
income guarantees and associated clawbacks,
break clauses, owners involvement. The
valuer should also comment on remedies of
default, assignability, termination clauses,
non-disturbance clauses and the quality of the
lease covenants.

Operational Review
The valuer is not expected to carry out a detailed
Operational Review, but would be expected to
make appropriate comment upon:
o

the marketing plan

budget vs actual performances

effectiveness of referrals within the operating

group

a fair market share analysis

profile of operator

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Provide a brief profile on the hotel operator

including details of its brands, number of
hotels/rooms and geographical spread.
Investigate and comment upon the existence
of any agreements between the owner and
manager/operator which may affect value.
Similarly, comment upon any agreements
between the operator and other properties
in the vicinity that may affect the operation
of the property, for example, non-compete
clauses, shared costs and expenses.
Where the hotel forms part of a mixed-use
project, all leases relating to the property
should be reviewed by the valuer. Tenancy
information should be summarised in schedule
form. Comment upon the relationship of
the hotel with the other components of the
property.

9.0 Ear nings Pote ntial

9.1

Sustainable Net Return

Calculate the sustainable net return to the owner
after reflecting appropriate outgoings. The
treatment of Management Fees and FF&E Reserve
varies, but as a general guide valuers should apply
as they analyse and reflect the manner in which
the market is capitalising. Although net return is
typically expressed after Management Fees and
FF&E Reserve, an owner operated property may be
consider
r

9.2

Existing Agreement
Fees and FF&E provision should reflect any
existing Management Agreement, or prevailing
market rates. The net return should also be
expressed before depreciation, amortisation,
interest, tax and Capital Expenditure.

9.3

Projections

9.5

Cashflow
A detailed analysis of the cashflow is an essential
requirement. The calculations should be completely
self explanatory. Details of the discount rate, time
period, etc., should be shown.

9.6

Changes
Comment upon the anticipated changes to
outgoings, timing of capital expenditure,
particularly significant items (e.g. major
contract renewals, rating changes, etc.

9.7

Variation
Comment on variations between the operator s
projections and those assumed by the valuer, with
rationale supporting any variations.

9.8

Analysis
A sensitivity analysis for key variables may be
appropriate.

10.0 Market Com m entary

10.1 Purpose
This should address the following sectors, as
relevant to the specific hotel --- global, local
(regional), comparison of design features with
market demand and competitive supply.

10.2 Market Conditions

This requires both a current and forward
looking view (typically 3-5 years) rather than an
historic view of market conditions. Typically this
commentary should include:
o

Investment activity including depth of market

Building activity including competition and

likely additions to supply;

A discussion of the major drivers of supply/

user demand over the period under review;

A valuer should consider a model of future

supply and demand to project average
occupancies and room rates within the market
and to form the basis of a fair market share
assessment.

Any projections should be in accordance with

preferably undertaken for a period of five years or
beyond, reflecting the method adopted to analyse
sales.

9.4

Upgrades/Capital Expenditure
Have regard to any upgrading or capital
expenditure which would impact on the trading
performance of the hotel or its marketability.

8.6.4

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11.0 Sales Evidence

11.1 Sales Analysis
It is not always possible to obtain sufficient
information to fully analyse every sale; however,
the valuer still needs an appropriate level of sales
that have been adequately analysed in order to
arrive at an opinion of value. To simply quote
a yield or a room rate from a sale, without first
seeking the information to analyse the sale is
unsatisfactory.

11.2 Trading Performance

The future trading performance of the adopted
sale or sales being analysed should be explored for
each sale, in combination with the sale s historic
performance. This is required, in order to allow the
formation of an acceptable level of consistency
between the sale being analysed and the subject
property, to allow informed comparison.

should be fully considered and reflected in the

valuation. As with any other leasehold the valuer
may need to consider the value of the hypothetical
unencumbered freehold and then consider the
value of the Lessors Interest, the Lessee s Interest,
and potential Marriage Value of the interests
concerned. See separate guidance note on Partial
Interests.

12.4 Impact of Valuation

The impact on valuation of the separation of the
various title components, related options,
obligations and impediments, potential loss of
tenure, etc. should be identified and fully explored
in relation to both sales and the subject property.

12.5 GST Caution

The Valuer should consider the manner in which
similar properties are bought and sold from a
GST perspective and adopt the most appropriate
treatment of GST accordingly.

11.3 Relativity of Sale

The relativity of each sale should be commented
on and explained.

11.4 Recent Sales History

The valuer should indicate recent sales history of
the subject property. Where the property is being
transacted, the contract for sale should be sighted
and commented upon.

12.0 General Issues

12.1 Vacant Possession
Where owner occupied properties are valued on
a vacant possession basis in existing condition,
an indication of net income after management
expenses and replacement reserve should also be
provided for comparison purposes.

12.2 Leases, Plant and Equipment

The valuer should comment on leases of plant and
equipment where the lease payments for plant
and equipment are substantial so as to have a
material effect on value if the costs are deducted
from income. In such an instance the costs may
be ignored if instead a payout figure can be
ascertained and deducted from the value assessed.

12.3 Leasehold Title

In cases of hotels held upon leasehold title, the
impact of the ground rent on returns/incomes

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A N Z V G N 7 T H E VA L U AT I O N O F
PA R T I A L I N T E R E S T S I N P R O P E R T Y
HEL D WITHIN CO -OWNER S HIP
S TR UCTUR E S
1.0 Introd uction
1.1

1.4

Freehold or Leasehold
There are many forms of co-ownership structure.
Partial interests may be in a freehold or leasehold
co-ownership structure

Purpose
The purpose of this Guidance Note is to provide
members with an awareness of some of the
principal issues to be considered in the valuation
of a partial interest in a property held within a coownership structure.

Leasehold co-ownership may be comprised under

a ground lease, development lease or similar
leasehold interest usually subjugating the interests
of the freeholder for an extended period of time.

Status of Guidance Notes

Guidance Notes are intended to embody
r
refore may
(although this should not be assumed) provide
some professional support if properly applied.
While they are not mandatory, it is likely that they
will serve as a comparative measure of the level
of performance of a Member. They are an integral
part of the Valuation and Property Standards
Manual.

1.2

1.5

Partial interests may occur in a wide range of

property sectors, including residential, small and
large commercial and retail, leisure, rural and
others.
Plant and Machinery Assets are also sometimes
held in joint ownership.

1.6

Scope

This Guidance Note does not apply to interests

that are not partial interests in property held in coownership structures.
Accordingly, this Guidance Note does not apply to
such interests as that of a single lessor and a single
lessee under a lease. (Refer IVGN 2 Valuation of
Lease Interests).

1.3

Definition
A partial interest may be described as a divided
or undivided ownership right in property that
represents less than the whole.

Entity
The valuation of partial interests is becoming
increasingly common, particularly amongst
members who undertake valuations for listed
property trusts, wholesale funds, family law and
estate matters.

This Guidance Note applies to partial (fractional)

interests in property held (jointly) in co-ownership
structures.
This Guidance Note does not apply to strata title,
community title or other similar divisible title
property or a part share in the common property
thereof.

Sector

2.0 Instruction
2.1

Clarity of Instruction
In accordance with Rule of Conduct 1.20,
members should ensure clarity of instructions
concerning the interest that is to be valued.

2.2

Subject of Instruction
The subject of the potential instruction to value
may comprise:
o

all or part of the physical underlying asset

unencumbered by the co-ownership structure;

all or part of the physical underlying asset

encumbered by the co-ownership structure;

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A N Z VA L UATI ON G UI D A N C E N OTE 7

2.3

the form of entity comprising the coownership structure; or

a partial interest in the form of entity

comprising the co-ownership structure.

3.6

Exclusion
Unless holding a relevant licence (being an
Australian Financial Services Licence in Australia),
members should assure themselves that the partial
interest in a property held in co-ownership to be
valued does not comprise an interest for which
such a license is required.

Proportional Share
It is possible that the value of a partial interest in
a co-ownership entity may be greater or less than
the value of the proportional share of the physical
asset held by the co-ownership entity (5.0 and 6.0
below).

ASIC Licence
In Australia, Members should not value securities
unless they are licensed to do so by the relevant
licensing authority (ASIC).

2.5

Property in Co---Ownership
The valuation of a partial interest in a property
held in a co-ownership structure represents
a combination of consideration of the issues
impacting upon the value of the physical
underlying asset and the issues impacting upon the
value of the interest in the co-ownership structure.

Competence
In accordance with Rule of Conduct 1.6, members
should not accept instructions beyond their
competence.

2.4

3.5

3.7

Sum of Parts
It is possible that the sum of the partial interests in
a co-ownership entity may be greater or less than
the value of the physical asset held by the coownership entity (5.0 and 6.0 below).

3.8

Value and Worth

IVS 1 defines market value as:

3.0 General
3.1

Market Value is the estimated amount for

which a property should exchange on the
date of valuation between a willing buyer
and a willing seller in an arm s-length
transaction after proper marketing wherein
the parties had each acted knowledgably,
prudently, and without compulsion.

Distinction
For the purposes of valuation, the property (3.2,
below) is distinguishable from the co-ownership
structure (3.3 and 3.4, below), which are each
distinguishable from the property held in a coownership structure.

3.2

Property
The property comprises the physical underlying
asset, which may be valued subject to relevant
Practice Standards and Guidance Notes (4.0,
below)

3.3

Co --- Ownership
The co-ownership structure comprises the form
of entity in which the property is held. This may
include a joint tenancy, tenancy in common
(divided or undivided), companies, trusts,
unincorporated joint ventures, partnerships or
other form of entity (5.0, below).

3.4

with IVS 2 explaining worth (or investment value)

to be the value of a property to a particular
investor, or class of investors, for identified
investment objectives.

3.9

Value vs Worth
Having regard to 3.8 (above), in the valuation of a
partial interest in a physical underlying asset held
in a co-ownership structure, the value of an
interest may be distinguishable from the worth of
an interest.
In determining the worth of an interest and
depending upon the nature of instruction
received, debt finance taxation issues may require
consideration.

Rights and Obligations Created

The co-ownership structure may create rights and
obligations for consideration that impact upon the
value of the co-ownership interest (6.0, below).

8.7.2

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the ongoing costs of supporting the coownership structure;

the treatment of asset and property

management costs;

the mechanism and basis for treating

commitments to capital expenditure;

the ability to use an interest as security for

debt;

the timetable for unit pricing calculation,

where relevant;

Suitability For Co-Ownership

The quality of the physical underlying asset should

also be considered in the context of the form of
co-ownership structure and the appropriateness of
the assets ownership to such division.

the basis upon and timing of a termination of

the co-ownership relationship;

the ease (or otherwise) of disposing of the

interest on the open market;

the cost of disposing of an interest in the coownership structure;

For investment property, the nature, quality,

divisibility, liquidity and security of the underlying
cash flow should be considered.

the cost of terminating the co-ownership

structure and disposing of the underlying
asset;

Value of Part

the basis of and terms applying to any

disposal of the underlying asset;

the constraints and other terms of any

disposal of the relevant interest including:

4.0 Valuation of Phy sical

Underly ing Asset
4.1

Property Valuation Approach

In accordance with ANZVGN 1, the comparability
of the property comprising the physical underlying
asset (3.2, above) to sales evidence should be
measured against established criteria of quality
relative to a property s peer stock and the overall
property market.

4.2

4.3

4.4

Cash Flow

Whilst a valuation of a partial interest may include

an assessment of the value of the physical asset
underlying the partial interest, it should only
address the value of the relevant partial interest in
a property held in a co-ownership structure which
may not, necessarily, be its pro-rata value (5.0 and
6.0 below).

4.5

Market Value
Where the value of the partial interest is more or
less than the proportional ownership share, the
valuation should note such variance and comment
on any potential marriage value, which may be
realised in the event of conversion to a single
interest.

5.0 Co --- Ow nership Principles

5.1

Influences on Value
The form of entity comprising the co-ownership
structure (3.3 above) may influence the value of
a partial interest in a property held in such coownership structure through such aspects as:
o

the ongoing conduct of the co-ownership

relationship;

the process for resolution of disputes amongst

co-owners;

first and subsequent right of refusal

provisions or other priorities of the coowner;

any absolute restrictions on disposal;

the implications of ongoing liabilities of a coowner after disposal of the relevant interest;
and

taxation implications.

6.0 Co --- Ow nership Issues

6.1

Influences On Value
The principal rights and obligations for
consideration (3.4 above) which impact upon the
value of the co-ownership interest may include:
o

control of the interest (being the extent to

which the co-ownership interest confers the
right to direct); and

liquidity of the interest (being the ease with

which the interest can be converted into
cash).

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A N Z VA L UATI ON G UI D A N C E N OTE 7

6.2

Level of Control
Control relates to the right to direct the interests of
the investment at the owner s absolute discretion.
Where an ability to direct is diminished through
co-ownership structure, the impact of that inability
to direct should be considered and reflected in the
valuation.

7.0 Com parable Evidence

7.1

6.3

Control Issues

6.4

number of parties in the co-ownership

structure;

voting rights where disproportional to the prorated interest;

cost allocation where disproportional to the

pro-rated interest;

revenue allocation where disproportional to

the pro-rated interest;

complexity of process and time taken to

direct;

protection at law for minority rights;

use of dispute resolution levels and

mechanisms;

pre-emptive rights; and

existence of a controlling interest.

In both the valuation of the physical underlying

asset and the co-ownership structure, the precise
extent of comparability of evidence of sales
transactions should be carefully considered.

7.2

In such cases of directly comparable evidence, the

level of adjustment of that evidence for application
to the subject interest to reflect the differences
between each may be limited.

7.3

the right to divide an interest, unfettered, and

deal with that interest - this includes the rights
of co-owners and the obligations the coowner of an interest to its fellow co-owners;

8.7.4

In the event of differences in respect of control,

liquidity or other relevant issues, members should
ensure that adjustment is made to appropriately
reflect such differences.

7.4

No Available Evidence
Some forms of co-ownership structure may
not be traded on the open market and directly
comparable evidence is therefore not available to
the member for consideration.

effect of pre-emptive rights --- where a coowner has a right to acquisition of other
co-owners interests on a basis that may be
prescribed;
non-structural impediments to liquidity - these
may include disengagement from a co-owner
or co-owners with incompatible investment
philosophies and complexity of process and
timing in connection with disposal of the
interest and disposal of the underlying asset;
and

Relevance of Comparable Evidence

Members should assure themselves that such
evidence is directly comparable in respect of
control, liquidity and other relevant issues.

Liquidity issues for consideration may include:

the proportionality of the interest - where
the interest being valued is considered in the
context of the overall holding and the number
of other co-owners;

Available Evidence
Some forms of co-ownership structure may be
traded on the open market and directly
comparable evidence is therefore available to the
member for consideration.

Liquidity Issues

Comparability
Comparability of evidence of sales transactions
should be considered in the valuation of both the
physical underlying asset (3.2 above) and the coownership interest (3.4 above).

Control issues for consideration may include:

o

the reasonable selling period for the interest both in the context of the ownership structure
and any co-ownership agreement selling
constraints.

In the absence of directly comparable evidence,

the level of adjustment of available evidence
for application to the subject interest may be
significant.

7.5

Appropriate Adjustment
In the absence of directly comparable evidence,
the member should consider available, relevant
comparable evidence from whole or other partial
interests.

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A N Z VA L UATI ON G UI D A N C E N OTE 7

In the event of differences in respect of structure,

control, liquidity and other relevant issues,
members should ensure that adjustment is made
to appropriately reflect such differences.

7.6

Relevant Information

7.8

Vigilance
The above list is not intended to be exhaustive and
members should be vigilant to seek any documents
relevant to a particular ownership structure being
valued.

In completing the valuation of a partial interest, a

member should obtain relevant information from
the instructing party concerning control, liquidity
and other issues, for review.

7.7

Checklist
Such information may include:
o

relevant documents supporting the ownership

structure, including amendments to those
documents, such as:

shareholders/unit holders agreement;

trust deed and trustee structural

arrangements;

joint venture agreement;

articles of association;

partnership agreement; or

any other similar arrangement document;

co-ownership agreement regulating the

relationship between the co-owners; including
fee or other co-owners remuneration
arrangements;

notice of any agreements between the coowners which vary any of the terms of the
agreements including board or management
meeting minutes;

any financing agreements relevant to the

entity;

financial statements, statements of

compliance with accounting standards,
auditors reports and tax returns;

any option or other right of sale, acquisition

agreements, first right of refusal or preemption agreements between the co-owners
and pertinent to the relevant interest;

details of any other agreement, arrangement

or obligation likely to impact on the value of
the relevant interest; and

an extract of the valuation component of

the compliance plan of the single responsible
entity if the relevant interest is owned by a
managed investment scheme.

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A N Z VA L UATI ON G UI D A N C E N OTE 8

A N Z V G N 8 VA L U AT I O N S F O R U S E
IN O FFER D O CUM ENTS
1.0 INTROD UCTION
1.1

Purpose

The purpose of this Guidance Note is to provide

advice to Members providing valuations for
inclusion in offer documents. This Guidance
Note does not purport to be a comprehensive
description of the law and members should obtain
independent legal advice.

1.2

Status of Guidance Notes

Guidance Notes are intended to embody
r
refore may
(although this should not be assumed) provide
some professional support if properly applied.
While they are not mandatory, it is likely that they
will serve as a comparative measure of the level
of performance of a Member. They are an integral
part of the Valuation and Property Standards
Manual.

1.3

Scope of this Guidance Note

This Guidance Note applies to Members providing
valuations of real property and related assets that
are to be included in an offer document.
This Guidance Note addresses general concepts
and principles to be followed by Members
when preparing valuations for inclusion in offer
documents.
Offer documents may include, but not be
limited to, regulated offer documents (including
prospectuses and product disclosure statements),
unregulated offer documents (including
information memorandums) and bidder s and
target s statements.

1.4

Structure of This Guidance Note

The advice for Members provided in this Guidance
Note includes:
o

advice on process including:

-

responsibility of Member;

instructions;

obligations;

ANZ VG N 8 VAL UAT IONS F O R US E I N OFFE R D OCUMENT S

1.5

style;

statement of valuation;

advice on transparency including:

-

conflicts of interest;

assumptions and qualifications;

forecasts;

value statement;

risk statement;

development properties; and

advice on regulatory observance.

International Valuation Standards

This Guidance Note is intended to be consistent
with Standards and Guidance Notes published by
the International Valuation Standards Committee,
except as otherwise stated.

2.0 PROCESS
The following comprises advice to Members concerning
issues of process in the provision of valuations for inclusion
in offer documents

2.1

Responsibility of Member

2.1.1

Requirement for Valuation

A Member may be instructed to provide a
valuation for inclusion in an offer document at the
request of a party such as the promoter, manager
or trustee but for the benefit of potential or
existing investors.
Such a valuation is likely to be an important
consideration within a range of matters considered
by a potential investor in determining whether or
not to make an investment.
A Member should be aware that the valuation
may be considered by other parties involved in the
offer including lenders, accountants, auditors and
lawyers.
A Member may be required to provide both a full
report and a summary report for inclusion in the
offer document.

8.8.7

A N Z VA L UATI ON G UI D A N C E N OTE 8

2.1.2

Role of Member

of instruction, contract between the parties or

other form of appointment.

A Member is fulfilling the role of an informed

professional in providing an objective and impartial
view and drawing the attention of a reader to key
issues impacting on value.
A Member should, therefore, provide disclosure of
relevant information (including assumptions and
qualifications) to assist a reader understand the
basis of the valuation (when included).
A Member should aim for maximum rather than
minimum disclosure, seeking to exceed technical
compliance in order to exceed public expectations,
in their full report. A summary report should,
therefore, seek to mirror the spirit of this approach
within the confines of brevity and cross-referencing
to other parts of the offer document where
relevant.
The level of information provided should be such as
potential investors and their advisers would
reasonably require and reasonably expect to find in
an offer document in relation to property value for
the purpose of making an effective, fully informed
decision.
A Member should not provide comment on the
merit of the offer.
2.1.3

Relevant Skills and Expertise

In accordance with Rule of Conduct 1.6, a
Member should not accept an instruction beyond
their competence.
If a Member does not have the relevant skills and
expertise to undertake the provision of a valuation,
the Member should decline the instruction or
retain an appropriate specialist to provide advice.

2.2

Instructions to Member

2.2.1

Written Instructions

A Member should note that the form of

appointment may be regarded as a public
document.
A Member should consider attaching a copy of the
instructions to the valuation report.
2.2.4

Incomplete Instructions
In the event that any of the following are omitted
from the instructions:
a) identification of the instructing party;
b) acknowledgment of respect for the Member s
independence;
c) provision to meet the cost of independent
legal or other expert professional advice for the
Member, if required;
d) exact scope of the valuation, disclaiming
responsibility for matters outside such scope;
e) basis of valuation;
f) date of valuation;
g) purpose/reasons for valuation including
a statement that it is for use in an offer
document;
h) the manner of distribution and likely recipients
of the valuation including, if the valuation is to
be used in an offer document;
i) any requirements for a summary report for
inclusion in an offer document;
j) confirmation that, if a summary report is
required, potential investors can have access to
the full report;
k) unfettered rights to inspect the property;
l) the facts of the proposal;

2.2.2

In accordance with Rule of Conduct 1.20, a

Member should accept instructions in writing.

m) any data relevant to the proposal;

Written instructions should be obtained prior to

the valuation being undertaken.

n) any partial ownership arrangements or other

restrictions on marketability;

Clarity of Instructions

o) if the subject property is subject to current or

previous acquisition, relevant details such as
contract of sale, survey, due diligence reports
and related documents;

In accordance with Rule of Conduct 1.20, a

Member should ensure clarity of instructions
concerning the interest that is to be valued.
2.2.3

Contents of Instructions
Such instructions should be clear and include all
relevant details, which may be provided in a letter

8.8.2

p) details of any consultants with whom the

Member should liaise regarding the offer
document, with costs arising there from to be
borne by the instructing party;

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q) reference to statutory requirements and any

additional requirements contained within the
documents constituting the offer or entity;

report is contained of any matter that could have a

material impact on the valuation.
In the event that the valuation becomes impacted
by a significant change during the offer period and
the instructing party does not amend or withdraw
the offer document accordingly, the Member
should consider withdrawing their consent to
being named in the offer document.

r) requirement for the instructing party to review

and confirm the factual accuracy of the draft
valuation report;
s) whether any assumptions or qualifications have
been prescribed by the instructing party, the
reasonableness or achievability of such
prescribed assumptions or qualifications and the
sensitivity of the valuation to variations or noncompliance with such prescribed assumptions
or qualifications;
t) requirement for the Member to provide their
consent to being named in the offer document
and a description of any consents the Member
may be required to sign in connection with
the inclusion of their valuation in an offer
document;
u) specific requirements of the instructing party for
the scope of continuous disclosure; or

2.4

Style

2.4.1

Goal
A Member should consider the test of a valuation
to be measured as much by its clarity and utility to
users as by the sophistication of its analysis and its
information content.

2.4.2

A valuation should be worded and presented in a

clear, concise and effective style using plain and
direct language.
2.4.3

v) provision of draft offer documents together

with adequate time for review and the right
to control edited versions of the valuation
contained therein a Member should consider
requesting same from the instructing party.

2.3

Obligations of Members

2.3.1

Duty to Prospective Investors

A Member should consider their responsibility to
potential investors to whom the report is directed
for their information and decision making.
If a Member is uncertain concerning their
responsibility, they should seek independent legal
or professional advice.

2.3.2

Nature of Information to be Included

A Member should, if not provided by the
instructing party with all information required for
consideration or appropriate access to records,
premises, etc as required, decline to provide a
valuation.

2.3.3

Significant Change in Information

A Member should be aware of the obligation
on the issuer of any offer document to issue a
supplementary offer document if a significant
change occurs.
A Member should promptly inform the issuer of
any offer document in which a Member s valuation

ANZ VG N 8 VAL UAT IONS F O R US E I N OFFE R D OCUMENT S

Written Style

Terminology
A Member should use terminology consistent with
widely accepted industry guidelines, but without
unnecessary technical jargon.
Where unavoidable, technical jargon should be
used consistently and with an explanatory glossary
provided in the full report, especially where, the
definition or interpretation of specific or technical
terms is central to the valuation.

2.5

Statement of Valuation

2.5.1

Member s Consent
It is recommended that a Member s valuation not
be published in part or full in an offer document
without the Member consenting to the form and
context in which it will appear.
Before consenting, a Member should confirm by
sighting that the valuation has been accurately
reproduced in the offer document and is being
used for the purpose for which it is produced.
A Member should be vigilant to ensure
misrepresentation or omission of factors,
assumptions or qualifications that may be relevant
to a party likely to rely on the offer document does
not occur.
A Member should limit their responsibility for an
offer document to solely their contribution to the
offer document.

8.8.3

A N Z VA L UATI ON G UI D A N C E N OTE 8

A Member may withdraw consent for the inclusion

of a valuation in an offer document at any time.
A Member should withdraw consent for the
inclusion of a valuation in an offer document if:

is and is seen to be independent of the parties

making the offer.
3.1.2

A Member should be independent of the parties

making the offer, their advisers and associates for
the duration of that period from first approach to
publication of final report for its required purpose.

o the Member becomes aware of something

occurring after the issue of the valuation which
would cause the valuation, or a statement in
the offer document to which a Member has
consented, to be misleading or deceptive;

A Member should disclose any conflicts of interest

(real, perceived or potential) including any interest
by a Member s employer, family or associate or
related parties.

o the Member has informed the issuer of the

occurrence; and
o the issuer has refused to issue a supplementary
offer document or otherwise inform potential
investors of the nature of the occurrence and its
impact on the valuation.
2.5.2

Summary Valuation

A Member should disclose, clearly and prominently,

any interest in the subject matter of the valuation
even if it is considered that no conflict exists.
3.1.3

The valuation, when read in full, should not

contain any unexpected material issues for a reader
who has previously read the summary valuation.
Currency of Valuation
A Member should make it clear that the valuation
is applicable at the valuation date and that any
change in circumstances or market condition
after that date would require the valuation to be
reviewed.
2.5.4

Assumptions and Qualifications

A Member should detail all assumptions and
qualifications affecting the valuation (section 3.2
below).
The use of sensitivity analysis is encouraged to
highlight those assumptions and qualifications that
significantly impact the valuation.

2.5.5

Risk Statement
A Member should include a risk statement (section
3.5, below).

3.0 Transparency
The following comprises advice to Members concerning
issues of transparency in the provision of a valuation for
inclusion in offer documents.

3.1

Conflicts of Interest

3.1.1

Independence
It is of paramount importance that a Member

8.8.4

Business Relationship
A Member should consider whether any previous,
existing or intended future business relationship
(within last two years or longer if sufficiently
significant), with any relevant parties has the
potential to affect or to be perceived to affect the
independence of the Member.

If a Member provides a valuation and then also

provides a summary valuation, it is recommended
that each refer to the other.

2.5.3

Declaration of Interests

3.1.4

Performance Fees
In accordance with Rule of Conduct 1.7, a
Member should not negotiate a fee contingent on
the success of the offer.

3.1.5

Client Interaction
A Member should not discuss the merits of an
asset or the approach that may be adopted in the
valuation until after the party making the offer has
provided written instructions.
A Member must assess the merits of the asset
independent of the party making the offer or
anybody associated with that party.
A Member may supply the instructing party with a
draft copy of a report for review and confirmation
of factual accuracy only.
The party making the offer may seek to provide
further information to, or clarification of matters
for a Member, which a Member may then verify
and consider.
Having regard to the correction of factual errors or
following verification and consideration of further
information or clarification, a Member may review
their valuation.
Otherwise, it is inadvisable for a Member to
change judgemental assessments in a draft report

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A N Z VA L UATI ON G UI D A N C E N OTE 8

(such as rental, growth, capitalisation or discount

rates or opinion of value) following comment by
the party making the offer.
A Member should keep accurate written records
of such interaction with the party making the
offer and of any changes that may be made by
the Member to the draft in order to substantiate
independence in the event of a claim otherwise.

3.2

Assumptions and Qualifications

3.2.1

Statement of Assumptions and Qualifications

If a Member has relied on advice or a report by

another party without conducting any independent
investigation into the matters contained therein,
the Member should clearly state this in the
valuation.

3.3

Forecasts

3.3.1

Basis of Forecasts
A Member may be required to undertake forecasts
in the preparation of a valuation.
Advice concerning development properties is often
reliant on forecasts (section 3.6.3 below).

It is recommended that a Member s valuation

clearly discloses any assumptions or qualifications
made or relied upon.

Members should have regard to International

Valuation Guidance Note 9, concerning the use
and basis of forecasts.

A valuation concerning a development property is

often subject to assumptions and/or qualifications
(section 3.6.2 below).

Forecasts should be supported by reasoned

assumptions, recognising that past trends may not
be a guide to future trends.

Accordingly, a Member should take as much care

with the formation and publication of assumptions
and qualifications as with the valuation itself.

A Member should make sufficient inquiries to

establish that forecasts are prepared on a
reasonable basis. Appropriate documentation
should be retained to prove such reasonable
grounds.

The use of sensitivity analysis is encouraged to

identify those assumptions and qualifications that
significantly impact the valuation.

A statement of assumptions relevant to the

for
roper assessment of
information contained in the forecast. A Member
should clearly disclose any such assumptions in the
valuation.

3.2.2 Prescribed Assumptions and

Qualifications
Where the instructing party has prescribed
assumptions or qualifications, to be included in
a valuation, the Member should restate these in
the report and write explanatory comments where
necessary.
A Member should critically evaluate information
provided by an instructing party, taking note
of any grounds for questioning the veracity,
accuracy or completeness of such information and
undertake whatever checks, inquiries, analyses and
verification procedures as are considered necessary.

A Member should seek professional advice

concerning the need for accreditation or licensing
for the provision of information in an offer
document and should ensure that the reliant party
does not adopt any such forecasts as the basis for
their own forecasts in the offer document without
the Member s prior written consent.
3.3.2

Members are encouraged to include a sensitivity

analysis within the valuation to ensure that readers
are aware of the degree of uncertainty which
such forecasts entail. Such analysis should address
key risks which may impact upon the valuation
outcome.

If assumptions or qualifications provided by an

instructing party result in advice that differs from
Market Value, a Member should report such
difference and/or effect and the reasons why.
3.2.3

Reliance on Advice or Reports by Others

If a Member relies on advice or a report by another
expert, the material should preferably be
reproduced in full or, if in part, the member should
be aware of the risk of material omissions and,
include a statement of the material on which a
Member has relied and (if applicable) how this has
impacted upon the valuation.

ANZ VG N 8 VAL UAT IONS F O R US E I N OFFE R D OCUMENT S

Sensitivity Analysis

Members should, avoid potential confusion by

clearly indicating which is their opinion of value.

3.4

Reporting The Value

3.4.1

Value
After considering all the issues affecting the
property, including various approaches to

8.8.5

A N Z VA L UATI ON G UI D A N C E N OTE 8

3.4.2

valuations and any sensitivity analysis, Members

are encouraged to provide a single point value.

the Member should include a discussion of the

reasonableness of such forecasts.

Market Volatility

(For example, an offer document may contemplate

certain time frames for the achievement of
development approval, a building contract at
a certain price and tenants at certain rentals to
change a block of land into an occupied, income
producing multi-storey office property.)

Members are encouraged to discuss the

implications of market volatility in relation to the
value ascribed.

3.5

Risk Statement

3.5.1

Risk Statement

3.6.4

It is recommended that a Member s valuation

include a risk statement comprising a balanced
view of the negative and positive risks associated
with the subject of the valuation.
3.5.2

Advice concerning a material change of state may

include extensive risk analysis.
A Member should comment on the risks involved
and upon the vulnerability to multiple risks, both
related and unrelated.

Unusual Attributes
A Member s advice should draw the r
attention to any atypical features or influences
associated with the subject of the valuation.

(For example, a valuation may include a detailed

statement of the various risks involved in
contemplating the acquisition of a block of land
on which an income producing multi-storey office
building will be built)

Advice concerning development properties may

be expected to include extensive analysis of risk
(section 3.6.4 below).
3.5.3

Marketability
A Member should comment upon the
marketability of the property.

3.6

Development Properties

3.6.1

Value As if Complete
If a Member provides a valuation of a property or
asset to be subject to a material change of state,
the Member is encouraged to report the value of
the asset as is and the value of the asset in the
as if complete state.
(For example, an offer document may contemplate
the acquisition of a block of land upon which will
be built an income producing multi-storey office
property.)

3.6.2

(For example, an offer document may be based

on development approval, a building contract and
certain tenants to change a block of land into an
occupied, income producing multi-storey office
property.)
Forecasts
If the as if complete value is dependent upon
forecasts, these should be fully addressed and

8.8.6

4.0 Regulatory Observance

4.1

Financial Services Licence

In Australia, the inclusion of a valuation report in
an offer document may constitute the provision
of financial product advice. Members that do not
hold, or are not covered by an Australian Financial
Services Licence, are advised to seek independent
legal advice before providing a valuation report for
inclusion in an offer document.
If it does constitute financial product advice, there
may be an exemption from the requirement to
hold a licence available if the following conditions
are met:
a)

the valuation is included in a document issued

in connection with an offer of a financial
product;

b)

the advice is an opinion on matters other than

financial products and does not include advice
on a financial product;

c)

the document includes a statement that the

person is not operating under an Australian
Financial Services Licence when giving advice;
and

d)

the person discloses in the document

information about any remuneration or other
benefits received or any interests, associations
or relationships that might reasonably be

Assumptions and Qualifications

If the as if complete value is dependent upon
stated assumptions and qualifications, these
should be fully addressed together with the
implications should any fail to materialise.

3.6.3

Risk Analysis

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A N Z VA L UATI ON G UI D A N C E N OTE 8

expected to be or to have been capable of

influencing the person in providing the advice.

This exemption is narrow in operation and will

not apply to the following documents where they
ffer of a
financial pr

4.2

a)

an explanatory booklet for a scheme of

arrangement;

b)

a compulsory acquisition notice under

Chapter 6A of the Corporations Act; or

c)

an offer made in the circumstances where the

shares to be acquired are held by shareholders
dissenting from a scheme or contract
approved by the majority.

In New Zealand, relevant law may include but not

be limited to:

b)

Statute --- including but not limited to:

o

s9 concerning the definition of an expert

(being distinguished from a professional
and/or an adviser);
s1041E relating to an offence of making
false or misleading statements in relation
to a financial product or service;
s1041H relating to a civil offence to
engage in misleading or deceptive
conduct in relation to a financial product
or a financial service, and
ss 710 and 1013C(3) concerning
information that should be included
within prospectuses and product
disclosure statements respectively;
Trade Practices Act --- in particular, s52
concerning misleading or deceptive
conduct or conduct that is likely to
mislead or deceive;
ASIC Act --- in particular s12DA
concerning the prohibition against
misleading or deceptive conduct in
relation to financial services; and

ANZ VG N 8 VAL UAT IONS F O R US E I N OFFE R D OCUMENT S

4.3

Statute --- including but not limited to:

b)

Securities Act (Real Property Proportionate

Ownership Schemes) Exemption Notice 1996
--- in particular the Second Schedule which
outlines mandatory matters to be specified in
Independent Registered Valuer s reports;

c)

Securities Act (Contributory Mortgage)

Regulations 1988 --- in particular Schedule
3 (Information and Other Matters to be
Contained in Valuation Reports). The inclusion
of these specified details is mandatory; and

d)

Fair Trading Acts, consumer protection

legislation, trustee legislation, valuers
registration legislation.

Corporations Act --- in particular;

-

Common Law --- including the potential

liability to a third party for loss suffered as
a consequence of reliance upon negligent
information or advice where it was not
unreasonable for the third party to rely
on the information or advice;

Securities Act 1978 and Amendments;

In Australia, relevant law may include but not be

limited to:
Common Law --- including potential liability to
a third party for loss suffered as a
consequence of reliance upon negligent
information or advice where it was not
unreasonable for the third party to rely on the
information or advice;

a)

Relevant Law

a)

Fair Trading Acts, consumer protection

legislation, trustee legislation, valuers
registration legislation.

Relevant Guidance
In Australia, relevant guidance may include but not
be limited to:
o

ASIC

Practice Note 42 --- Independence of Expert s

Reports;

Practice Note 43 --- Valuation Reports and

Profit Forecasts;

Practice Note 55 --- Disclosure Documents and

PDS: consent to quote;

Policy Statement 56 --- Prospectuses;

Policy Statement 74 --- Acquisitions Agreed to

by Shareholders;

Policy Statement 75 --- Independent Expert

Reports to Shareholders;

Policy Statement 77 --- Property Trusts and

Property Syndicates;

Policy Statement 146 --- Licensing: Training of

Financial Product Advisers;

8.8.7

A N Z VA L UATI ON G UI D A N C E N OTE 8

Policy Statement 170 --- Prospective Financial

Information;

Policy Statement 175 --- Licensing: Financial

Product Advisers --- Conduct and Disclosure;
and

Policy Statement 181 --- Licensing: Managing

Conflicts of Interest.

In New Zealand, relevant guidance may include but

not be limited to:

4.4

Securities Commission

Inquiry into the 1 Parliament Street Car Park

Limited Contributory Mortgage --- 3rd May
2002

Offers of Unlisted Interests in Commercial

Properties --- A Review --- 30th March 2000

Texts
In Australia, relevant texts may include but not be
limited to The Legal Liability of Valuers by Lindsay
Joyce and Keith Norris (Southwood Press, Second
Edition), particularly pages 48 to 53 and
Chapter 2.

8.8.8

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8. 9

A N Z VA L UATI ON G UI D A N C E N OTE 9

ANZVGN 9
A S S E S S I N G R E N TA L VA L U E
acceptance of instructions in writing prior to the
valuation being undertaken.

1.0 Introd uction

1.1

Purpose

2.2

The purpose of this Guidance Note is to provide

information, commentary and advice to Members
assessing rental value.

1.2

1.3

Status of Guidance Note

Members should have regard to relevant provisions

within Professional Practice concerning the content
of instructions.

2.3

In assessing rental value, the following

documentation should be considered:

Scope of this Guidance Note

original lease documentation (including

collateral agreements and executed
documents) to be sighted where possible,
otherwise the copy relied on should be
executed;

confirmation of current rent and other matters

as may be appropriate;

documents relating to financial implications

such as outgoings;

details of the floor areas, preferably surveyed

in accordance with an industry accepted
method such as ANZRPGN4 Methods of
Measurement, PCNZ/PINZ Guide for the
Measurement of Rentable Areas or the
Property Council of Australia
Measurement for Lettable Ar

if applicable, a statement from the lessor and

lessee as to the extent that information
obtained from the parties may be detailed in
the report;

details of the fit-out or other incentives

provided by the lessor, if applicable; and

details of the lessor s and/or lessee s

improvements.

International Valuation Standards

This Guidance Note is intended to be consistent
with the publication International Valuation
Standards 2007 as issued by the International
Valuation Standards Committee. However, there
may be departures from International Valuation
Standards 2007 to reflect Australian and New
Zealand law and practice.
This Guidance Note should be read in association
with the Practice Standards, Guidance Notes and
related documents in Professional Practice, in
Valuation of Lease Inter

2.0 Instructions
2.1

Supporting Documentation

Guidance Notes are intended to embody

r
refore may
(although this should not be assumed) provide
some professional support if properly applied.
While they are not mandatory, it is likely that they
will serve as a comparative measure of the level
of performance of a Member. They are an integral
part of the Valuation and Property Standards
Manual.

This Guidance Note applies to Members assessing

the market rent of premises held under an actual
or hypothetical lease and preparing a report
thereon. Rental Value is a generic term including
the term rent .

1.4

Content of Instructions

Prior Written Instructions

In accordance with the relevant Rules of
Conduct (API or PINZ), a Member should confirm

ANZ VG N 9 ASSESS IN G RENTAL VA LUE

2.4

Relevant Skills and Expertise

In accordance with the relevant Rules of Conduct
(API or PINZ), a Member should not accept an
instruction beyond their competence.
If a Member does not have the relevant skills
and expertise to assess rental value, the Member
should decline the instruction or retain an
appropriate specialist to provide advice.

8.9.1

A N Z VA L UATI ON G UI D A N C E N OTE 9

2.5

2.6

Full Disclosure

lessor;

Full disclosure of all relevant information by the

parties is critical to the assessment of rental value.
Where a Member suspects that information
provided by a party, or the parties to a dispute
is false, incomplete or misleading, the Member
should advise the parties and, if not resolved, the
Member may decide to decline the instructions.

lessee;

profit rent;

rental shortfall; and

permitted use.

Further Advice
It may be necessary for a Member to address legal
or other issues where these are in dispute. The
Member should obtain legal or other appropriate
interpretation to ensure the correct course of
action is taken. Where a Member is uncertain on
the issues, the Member may:
-

advise the parties to the dispute of the

necessity to obtain such advice;

4.0 Assessing Rental Value

4.1

4.2

obtain confirmation in writing from the

appropriate party/parties accepting liability for
the cost of that advice; and

assessing the rental value of premises held

under the terms of an actual lease; or

obtain confirmation from the parties that any

time limitation that is imposed on the
Member for completing the determination is
appropriately extended.

assessing the rental value of vacant or owner

occupied premises, assumed to be held under
the terms of a hypothetical lease; or

independently determining the rental value

of premises held under the terms of an actual
lease.

4.3

The fundamental starting point to any assessment

of market rent, at rent review, is therefore the
lease. A full understanding of the lease is required
before the market rent can be assessed.

Common Terms

rent (including gross, net, face, effective,

passing/contract and market);

rent review;

lease;

leasing incentives;

tenant;

landlord;

Market Rent Reviews

Market rent reviews in a lease enable the rental to
be varied to reflect changes in the market between
the date on which the lease commenced or the
rent was last reviewed and the relevant review
date subject to the terms and conditions of that
lease.

Primacy of Lease Definitions

The following terms are in common use and are

defined in the joint API, PCA & REIA publication,
Glossary of Property Terms (2007):

8.9.2

Purpose of Assessing Rental Value

Assessing rental value may comprise:

In assessing or independently determining the

rental value of premises held under the terms of
an actual lease, the definition of terms contained
within that lease have primacy, unless contrary to
any legislation.

3.2

Impartiality
In assessing rental value the Member should
maintain an independent, unbiased and balanced
state of mind.

provide to the parties a quote relating to

obtaining such advice;

3.0 Definitions
3.1

The definitions adopted in the Glossary of Property

Terms (2007) are provided in Appendix 1.

The agreed rental on review will reflect not only

the market influences but also the terms and
conditions in the actual lease document.

4.4

Issues for Consideration

When assessing rental value, a Member should
have regard to:
-

relevant legislation operating in Australia

and New Zealand, including any retail and
commercial tenancy legislation;

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A N Z VA L UATI ON G UI D A N C E N OTE 9

4.5

directions to the valuer pursuant to the Lease;

and

Court decisions.

another period;

lessor s and lessee s liability for outgoings;

assignment clause;

Lease Directions

sub-leasing rights;

When assessing the rental value of premises held

under the terms of an actual lease or the
independent determination thereof, members
should follow the directions, if any, provided under
the lease.

fit out and fit out costs;

treatment of incentives; and

make-good provisions.

A Member should comply with any specific

provisions contained in a lease unless:
-

4.6

4.7

In assessing market rent the Member should

consider the most appropriate evidence in the
market place.

the parties have further agreed to vary that

provision and have advised the member in
writing of any agreed variations; or

The best evidence is generally rentals which

have been agreed in comparable tenancies, at
the relevant date with vacant possession (i.e.
new lettings between arms-length parties), and
in particular, where the use is the same or a
substantially similar use as the permitted use under
the lease.

the provision is contrary to law.

Unspecified or Assumed Lease Terms

When undertaking an assessment of rental value
under the terms of a lease and also when notional
lease terms are to be assumed, the Member
should address (where appropriate) the following
elements:
-

the name of the lessor (where applicable);

the name of the lessee (where applicable);

description of the premises;

permitted use under the lease;

date of commencement;

term of lease;

date of assessment;

option(s) for renewal;

commencing rental;

current passing rent (if applicable);

method and frequency of rent reviews;

period to which the rental being assessed is

applicable which may be:
o

a period equivalent to the term of the

lease; or

a period equivalent to the unexpired term

of the lease; or

a period equivalent to the interval

between rent review; or

ANZ VG N 9 ASSESS IN G RENTAL VA LUE

Sources of Comparable Evidence

In the absence of new lettings evidence, the

member may have to consider the following:

4.8

rentals agreed between arms-length parties at

lease renewal or at the exercise of an option
to renew an existing lease;

rentals agreed at market rent reviews; and

the outcome of mediations or determinations.

Application of Comparable Evidence

The terms and conditions of a subject lease may
vary from the terms and conditions for leases of
comparable premises. These variations should
be taken into account in the assessment of the
market rent under the subject lease.
When a Member is required to assess a rental
under an existing lease which relates to market
rent or similar terminology, a distinction may need
to be made between an assessment of market rent
under the usual terms and conditions of similar
leases/tenancies and the terms and conditions of
the actual lease, with adjustments for differences.

5.0 Independent Determ ination

5.1

Purpose

In the event of a dispute between a lessor and the lessee,

a Member may be instructed or appointed to undertake

8.9.3

A N Z VA L UATI ON G UI D A N C E N OTE 9

an independent determination of the rental value of the

premises held under the terms of an actual lease.

8.0 Ap p end ix
Terms as defined in the Glossary of Property Terms (2007):

5.2

Basis of Appointment

Depending on the requirements of the lease, a Member

may be appointed to undertake an independent
determination by acting as an Expert or as an Arbitrator.
The terms Expert and Arbitrator are defined in the Glossary
of Property Terms (2007) and are provided in Appendix 1.

5.3

Conflict of Interest

When acting as an expert and the potential for a conflict

of interest arises, Members are referred to ANZRPGN 2
W
the Institute s Rule of Conduct 1.3.

6.0 GST
Members should explicitly state the treatment of GST in
their report.

7.0 Ref ere nces

Relevant texts may include, but are not limited to:
Hyam, A The Law Affecting Rent Review Determinations,
The Federation Press, November 2005
Duncan, WD Commercial Leases in Australia, The Lawbook
Company, 2005.

Arbitrator
An independent person who is contracted by the parties
to conduct an arbitration. It is usually a person with
experience and/or qualification in a particular field and
may be nominated by the parties.
Advocate
A person who represents the cause or interest of another,
even if that cause or interest does not necessarily
coincide with one s own beliefs, opinions, conclusions, or
recommendations.
Expert
A person who is recognised as having special knowledge
or skills.
Rent
A payment made periodically by a lessee to a lessor for the
use of premises.
The term Rent is often associated with a variety of other
terms outlined below:
Base: The minimum acceptable rental provided
in a lease. In retail leases the base rent generally
refers to the commencing rent which is
rcentage r
the tenants turnover.
Break-Even: The point at which a tenant s base
rent is equal to an agreed level of sales above
which percentage rent takes effect.
Concessionary: A discounted rent, usually during
the initial lease term.
Effective: The actual liability for rent and
outgoings after adjustments for any incentives to
the face rent are taken into account.
Equivalent: Equivalent refers to the rent being
adjusted for the effects of any market rent reviews
that will occur in the period of consideration.
Face: The rent shown on a lease document which
may or may not include incentives and may or may
not include outgoings.
Gross: In a gross lease, all operating costs of the
property (excluding direct tenancy expenses) are
included in the rental.
Market: The estimated amount for which a
property, or space within a property, should lease
on the date of valuation between a willing lessor

8.9.4

AN Z VA LUAT I ON A ND P ROPE R T Y STAN DARDS

A N Z VA L UATI ON G UI D A N C E N OTE 9

and a willing lessee on appropriate terms in an

arm s-length transaction, after proper marketing
wherein the parties had each acted knowledgeably,
prudently and without compulsion. Whenever
Market Rent is provided, the appropriate lease
terms which it reflects should also be stated.
Net: In a net lease the owner recovers outgoings
from the tenant on a pro-rata basis (where
applicable).
Passing (or contract): The rent specified by a
given lease agreement; although a given contract
rent may equate to the Market Rent, in practice
they may differ substantially, particularly for older
leases with fixed rental terms. The term, contract
rent is North American usage; passing rent is
Commonwealth usage. (IVSC)

may be applied at the start, during, or at the end of the

lease term and is outside the lease terms.
Outgoings
The expenses incurred in generating income. In real
estate, these expenses include but are not necessarily
limited to property rates, repairs, insurance, repairs and
maintenance and management fees. Operating expenses
when subtracted from gross income equal net operating
income.
Profit Rent
The difference between the market rent and the current
rent or ground rent resulting in a leasehold interest.
Rental Shortfall
The amount by which rent is less than the market rental.

Peppercorn: A term used where it is desired

to reserve only a nominal rent for any period. A
minimal rent which is below market value.

Tenant

Turnover / Percentage / Participation Rent:

Any form of lease rental arrangement in which
the lessor receives a form of rental that is based
upon the sales of the lessee. Percentage rent is an
example of a turnover rent. (IVSC).

Landlord

Rent Review
A periodic review of rental under a lease using a
predetermined method.
For example, increase in line with Consumer Price Index
(CPI), or in accordance with a market valuation.
Lease
(a) A contract arrangement in which rights of use and
possession are conveyed from a property s title owner
(called the landlord, or lessor) in return for a promise
by another (called a tenant or lessee) to pay rents as
prescribed by the lease. In practice the rights and the
duties of the parties can be complex, and are dependent
upon the specified terms of their contract;

A person or entity paying rent in exchange for the

occupancy of a building or dwelling. See also Lessee.

The owner of leased property. The lessor.

Lessor
The owner of a property who transfers the right to occupy
and use property to another by way of a lease agreement.
Lessee
A person / legal entity who receives the right to occupy
and use a property under the terms of a lease.
Permitted Use
The allowable use within the premises specified in the

Vacant Possession
In real estate this refers to a right to possession of land or
built-up property in respect of which there is no current
occupant.

(b) An agreement whereby the lessor conveys to the lessee

in return for a payment or series of payments the right to
use an asset for an agreed period of time.
Leasing Incentives
Inducements offered by landlords to attract tenants to
lease space. Typically occurs when supply exceeds
demand, but in order to maintain value by not lowering
face rent or contract rent, tenants are given incentives
such as rent free periods, cars and other gifts. Often such
inducements are secret. The discount or contribution
offered to a lessee at the commencement of a lease which

ANZ VG N 9 ASSESS IN G RENTAL VA LUE

8.9.5

THI S PA G E I S I N TE N TI ON A L LY L E F T B L A N K

8.9.6

AN Z VA LUAT I ON A ND P ROPE R T Y STAN DARDS

8. 1 0

A N Z VA L UATI ON G UI D A N C E N OTE 1 0

A N Z V G N 1 0 VA L U AT I O N O F
A G R I C U LT U R A L P R O P E R T I E S
In addition to the above, this guidance note
specifies any departures from IVS Standards
or other particular circumstances which reflect
Australian and New Zealand law and practice.

1.0 Introd uction

1.1

1.2

Purpose
The purpose of this Guidance Note is to provide
advice to Members undertaking valuations of any
agricultural property for any purpose.

2.0 Valuation Considerations

Status of Guidance Notes

members completing valuations of agricultural properties

Guidance notes are intended to embody

r
refore may
(although this should not be assumed) provide
some professional support if properly applied.
While they are not mandatory, it is likely that they
will serve as a comparative measure of the level of
performance of a member. They are an integral
part of the Valuation and Property Standards
Manual.

1.3

addition to the requirements of other relevant standards,

should consider the following factors, as
applicable:

2.1

Scope of this Guidance Note

Valuations of agricultural land which is not held

by freehold title should be appropriately qualified
eg Valuation of Leasehold Interest, Valuation of
Crown Leasehold etc.
It should also be noted that some Crown tenures
convey only a right of occupation to the land
and infer no ownership or transferable right.
An example of this is a license, which may be
terminated at will by the relevant minister and
is not transferable, and therefore may have no
market value (albeit could have a value to the
sitting licensee).

This guidance note is not intended to outline

methods of valuation of any particular type of
property but may comment on matters that should
be addressed in reports in respect of certain
properties types or uses. Methods of valuation are
covered in other guidance notes and authoritative
texts.

Agricultural land in many parts of Australia and

New Zealand may be subject to Native Title or
Treaty of Waitangi (NZ). Members should consider
the possible impact of any known or potential
claims for Native Title or the Treaty of Waitangi
(NZ) and provide a statement within the valuation
report as to how such issues have been treated.

International Valuation Standards

This Guidance Note is intended to be consistent
with Standards and Guidance Notes published by
the International Valuation Standards Committee,
except where otherwise stated.
Members are specifically directed to read IVS
Guidance Note 10 --- Valuation of Agricultural
Properties and ANZVGN 1 --- Valuation Procedures --Real Property.

ANZ VG N 1 0 VALU ATI ON OF AGR ICU LTU RA L P ROPE R T IES

Land Tenure and Native Title Rights

Unlike most urban land, other forms of land
tenure are common in relation to agricultural
land. Valuations should have regard to the nature
of tenure and interest held which can usually
be established by title or lease search or other
enquiries with the land holder.

This guidance note applies to Members providing

valuations in respect of any agricultural property
for any purpose. It should be used, as far as
applicable, in conjunction with other guidance
notes and practice standards that are either overarching or directly applicable to the type of real
property, purpose or issues involved.

1.4

In

2.2

Additional Rights
In addition to typical land rights, other rights
can be conveyed to agricultural land which may
have a material impact on the value of that
land. Examples include water or irrigation rights,
excavation or mineral rights etc.

8.10 .7

A N Z VA L UATI ON G UI D A N C E N OTE 1 0

Normally the value of any mineral rights are

ignored in valuations, or are at least implicit within
sales evidence, unless the existence of minerals is
known or probable.
Additional rights may be separately transferable to
the sale of land and accordingly valuations should
make qualifying statements as to what rights are
excluded or included with the valuation of the
land.

2.3

value of agricultural land from the perspective of

its appeal as a place to live, and farming
operations and profitability. The locational
attributes of agricultural land should therefore be
considered by members and specific comments
provided in valuation reports.

2.6

Australia and New Zealand are subject to varying

climatic conditions, in particular rainfall, which can
have a significant impact on the productivity and
hence value of agricultural land.

Planning or Legal Constraints

Particular planning (resource management in NZ)
or legal constraints may impact on the valuation of
agricultural land. These may include (but not be
limited to):

2.4

prohibitions on subdivision

prohibitions on construction of dwellings

coastal and landscape protection policies

forest or conservation reserves

emissions

water use

effluent disposal and leeching

possible need for planning approval of change

in agricultural usage in some jurisdictions.

In relation to extreme weather conditions the

regularity of such conditions and the long term
impact of such occurrences could be factors which
prospective purchasers consider in assessing the
value of agricultural land.

2.7

Topography
Australia and New Zealand have varying
topographies ranging from exposed coastal lands,
river flats, plains, arid dry lands, to mountainous
highlands. These topographic features can have
a significant impact on the productivity and hence
value of agricultural land. Factors which have such
an impact include (but are not be limited to):
o

latitude

Land Use

altitude

The existing use of land may not necessarily

represent the highest and best use of the land and
the land could have a higher value for alternative
agricultural uses. Examples may include:

aspect

access to natural or man-made water

resources

susceptibility to flooding

grazing land which has a higher value for

forestry;

landslip

coastal or inland

dry grazing land which has access to water

rights for irrigation purposes for cropping
land;

conversion of grazing land to intensive

agriculture eg orchards

Flooding can have an impact on productivity from

the perspective of the potential for topsoil removal
or erosion; or lost production, equipment or
livestock. The impact of flooding may vary
depending on the nature of the agricultural use
of the land. For example a flood could cause
significant damage to cropping land however the
impact on grazing land may be less severe.

The highest and best use of land may change over

time. In such cases members should consider
changes in market cycles or trends and the
potential costs incurred in changing the use of the
land.

2.5

Climate

Accessibility and Locational Attributes

Accessibility to services including community
facilities (e.g. schools, shops, medical services
etc.) and transport infrastructure (e.g. major
roadways, ports, railway etc.) could have an
impact on the

8.10 .2

2.8

Soils, Salinity & Erosion

Australia and New Zealand have varying soil
profiles ranging from rich alluvial soils, basalt soils,
to more sandy soils. Soils can have a significant
impact on the productivity and hence value of
agricultural land. Accordingly members should
consider the soil profile in assessing the value of
agricultural land.

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A N Z VA L UATI ON G UI D A N C E N OTE 1 0

Soil salinity or the proneness to rising water

tables and ground salts, as a consequence of land
clearing or prolonged heavy irrigation, and soil
erosion (including underground tunnel erosion) can
have a dramatic detrimental impact on productivity
and hence value of agricultural land. Accordingly
members should consider the susceptibility of
soil salinity or soil erosion in assessing the value
of agricultural land, and make specific comment
on any farming management practices which the
farmer may have taken to minimise the risks of
such issues.

2.9

Classification
The classification of the land is a primary
consideration in the valuation of agricultural land.
Common land classes based on use include
horticultural land, arable land, intensive grazing
land, extensive grazing land, open run grazing,
native bushland, conservation areas etc. Factors
such as zoning, availability of water and easements
are taken into account when determining the
potential highest and best use of the land.
The classification land is obtained from various
sources including title plans, past cropping areas,
irrigated land by reference to available water
resource agreements, topographical maps, aerial
photos and geographical information systems.
Members should apply the land classification
consistently to both the analysis of sales evidence
and the valuation.

2.10 Site Contamination

Some agricultural uses may cause site
contamination which could require either
implementation of appropriate management
practices or remediation. Examples of site
contamination on agricultural properties include:
o

sheep or cattle dips

sources of effluent disposal (especially

intensive livestock operations)

chemicals used in fertilisers or sprays

fuel storage tanks

waste dump sites

crop or livestock diseases

Members should consider the impact of any

possible or known causes of site contamination
on the value of the property, and report any
assumptions and qualifications where required.

ANZ VG N 1 0 VALU ATI ON OF AGR ICU LTU RA L P ROPE R T IES

2.11 Weeds and Pests

Pests and weeds may impact on the productivity
and hence value of agricultural land. In particular
rabbits, foxes, blackberries, gorse bush or other
introduced flora or fauna have had a devastating
impact. Native fauna (for example possums,
locust, or game) can also cause significant damage
to pasture or crops, particularly when at plague
proportions.
Farming management practices which have been
implemented or which are required on an ongoing
basis to control weeds or pests should be
considered and detailed within valuation reports.

2.12 Pasture or Crop Management

Farming practices in terms of pasture or crop
management can have an impact on the
productivity of agricultural land. Issues such as
pasture improvement, crop rotation or fertilising
programs (and the sustainability of such practices)
may need to be considered in the valuation of
agricultural land.

2.13 Water Resources

Water and drainage (domestic/livestock/irrigation/
effluent disposal) is becoming increasingly critical
to agricultural or pastoral property. Water is a
valued and scarce resource that is shared between
potentially competing users eg rural industry,
communities, and the environment.
The water resource which is held by a farming
enterprise may be personal property. This should
be considered in the valuation. It can comprise
a significant element of value of an agricultural
property. In some areas, if the water component is
removed, the property may not be of a viable size
for dry land production.
Licenses and/or consents are normally required to
pump and/or store water from a river, stream or
ground aquifer whilst alternative systems provide
for the purchase of water (usually measured on a
volumetric basis e.g. mega litres per annum) from
either public or privately owned water reserves.
Water is an over allocated resource in many
catchments and may be subject to reduced
allocations during dry periods which can impact on
productivity.
Members should have consideration of any
legislation/regulation affecting water.

8.10 .3

A N Z VA L UATI ON G UI D A N C E N OTE 1 0

2.14 Improvements
The added value of improvements is an important
consideration in the valuation of agricultural land.
Generally the value of the main homestead is a
critical consideration however the value of other
improvements can also be significant. The value
of farm improvements is limited by the degree of
economic and functional obsolescence.
Members should carefully consider the treatment
of integral farming improvements in the
comparison of sales evidence and treatment in
valuation calculations.

2.15 Past Carrying Capacity or Production

History
The past carrying capacity or production history of
agricultural land may be an important
consideration in the valuation of agricultural land.
Whilst carrying capacity or production can vary
significantly due to seasonal variations or farming
management, such data may assist members in
undertaking a valuation. Examples include:
o

comparison of long term averages to

recent productivity may indicate a decline
or improvement in soil quality or farm
management practices

long term averages may be useful as a form

of direct comparison with sales evidence on
a productivity basis (e.g. rates per dry sheep
equivalent)

the life cycle of trees and yields from orchards

or other intensive agricultural operations

the sustainability of the current use of

the property and potential to be used for
alternative uses

2.16 Trading Performance

Generally most agricultural property is valued
based on comparison with sales evidence however
in some cases the past and/or current trading
performance may be relevant in determining the
market value of specialised agricultural enterprises.
Examples include poultry and aquaculture farming
operations.
Where the net profit is used to determine the
market value, the valuation will represent the
value of the enterprise as a going concern. In
such cases members should acknowledge and
report that the valuation includes the value of
land, improvements, and the business including

8.10 .4

fixed and non-fixed plant and equipment, business

licenses and goodwill (as applicable).
Members are cautioned that some inclusions may
be wasting assets and in such cases valuations
for mortgage security purposes should advise the
intending mortgagee to treat such assets
differently from a mortgage lending perspective.
In order to adequately consider risk, valuations for
mortgage security purposes which have been
assessed on a going concern basis should also
report the value of land and improvements on an
alternative use basis if significantly different.

2.17 Inclusions
Other assets may be valued with agricultural
properties. Examples include:
o

Biological assets (including crops, timber,

stock)

Integral plant and equipment e.g. irrigation

pipes, sprayers or pivot irrigators, dairy plant
etc.

Non integral plant and equipment e.g.

tractors or other farm equipment, portable
fencing or stockyards etc.

Resource Consents (NZ). Resource consents

are a right (asset) that is generally provided for
a fixed term and often go through a renewal
regime with the issuing authority having the
ability to amend as it sees fit at renewal or
during the consent process. These are not
necessarily a wasting asset, but a right to the
land that can have significant impact on value
if discontinued or altered.

Typically such items are excluded from valuations

unless a property is valued on a walk in walk out
basis, in which case appropriate adjustments for
the respective inclusions with comparable sales
evidence may be required.
In order to prevent confusion as to the extent of
inclusions, when providing valuations on a walk
in walk out basis members should separately
itemise valuations into the following categories:
o

Land

Improvements (including integral plant and

equipment and other rights)

Biological assets (including crops, timber, stock)

Non-integral plant and equipment

Members may need to obtain separate expert

advice in relation to the value of biological assets
and non-integral plant and equipment.

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A N Z VA L UATI ON G UI D A N C E N OTE 1 0

2.18 Consideration of Sales Evidence

The existence of specific factors which may impact
on the value of agricultural land as discussed
within this guidance note, may or may not be
reflected by the prices paid for comparable
properties.

4.0 Goods and Services Tax

(GST)
Mem bers should explicitly state the treat m e nt
of GST in their repor t.

Sales of properties in proximity to a subject

property may have a significantly different value
due to particular characteristics. Examples include:
o

different climatic conditions (e.g.

susceptibility to frosts)

different topographical features (e.g.

northerly aspects in higher latitudes, rainfall
shadows etc.)

different water or irrigation rights,

different plant and equipment or stock,

soil classification

Typically analysis of sales evidence for agricultural

properties includes an analysis of land values per
hectare, the added value of improvements, values
on a rate per carrying capacity or production basis.
In the absence of sales of directly comparable
properties, differences that exist between the sales
evidence and the subject property may warrant
appropriate adjustments to be made.

3.0 Term inology

Different terminology is adopted from country to country. This
is particularly evident in the agricultural or rural sector.
Members utilising the relevant standards and guidance notes
should attempt to adopt relevant and accepted terminology
appropriate in the specific location in which they are involved.
Common terms used within the valuation industry for
agricultural land include:
o

broad acre - a term used to describe large land

holdings generally used for grazing purposes

dry sheep equivalents (dse) - a measure of carrying

capacity with reference to the potential number of
wethers (dry sheep) that can be sustainably carried on
the land;

stock units - a measure of carrying capacity with

reference to the potential number of stock that can
be sustainably carried on the land;

ANZ VG N 1 0 VALU ATI ON OF AGR ICU LTU RA L P ROPE R T IES

8.10 .5

THI S PA G E I S I N TE N TI ON A L LY L E F T B L A N K

8.10 .6

AN Z VA LUAT I ON A ND P ROPE R T Y STAN DARDS

8. 1 1

A N Z VA L UATI ON G UI D A N C E N OTE 1 1

A N Z V G N 1 1 VA L U AT I O N
O F S E L F S T O R A G E FA C I L I T I E S
1.0 Introd uction
1.1

Purpose
The purpose of this Guidance Note is to set
out matters to be addressed in the valuation
of operating self storage facilities. The items
addressed in these notes are in addition to those
required by ANZVGN2 Valuations for Mortgage
and Loan Security Purposes and IVGN12 Valuation
of Specialised Trading Properties.

1.2

Status of Guidance Notes

Guidance Notes are intended to embody
r
refore may
(although this should not be assumed) provide
some professional support if properly applied.
While they are not mandatory, it is likely that they
will serve as a comparative measure of the level of
performance of a Member. They are an integral
part of the Valuation and Property Standards
Manual.

1.3

Scope of this Guidance Note

This Guidance Note applies to Members involved
in the preparation of valuations relating to self
storage facilities. It should be used in conjunction
with other guidance notes and practice standards
which are either over-arching or directly applicable
to the issues involved.

1.4

International Valuation Standards

This Guidance Note recognises the International
Valuation Standards prepared by the International
Valuation Standards Council. This Guidance Note
is also intended to be consistent with the concepts
and definitions contained in those Standards,
however, there may be departures from IVSC
Standards to reflect Australian and New Zealand
law and practice.

ANZ VG N 1 1 VALU ATI ON OF SEL F ST OR AG E FA CIL ITIE S

2.0 General Explanation of Self

Storage Operations
Self storage operations involve the licensing of storage
areas to private and business users for the storage of
goods. Storage users may select from a range of storage
unit sizes provided within the property.
Self Storage Operators typically apply a standard storage
licence agreement and apply a monthly storage fee.
Storage fees vary depending on the size and location of
the storage unit occupied. Because the licence agreement
typically operates on a month to month basis the
operator may review the storage licence fee at any time.
The frequency and amount of storage fee increases will
depend on the management strategy of the operator, the
level of competition and storage fees applied in competing
facilities.
It is a fundamental element of operation of a self storage
facility that the operator does not take care, custody or
control of the goods stored. In a limited number of cases
operators receive and hold goods on behalf of customers.
This requires a specific, modified storage agreement.
It should be noted that the storage industry generally
compares pricing levels for individual units on a dollars per
month basis.
In addition to direct storage fees, self storage facilities may
also derive revenue from late payment charges, cleaning
charges when storage units are vacated, sale of storage
related merchandise, and sale of insurance for customer
goods in storage.

3.0 Instructions and Basis o f

Valuation
3.1

The Role of the Valuer

The Valuer needs to demonstrate in a report
an understanding of the operation of the
subject property, the operator s management
arrangements, the self storage market place,
surrounding competition and any specialised
features of the facility.

8.11 .7

A N Z VA L UATI ON G UI D A N C E N OTE 1 1

It is important that the Valuer obtains sufficient

detail in relation to the current storage unit
configuration, storage unit occupancy, current
revenues, operating expenses and arrears status
of occupied storage units. It is incumbent upon
the party instructing the Valuer to ensure that the
Valuer has access to records and information from
which the above detail may be extracted.

3.2

4.0

Operational arrangement may vary from facility to facility

and there are variations in management and operation
arrangements in various regions. Accordingly the valuation
should identify and describe the operation arrangements
applied in the facility being valued. This would include a
description of the following items

Going Concern
The valuation should clearly state that it has been
r

Going concern valuations are based on the net

income associated with the operation of the whole
of the self storage activities on the property.

Facilities Subject to Lease to an

Operator
Some self storage facilities are subject to leasehold
interests. Valuation of a self storage facility
subject to a long term leasehold interest of land
and buildings is not a going concern valuation.
Valuation of self storage facilities subject to
leasehold interests should reflect the net cash flow
associated with the lease and the specific terms of
the lease.

3.4

Accepting an Instruction
Prior to accepting an instruction, a valuer must be
confident of having the necessary expertise and
sufficient information to undertake the valuation.
For example, if the valuer does not have complete
or appropriate access to comparable sales and
trading data for the subject self storage facility,
then the valuation instruction should be declined,
or undertaken in conjunction with a valuer who
has the expertise and access to such information.
It is important that the valuer should, as a term of
their retainer, ensure the client has an obligation
to provide access to records and information
concerning the site (as set out in Clause 3.1). It
is important that the client and the valuer agree
that the valuation cannot be completed until such
information is provided.

8.11 .2

The form of storage agreement utilised,

Storage unit fee payment arrangements,

Late payment fee policies,

of all plant, equipment, furniture, fittings and

merchandise stock as appropriate.

3.3

Operational De tail

red goods,

Arrangement for the display and sale of

merchandise,

Office operating hours and

Access hours for existing customers.

5.0 Building Im provem ents

5.1

Building Construction and Services

The valuer should consider the design
characteristics and form of construction of the
property, including specialised features that may
impact upon the ability to attract self storage
customers, viability of operation, and marketability.
The construction, design and general condition of
improvements need to be considered in the
context of their specialised use, with the following
being examples of relevant factors:
o

The form of construction and materials used

ability to provide adequate ventilation,
insulation against temperature extremes and
protection against water penetration;

The size and mix of storage units, accessibility

of storage units including vehicular access,
corridor layout and width and lift or hoist
systems where multi-level storage is utilised,

Signage,

Size, location and appearance of reception

and merchandise display areas,

Onsite caretakers or managers

accommodation,

Customer parking and docking arrangements,

Access systems including gate access controls

and arrangement for after hours access and

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5.2

General site security and unit security

including perimeter access control, unit alarms
and video monitoring.

current performance levels of the facility. If

calculations apply revenue or expense details that
vary from actual current amounts there should be
a clear explanation and rationale provided for the
variations.

Repair and Condition

The valuation should comment on the state
of repair of the improvements of the property,
including any outstanding works to be completed
and any modification or maintenance work
required. Any item that may affect the continuing
efficient operation of the self storage facility
should be identified.
An annual repair and maintenance expense
allowance is a normal item of operating expense
and the valuation should include a provision
for repair and maintenance as part of normal
operating expenses. However it may also be
necessary to apply an initial capital expense
amount in valuation calculations where building
defects present an immediate impediment to
continued efficient and competitive operation of a
self storage facility.

6.0 Valuation Calculation

6.1

Valuation Methodology
Capitalisation of net operating income is the most
commonly applied method in valuation of self
storage facilities. Discounted Cash Flow (DCF)
analysis is also a very effective and complementary
methodology, particularly for substantial self
storage facilities. The net operating income should
be calculated before depreciation, amortisation,
interest, tax and capital expenditure deductions.
Such calculations being on a GST exclusive basis.
Experience suggests that the market initially places
greater weight on capitalisation (yield) calculations
in negotiation of transaction prices. However,
informed purchasers and vendors are clearly
aware of the variations in net income levels that
occur with variations in occupancy. This and other
variables are often best displayed in DCF analysis.
The results of both methodologies should be
applied in the valuation of larger self storage
facilities particularly where occupancy levels may
not have reached a full, mature level. Because of
the static nature of capitalisation calculations this
methodology develops complexities and anomalies
when applied to facilities operating at a less than
mature occupancy level.
Calculations should demonstrate a transparent
connection between actual calculations and

ANZ VG N 1 1 VALU ATI ON OF SEL F ST OR AG E FA CIL ITIE S

An extensive range of operating expenses typically

applies in the good management of operating
self storage facilities. It is necessary to ensure that
complete and realistic expenses are applied in the
valuation calculations.
Calculations should display all critical assumptions
and inputs, including the capitalisation rate
applied. In DCF analysis there is a need to provide
a disclosure of other valuation elements including
escalation rates, discount rate applied to future
revenues and value calculations applied at the end
of the assumed investment period.

6.2

Revenue and Trading Performance

The Valuer should clearly establish the current,
actual revenue of the facility at the date of
valuation. This should be supported by disclosure
of elements supporting the actual revenue. This
will involve:
o

Identification and description of the total net

rentable storage area available.

A clear disclosure of the units and unit areas

that are occupied and accruing storage fees.

Detail of the current actual storage fee rates

achieved and accrued (excluding incentives or
other distorting factors) for occupied storage
areas.

Details of other income amounts including

such items as late fees, sale of goods in
custody insurance, merchandise sales or other
areas of incidental revenue.

Analyse and make provision for customer

delinquency and delinquency write-offs.

A month by month history of occupancy level

and associated accrued storage fees over
time. A 12 month history is generally sufficient
to identify any correlation between occupancy
and revenue trends.

Where available, up to a 3 year trading history

is generally sufficient to assist in identifying
any correlation between occupancy and
revenue trends. If there is less than a 3 year
trading history, then a complete trading
history will be required.

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A N Z VA L UATI ON G UI D A N C E N OTE 1 1

The Valuer should also examine the unit

configuration, characteristics and features
of the occupied space compared with
unoccupied space and where significant
variations exist make reasonable adjustment in
projected revenues and occupancy to account
for the differences.

Accrued and potential storage fee revenue is

typically equated to a rate per square metre of
occupied space per annum (rate per square metre
per month X 12) for analysis and comparison
purposes. Analysis of variations in the achieved
storage fee rate per square metre will illustrate
pricing performance over time. It should also
be noted that storage fee revenue rates may be
influenced by additions or modifications to the
number of storage units or the mix of storage unit
sizes.

standards. These adjustments should be clearly

disclosed and explained in the valuation report.

6.4

It is not uncommon for facilities to operate under

management or general branding agreement.
The valuation should provide detail of these
agreements where applicable including detail
of fees and charges applicable under such
arrangements. The valuation should clearly state
if the assessment is subject to continuation of the
Licence or Management Agreement.

6.5

Operating Expenses / Outgoings

The valuation should establish the operating
expenses applied in the calculations.
Detail of full year operating expenses associated
with the normal operation of the facility should be
included in the valuation. This should be provided
on an itemised basis and include, but not be
limited to, advertising costs, site management
wages, insurance costs, rates and taxes, bank
charges, power costs, telephone charges,
merchandise purchases and maintenance costs.
An amount for head management fees should be
included in valuation calculations. This amount is
in addition to the direct site operating expenses.
While this amount is not always incurred as a
direct site expense, a management fee would be
incurred if the facility were to be purchased and
operated on a true investment basis.

Facility Operator and Customer

Agreement
The Valuer should also review the standard terms
of the agreement between the facility operator
and customer to satisfy themselves that the terms
of such agreement are consistent with industry
standards and in particular whether the agreement
contains clauses which provide that the operator
has the appropriate rights to deal with goods left
by the customer and that the agreement does not
expose the operator to risks that may impact upon
running the business.

Where a valuation applies a revenue or occupancy

level that differs from the current level being
achieved, this should be clearly stated. In these
circumstances the Valuer should also state
the basis upon which variation in revenue or
occupancy will occur including the period over
which the Valuer considers these variations will
occur.

6.3

Existing Licence and Management

Agreements

6.6

Surplus Land / Additional Capacity

It is often the case that self storage facilities have
not fully utilised the whole of the site or the whole
of the building within which they operate. It is not
unreasonable to attribute a value to undeveloped
areas within a self storage facility which are not
currently income producing or at full income
potential. However the value attributed to these
areas should be realistically assessed and clearly
described in the valuation. Application of revenues
based on hypothetical potential does not typically
provide a reliable assessment of the current market
value. Values based on immediately achievable use
are more reliable.

The Valuer should critically review operating costs

provided, and where it is evident that costs are
out of line with industry standard management
practices or where significant items have been
omitted, the Valuer should make appropriate
adjustments to bring costs in-line with industry

8.11 .4

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A N Z VA L UATI ON G UI D A N C E N OTE 1 1

practice, purchasers may pay amounts reflecting

the expectation that occupancy levels will increase
and there will be a corresponding increase in
storage fee revenues and net income. The yield
calculated on the basis of expected increased
occupancies and associated net income is referred
to as an Equivalent Yield1. In effect, this is the rate
that the Valuer should compare to the adopted
capitalisation rate.

7.0 Com petition

The performance of a self storage facility is impacted by
the level of competition from other self storage facilities.
The Valuer should be conscious of current and proposed
competition within the customer catchment area of the
self storage facility being valued and where possible
discuss the performance of the competing self storage
facilities.
Customer catchment areas may vary and are influenced
by the position and number of other self storage facilities
in the area, transport corridors, natural barriers such as
waterways and the demographics and population density
of immediately surrounding suburbs.

9.0 General Issues

9.1

In cases of self storage facilities held upon

leasehold title, the impact of the ground rent on
returns/incomes should be fully considered and
reflected in the valuation calculations.

8.0 Sales Evidence

8.1

Sales Analysis
It is not always possible to obtain sufficient
information to fully analyse every sale. However,
the Valuer still needs an appropriate level of sales
that have been adequately analysed in order to
arrive at an opinion of value.
It is not uncommon for self storage facilities to be
combined with other uses such as more traditional
industrial premises or vacant land. Sales analysis
and examination of property yields should identify
these varying property uses and make specific
adjustments to reflect the component elements.
r
facilities typically involves the concurrent and
interdependent sale of real property and a
sale of a business. Accordingly reliance upon a
reported property transfer amount that may be
shown in general property data base material
can be misleading as it is often only the property
component of the transfer that is recorded. In
analysis of sale of going concern transactions, it
is essential for the Valuer to determine the total
consideration paid including both property and
business transfer amounts.

8.2

Leasehold Tenure

9.2

GST Caution
The Valuer should consider the manner in which
similar properties are bought and sold from a
GST perspective and adopt the most appropriate
treatment of GST accordingly. Properties
r
exempt from GST.

9.3

Disclaimer
The Valuer should consider whether the valuation
report should contain a qualification concerning
the storage of hazardous or illegal goods on the
premises and any implications upon value.

10.0 Effective Date

This Guidance Note is effective from 1 January 2011.

Initial Yield vs. Equivalent Yield

The simplest yield analysis is the calculation of the
passing net income (gross revenue less operating
expenses) as a percentage of the Purchase Price.
This is referred to as the Initial or Passing Yield.
It is however, quite common for self storage
facilities to be purchased at occupancy levels that
are below a mature occupancy level. This will result
in the initial yield being at a relatively low level. In

ANZ VG N 1 1 VALU ATI ON OF SEL F ST OR AG E FA CIL ITIE S

Australian Property Institute, 2007, Glossary of Property Terms, Deakin ACT.

8.11 .5

A N Z VA L UATI ON G UI D A N C E N OTE 1 1

THI S PA G E I S I N TE N TI ON A L LY L E F T B L A N K

8.11 .6

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8. 1 2

A N Z VA L UATI ON G UI D A N C E N OTE 1 2

A N Z V G N 1 2 M A R K E T VA L U E O F
P R O P E R T Y, P L A N T A N D E Q U I P M E N T
A S PA R T O F A G O I N G C O N C E R N
BUS INES S
1

Introd uction

1.1

Purpose

1.2

Guidance notes are intended to embody

r
refore may
(although this should not be assumed) provide
some professional support if properly applied.
While they are not mandatory, it is likely that they
will serve as a comparative measure of the level
of performance of a Member. They are an integral
part of the Valuation and Property Standards
Manual.

The purpose of this Guidance Note is to provide

information, commentary, opinion, advice and
recommendations to Members determining market values
of property, plant and equipment where those assets are
integral to a going concern business. These guidance
notes cover various situations to assist Members in
undertaking such valuations.
It is also intended this Guidance Note will assist users
of valuation reports to understand the basis upon
which valuations of property, plant and equipment are
undertaken in these circumstances.
This Guidance Note is not intended to repeat information
already covered in Practice Standards and other Guidance
Notes. Practice Standards and other Guidance Notes which
should be read in conjunction with this Guidance Note
include:
o

IVS 1 Market Value Basis of Valuation

IVS 2 Valuation Bases Other Than Market

Value

IVA 1 Valuation for Financial Reporting

AVGN 1 Valuations for use in Australian

Financial Reports

NZVGN 1 Valuations for use in New Zealand

Financial Reports

IVA 2 Valuation for Lending Purposes

IVGN 1 Real Property Valuation

IVGN 3 Valuation of Plant and Equipment

IVGN 4 Valuation of Intangible Assets

IVGN 8 Depreciated Replacement Cost

IVGN 9 Discounted Cash Flow Analysis for

Market and Non-Market Based Valuations.

Status of guidance notes

1.3

Scope of this guidance note

The scope of this guidance note is to provide
guidance in any situation where a market valuation
of property, plant and equipment forming part of
a going concern business is required. This assumes
that the assets would be sold as part of a going
concern or continuing business. The market value
determined for the property plant and equipment
must be supported by the cash flows of the going
concern business in which they operate.
Often these assets are specialised operational
assets, the value of which cannot be readily
assessed by reference to market prices.
Non-operational, surplus assets that will not
continue to be used as part of the going concern
business (e.g. assets which are approaching or at
the end of their economic life) should be valued
based on their market value assuming they will be
sold separate from the going concern business.
Such a value may be higher or lower than the
value as part of the going concern business
depending upon the specific circumstances, but
should reflect the highest and best use of the
assets assuming they will no longer be used as part
of the going concern business.
This may include alternative use value in the case of
real estate. In respect of plant & equipment such a
value should assume that the assets will be sold for
removal (commonly referred to as net realisable value).

ANZ VG N 1 2 MA RKE T VA LU E OF P R OPE R T Y, PLAN T AND EQUIPMEN T

AS PA R T OF A GOIN G CONCER N BUS INES S

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A N Z VA L UATI ON G UI D A N C E N OTE 1 2

1.4

Assets included
Where the income approach has been used
to assess the market value of a going concern
business, the value determined will include all the
assets used in the business, including tangible and
intangible assets and liabilities (to the extent they
are used to derive income).
Tangible assets may include real property and plant
and equipment, and intangible assets may include
business licenses, patents, patterns, designs,
intellectual property, goodwill, etc.
Depending upon the purpose of the valuation, an
apportionment of value to the various asset classes
may be required.

2.

Test of adequate potential

p rofitability /service
pote ntial

As a basic premise, the market value determined for the

property plant and equipment should be supported by the
cash flows of the business.
IVGN8 (which covers depreciated replacement cost
valuations for financial reporting purposes) requires that:
where the value of a specialised asset is estimated by the
depreciated replacement cost method, a statement should
be made that it is subject to a test of adequate potential
profitability in relation to the whole of the assets held by a
for-profit entity or cash generating unit .
For not-for-profit public sector entities, the reference
to a test of adequate profitability is replaced by a test of
adequate service potential.
This statement is important as it is intended to alert the
reader of the valuation to the fact that the valuation
assumes and is dependent upon (i.e. subject to) the
reporting entity being profitable (i.e. having adequate
potential profitability), or in the case of not for profit
entities, continuing to provide the service for which the
asset is used (i.e. having adequate service potential).
Valuations of assets contained in a business that assume
continuation of the going concern business or service
should not be construed as representing the market
value of those assets in the event that the going concern
business or service ceases to exist.
When assessing market value under the cost approach, the
test of adequate potential profitability (or service potential)
has traditionally been seen as the responsibility of the
entity s directors or auditors.

8.12 .2

However Members may complete the test of adequate

potential profitability (or service potential) rather than
reporting a value subject to that test being completed by
others.
It should be noted that existing guidance provided in
respect of the test of adequate profitability is restricted
to valuations for financial reporting purposes completed
using the cost approach (IVGN 8). The test of adequate
profitability is effectively used as a means to identify the
potential existence of economic obsolescence. However,
economic obsolescence is a matter that should be
considered in many valuations that are completed using
the cost approach.
It should be noted therefore that if a Member does not
include the statement that the valuation is reported subject
to the test of adequate profitability (or service potential),
the valuation may be construed as reflecting all forms of
obsolescence (including economic obsolescence).
A valuation that reflects profitability or service potential
as described in this guidance note will result in an opinion
of market value. By implication therefore a valuation
that does not consider and reflect profitability (economic
obsolescence) or service potential will not result in an
opinion that represents market value until such tests have
been completed.

3.

Highest and best use

In undertaking market valuations of property, plant and

equipment as part of a going concern business Members
should consider whether the current use of those assets
represents their highest and best use.
If an asset potentially has a higher and better use,
Members may need to assess and report the value of the
asset for its alternative use, but in doing so Members
should also consider the costs that may be incurred in
changing use or decommissioning the asset as well as the
potential impact on the future use and therefore value of
other interdependent assets.
ANZVGN2 Valuations for Mortgage and Loan Security
Purposes requires that where assets have a lower value for
alternative uses the Member should report both values. It
is noted however that circumstances may occur where the
agreed scope of work does not include that requirement.

4.

Valuation m ethods

In assessing valuations of property, plant and equipment

as part of a going concern business, the sales comparison
approach, cost approach and income approach are all
considered appropriate methods of valuation depending
on the nature of the assets and the information available.

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4.1

Sales comparison approach

It is generally difficult to find and analyse sales of
specialised property, plant and equipment. Such
assets are usually sold as part of the going concern
business along with all its other tangible and
intangible assets and liabilities. They may also be
sold as part of a group or portfolio of assets and as
a result apportionment of the business acquisition
price to the various assets may not be available or
reliable.
Where comparable sales evidence exists for real
property being transacted as part of a going
concern business, the sales comparison approach
can be used to determine the value to an
owner occupier. The value of the property for its
alternative use or value with vacant possession
may be different.
The implication for Members is that comparable
sales of properties sold for redevelopment or
with vacant possession may not provide a true
indication of the value of a property for use as part
of a going concern business.
In some cases the value as part of a going concern
business may be lower than the property s value
for its highest and best use. IVS 1, 2 & 3 require
valuations to be assessed on a highest and best
use basis, but Members should consider possible
costs that may be incurred in changing the use of
the asset as well as the potential impact on the
use and therefore value of other inter-dependent
assets.
For plant and equipment this may mean assessing
the value of individual assets or production units
on a comparable sales basis and weighting that
value for installation and any enhancements/
modifications.
The comparables sales should be adjusted to
reflect any variations from the subject asset.
In some cases it may be appropriate to use a
combined approach to value: the sales comparison
approach (where comparable sales can be
found) and the cost approach for the installation
component that brings those assets into use within
the business.
In applying the cost approach to the installation
component of an asset s value, Members should
take into account any obsolescence in order to
determine the depreciation to be applied to the
installation cost component.
Members should also have regard to the market
place by understanding the context of each

sale and should be aware of, but not rely upon,

asking prices for equivalent assets in developing a
complete understanding of the market place.

4.2

Cost approach
The cost approach is the most commonly used
valuation method to determine the value of
specialised assets. Under the cost approach the
current replacement cost is calculated and then
any loss in value caused by physical deterioration
and functional and economic obsolescence is
deducted to arrive at the market value of the asset.

4.2.1

Forms of obsolescence:
The Member should consider three forms of
obsolescence:
1. Physical deterioration. This is the loss in value
resulting from the consumption of the useful
life or service potential of the asset caused
by wear and tear, deterioration, exposure to
various elements, physical stresses, and similar
factors.
a. It should be noted that the consumption of
the useful life or service potential of an asset
may be constant over the life of an asset
and on other occasions this may occur more
quickly at the beginning or at the end of the
asset s life. This can result from variations
in the intensity of use to which the asset is
subjected at different stages of its life. These
variations in the consumption of useful life
or service potential of an asset will likely
be reflected by variations in the level of
maintenance costs.
b. The useful life of an asset may be expressed
in terms of years of service but may
also be expressed in terms of units of
production. When assessing remaining
useful life Members should have regard to
the condition of the asset at the time of
assessment which may alter the total life of
the asset as compared to its expected life
when new.
2. Functional (sometimes called technological)
obsolescence is the loss in value resulting from
inefficiencies in the subject asset compared to
a more efficient or less costly asset. Such excess
operating costs and/or excess capital costs can
be used to measure the extent of functional
obsolescence.

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AS PA R T OF A GOIN G CONCER N BUS INES S

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A N Z VA L UATI ON G UI D A N C E N OTE 1 2

3. Economic obsolescence (sometimes called

external obsolescence) is the loss in value
caused by factors which are external to
the asset itself. Such factors often relate to the
economics of the industry in which the business
operates or the business in which it is
employed. New legislation (or fear/risks of it)
may also contribute to economic obsolescence.

physical deterioration or methods which

purport to represent all forms of obsolescence
in one calculation without having regard to the
circumstances and use of each asset.
In the case of new businesses, the sum of the
market value of the assets may indicate the
business is yet to achieve a level of profitability
which provides an appropriate return on the
assets employed and capital outlay. The test of
adequate profitability (or economic obsolescence)
will therefore necessarily have regard to a longer
term projection of expected cash flows rather than
those experienced in the start-up phase.

a. Economic obsolescence may result from

over capacity. The replacement cost of a
plant that has a capacity equal to need
may be significantly lower than the
reproduction cost of the plant as installed.
The extent of economic obsolescence in
these circumstances can be measured by
comparing the reproduction cost of the
subject assets to the replacement cost of
the assets required to meet the expected
demand. If the plant s capacity is limited
by an asset within the plant rather than by
external factors then the obsolescence may
be regarded as technological (i.e. functional)
and may be curable.

Observation and analysis of sales of comparable

businesses may be helpful in determining whether
the subject business can support the assessed
values of the tangible assets.
It is recognised that Members may not have access
to the information necessary to determine the
value of a business as a going concern however it
is prudent to investigate factors that may indicate
economic obsolescence and discuss these with the
client prior to drawing a conclusion as to the value
of the assets. For instance it would be prudent for
Members to inform themselves of the details of
relevant discoverable information (such as a recent
sale of the going concern business that owns
the assets) which might alert the Member to the
possible existence of economic obsolescence.

b. Economic obsolescence can also be a result

of other external factors such as increased
raw material costs or reduced product
sales/value. These factors may be specific
to a particular location or more generally
experienced throughout an industry sector.
c. It is important when investigating the impact
of economic obsolescence that Members
understand and consider the connection
with the profitability of the business. This
might be evident from the acquisition price
(in a business transaction scenario), or
reported business value. To the extent that
a contemporaneous transaction involving
the sale of the going concern business
indicates a lower value than that of the
property, plant and equipment used by that
going concern business, this may provide an
indication of economic obsolescence.
d. Economic obsolescence may also be
observed for some assets (predominantly
real estate) by considering whether the
going concern business could afford to pay
a market rent for the assets and still return a
profit.
Having regard to the various forms of obsolescence
discussed above, Members should be wary of
using depreciation tables which only reflect

8.12 .4

Members should be careful to individually assess all

forms of obsolescence for each asset as different
assets within the same business may be impacted
differently by obsolescence.
Valuations determined having regard to all three
forms of obsolescence under the cost approach
will result in an unqualified opinion of market
value of the asset.
In applying the cost approach to real property,
the Member should assess the market value of
the land and add the value of the improvements
after assessing all forms of obsolescence (including
economic obsolescence).
4.2.2

Guidance on the identification and

quantification of obsolescence
Specialised assets are rarely leased and therefore,
it is difficult to identify market rental income or
income capitalisation rates from the market.
Whilst these assets are typically used to
produce income, the income that is produced is
consolidated in the overall business enterprise

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A N Z VA L UATI ON G UI D A N C E N OTE 1 2

income and as such is produced by a combination

of real estate, plant and equipment, and intangible
assets functioning together as an integrated going
concern business.

identified from reviewing financial documents or

operational reports but may also be identified from
comparison with and knowledge of comparable
assets.

It is often difficult therefore to separate this

business enterprise income into the particular
components that represent income in respect of
the individual tangible assets.

With regard to economic obsolescence, it will

most likely be necessary to analyse asset-specific
financial data in order to identify the causes of
obsolescence.

Specialised assets do not sell regularly in the

secondary market and as a result it is difficult to
identify and analyse comparable sale transactions.

Negative movements in gross margin can also be

an indicator of economic obsolescence. The gross
margin is represented by the difference between a
revenues and its cost of raw materials.

Transactions involving the sale of specialised assets

are relatively infrequent and when they do occur,
the property, plant and equipment are sold as part
of a going concern business. In such situations, the
individual values attributable to the property, plant
and equipment are typically not disclosed to the
marketplace.
In some cases Members may have access to
contracts of sale that provide an indication
of the values attributed by the parties to the
transaction to the individual assets. However
such allocations may be arbitrary or influenced by
other considerations such as tax and as a result
may not be a true reflection of the value of each
component.
For these reasons, the cost approach is commonly
used to value specialised assets. The identification
and quantification of all forms of obsolescence
is a fundamental procedure in a cost approach
valuation.
The quantification of functional and economic
obsolescence is however often challenging for the
following reasons:
o It is difficult to visually identify the existence
and effects of functional and economic
obsolescence.
o The data needed to quantify some forms of
obsolescence are often only available from the
owner of the assets and therefore independent
verification may be difficult.
o With regard to economic obsolescence, the
causes of the obsolescence are, by definition,
factors that are external to the subject asset.
o The identification and quantification of some
forms of obsolescence is often comparative in
nature and therefore requires data in respect of
both the subject asset and comparable assets.

These inputs can be measured using units of

production where the current year s gross margin
can be compared to previous years.
Functional obsolescence
Common examples of functional obsolescence
include:
o excess operating/maintenance costs
o excess capital costs
Examples of excess operating costs include:
o the subject asset may require ten operators
while a comparative asset only requires five.
o the subject asset may produce ten units per
period while a comparable asset produces
twenty units per period.
o the subject asset may produce more scrap/
waste material than a comparative asset.
In each case the present value of the excess
operating costs in terms of labour, efficiency or
raw materials is used to arrive at a measure of
functional obsolescence.
An example of excess capital costs is where the
subject asset is considered to be over-engineered
for its required function. This can arise where
methods (and costs) of construction or materials
of construction have improved (reduced) since the
subject asset was originally put into service.
Functional obsolescence can be quantified and
captured by:
o reducing value by an amount equal to the
present value of the excess operating costs
embodied in the subject asset(s)
o reducing value by an amount equal to the
excess capital cost embodied in the subject
asset(s)

Functional and economic obsolescence may be

ANZ VG N 1 2 MA RKE T VA LU E OF P R OPE R T Y, PLAN T AND EQUIPMEN T

AS PA R T OF A GOIN G CONCER N BUS INES S

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A N Z VA L UATI ON G UI D A N C E N OTE 1 2

o reducing value by an amount equal to the

estimated capital costs to cure the functional
deficiency embodied in the subject asset(s)

In assessing valuations of real property assets as

part of a going concern business, capitalisation
and discounted cash flow analysis (cash inflows
and outflows) may be appropriate methods of
valuation.

Economic obsolescence
Economic obsolescence relates to a decrease in
the value of an asset due to influences that are
external to the subject asset and occurs when the
asset owner can no longer earn an appropriate
rate of return on the ownership/operation of the
subject asset, (i.e. the asset does not meet the test
of adequate potential profitability).

Whilst direct market evidence of sale prices may not

exist for specialised assets, Members may use other
market evidence or benchmarks to assess the value
of assets as part of a going concern business, either
in their entirety or as individual components.
Examples may include assessment of rents of
specialised assets having regard to likely returns
required within the market for assets employed
within similar industry sectors.

It is acknowledged that economic obsolescence

is typically the hardest form of obsolescence to
identify and quantify.

In other cases capitalisation of net profit may be

appropriate to assess the value of the entity as a
going concern however Members are cautioned
that valuations assessed on this basis include
both tangible and intangible assets, and an
apportionment may be required (refer Section 1.4).

Because economic obsolescence is usually a

function of external factors that affect an entire
going concern business (i.e. all tangible and
intangible assets) rather than individual assets, it is
sometimes measured using the income approach
or by using the income approach to help identify
the existence of economic factors that may be
having an impact on value.

There are few instances where the income

approach can be used to value individual plant and
equipment assets without also capturing other
assets such as intangibles and working capital. The
income approach may be able to be utilised for
leased plant and equipment assets that generate
an income stream or a group of assets that can
produce a saleable product.

When the operating level of an asset is significantly

lower than its capacity, and this situation is
expected to continue for the foreseeable future,
this form of economic obsolescence can be
measured using the cost approach.

It is recognised however that it is rarely possible to

identify an income stream and allocate it to
individual assets. As a result, it is generally very
difficult, if not impossible, to assess values for
individual assets by reference to the income
approach. It is also arguable that any cash flow
based valuation will, by default, include more than
just the plant and equipment assets.

In its simplest form this can be measured by

adopting the cost-to-capacity concept. The
economic obsolescence penalty can be calculated
on a percentage basis by comparing the actual
operating level to the rated capacity using the
cost-to-capacity concept. The penalty factor
is deducted after physical deterioration and
functional obsolescence because economic
obsolescence is independent of the asset(s).
This is based on the logic that a prudent purchaser
will only pay for capacity that can be used
profitably.

Effective Date

This Guidance Note is effective from 1 August 2011.

It should be noted that the cost of assets of

different capacities tends to vary exponentially
rather than linearly because of economies of scale.
For example, in the case of plant & equipment,
the cost of a conveyor of 100 metres in length will
typically be less than twice the cost of a conveyor
of 50 metres in length (all other things being
equal) due to the economies of scale available in
constructing a larger asset.

4.3

Income approach

8.12 .6

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8. 1 3

A N Z VA L UATI ON G UI D A N C E N OTE 1 3

VA L U AT I O N S F O R I N S U R A N C E
P UR P O S E S
1

Introd uction

1.1

Purpose
The purpose of this Guidance Note is to provide
information, commentary, advice and
recommendations to Members undertaking
valuations of property, plant and equipment for
insurance purposes.

1.2

Status of guidance notes

Guidance notes are intended to embody
recognised good practice and therefore may
(although this should not be assumed) provide
some professional support if properly applied.
While they are not mandatory, it is likely that they
will serve as a comparative measure of the level of
performance of a Member. They are an integral
part of Professional Practice .

1.3

Scope of this guidance note

This Guidance Note applies to Members
undertaking valuations for insurance purposes.
As there are many types of assets and various
levels of reporting, Members should decide which
matters are applicable and the extent of detail
required to ensure that the client is adequately
and appropriately informed. This Guidance Note
is not intended to outline methods of valuation
of any particular type of asset but may comment
on matters that should be addressed in reports in
respect of certain property types or uses. Where
appropriate, methods of valuation are covered in
other Guidance Notes.

1.4

International Valuation Standards

This guidance note is intended to be consistent
with the publication International Valuation
Standards 2007 as issued by the International
Valuation Standards Committee (IVSC). However,
there may be departures from IVSC Standards to
reflect local law and practice.

1.5

The Role
Insurance valuation services are commonly required
for one of the two following reasons:

ANZ VG N 1 3 VALU ATI ONS F OR INSU RANC E P URP OSE S

1.5.1

To determine the amount of insurance

required for the purpose of establishing
insurance cover (i.e. to assist in assessing
declared value or sums insured).

1.5.2

To determine the sum to be paid following

loss or damage as a result of an insured peril.
While this Guidance Note focuses primarily
on insurance valuations for the purposes
of determining the sums insured, a broad
understanding of loss assessment following loss or
damage is helpful. Furthermore, some Members
provide loss assessment services.
In New Zealand, insurance valuations are also
required as a basis for calculation of the Fire
Service levy.
In addition to the responsibilities covered in IVS
1, IVS 3 IVA 2 and ANZVGN 1 the Member s role
(subject to the scope of work agreed with the
client) is to advise:
o The reinstatement cost estimate and/or
indemnity value estimate of the assets for
insurance purposes at the date of valuation.
o Whilst risk managers and/or insurers commonly
address factors that can or could impact
adversely on the assets in respect of insurance
issues, such as, upgrade requirements, loss of
existing use rights, issues associated with party
walls, proximity to nearby high risk activities,
etc., Members can add value by attempting
to quantify the adverse impact of risk or
drawing the client s attention to the need for
reassessment should these risks eventuate.
The assessment of insurance valuations requires a
broad range of professional skills and experience,
such as for example:
o an appreciation of costs for the construction or
supply of assets of a similar size and utility;
o an appreciation of demand and supply of
building materials and labour, professional
services and planning and building approval
processes which determine the timeframe for
rebuilding;
o an appreciation of installation and

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A N Z VA L UATI ON G UI D A N C E N OTE 1 3

commissioning costs and timeframes for plant

and machinery insurance valuations;
o planning scheme provisions which could affect
whether a building can be rebuilt in its present
form;
o heritage issues;
o general insurance policy terms (including in
particular difference between reinstatement
and indemnity, inclusions and exclusions, coinsurance and averaging provisions);
o inflation on building costs;
o market rental values (for loss of rent or
allowance for alternative accommodation);
o the size and extent of all improvements
including building structures and ancillary
improvements.

a Common policies where the insurer may

elect to replace, repair, or indemnify in the
event of a loss.
b Replacement with new policies, which
sometimes can have age provisions or can
be regardless of age.

2.2.2 Industrial Special Risk (ISR) Policy.

The ISR policy is the most common policy for
commercial/industrial insurance. This type of
policy typically addresses many areas in addition to
buildings and contents.
Both of the above types of policies are most
commonly offered on the basis of reinstatement
cost and/or indemnity value, however, other
valuation bases such as reproduction cost or
replacement cost can also apply.

2.3 Insured
2.0 Common Insurance Policies and Terms
2.1 Background
The following information is provided to assist
Members in understanding the common types
of insurance policies available and some of the
terminology commonly used in those policies,
but members should be aware that each policy
of insurance could be subtly or dramatically
different in how it defines the terms discussed
below. The mechanism by which values or costs
of reinstatement are calculated will differ in each
policy of insurance.
It is preferable for members to state whether they
have or have not read or referenced the insurance
policy associated with the property insured. If a
policy has been referenced, a statement of any
specific issues that have affected the member s
assessment should be noted, and if it has not been
referenced, members should acknowledge the
same and ensure that the basis of their assessment
is clear to the party to whom the report is
addressed.

2.2 Common Insurance Policies

There are many different types of insurance policies
available. The most common policies relating to
the insurance of buildings and contents are:

2.2.1 Common Householders Policy:

There are two main types of common
householders policy:

8.13 .2

The insured is a person or entity whose interests

are protected by the insurance policy.

2.4 Situation
Situation is a term commonly used in insurance
policies to refer to the specific location of the
insured assets. The insured may have many
situations covered by the same insurance policy.

2.5 Property Insured

Property insured is a term commonly used to
describe the property that is covered under the
insurance policy. Insurance policies typically
provide insurance cover for all real and/or personal
property of every kind and description, unless
specifically excluded, belonging to the insured
or for which the insured is responsible or has
assumed responsibility to insure.
In some circumstances a property owner may selfinsure some assets and these should be identified.
The property insured also extends to all property
in which the insured may acquire an insurable
interest during the period of insurance. An
insurable interest may result from the completion
of an agreement to purchase an asset even though
settlement may occur at a future time.

2.6 Declared Value and Sum Insured

Declared value and sum insured are terms used
to describe the sum total of all property insured
at each situation declared by the insured and
calculated in accordance with the basis of

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settlement including foreseeable expenses such as

fees associated with planning, architects,
surveyors, consulting engineers, legal advisors, etc.

2.7 Typical Policy Indemnity Cover

Typical policies provide that in the event of any
physical loss, destruction or damage, which has
not been specifically excluded under the policy, the
insurer will indemnify the insured in accordance
with the applicable basis of settlement.
The insurer will also typically indemnify the insured,
in addition to the cost of rebuilding, for the
following, provided the liability of the insurer does
not increase beyond the limit of liability:
o Fees associated with the cost of rebuilding such
as those applicable to architects, surveyors,
consultant engineers, legal advisors, etc.
o Government fees and charges.
o Costs and expenses incurred for the purpose
of extinguishing a fire at or in the vicinity of
the property insured and threatening to involve
such property.
o Costs associated with making the property safe
after a loss.
o Costs of replacing locks, keys or safe
combinations in appropriate circumstances.
o Costs and expenses necessarily incurred in
respect of removal of debris.
o Damage to tools and clothing belonging to
Directors and employees of the Insured whilst
on the Premises.
o Temporary protection of undamaged property.
o Temporary repairs.
o Property of others for which insured is legally
liable.

2.8 Indemnity Value

In placing the insurance cover the insured may
elect to insure on an indemnity value basis.
If the basis of insurance under the policy is
indemnity value, or, in the event of a loss, if the
insured elects not to replace/reinstate or repair the
asset, then the insurer may make a payment on
the basis of the indemnity value of the asset(s) at
the time of the loss.
Indemnity value is typically defined as follows:
The cost necessary to replace, repair and or

ANZ VG N 1 3 VALU ATI ONS F OR INSU RANC E P URP OSE S

rebuild the asset insured to a condition and

extent substantially equal to but not better or
more extensive than its condition and extent
at the time that the damage occurred, taking
into consideration the age, condition and
remaining useful life of the asset.

2.9 Reinstatement Cost

Reinstatement cost is typically defined as follows:
Where property is lost or destroyed, in the
case of a building, the rebuilding thereof, or
in the case of property other than a building,
the replacement thereof by similar property
in either case in a condition equal to, but not
better or more extensive than its condition
when new.
Where property is damaged: the repair of
the damage and restoration of the damaged
portion of the property to a condition
substantially the same as, but not better or
more extensive than its condition when new.
Members should ensure that the valuation does
not give rise to betterment. That is, the valuation
should not be based on a more substantial or
superior property than that which existed when
the property was new

2.10 Extra Cost of Reinstatement

Policies for buildings and site improvements
typically extend to include the extra cost of
reinstatement of damaged property to comply with
the requirements of building regulations in place at
the time the loss occurs.
This extension is typically subject to the following
provision:
The amount of the claim cannot include the
cost of complying with a requirement which
existed prior to the loss occurring and with
which the insured was required to comply.
As a general rule the insurer will only insure the
assets as they exist, not as they may be replaced.
The reason for this is the incidence of a partial loss
where repairs are made to the existing structure.
However, it may not be possible to reinstate an
existing structure following a loss because it no
longer complies with current building and fire
regulations or other statutory encumbrances.
Insurers therefore allow the insured to insure for
the extra costs associated with complying with
these regulations.

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A N Z VA L UATI ON G UI D A N C E N OTE 1 3

2.11 Reinstatement Rights/Existing Use Rights

In the event of a total loss and where as a result
of the exercise of statutory powers by a regulatory
authority, the reinstatement of a building as it
existed prior to the loss may be prohibited or
restricted, the insurer may pay in addition to any
other amount payable on reinstatement of the
building the difference between:
a. the actual cost of reinstatement; and,
b. the cost of reinstatement if it were not
prohibited or restricted.
Any payment made for the difference between (a)
and (b) above would be made as soon as the
difference is ascertained upon completion of the
rebuilding works. In a number of policies this
provision is only in respect of the floor space ratio
index or plot ratio.

2.12 Co-insurance Clauses

Co-insurance clauses provide that, if at the time of
the loss the value of the property insured exceeds
the amount of cover, the insured is considered
to be self-insuring for the difference in value and
therefore bears a rateable proportion of any loss
(including a partial loss). This process of sharing a
rateable proportion of the loss is also referred to as
averaging.

2.13 Limit of Liability

Insurance policies often include a limit of liability.
Members are not usually required to assess this
amount directly. The limit of liability is the amount
representing the maximum liability of the insurer
for any one loss or series of losses arising out of
the one event at any insured situation. It therefore
includes the total cost of reinstatement from the
time that the policy commences up to the time
reinstatement takes place after a loss.
In the worst case scenario, a loss could occur
on the last day of the insurance period. The
limit of liability would therefore include the
reinstatement cost at the start of the policy, plus
the reinstatement inflation for the policy period
and the lead time and rebuild period, plus the cost
of demolition.

2.14 Fiduciary Interests

Members should be aware that other parties, for
example, lessors, financiers, trustees, mortgagees
and the like, may have interests in the property
insured and should act in the knowledge that

8.13 .4

liability may extend to those other parties. If a

member does not wish to extend their liability
to parties other than the person who has
commissioned the valuation for insurance purposes
then the member should include an appropriate
disclaimer.

3.0 Instructions
3.1 Instructions from Client
As with any other valuation, the scope of work,
basis of value, effective valuation date and any
other factors relevant to the valuation should be
agreed and confirmed with the client.
Ideally the client will provide the Member with a
copy of the insurance policy which will detail the
basis of insurance and extent of inclusions and
exclusions under the policy.
In the event the Member is not provided with a
copy of the policy it would be prudent for the
Member to obtain clear instructions from the
client confirming the scope of the work and any
special inclusions or exclusions that are required.
In circumstances where this is not possible the
Member should state within the insurance
valuation report the basis of assessment (e.g.
reinstatement or indemnity) and the extent of
inclusions and exclusions within the insurance
valuation.
It is recognised that in many cases Members will
be asked to prepare insurance valuations without
the benefit of insurance policies. These situations
include where a client is yet to select an insurer
or policy, or where a Member has been asked to
provide an insurance valuation in addition to a
market valuation on behalf of a third party (i.e. not
the insured).
Members may be asked to provide an insurance
valuation as part of a valuation for mortgage
security purposes, under instructions from a
financier, in order to ensure the interests of the
financier are appropriately insured. In these
circumstances it is unlikely the Member will have
access to insurance policy terms and the Member
should qualify the valuation in terms of inclusions
and exclusions having regard to typical insurance
policy terms for that type of asset.
In the event a Member has been engaged to assess
an insurance claim under an existing insurance
policy, it would be prudent for the Member to
request and consider the terms and conditions of

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the actual insurance policy.

When considering the terms and conditions of the
actual insurance policy it may be prudent for the
member to obtain legal advice as to the operation
of particular clauses within the policy.

4.0 Assessing Reinstatem ent

Cost
Reinstatement cost is sometimes referred to as the cost of
reinstating an asset to an as new condition or new for old.
The reinstatement cost notionally assumes a total loss.
In the case of a partial loss, reinstatement cost also covers
the cost of repairing the property insured to its condition
when new. The extent of damage and therefore the cost
of repairs cannot be anticipated prior to an actual loss
occurring. The cost of repairs may be more or less than
the reinstatement cost of the property insured.
To the extent the estimated cost of repairs is greater than
the estimated cost to completely replace or reinstate
the property insured, it is to be assumed that the insurer
would seek to completely replace or reinstate rather than
repair the property insured. In any case, the assessment of
repair costs is typically within the area of expertise of a loss
adjustor or loss assessor and can only be completed after a
loss has occurred.
It can be seen therefore, that seeking to estimate the costs
of repair is neither possible nor relevant when completing
valuations for the purpose of setting the amount of cover.
In completing valuations on the basis of reinstatement cost
a valuer should consider the items below.

4.1 Reinstatement Cost Estimates

There are a number of ways of providing an
estimate of reinstatement cost for buildings,
structures and site improvements. Two of the
more common approaches are:
o an estimate based on building cost guides; and
o an estimate based on elemental costs.
In the former the estimate of reinstatement cost is
based on construction cost rates (typically, but not
always, rates per square metre) published in
building cost guides and/or construction contract
rates. This commonly used method is intended to
provide indicative cost estimates.
Elemental building cost estimates determine the
construction cost of a building, structure or site
improvement by reference to the estimated cost

ANZ VG N 1 3 VALU ATI ONS F OR INSU RANC E P URP OSE S

of the individual components or elements of that

building, structure or site improvement. The
application of such an approach requires specific
training and knowledge.
Members who are qualified to complete elemental
cost estimates typically obtain detailed building
plans and specifications or gather such information
from a physical inspection of the site to assist
in the accuracy of the determination. Where
information is available, recent constructions
of a similar nature may assist to determine the
appropriate cost for each element. Consideration
should be given to the reliability of evidence
available and the information assessed in terms of
comparability to the subject asset.
All other things being equal an elemental cost
estimate is likely to produce a more robust cost
estimate than an estimate based on building cost
guides as is evidenced by the statement that the
latter is intended to provide an indicative cost
estimate.
In applying the selected method(s), Members
should have regard to the following factors (if
quantifiable):
o Specific materials used in the building (e.g.
mixture of stone, brick, plasterboard, etc.)
o Location factors (e.g. remote or rural sites v
metropolitan)
o Design of building including soil type, special
footings, etc.
o External dimensions of a building (some
cost guides relate only to internal building
measurements)
o All fees associated with reconstruction including
architects, survey and engineering fees
o Cost increases/decreases between the date
of issue of published cost guides and / or the
date of construction contracts, and the date of
valuation
Valuations undertaken in non-metropolitan and
remote areas would usually reflect regional costs
associated with labour and materials. It may
be possible to estimate the location factor by
investigating local construction costs and / or by
examining a sample of costs and relating them to
known costs.
In respect of common householder policies, unless
specifically excluded, the following items are
required to be included in the determination of the

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A N Z VA L UATI ON G UI D A N C E N OTE 1 3

insured value for buildings:

o Building shells and services
o Fixtures
o Walls
o Gates and fencing
o Paving
o External signs and lighting
o Radio and television masts and antennae
o Other improvements
o Underground tanks
o Services and connections including supply
mains and meters
In the case of industrial premises items such as
masts, antennae, underground tanks and other
similar items of equipment are more commonly
included as part of the insured value of plant and
equipment.
Unless specifically excluded under the terms
of the policy or other legal requirement all site
improvements should be specified and included in
the sums insured.
Where there is plant and equipment and/or other
services associated with a building, or where
various components of the buildings, plant,
equipment and other services are being assessed
separately by different valuation specialists, it may
be necessary for the different valuation specialists
to confer to ensure that no components are either
missed or double counted.
The reinstatement cost for plant and equipment
should be based on the replacement cost of
currently available equipment, including costs of
fees, engineering, procurement and construction
management (EPCM) costs and non-recoverable
taxes and duties. Design, EPCM and other
similar costs (sometimes referr
distributabl
re considered from the point
of view of the reconstruction of a complete facility,
rather than the cost of the original assets.
Members should be aware that the insurance
basis for Heritage Assets (refer section 6.6 of this
Guidance Note) may require a reproduction or
replication based assessment.

4.2 Fees and Contingencies

Members should assess in each case the extent of

8.13 .6

involvement of professionals such as architects,

surveyors, consultant engineers, etc. and where
applicable, should include an appropriate
allowance for their fees.

4.3 Lead Time

Lead time is the period of time after a loss occurs
when the remaining improvements are demolished,
plans and specifications of the replacement building
are drafted and agreed upon, appropriate approvals
are sought and obtained from the appropriate
authorities and all matters
are completed in preparation for rebuilding.
To the extent it is included within the agreed scope
of work cost increases during this period need to
be calculated. As this is a future estimate, it will
require suitable qualification and a disclaimer. For
plant and equipment, the unpredictability of future
cost inflation/deflation, especially that caused by
foreign exchange rate fluctuations, means that any
such allowance is subject to significant potential
estimation error and, if provided, should therefore
be suitably qualified and subject to a disclaimer.
For this reason Members may elect not to provide
such an estimate.
For plant and equipment that is located within a
building, in the event of a loss, the building will
usually have to be replaced before the plant and
equipment can be replaced. Therefore, the total
lead time allowance may need to also include the
building lead time.
Whether the valuation is to include an allowance
for cost increases during lead time will be
determined by the scope of work agreed between
the Member and the client. The valuation report
should state whether the values reported are
inclusive or exclusive of such costs.

4.4 Reconstruction Period

The reconstruction period is the period from the
time building approvals have been obtained to
completion and handover of the new facility. To
the extent it is within the agreed scope of work,
cost increases during the reconstruction period
need to be calculated.
For plant and equipment only, it is not common
place to include such items in the scope of work,
however, where it is to be provided, it is noted
that:

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o For substantial installations, a lengthy period

of time may be required whilst the plant is
constructed, installed and commissioned.
o Cost increases should be included only to the
extent that the building or plant and equipment
is completed in various stages. Members
should consider each element of construction to
determine what allowance for cost increases
should reasonably be made. As this is a future
estimate it will need suitable qualification and a
disclaimer.
o For plant and equipment that is located within
a building, in event of a loss, the building will
usually have to be replaced before the plant
and equipment can be replaced. Therefore,
the total reconstruction period allowance may
need to also include the building reconstruction
period.
o The unpredictability of future cost inflation/
deflation, especially that caused by foreign
exchange rate fluctuations, means that any
estimate of the reconstruction period is subject
to significant potential estimation error and if
provided, should therefore be suitably qualified
and subject to a disclaimer. For this reason,
Members may elect not to provide such an
estimate.
Whether the valuation is to include an allowance
for cost increases during the reconstruction
period will be determined by the scope of work
agreed between the Member and the client. The
valuation report should state whether the values
reported are inclusive or exclusive of such costs.

4.5 Demolition and Removal of Debris

Estimate
Where possible, and to the extent it is within the
agreed scope of work, the cost of demolition and
removal of debris should be estimated by having
regard to any known demolition and removal
costs for similarly constructed assets in the locality,
and / or demolition costs published in building
cost guides. Members should have regard to the
relative difficulty of demolishing and removing the
asset.
Consideration should be given to any generally
known presence of asbestos or similar hazardous
materials - particularly the potential for asbestos
to contaminate the site and surrounding areas
in the event of major damage to the property. If
available an asbestos report should be obtained

ANZ VG N 1 3 VALU ATI ONS F OR INSU RANC E P URP OSE S

or noted if not available. Difficult access to a site

may also be a factor that should be noted and
addressed. Members should assume that all assets
would be destroyed in a loss situation and would
require removal prior to reinstatement.
Whether the valuation is to include an allowance
for demolition and debris removal will be
determined by the scope of work agreed between
the Member and the client. The valuation report
should state whether the values reported are
inclusive or exclusive of such costs.

4.6 Goods and Services Tax (GST)

GST is payable on building costs, plant &
equipment and professional fees, however, the
manner in which a claim is settled may determine
whether it is possible to claim the GST back as an
input tax credit. For example, most insurers are
eligible to claim back GST paid, however, the GST
status of the insured may determine whether the
insured is able to claim back GST paid. For most
industrial and commercial assets, GST is therefore
not typically included as either the insured and/
or the insurer will generally be able to obtain the
benefit of the input tax credit.
Accordingly, Members should clearly state whether
the values reported include or exclude GST.

4.7 Heritage Assets

A heritage asset is one that is deemed worthy
of preservation usually because it is a good
example of its type, has historical, cultural or
environmental significance, rarity, or a combination
of these factors. Where a heritage asset has been
officially designated as such by relevant heritage
authorities, legislation may prevent renovations,
modifications additions and the like by imposing
strict requirements and lengthy approval processes.
. Many governments have enacted measures to
safeguard specific historic properties or to protect
whole areas/precincts of special architectural or
historic interest.
In the case of a total loss where a heritage building
has been destroyed along with the element
of heritage to be preserved, then the historic
significance is likely to have been lost.
In such circumstances heritage restrictions may
then be lifted and the owner may be at liberty to
replace the building or redevelop the site as per
planning requirements, unaffected by heritage
issues on the subject property.

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A N Z VA L UATI ON G UI D A N C E N OTE 1 3

However the risks arising from partial losses are

heightened in heritage assets, given heritage
legislation may require making good of damaged
areas and this may require repairing or reproducing
every component of the building in a style and
form of construction that most closely resembles
the remaining original structure. Increased costs
may be incurred due to the engagement of
suitable trades people, such as those skilled in
stone masonry, iron tracery and stained glass, etc.
Given the risks of increased costs of reinstatement
in the event of partial claims sums insured are
therefore typically determined using a reproduction
cost basis (i.e. the cost of rebuilding the
structure as it exists allowing for all extra costs of
reinstatement). This method establishes the current
cost of reproducing every component of the
building in a style and form of construction most
closely resembling the original.
In completing valuations of heritage assets
Members should consider likely increased lead
times, higher constructions costs and professional
fees. Members may also need to consider
implications in terms of reinstatement/existing
use rights or planning controls within heritage
precincts (whether the subject building is or is not
heritage listed).
In some instances, an owner may have the option
to replicate rather than reinstate with a modern
equivalent asset, even though replication may not
be compulsorily required in the event of a loss, and
will obtain an insurance policy that provides this
basis of settlement. If this is the case, Members
will require clear instructions as to the basis of
assessment. In such cases, the asset will need
to be insured and valued on a reproduction cost
basis.

4.8 Other Related Bases of Value

This Guidance Note outlines the bases of value
most commonly adopted in insurance policies
in Australia and New Zealand. Numerous other
bases of value are used by insurers. Whilst it is
impossible to provide an exhaustive list here, the
following definitions of reproduction cost and
replacement cost are included as they provide a
useful reference.
Reproduction cost - The IVSC defines reproduction
cost as:
The current cost of reproducing a new replica
of the asset being appraised using the same,
or closely similar, materials.

8.13 .8

Replacement cost - The IVSC defines replacement

cost as:
The current cost of a similar new asset having
the nearest equivalent utility as the asset
being appraised.
It is clear therefore that it is important for
Members to ascertain which basis of value applies
before commencing the valuation.

5.0 Assessing Indem nity Value

The common definition of indemnity established in case
law is the loss that would be suffered by the insured in
the event the asset was destroyed. This can be, but is not
necessarily, the market value of the asset destroyed or
damaged.
The measure of loss in the event an asset is destroyed can
be estimated using either a market comparison approach
or a depreciated replacement cost approach, depending
on the nature of the asset, client instructions and the
circumstances.
It is recognised that a single insurance valuation which
covers multiple assets (for example, plant and equipment
valuations may include both specialised and nonspecialised assets) may require both types of approach
to assessing indemnity value. Equally, Members may
be requested to undertake a market-based estimate of
indemnity value and/or a depreciated replacement cost
estimate of indemnity value.
However established the indemnity value assessment
should take into consideration the age, condition and
remaining useful life of the asset.
In the case of insurance, useful life is not synonymous with
economic life, but rather only reflects physical life. The
insured is entitled to insure the remaining physical life of
an asset, even though the economic life may have expired.
Therefore, the determination of indemnity value using a
depreciated replacement cost approach requires in the
first instance, the assessment of reinstatement cost and
then an assessment of the likely physical life of the asset
and the life expired. The expected physical life of an asset
is assessed on the basis that reasonable maintenance is
carried out to preserve the existing use.
Members should consider the expected life of assets in the
location of the valuation and elsewhere as appropriate.
It is common practice to apply a straight-line method of
depreciation when determining indemnity value,
(especially in respect of specialised buildings, structures,
plant and equipment) which assumes that the remaining
service potential of the asset is used up at a constant

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A N Z VA L UATI ON G UI D A N C E N OTE 1 3

rate assuming reasonable maintenance. However, there

are types of plant and equipment, particularly those
that experience rapid technological and functional
obsolescence, for which other methods including the
diminishing value method, are more appropriate.
To the extent plant and equipment is valued on the basis
of indemnity value using a market comparison approach,
the indemnity value may comprise two components,
depending on the nature of the asset. The first
component is the cost of acquiring a comparable item of
equipment from the second-hand market to which is
added the (un-depreciated) cost of installing and
commissioning that item.
Members should include reference within their report/
covering letter that a depreciated replacement cost based
indemnity value may not be the same as one determined
using a market comparison approach, and in some cases,
the difference might be material.
As for any other valuation, valuers should fully explain any
assumptions, the methodology adopted and the reasoning
that supports their conclusion as required by IVS
3. This will invariably require information, which should
be included in the insurance valuation report or covering
letter.

6.0 Report Content

6.1 Buildings
In addition to those items covered under IVS 1, IVS
3 and ANZVGN 1, (and with reference to section
2.5 of this Guidance Note) an insurance valuation
report for buildings and site improvements should
include, to the extent included within the agreed
scope of work:
o

A brief description of assets including a clear

statement as to whether floor coverings,
internal partitions, fit-out or other services are
included in or excluded from the valuation.

lead time, i.e. the period after a major loss

when debris is removed, building plans are
drafted and necessary approvals are obtained.
o

An allowance for cost increases during rebuild

period.

A statement as to the treatment of GST.

A statement of specific valuation exclusions

such as plant, equipment tools, furniture,
stock and materials in trade, and the costs of
removal/disposal of these.

Reference to the method and extent of fire

protection services.

A statement regarding the treatment of

financing costs during reconstruction and
whether it is assumed they are met by way of
progress payments as costs are incurred.

Any relevant qualifications and disclaimers,

which includes comments upon any unverified
information or assessments of future events.

Loss of rent/profits may also be required depending

on the agreed scope of work.

6.2 Plant and Equipment

For plant and equipment assets, the report content should
include or explain the following to the extent
included within the agreed scope of work:
o A brief description of the assets.
o A reinstatement cost estimate and/or indemnity
value estimate as at the date of inspection.
o An estimate of the cost of demolition and
removal of plant and equipment debris.
o An estimate of the cost increases during the
policy period (this and the following two cost
increase allowances are typically provided as
separate inflationary estimates).

A reinstatement cost estimate and/or

indemnity value estimate as at the date of
inspection.

An estimate of the cost of demolition and

removal of building debris.

An estimate of the cost increases during the

policy period (this and the following two cost
increase allowances are typically provided as
separate inflationary estimates).

o An estimate of the cost increases during the

lead time, i.e. the period after a major loss
when debris is removed, building plans are
drafted and necessary approvals are obtained
(often any buildings housing plant will have
to be reinstated before the plant can be
reinstated) plus any additional lead time
associated with the plant reconstruction and
installation. This period can be substantial.
Because inflation and, if applicable, foreign
exchange rate changes can be volatile, any such
estimates will require qualification.

An allowance for cost increases during the

o The treatment of obsolete assets. It is common

ANZ VG N 1 3 VALU ATI ONS F OR INSU RANC E P URP OSE S

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A N Z VA L UATI ON G UI D A N C E N OTE 1 3

for obsolete or unused assets to be excluded

from a valuation; where this is the case, this
should be explicitly noted.
o An allowance for installation and
commissioning costs.
o A statement as to the treatment of GST.
o A statement regarding the treatment of
financing costs during reconstruction.
o Any relevant qualifications and disclaimers,
which includes comments upon any unverified
information or assessments of future events.

6.3 Location (situation)

The location (situation) of the insured property
should be identified. An owner may have
many locations (situations) covered by the same
insurance policy. Additionally, all freestanding
buildings on a site will usually be separately
identified as they may represent separate insurance
risks.

7.0 Other Issues

Large-scale catastrophes and disasters can result in
unforeseen escalations in building and other related costs
due to the high demand for building materials and labour.
Declared values or sums insured are usually determined on
the basis of a single loss and not in the context of a more
widespread catastrophe such as an earthquake, flood or
bushfire.
Because such events can give rise to shortfalls between the
declared values or sums insured and the ultimate cost of
reconstruction, Members may wish to include suitable
disclaimers when completing valuations for the purpose of
setting sums insured, excluding possible cost escalations
arising from such catastrophic events.

8.0 Effective Date

This Guidance Note is effective from 1 October 2011.

8 . 1 3 . 10

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Ad d endum A --- Legislation and

Other Matters Specific to
New Zealand
A1.0 Legislation
Members should be aware that in New Zealand,
the insurance valuation report provided may be
used in the context of the following legislation:

A 1.1 Fire Service Act

In New Zealand the Fire Service levy is collected
from the insured and it is generally calculated as
a prescribed percentage of the indemnity value
of the insured asset. Therefore it will usually be
necessary for indemnity value to be assessed even
though the insured may have insured on the basis
of Reinstatement.
Indemnity is not defined in the Fire Service Act
and, if it is assessed for Fire Service Levy purposes,
should be assumed to have the same meaning as
in the insurance industry and in insurance case
law. Please refer to Section A2.11 for more detail
in relation to the Indemnity Value estimates carried
out for Fire Service Levy purposes.
Certain categories of property (mainly ancillary
structures such as roads, paths, drains, bridges,
tunnels, reservoirs, etc.) are exempted from the Fire
Service Levy (refer Section 467B (Third Schedule)
of the Fire Service Act). On a large site these may
comprise a substantial portion of the total
indemnity value. The insured may wish to have
these assets identified separately, so as not to pay
levies that are not legally required.

A1.2 Earthquake Commission Act

In New Zealand the Earthquake Commission Act
( ECA ) provides for cover against natural disaster.
It applies only to residential property.
Cover under and the ECA may be based on the
floor area and therefore insurance valuations of
residential buildings should include the gross floor
area for each individual unit within the insured
property, either within the asset description or in
the covering letter/report.
Furthermore, services within eight metres of the
perimeter of an insured building are generally
covered under the ECA. However, certain
categories of property (such as roads, drives,
bridges, culverts, drains, fences, swimming pools,

ANZ VG N 1 3 VALU ATI ONS F OR INSU RANC E P URP OSE S

septic tanks, etc., as per Schedule 2 of the ECA),

are not covered.
Historically, in relation to site development,
Members have commonly only included assets
which are located within eight metres of the
perimeter of the insured structure. However,
the eight metre requirement only applies to
residential structures referenced under the ECA.
Members should be aware that the eight metre
requirement above, only applies to ECA cover, and
should not be applied for general insurance cover,
which is discussed more fully in this Guidance
Note.

A2.0 New Zealand Insurance

Form
A2.1 Insurance Form
The insurance form commonly used by PINZ and
NZIV Members (both land and building and plant
and machinery valuers) is attached as Addendum
B. Generally:
o The purpose of the report is to provide useful
information to clients as well as the insurance
industry and in an easily recognisable summary
format.
o Only those values or estimates required should
be entered on the Valuation Report Form with
requir
r
placed against the other headings, where
appropriate. The intention is to allow for a
range of information tailored to the needs of
the insurance industry.
o The opportunity exists for all valuers to liaise
closely with clients so that useful and quality
information will allow a decision to be made as
to appropriate levels of insurance cover.
o There may be instances where the information
provided in standard form is insufficient to
meet client requirements. In such cases, a more
detailed report should be provided.

A2.2 Asset Description

Members should include a brief description of the
insured assets. For buildings, a general description
of the main building(s), site development and
essential construction components should be
included.
For the purposes of the underwriters risk

8 . 1 3 . 11

A N Z VA L UATI ON G UI D A N C E N OTE 1 3

assessment, Members are encouraged to identify

the method of fire protection (for example,
sprinkler system or heat/smoke detectors and
automatic alarm) and this should be noted,
along with the extent of coverage (for example,
warehouse/office/canopies). For commercial
buildings, the valuation should state whether floor
coverings, heating ventilation and air conditioning
services, internal partitions or other fit-out are
included or not.
All freestanding buildings on a site should be
separately identified as they represent separate
insurance risk.

A2.3 Upgrade Requirements

Due to ongoing legislative changes, many buildings
will not comply fully with building ordinances and
the like. The modern equivalent asset assumption
is intended to embody upgrade requirements
without necessarily explicitly addressing
compliance deficiencies. Typically, it will be helpful
to summarise major differences between the
insured asset and the modern equivalent asset
under the heading Upgrade Requirements.

A2.4 Age
This is the earlier of the estimated year of
completion of the asset or the commissioning
date. The year of any significant upgrade or
addition should be noted.

A2.5 Land Contour (Building valuations only)

This is a classification of the land contour
containing the building/s and immediate yard
areas. To ensure uniformity, classification should
correspond in general terms with those specified in
the text, Urban Valuation in New Zealand, Volume
1, 1991 by Rodney L Jefferies, published by PINZ,
PO Box 27-340 Wellington. (page 9.14).

A2.6 Subsoil Type (Building valuation)

This information is required by Underwriters as a
broad indicator of seismic stability. The perception
gained from the definition can have a significant
impact on insurance cost particularly in
earthquake prone areas throughout New Zealand.
It is important to discuss this aspect with your
client and where potential penalties could arise;
the insured should be encouraged to seek more
detailed information from the Local and Regional
Authority or engineering specialists. An entry
should only be made in this portion of the report

8 . 1 3 . 12

when the valuer has accurate knowledge as to the

sub-soil type.

A2.7 Other Known Characteristics

These will include any items not otherwise covered
within the report, which will be of assistance to the
client and/or insurers and should only be detailed
when information is known on the particular
characteristics e.g. locational factors, surrounding
property uses, etc.

A2.8 Use/Occupation
This should include a short description of the main
site use. Where mixed use occurs, e.g.
commercial/residential, this should be recorded.
Members should be aware that the use of insured
property is an important factor for insurers.

A2.9 Reinstatement Cost Estimate (1.0 A)

This definition on the reverse of the form has been
redefined in line with common insurance valuation
practice in New Zealand as:
an estimate of the cost, as at the date of
valuation, including relevant fees, of replacing
the asset with a new modern equivalent asset,
including where appropriate the use of current
equivalent technology, materials and services.
This is intended for the purpose of assisting the
parties to the insurance contract in negotiating
insurance premiums and, unless specified
elsewhere, is not based on a detailed elemental
and schedule of quantities approach as would
be undertaken by a quantity surveyor or
costing engineer. In construction unanticipated
problems often arise and actual rebuilding,
repair or replacement costs may vary from the
estimate.
However, Members who have suitable experience
and relevant information may undertake a
more detailed, elemental, (see Section 4.1 of
this Guidance Note) approach to estimating
the Reinstatement Cost, and may provide an
amended definition. If reproduction cost is
provided (and where agreed with the client, the
existing construction materials/methods are not
modern materials/methods), then the standard
Reinstatement Cost Definition will certainly require
modification.
The Reinstatement Cost Estimate is only valid as at
a particular date (generally the date of inspection)
unless stated otherwise. Notwithstanding that
for insurance valuation purposes, valuers may give

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an indication of inflationary provision. Insurance

values are not to be provided as at future dates as
per IVS 3, AUSNZ [Link].
Additional clarification is included to explain that
the Reinstatement Cost Estimate does not include
any allowance for catastrophic events (for example
an earthquake) that may drive up replacement
costs within a locality by increasing demand for
repairs and rebuilding and creating an unusual
shortage of labour and materials.
Members should note that no specific
identification is made in the Reinstatement Cost
Estimate of the cost of different materials and
additional services. Should separate identification
and calculation of costs be required, then this
should be supplied on request. However, for any
major items required, including a summary of such
items may be appropriate.

A2.10 Inflationary Provision (Reinstatement

Cost) (1.0 B)
This should include for cost inflation during the
lead time and construction period. It should
be noted that no allowance is to be made for
any delay due to the need to comply with the
provisions of the Resource Management Act
including possibly the requirement to reinstate
on an alternative site. All inflationary estimates
provided should be suitably qualified.

A2.11 Indemnity Value Estimate

The valuation covering letter / report should
reference the methodology applied in assessing
indemnity value, acknowledging the comments
referenced in Section 5.0 of this Guidance Note.
A suggested explanation of the approaches to
indemnity is provided as follows:
(1) Market Related Estimate (2.0 A)
Market related value is the estimated amount
for which an asset should exchange on the
date of valuation between a willing buyer and
a willing seller in an arm s length transaction,
after proper marketing, wherein the parties
had each acted knowledgeably prudently and
without compulsion.
For buildings, this excludes any land, and will
be the added value that the asset gives to the
market value of the land (assuming that, if
appropriate, the property is leased at market
rental). Should the insured wish to have

ANZ VG N 1 3 VALU ATI ONS F OR INSU RANC E P URP OSE S

indemnity estimate based on actual income,

then this must be stated by the valuer. This
situation may arise for property which is over or
under rented and where the client specifically
requires rent recognition.
For plant and machinery, personal property and
loose chattels; market related value equates to
the cost of a second hand equivalent asset plus
the (un-depreciated) cost of installation and
commissioning (if applicable), as at the date of
valuation.

(2) Depreciated Replacement Cost (DRC) (2.0 B)

For buildings, DRC this is the current cost
of replacing an asset with its modern
equivalent less deductions for age and physical
deterioration.
For plant and equipment, DRC is the current
cost of replacing an asset with its modern
equivalent asset, less deductions for age,
physical deterioration and technical and
functional obsolescence, taking into account
the total estimated life of the asset and
anticipated residual value (if any). The value
does not allow for economic obsolescence (if
any).
Members may be requested to undertake a
market related indemnity value estimate and/
or a depreciated replacement cost estimate; the
New Zealand Insurance Form (Addendum B)
provides two options for reporting indemnity,
being 2.0 A Market Related Value and 2.0
B Depreciated Replacement Cost. Where
Depreciated Replacement Cost is provided,
as is common for example with valuations
completed for Fire Service Levy purposes, and
the Member considers that this figure is not
consistent with a Market Related Estimate, a
clear statement noting this disparity should
be provided in the covering letter/report
accompanying the Insurance Form.

A2.12 Inflation Provision (Indemnity) (2.0 C)

If cost inflation is likely to exceed the depreciation
over the insurance period, (usually one year) an
allowance for indemnity inflation is necessary.
Some asset classes, for example, computer
equipment, are unlikely to experience cost inflation
in excess of depreciation over the same period, but
indemnity inflation is common for buildings and
other assets that depreciate slowly.

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A N Z VA L UATI ON G UI D A N C E N OTE 1 3

A2.13 Functional Replacement Cost (3.0 A)

Functional Replacement Cost is the estimated
cost required to replace all assets with new assets
that perform similar tasks but under optimum
current design and layout conditions with capacity
requirements not greater than currently available.
This would apply to assets unlikely to be reinstated
to the same extent, or to the same design or
construction material as existing. This would be
required when demand necessitates a smaller
or different asset due to changes in technology,
economics and other factors. Examples could be
a dated, two-level, freezing works, which would
better be replaced by a single level structure,
through to a two-story retail/office building in a
district where there is no demand for first floor
office space and the ground floor retail would
therefore likely only be replaced.

A2.14 Demolition Estimate (4.0)

This normally assumes that the total asset to be
demolished has been damaged beyond repair. The
Demolition Estimate covers the cost of demolition
and removal as debris of the asset, excluding the
cost of removal of any noxious materials such
as asbestos, or removal of debris on adjoining
premises. Where there is generally known
presence of asbestos or similar hazardous material,
this should be noted. If allowance is required to be
made for the salvage or removal of fixtures, fittings
and contents, then this should be specified and
referred to in an attached letter. This could also
apply to undamaged plant which must be removed
from the property if considered necessary.

shown at the bottom of the report. This would

not be required if the company s letterhead is used.

A2.17 Valuation Date

This is the effective date of valuation, which will
usually be the date of inspection. Members should
avoid statements that the value is valid for periods
in the future. Only the inflation estimates may
be estimated for a future period. Members must
follow the provisions of IVS 3, particularly AUSNZ
[Link] Date of Valuation.

A2.18 Lessee s Improvements

The valuation figures should exclude items installed
and paid for by a lessee, unless requested by the
client and detailed in the asset description. For
buildings, the asset description should also state
whether the valuation report includes any plant or
equipment.

A2.19 Disclosures
The Valuation Report should also disclose any
key assumptions and explain the reasons for
the adoption of the particular methodology or
methodologies utilised.

The Demolition Estimate does not include for

shoring up any structures, either on the insured
property or neighbouring properties. Furthermore,
it does not include for the removal of building
contents.

A2.15 Site Improvements

The Reinstatement Cost Estimate, Indemnity Value
Estimate and Functional Replacement Cost figures,
if required, should relate to the asset/s together
with other assets within or adjoining the structure,
as referenced in Section 4.1 of this Guidance Note.

A2.16 Valuer s Signature, Qualifications and

Name
These must be clearly stated. If the letterhead
logo of the NZIV or PINZ is used, the name of
the Member s firm or organisation should also be

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Ad d endum B - New Zealand Insurance Form

VALUATION FOR INS URANCE PURPOSES
Name of Client:
Address of Assets:
Asset Description:

Upgrade Requirements:

Age:

Use/Occupation:

Land Contour:

Subsoil Type:

Other Known Characteristics:

1.0

REINSTATEMENT
A. Reinstatement Cost Estimate
B. Inflationary Provision

2.0

INDEMNITY
A. Market Related Estimate
B. Depreciated Replacement Cost
C. Inflationary Provision

3.0

FUNCTIONAL REPLACEMENT

Refer to valuation report/letter for the specification of the functional design

A. Functional Replacement Cost
B. Inflationary Provision

4.0
V

DEMOLITION ESTIMATE
ATURE:

QUALIFICATIONS:

NAME & COMPANY:

VALUATION DATE:
Please note: this report summary must be read in conjunction with the attached covering letter/report.
(a) All figures quoted are exclusive of Goods & Services Tax, finance costs and other indirect costs.
(b) All figures are exclusive of any allowance for land value.
(c) This form must be read in conjunction with the definitions of terms on the reverse hereof.
(d) The information in this report has been prepared to establish insurance values and may not be used for other
purposes without the written consent of the Valuer.
(e) All figures assume compliance with building regulations and bylaws.

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A N Z VA L UATI ON G UI D A N C E N OTE 1 3

Definitions of Insurance Valuation Term s

The following definitions pertain to and form an integral part of the Valuation on the reverse hereof. ,

GENERAL

1.0

Name of Client
Normally the insured

A. Reinstatement Cost Estimate

Is an estimate of the cost at date
of valuation (including relevant
fees) of replacing the asset with
a new modern equivalent asset,
including, where appropriate,
the use of current equivalent
technology, material and services.
This is intended as a guide for
the purpose of setting insurance
premiums and, unless specified
elsewhere, is not based on a
detailed elemental and schedule
of quantities approach as would
be undertaken by a quantity
surveyor or costing engineer.
In construction, unanticipated
problems often arise and actual
rebuilding, repair or replacement
costs may vary from the estimate.

Address
Physical location, including street address
at which the assets are situated.
Asset Description
General description giving sufficient
detail to identify the range of assets
encompassed in the valuation including
details of principal structure showing
main construction materials. Any
exclusions should be noted.
Upgrade Requirements
Typically, it will be helpful to summarise
major differences between the insured
asset and the modern equivalent asset.
Age
Estimated year of completion and dates
of any major additions and upgrades.
Use/Occupation
Nature of main activity carried out at
location.
Contour
Valuer s classification of the land contour
containing building and immediate yard
areas:

1)

Level

2)

Gentle

3)

Easy

4)

Medium

5)

Steep

6)

Other --- as specified

Subsoil Type
General classification of land supporting
building and immediate yard areas:

1)

Bedrock

2)

Firm natural ground

3)

Filled ground

4)

Unknown

5)

Other --- as specified

As a geotechnical survey has not been

undertaken the description is without
prejudice.
Unless otherwise stated, the figures
contained in the insurance valuation
assume that the insured property can
be reinstated on the land, and that this
reinstatement can be achieved without
incurring foundation costs greater than
the costs assumed in the valuation
assessment, noting that these costs
would typically reflect the cost to replace
a modern equivalent asset on subsoil
conditions as assumed.

8 . 1 3 . 16

REINSTATEMENT

2.0

In the case of partial destruction

no specific allowance has
been made for any additional
requirements that any Council,
Government or other Authority
may require as additional
expenditure to upgrade, alter or
amend the undamaged portion of
the asset.
Reinstatement does not allow
for cost escalation due to a
catastrophic event causing
a general or localised surge
in demand for new assets or
rebuilding/repairs.
Where an asset has elements of an
historic or heritage nature, unless
otherwise specified, reinstatement
does not include for reproduction
of the existing asset with the
original heritage features, but
allows for a modern asset of
similar size.
B. Inflationary Provision
This amount has been estimated
on the basis of a loss occurring
on the last day of a 12 month
insurance period, if appropriate.
The inflation provision under
1.0 B and 3.0 B incorporates an
allowance for the additional time
required for damage inspections,
demolition, preparation of
new preliminary proposals and
their approval by the Territorial
Authority, preparation of working
drawings and specifications,
schedules of quantities, in
addition to an estimated period
of construction contract. No
allowance is made for any delay
due to the need to comply with
the provisions of the Resource
Management Act.
All inflationary provisions are
future projections, based on
recent trends and are given
without prejudice. Inflation and in
particular, foreign exchange rate
fluctuations affecting imported
assets, are notoriously difficult to
predict and the valuer cannot be
responsible for any inaccuracy.

INDEMNITY

A. Indemnity Value Estimate

Is an estimate of the loss that
would be suffered by the insured
in the event the asset was
destroyed.
This may be assessed using the
Sales Comparison approach,
Income Approach or the
Depreciated Replacement Cost
approach, as appropriate. (See
valuation report for guidance).
B. Inflationary Provision
Is the estimated amount by which
cost inflation exceeds depreciation
over a 12 month period.

3.0

FUNCTIONAL
REPLACEMENT

A. Functional Replacement Cost

Is the estimated cost required to
replace all assets to perform similar
tasks but under optimum current
design and lay-out conditions with
capacity requirements not greater
than currently available. The
value of any partial loss has been
disregarded in this context.
B. Inflationary Provision
This is calculated as per 1.0B
but based on 3.0 Functional
Replacement.

4.0

DEMOLITION ESTIMATE
For the purpose of valuation, it is
assumed that 100% of the assets
have been damaged beyond repair
and have no salvage value.
Unless otherwise noted in the
valuation covering letter,
Demolition Estimate covers the
cost of demolition and removal as
debris of the assets valued only
excluding the cost of removal of
any noxious materials, or removal
of debris on adjoining premises
The Demolition Estimate does not
include for:
1) shoring up any structures,
either on the insured
property, or neighbouring
properties
2) the removal of building
contents.

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A V G N 1 VA L U AT I O N S F O R U S E I N
A US TR A L IA N FINA NCIA L R EP O RTS
This Guidance Note should be read in conjunction
with International Valuation Application 1 (IVA 1) &
International Valuation Guidance Note 8 (IVGN 8)

1.0 Introd uction

1.1

1.5

1.6

1.7

1.3

Assist users of financial reports to understand

the basis upon which property, plant and
equipment asset valuations are undertaken.

Address general concepts and principles for

use in the preparation of valuations for use in
financial reports.

1.4

1.8

Scope
This Guidance Note applies to Members valuing
property, plant and equipment assets for use in
Australian financial reports.

Materiality
Accounting Standards are subject to the concept
of materiality which is defined to mean in relation
to information, that information which if omitted,
misstated or not disclosed has the potential to
adversely affect decisions about the allocation of
scarce resources made by users of the financial
report or the discharge of accountability by the
management or governing body of the entity .

Status of Guidance Notes

Guidance notes are intended to embody
r
and therefore may
(although this should not be assumed) provide
some professional support if properly applied.
While they are not mandatory, it is likely that they
will serve as a comparative measure of the level
of performance of a Member. They are an integral
part of the Valuation and Property Standards
Manual.

Financial Statements
Financial statements report the assets, liabilities,
equity, revenues, expenses (the elements of
financial statements) and cash flows of the entity.

The objectives of this Guidance Note are to:

Provide guidance to Members when preparing
property, plant and equipment asset
valuations for use in financial reports; and

Relationship to Accounting Standards

Australian Standards issued by the AASB have the
force of the Corporations Law.

Objectives

Development of Accounting Standards

The development of accounting standards involves
an extensive process, including the preparation
and publication of discussion papers and exposure
drafts, and extensive industry consultation, by the
Australian Accounting Standards Board (AASB).

Purpose

The purpose of this Guidance Note is to provide

information, commentary, opinion, advice and
recommendations to Members producing valuations of
property, plant & equipment assets (including heritage and
infrastructure assets) for use in Australian financial reports
and to assist users of those financial reports to understand
the basis upon which property, plant and equipment
valuations are undertaken.

1.2

This Guidance Note does not apply where a

valuation is undertaken for purposes other than for
use in Australian financial reports.

Members should reflect this concept when

completing valuations for financial reporting
purposes.

2.0 Accounting Fram ew ork

2.1

Introduction
The 2005 AASB accounting standards apply to
annual reporting periods beginning on or after
1 January 2005. This Guidance Note has been
developed to reflect with the adoption of the
Australian equivalents to International Financial
Reporting Standards.

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In the Australian context it is important to consider

the relationship between Australian Standards and
International Standards.
The International Accounting Standards Board
(IASB) was charged with preparing a set of
International Financial Reporting Standards in
2000. The intention was to develop a single set of
Accounting Standards that would be accepted by
capital markets worldwide.
The International Valuation Standards Committee
(IVSC), has formulated and published, in the
public interest, valuation standards and promotes
those standards for worldwide acceptance and
observance. IVSC valuation standards have
been developed for the procedural guidance of the
valuation of assets for a variety of purposes
including for use in financial statements and to
harmonise standards amongst the world states and
bring uniformity.
The IVSC works closely with the IASB and other
international bodies such as the International
Federation of Accountants, International
Organisation of Security Commissions and BASEL
Committee on Banking supervision. The IVSC
also provides advice and counsel relating to asset
valuation to the accounting profession.
The IVSC has developed International Valuation
Standards 7th Edition, 2005, the relevant sections
of which comply with the International Financial
Reporting Standards as at 1 January 2005. In it s
press release regarding the publication of its new
standards dated 9 February 2005, the IVSC stated:

The Financial Reporting Council is responsible

for the broad oversight of the process for setting
accounting standards for use in for-profit and
not-for-profit public and private sectors. The
key function of the Financial Reporting Council
is to advise the Commonwealth Government on
the accounting standards setting process and
development of International Financial Reporting
Standards and to determine the broad strategic
direction of the AASB.
The Financial Reporting Council is not able to
influence the AASB s technical deliberations and
hence the content of any particular accounting
standards.
The International Financial Reporting Standards
are adopted in Australia through the Australian
equivalents to IFRSs made by the AASB.
The AASB accounting standards that affect the
valuation of property, plant, and equipment are
summarised as follows: o

AASB 116 --- Property Plant and Equipment;

AASB 117 --- Leases;

AASB 136 --- Impairment of Assets;

AASB 140 --- Investment Property;

AASB 141 --- Agriculture;

AASB 3

AASB 5 --- Non Current Assets Held For Sale

and Discontinued Operation.

--- Business Combinations ; and

In 2004 the International Accounting

Standards Board (ISAB) made a number
of significant changes to the Accounting
Standards concerned with Real Estate and other
fixed assets as part of its own improvements
project. The IVSC revised its standards for the
2005 edition to reflect these changes.
The two standards most affected by the revised
International Financial Reporting Standards
are International Valuation Application
1 --- Valuation for Financial Reporting; and
International Valuation Guidance Note 8 --- The
Cost Approach for Financial Reporting --- DRC.
In Australia the Corporate Law Economic Reform
Program Act of 1999 established the basis for
new standard setting arrangements as a part of
the Commonwealth Government s Corporate Law
Economic Reform Program.

9.1.2

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The table below shows the relationship between the

previous and new standards:Previous Standards

Cur rent Standards

AASB 1015 --- Acquisition of

Assets

AASB 3 --- Business

Combinations

measurement after recognition, and de-recognition

of property, plant and equipment assets. After
recognition as an asset, an item of property, plant
& equipment is measured using the cost model or
the revaluation model (at fair value).
The objective of AASB 116 is to prescribe the
accounting treatment of property, plant and
equipment so that the users of any Financial
Report may discern information about the entity s
investments in its property, plant and equipment
and any changes in such investments.

AASB 116 --- Property

Plant and Equipment
AASB 1021 --- Depreciation

AASB 116 --- Property

Plant and Equipment

AASB 1041 --- Revaluation of

Non Current Assets

AASB 116 --- Property

Plant and Equipment

AASB 1008 --- Leases

AASB 117 --- Leases

AASB 1010 --- Recoverable

Amount of Non Current
Assets

AASB 136 --- Impairment

of Assets

No Previous Standard

AASB 140 --- Investment

Property

AASB 1037 --- SelfGenerating & Regenerating

Assets

AASB 141 - Agriculture

AASB 1042 --- Discontinuing

Operations

AASB 5 --- Non Current

Assets Held For Sale
and Discontinued
Operations.

AASB 116 is equivalent to IAS 16 Property, Plant

and Equipment issued by the IASB.
Current Australian standards require heritage
assets to be recognised as they satisfy the
definition of property, plant and equipment.
Therefore AASB 116 applies to heritage assets.

2.2 Inter national Valuation

Standard s
The International Valuation Standards Committee (IVSC)
publication International Valuation Standards 2005,
discusses the term Fair Value at paragraph 8.1 (Pgg 31-33)
of General Valuation Concepts and Principles by stating:
The expression market value and the term fair
value as it commonly appears in accounting
standards are generally compatible, if not in every
instance exactly equivalent concepts. Fair value,
an accounting concept, is defined in international
financial reporting standards and other accounting
standards as the amount for which an asset could
be exchanged, or a liability settled, between
knowledgeable, willing parties in an arms length
transaction. Fair value is generally used for
reporting both market and non-market values in
financial statements. Where the market value of an
asset can be established this value will equate to fair
value.

2.3

The standard also prescribes requirements for

depreciation of property, plant and equipment
assets.

AASB 116 --- Property, Plant and

Equipment
This standard prescribes requirements for the
recognition, measurement at recognition and

2.4

Relationship with Other Standards

AASB 116 is related to other standards which
consider the Fair Value concept in certain specific
areas. Depending on the classification of an asset
it may be necessary to consider asset valuation
requirements of the following:o AASB 117 --- Leases;
It is noted that AASB 117 may apply to the
disposal of an asset by way of sale and leaseback.
This is important in considering the valuation
of an asset by way of sale and leaseback where
necessary (Refer definitions under Addendum A
of IVA 1).
o AASB 136 --- Impairment of Assets;
The main requirement of this standard is to
ensure that assets are carried at amounts that
are not in excess of their Recoverable Amount.
The requirement to test for impairment is the
responsibility of the directors of the reporting
entity.
The Recoverable Amount of an asset or cashgenerating unit is defined as the higher of its Fair
Value less costs to sell and its Value In Use.
Value in Use is defined as the present value of
future cash flows expected to be derived from the
asset or cash-generating unit or, the depreciated
replacement cost of the asset (when the future
economic benefits of the asset of a not for profit
entity are not primarily dependent on the assets

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ability to generate net cash inflows and where the

entity would, if deprived of the asset, replace its
remaining future economic benefit).
The standard also requires that where the
Recoverable Amount of an asset is less than the
assets Carrying Amount the Carrying Amount of
the asset is reduced to its Recoverable Amount and
the reduction is an Impairment Loss.
The standard also requires the immediate
recognition of Impairment Loss as an expense in
the Profit and Loss for assets carried at cost or in
accordance with the revaluation accounting for
assets carried out at the revalued amount.
o AASB 140 --- Investment Property;
This standard requires an entity to measure an
investment property after recognition at Fair
Value or using the Cost Model specified in AASB
116. The standard applies to reporting periods
beginning on or after 1 January 2005.
Investment property is defined as Land or a
Building or a Part of a Building or Both held by
the owner (or by the Lessee under a Finance Lease)
to earn rentals or for capital appreciation or both
rather than for: (a.) Use in the production or supply of Goods and
Services or administrative purposes; or
(b.) Sale in the ordinary course of business.
Owner occupied property is property held (by the
owner or by the Lessee under a Finance Lease)
for use in the production of supply of goods or
services for administrative purposes.
o AASB 3 --- Business Combinations
This standard requires business combinations to be
accounted for by applying the purchase method. It
requires an acquirer to recognise separately, at the
acquisition date, the acquiree s identifiable assets
that meet certain recognition criteria, regardless of
whether they had been previously recognised by
the acquiree.
The standard requires the identifiable assets that
satisfy the stipulated recognition criteria to be
measured initially by the acquirer at their fair
values at the acquisition date, irrespective of the
extent of any minority interest.
o AASB 5 --- Non Current Assets Held For Sale
and Discontinued Operation.
This standard requires that assets that are classified
as Held For Sale be measured at the lower of the
Carrying Amount and Fair Value less costs to sell.

9.1.4

It also requires that assets that meet the criteria

as being classified as Held For Sale be separately
presented on the face of the balance sheet.

2.5

Fair Value
Fair Value is defined in AASB 116 as follows:. . . . . . the amount for which an asset could be
exchanged between knowledgeable, willing parties
in an arm s length transaction.
Fair value is considered further in non-mandatory
Australian Guidance as an accompaniment to
AASB 116 set out below.
Fair Value
G1 The fair value of an asset is the best estimate
of the price reasonably obtainable in the
market at the reporting date in keeping
with the fair value definition. It is the most
advantageous price reasonably obtainable by
the seller and the most advantageous price
reasonably obtainable by the buyer. The
estimate specifically excludes an estimated
price inflated or deflated by special terms or
circumstances such as atypical financing, sale
and leaseback arrangements, or concessions
granted by anyone associated with the sale.
G2 Underlying the paragraph 6 definition of fair
value is a presumption that the entity is a
going concern without any intention or need
to liquidate, to curtail materially the scale of
its operations or to undertake a transaction
on adverse terms. Similarly, to determine the
fair value of an asset, it is assumed that the
asset is exchanged after an adequate period
of marketing to obtain its most advantageous
price. The fair value of an asset is determined
by reference to its highest and best use,
that is, the use of the asset that is physically
possible, legally permissible, financially
feasible, and which results in the highest
value. Opportunities that are not available to
the entity are not taken into account. Where
it is the market s assessment that it is rational
to continue to use the asset, the revalued
amount shall include estimated entry costs.
Where the asset is held for sale AASB 5 Noncurrent Assets Held for Sale and Discontinued
Operations applies.
G3 Where a quoted market price in an active and
liquid market is available for an asset, that
price represents the best evidence of the
asset s fair value. When a quoted market

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price for the asset in an active and liquid

market is not available, the fair value is
estimated by reference to the best available
market evidence of the price for which
the asset could be exchanged between
knowledgeable, willing parties in an arm s
length transaction. This evidence includes
current market prices for assets that are
recent
transaction for the same or a similar asset
(provided there has not been a significant
change in economic circumstances between
the transaction date and the reporting date).
Current market prices for the same or similar
assets can usually be observed for land, nonspecialised buildings, used motor vehicles,
and some forms of plant and equipment.
For land and buildings, these prices can also
be derived from observable market evidence
(e.g. observable current market rentals) using
discounted cash flow analysis.
G4 In some circumstances the fair value of the
asset is not able to be determined from
market-based evidence as the market buying
price and market selling price of an asset
differ materially because the asset usually is
bought separately in the new asset market,
but if sold separately, could only be sold for its
residual value. In other circumstances the fair
value of the asset is not able to be determined
from market-based evidence as there is no
market evidence of the asset s market selling
price. These circumstances will usually arise
where the transaction price evidence arises in
a monopoly context or the asset is specialised
and rarely sold, except as part of a continuing
business.
G5 Where the fair value of an item of property,
plant and equipment cannot be reliably
determined using market-based evidence as
outlined in paragraph 33 of AASB 116 , the
asset s fair value is measured at its market
buying price and the best indicator of an
asset s market buying price is depreciated
replacement cost or an income approach.
Depreciated replacement cost is the current
replacement cost of an asset less, where
applicable, accumulated depreciation
calculated on the basis of such cost to reflect
the already consumed or expired future
economic benefits of the asset.

2.6

Depreciated Replacement Cost

IVSC Definitions
Depreciated Replacement Cost. The current
cost of reproduction or replacement of an asset
less deductions for physical deterioration and all
relevant forms of obsolescence and optimisation.
Specialised Property. Property that is rarely, if
ever, sold in the market, except by way of a sale
of the business or entity of which it is part, due
to uniqueness arising from its specialised nature
and design, its configuration, size, location, or
otherwise.
Improvements. Buildings, structures, or
modifications to land, or a permanent nature,
involving expenditures of labour and capital, and
intended to enhance the value or utility of the
property. Improvements have differing patterns of
use and economic lives.
Adequate Profitability. When an asset has been
valued by reference to depreciated replacement
cost, adequate profitability is the test that the
entity should apply to ensure that it is able
to support the depreciated replacement cost
conclusion.
Service Potential. The capacity to provide
goods and services in accordance with the entity s
objectives, whether those objectives are the
generation of a net cash inflows or the provision
of goods and services of a particular volume and
quantity to the beneficiaries thereof. In the public
sector, the concept of service potential takes the
place of the test of adequate profitability applied
in the private sector.
Modern Equivalent Asset (MEA). An asset
similar to an existing asset and having the
equivalent productive capacity, which could be
built using modern materials, techniques, and
design. Replacement cost is the basis used to
estimate the cost of constructing a modern
equivalent asset.
Impairment Loss. The amount by which the
carrying amount of an asset or a cash-generating
unit exceeds its recoverable amount. International
Accounting Standard 36 (IAS 36), para. 6.
Optimisation. The process by which a least cost
replacement option is determined for the
remaining service potential of an asset. It is a
process of adjustments reducing the replacement
cost to reflect that an asset may be technically
obsolescent or over-engineered, or the asset may
have a greater capacity than that required. Hence

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optimisation minimises, rather than maximises, a

resulting valuation where alternative lower cost
replacement options are available. In determining
the depreciated replacement cost, optimisation
is applied for obsolescence and relevant surplus
capacity.

2.7

to assets which are not traded in the market

place. In the absence of direct market
transaction evidence for specialised assets, the
use of depreciated replacement cost or income
methodologies, is endorsed at paragraph 33 of
AASB 116 as follows:If there is no market-based evidence of fair
value because of the specialised nature of
the item of property, plant and equipment
and the item is rarely sold, except as part of
a continuing business, an entity may need
to estimate fair value using an income or a
depreciated replacement cost approach.

IVSC Guidance
Depreciated replacement cost is used where there
is insufficient market data to arrive at Market Value
by means of market-based evidence.
AASB 116, Property, Plant and Equipment,
paragraph 33, provides that in the absence of
market-based evidence an entity may need to
estimate the fair value of a specialised asset using
an income or a depreciated replacement cost
approach.
International Public Sector Accounting Standard
(IPSAS) 17, Property, Plant and Equipment,
paragraphs 42 and 43, prescribe the use of
depreciated replacement cost for valuing
specialised buildings and other man-made
structures as well as items of plant and equipment
of a specialised nature.
Property, plant and equipment that is commonly
traded in the market should be distinguished from
specialised assets.
The classification of an asset as specialised should
not automatically lead to the conclusion that a
depreciated replacement cost valuation must be
adopted. Even though an asset may be
specialised, it may be possible in some cases to
undertake a valuation of a specialised property
using the market comparison approach and/or the
income capitalisation approach.
In the absence of direct market evidence,
depreciated replacement cost is regarded as an
acceptable method of assessing the value of
specialised assets but the methodology must
incorporate market observations by the Valuer with
regard to land value(for property assets), current
cost, and depreciation rates. The methodology is
based on the same theoretical transaction between
rational informed parties as the Market Value
concept.
o

2.8

In applying the depreciated replacement

cost methodology, the Valuer should refer to
IVGN 8

Specialised Properties
The conceptual approach to the valuation of
specialised assets has not altered in relation

9.1.6

The depreciated replacement cost approach for

financial reporting is considered in GN8, IVSC
Standards 2005.
The term fair value less costs to sell used in
Australian accounting standards is not applicable
unless the asset is held for disposal. Market value
will still apply in this circumstance to property,
plant and equipment, but not as part of a going
concern.

2.9

Application
Points that valuers should note are:
a)

In the majority of instances in relation to

property, fair value will be equivalent to
market value.

b)

For specialised properties the application of

the depreciated replacement cost approach
or the income approach is an acceptable
methodology for valuations for financial
reporting purposes provided the value
determined is consistent with the fair value
definition.

c)

In the absence of direct (market) transaction

evidence, when the depreciated replacement
cost approach methodology is applied, valuers
should consider the elements of depreciation
and their application.

d)

Wherever possible, depreciation should be

based on market evidence. (See IVSC GN8).
Valuers constantly analyse market transactions
which indicate a relationship between
new cost, depreciation and value. These
transactions can be indicative of depreciation
for depreciated replacement cost purposes
if care is taken to exclude influences such
as economic depreciation affecting property
sold for a use other than its original purposedesign use.

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e)

f)

g)

h)

Where the depreciated replacement cost

approach is adopted and the value of the land
for an alternative use is equal to or higher
than the value of the (total) asset - after
allowing for the cost of works to bring the
land to a state in which the alternative use
can be exploited (e.g. demolition and removal
of plant and equipment and its cost of
relocation) - then the land value, net of these
costs, is the value of the asset.

3.0 Categorisation o f
Assets
3.1

Operational Assets are categorised as follows:

Non-Specialised, or

Specialised

Operational Assets may be Non-Specialised or

Specialised in whole or part. The valuer assesses
the degree of specialisation having regard to the
following:

3.3

the use to which the asset is put,

the degree of special adaptation,

the location,

whether that category of asset has a readily

definable market; and

any guidance by the directors and/or technical

staff of the entity.

Non-Specialised Assets
Non-Specialised Assets are those normally traded
in an open market where market-based price
indicators are available to guide both market
participants and market observers. These NonSpecialised Assets can be further categorised as
those assets which are common and regularly
traded in the marketplace and include offices,
warehouses, shops, etc. and those that generate
an income or profit by their operation and are
traded in the open market and include trading
hotels, hospitals and casinos.

The depreciated replacement cost approach

methodology is expressed as subject to the
test of the adequate profitability (or service
potential in the case of assets employed in a
not-for-profit enterprise) of the assets held by
the entity.

2.10 Fair Value Responsibility

The application of Australian Accounting Standards
and International Accounting Standards is
complex. Valuers of property, plant and equipment
assets for financial reporting purposes should be
aware of the inter-relationships and complexities.

3.2 Degree of Specialisation

Consideration should also be given to the

potential alternative use value of
improvements on the land e.g. a building shell
after removal of all plant and equipment. The
alternative use value assessment does not
necessarily mean that the improvements have
no value for the alternative use.
When an asset used in a for-profit enterprise
has been valued by reference to the
depreciated replacement cost, adequate
potential profitability becomes the test (an
impairment test) applied by the entity to
the depreciated replacement cost estimate to
determine whether the asset can be carried at
that amount.

Operational Assets

3.4

Specialised Assets
Specialised Assets are those not normally traded
in any market, except as part of a total enterprise
by reason of their specific design, size, location
or other factor. These assets include, but are not
limited to, oil refineries, power stations,
communication towers, notable public buildings,
roads and drains, parks and gardens, and can
include standard buildings such as offices or
warehouses in a market where there is little or
no demand for the asset if it is no longer an
operational asset.

The application of Market Value concepts by

professional valuers will normally be the
foundation of an independent assessment of value
for financial reporting purposes.
However, ultimately the determination of Fair
Value is the responsibility of the reporting entity.

3.5

Other Considerations
The degree of specialisation will determine the
valuation methodology adopted.

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Some assets may possess elements that fall into

more than one category, for example multipurpose or mixed use properties. Each element
of the asset should be valued on the designated
basis reflecting the degree of specialisation or nonspecialisation.
A Value in Use determination is entirely the
prerogative of the entity.
Where the Fair Value of specialised assets is
calculated by the depreciated replacement cost
approach and advised to the entity for inclusion
in financial statements, the valuation will be
subject to the impairment test. Both Fair Value
and Fair Value less costs to sell are said to be asset
specific whilst Value in Use is entity specific. In
current Australian financial reporting practice,
carrying amounts reported at Fair Value are tested
for impairment by the Fair Value of the cash
generating operation.
The depreciated replacement cost of specialised
assets and their Value in Use are different
approaches to value, which may not yield
consistent figures. Valuers should be aware that
depreciated replacement cost determinations
will include items of functional and economic
obsolescence as well as physical depreciation.
These items are asset specific and will take
into account current market conditions for the
particular assets at the date of valuation.

consistency with the prior period. The auditor will

consider these matters and the valuation itself in
the light of the auditors overall knowledge of the
entity s business.
The appropriateness and reasonableness of
assumptions and methods used and their
application are the responsibility of the valuer.
The audit needs to determine that they are not
unreasonable, based on the auditors knowledge of
the entity s business.
Internal valuers will normally be under instruction
to comply with any request from an auditor.
While independent valuers may not be under a
statutory or contractual obligation to comply with
any reasonable request from an auditor, it is in the
interests of the entity, its ownership group and
the valuer that the valuer should comply as failure
to do so may mean that the auditor will not be
able to express an unqualified opinion. In such
circumstances the approval of the client should be
obtained.
The valuer, whether internal or independent,
should co-operate reasonably and responsibly if
approached by the auditor.
It is of particular importance that any special
assumptions and/or limiting conditions be clearly
and unequivocally disclosed by the valuer.

4.0 Other Issues

4.1

Liaison with Auditors

Auditors may request a valuer to provide
information or explanations related to the
valuations and may also seek assurance that
valuers have experience in the location and
category of the assets being valued.
Auditors may also communicate with valuers to:
o

specify items the auditor expects the valuation

report to cover

clarify the valuers relationship with the client;

and

clarify the assumptions and methods to be

used by the valuer.

Auditors require assurance that the valuers work

constitutes appropriate audit evidence. Issues
which are of particular relevance to auditors
are the sources of data used, assumptions and
methods used and their appropriateness and

9.1.8

AN Z VA LUAT I ON A ND P ROPE R T Y STAN DARDS

9. 2

A US TR A L I A N VA L UATI ON G UI D A N C E N OTE 2

A V G N 2 VA L U AT I O N S F O R
INS UR A NCE P UR P O S E S
Replaced By ANZVGN 13
located 8.13.1

AV GN 2 VALU ATI ON S F OR INSU RANC E PU RPOSE S

9.2.1

A P I R UL E S OF C ON D UC T

THI S PA G E I S I N TE N TI ON A L LY L E F T B L A N K

9.2.2

AN Z VA LUAT I ON A ND P ROPE R T Y STAN DARDS

10. 1

N Z VA L UATI ON G UI D A N C E N OTE 1

N Z V G N 1 VA L U AT I O N S F O R U S E
IN NEW ZEA L A N D FINA NCIA L
REPORTS
its predecessor body, the International
Accounting Standards Committee (IASC)
but in most cases revised by the IASB) and
the interpretations of these standards (SICs)
issued by the IASC s Standing Interpretations
Committee;

This Guidance Note should be read in conjunction with

IVA 1: Valuation for Financial Reporting.

1.0 Introd uction

1.1

Purpose
The purpose of this Guidance Note is to provide
information, commentary, opinion, advice and
recommendations to Members producing asset
valuations for financial reporting purposes in New
Zealand and to assist users of financial reports to
understand the basis upon which asset valuations
for financial reporting purposes are undertaken.

1.2

2.

NZ IFRS contain all the provisions of the

corresponding IFRS, and may include additional
disclosure requirements that apply to all entities,
and also additional disclosure, recognition or
measurement requirements that apply only to
public benefit entities.

Status of Guidance Notes Guidance

notes are intended to embody recognised
refore may
(although this should not be assumed) provide
some professional support if properly applied.
While they are not mandatory, it is likely that they
will serve as a comparative measure of the level
of performance of a Member. They are an integral
r

Profit oriented entities that comply with NZ IFRS

simultaneously comply with IFRS. However, public
benefit entities that comply with the additional
recognition or measurement requirements in NZ
IFRS will not simultaneously comply with IFRS. In
this context, public benefit entities are reporting
entities whose primary objective is to provide
goods or services for community or social benefit
and where any equity has been provided with a
view to supporting that primary objective rather
than for a financial return.

It should be noted that Financial Reporting

Standards are mandatory. Accordingly, in effect,
IVA 1 and this Guidance Note are mandatory.

1.3

New Financial Reporting Standards

New Zealand reporting entities will be required to
apply New Zealand Equivalents of International
Financial Reporting Standards (NZ IFRS) in the
preparation of their external financial reports for
periods commencing on or after 1 January 2007.
Entities have had the option to adopt NZ IFRS early
from 1 January 2005 but those electing to do so
must make a complete shift to NZ IFRS, that is,
they must adopt all of the standards.

1.4

refers to the standards and

Framework issued by the International Accounting
Standards Board (IASB). The standards comprise:
1.

International Financial Reporting Standards

(the new standards developed and issued
by the IASB), and the interpretations of
these standards (IFRICs) issued by the
IASB s International Financial Reporting
Interpretations Committee.

International Accounting Standards (IASs)

(the standards inherited by the IASB from

VALU ATI ONS F OR USE IN NE W ZEAL AND F INAN CIA L REPOR TS

New NZ IFRS Re: Property Valuations

Under NZ IFRS, property assets will normally fall
into one of the following categories:
o

Investment property --- to be valued and

accounted for in accordance with NZ IAS 40
Investment Property

Non-current Assets Held for Sale - to be

valued and accounted for in accordance with
NZ IFRS 5 Non-current Assets Held for Sale
and Discontinued Operations

10.1 .1

N Z VA L UATI ON G UI D A N C E N OTE 1

ensure that the carrying amount does not

differ materially from that which would be
determined using fair value at the balance
sheet date. (NZ IAS 16, paragraph 31)

Property, plant and equipment - to be valued

and accounted for in accordance with NZ IAS
16 Property, Plant and Equipment.

At the end of this Guidance Note is a summary of

changes that have been made in adapting IFRS to
NZ IFRS in respect of property assets.
NZ IAS 40 replaces SSAP-17 and NZ IFRS 5 and NZ
IAS 16 replace FRS-3. Set out on the chart below
is a summary of property asset classifications and
the corresponding NZ IFRS:

Under NZ IAS 16, the requirement for recent

experience in the location and category of the
asset being valued has been added in terms of
the independent valuer. (NZ IAS 16, paragraph
NZ 35.2)

Under NZ IAS 16, specific disclosures as to

the valuers, both internal and independent
external, where inhouse valuations have
been completed have been added (NZ IAS,
paragraph 77.2).

Under NZ IAS 40, the property is revalued

to its fair value, and there is no longer a
requirement to assess (and deduct) estimated
disposal costs.

Under NZ IAS 40, a revaluation is now able to

be conducted internally, where the entity has
in its employ a person sufficiently experienced
to conduct a valuation, so long as the basis
of valuation has been subject to review by an
independent valuer (NZ IAS 40, paragraph NZ
33.1)

Under NZ IAS 40, the requirement for recent

experience in the location and category of the
asset being valued has been added in terms of
the independent valuer. (NZ IAS 40, paragraph
NZ 33.2)

Property Assets of Entity

Assets
held
for
sale

Property
held to
earn
Rentals
or for
Capital

NZ IFRS 5

Property
being
Developed
for future
use as an
Investment
Property

NZ IAS 40

Assets being
Developed
for use in the
production
or supply

Assets being
used in the
production
or supply of
goods

NZ IAS 16

As noted above, New Zealand reporting entities

will be required to apply NZ IFRS for periods
commencing on or after 1 January 2007. Up
until then, the adoption of NZ IFRS is optional,
but those entities electing to do so must make a
complete shift to NZ IFRS, that is, they must adopt
all of the NZ IFRS standards. Accordingly, up until
2007, valuations may be required to be completed
in accordance with SSAP-17 or FRS-3, or their
replacements --- NZ IAS 40, NZ IFRS 5 and NZ IAS
16.
Members are referred to NZ IAS 40, NZ IFRS 5
and NZ IAS 16 for full details of the valuation
requirements under each standard. There are
no material changes to the way assets are to be
valued (where revaluations are required) under the
new NZ IFRS however, the following changes are
highlighted:
o

10.1.2

Under NZ IAS 16, the valuation guidance has

been reduced in general terms, except as it
relates to Public Benefit Entities where much
of the content from FRS-3 has been repeated.
Under NZ IAS 16, the requirement to revalue
every five years as a minimum, has been
deleted. Revaluations are however to be
undertaken with sufficient regularity to

With the exception of the summary of changes

that have been made in adapting IFRS to NZ IFRS
in respect of property assets, the balance of this
Guidance Note remains unchanged from that
which became effective 15 February 2002 (with
specific references to SSAP-17 and FRS-3 only).
This Guidance Note will however be completely
revised once NZ IFRS are required to be fully
adopted by New Zealand reporting entities.

1.5

Scope of this Guidance Note

This Guidance Note applies to Members valuing
assets for financial reporting purposes in New
Zealand.
Compliance with this Guidance Note will ensure
asset valuations are consistent and in accordance
with the Institute of Chartered Accountants of
New Zealand Financial Reporting Standard 3 Accounting for Property, Plant and Equipment
rd Accounting
Practice 17 - Accounting for Investment Property
and Pr
-

AN Z VA LUAT I ON A ND P ROPE R T Y STAN DARDS

N Z VA L UATI ON G UI D A N C E N OTE 1

Where members are required to undertake

revaluations in accordance with NZ IFRS, they
should note in particular the preceding two
sections.
FRS-3 provides extensive guidance on the principles
relevant to the r
roperty, Plant and
reporting purposes.
A significant amount of guidance is provided on
the application of depreciated replacement cost
valuation methodology, and in particular, the
process of optimisation.
Members should obtain and become familiar with
the valuation requirements of both FRS-3 and
SSAP-17.
This Guidance Note is to be read in the context of
the background material and implementation
guidance contained in the International Valuation
Standard 1- Market Value Basis of Valuation, and
International Valuation Standard 2 - Valuation
Bases Other Than Market Value. Where there is a
conflict between this Guidance Note and -IVS 1 or
2, then the provisions of this Guidance Note shall
prevail.
This Guidance Note applies to revaluations of
assets undertaken for financial reporting purposes
under the provisions of the New Zealand financial
reporting standards FRS-3 and SSAP-17.
FRS-3 recognises asset revaluations as an
alternative to historical cost, whereas SSAP-17, in
respect of investment property, requires annual
revaluations.
This Guidance Note does not apply where a
valuation is undertaken for purposes other than for
financial reporting e.g. pursuing a transaction, loan
application etc.
This Guidance Note applies to asset revaluations
undertaken for financial reporting purposes.
This Guidance Note addresses general concepts
and principles to be complied with by Members
when preparing asset valuations for financial
reporting purposes.
If a valuation for financial reporting purposes
under FRS-3 is carried out by a member other
than a member of the PINZ, then the valuation
is to be carried out in accordance with standards
and guidance comparable to the valuation
pronouncements issued, or officially endorsed,
by the New Zealand Property Institute (FRS-3,
paragraph 7.8).

1.6

Financial Statements
Financial statements must report the assets,
liabilities, equity, revenues, expenses (the
elements of financial statements) and cash flows
of the entity.

2.0 Relationship to Financial

Reporting Standard s
The New Zealand financial reporting standards FRS-3 and
SSAP-17 provide primary guidance on the basis upon
which assets are to be revalued for financial reporting
purposes.
Both FRS-3 and SSAP-17 require valuations to be prepared
in accordance with the API/PINZ Valuation Standards (or
in the case of FRS-3, standards and guidance comparable
to the valuation pronouncements issued, or officially
endorsed, by the PINZ - see FRS-3 paragraph 7.8 and
SSAP-17 paragraph 4.13).
FRS-3 s requirement for Fair (or Market) Value has brought
about a fundamental change from the previous PINZ
Valuation Standard 3, which requir
Value for
valuation assumption that the asset
would continue to be used in its existing use).

3.0 Mate riality

Most Accounting Standards are subject to the concept of
materiality, which is defined to mean in relation to
information, that information which if omitted, misstated
or not disclosed has the potential to adversely affect
decisions about the allocation of scarce resources made
by users of the financial report or the discharge of
accountability by the management or governing body of
the entity .
The concept of Fair Value has been embraced and
encapsulated in accounting and financial reporting
standards in Australia and New Zealand.

4.0 Definitions
4.1

FRS-3 Definitions
r
re interest and other costs
incurred by an entity in connection with the
borrowing of funds (FRS-3, paragraph 4.1).
Borrowing costs include:
(a) interest on bank overdrafts, short and long
term borrowings;
(b) amortisation of discounts and premiums
relating to borrowings;

VALU ATI ONS F OR USE IN NE W ZEAL AND F INAN CIA L REPOR TS

10.1 .3

N Z VA L UATI ON G UI D A N C E N OTE 1

(c)

amortisation of ancillary costs incurred

in connection with the arrangement of
borrowings;

optimisation minimises, rather than maximises, a

resulting valuation where alternative lower cost
replacement options are available. In determining
depreciated replacement cost, optimisation is
applied for obsolescence and relevant surplus
capacity (FRS-3, paragraph 4.13).

(d) the cost of hedging contracts entered into,

including the forward point differential at
inception of the hedging arrangement (FRS-3,
paragraph 4.2).

roperty
that:

Borrowing costs do not include exchange

differences arising on foreign currency borrowings
except as provided in (d) above (FRS-3, paragraph
4.3).
or liability is included in the statement of financial
position (FRS-3, paragraph 4.5).

a)

are held by an entity for use in the production

or supply of goods and services, for rental to
others or for administrative purpose, and may
include items held for the maintenance or
repair of such assets; and

b)

have been acquired or constructed with the

intention of being used on a continuing basis
(FRS-3, paragraph 4.35).

r
d of
valuation that is based on an estimate of:

reater of:

(a) in the case of property:

(i)

the Fair Value of land; plus

(ii)
the current gross replacement
costs of improvements less allowances for
physical deterioration, and optimisation for
obsolescence and relevant surplus capacity;
(b)

in the case of plant and equipment, the

current gross replacement cost less allowances
for physical deterioration, and optimisation
for obsolescence and relevant surplus capacity
(FRS-3, paragraph 4.10).

r
the measure of the consumption
of the economic benefits embodied in an asset
whether arising from use, the passing of time or
obsolescence (FRS-3, paragraph 4.22).
V
could be exchanged, or a liability settled, between
knowledgeable, willing parties in an arm s length
transaction (FRS-3, paragraph 4.23).
V

V
rent Market V

V
-3, paragraph

4.24).
V
Value at a particular
date less the costs of disposal that could
reasonably be anticipated at that date (FRS-3,
paragraph 4.33).
refers to the process by which a
least cost replacement option is determined for
the remaining service potential of an asset. This
process recognises that an asset may be technically
obsolescent or over-engineered, or the asset may
have a greater capacity than that required. Hence

10.1 .4

re tangible assets

a)

net market value; and

b)

value-in-use (FRS-3, paragraph 4.40)

Value-inresent value of the net future

cash flows obtainable from an asset s continuing
use and ultimate disposal (FRS-3, paragraph 4.54).

4.2

SSAP-17 Definitions
r
-17, an
interest in land or buildings in which the reporting
entity, or any of the members of a group, singly
or in combination, does not occupy or intend to
occupy more than 20 percent of the area of the
land or buildings (SSAP-17, paragraph 3.1).
r
property or property intended for sale, depending
on the intention of the reporting entity, which
is both being developed and is identifiable as a
separate project (SSAP-17, paragraph 3.4).
roperty
is the difference between (i) expected net current
value on completion and expected cost in the case
of investment property, or (ii) net sale price and
expected cost in the case of property intended for
sale (SSAP-17, paragraph 3.5).
r
roperty held, or
development property intended to be held,
primarily for capital growth or rental or similar
income (SSAP-17, paragraph 3.2).
rent V
costs of disposal that could reasonably be
anticipated. Open market value is the price for
which a property might reasonably be expected to

AN Z VA LUAT I ON A ND P ROPE R T Y STAN DARDS

N Z VA L UATI ON G UI D A N C E N OTE 1

The Valuer may be required to exercise professional

judgement to determine the most appropriate
classification. The following property will generally
be accounted for in accordance with FRS-3:

be sold at the operative date (SSAP-17, paragraph

3.6). Thus, net current value is Fair Value net of
disposal costs and therefore is the same as net
market value as defined in FRS-3, paragraph 4.33.
V

rent

value.
r
roperty, other
than investment property, held with the intention
of realisation in the ordinary course of business
(SSAP-17, paragraph 3.3).

4.3

robable
use of a property which is physically possible,
appropriately justified, legally permissible,
financially feasible, and which results in the highest
value of the property being valued -(IVS General
Valuation Concepts and Principles)

b)

property held for short-term rental where the

entity is actively managing that property;

c)

property whose rental is directly linked to

the risks and rewards of the business being
operated from that property.

Diagram 1 provides additional guidance on the

classification of property assets between FRS-3
and SSAP-17 for financial reporting and valuation
purposes.

V
which a property should exchange on the date of
valuation between a willing buyer and a willing
seller in an arms length transaction after proper
marketing wherein the parties had each acted
knowledgeably, prudently, and without compulsion
- -(IVS General Valuation Concepts and Principles)

Where the Valuer is required to exercise

professional judgement to determine the most
appropriate classification, the determination and
its basis must be fully disclosed in the valuation
report by the Valuer.

rease
in the usefulness of property caused by decay,
changes in technology, people s behavioural
patterns and tastes, or environmental changes (IVS
-2003, Glossary of Terms).

Care should be taken to confirm the entity for

whom the valuation is being prepared, particularly
in the case of a group, as to whether the valuation
is for the financial statements of a specific entity
within the group or the group as a whole. The
classification of the asset could be different under
each which would mean a different valuation
basis.

5.2

5.0 Revaluation of Non-current

Assets
5.1

owner-occupied property;

Other property, including property held for rental

and capital growth, is to be accounted for in
accordance with SSAP-17. Thus owner-operated
hotels are normally accounted for in accordance
with FRS-3, whereas shopping centres and office
blocks are normally accounted for in accordance
with SSAP-17 (adapted from FRS-3, paragraph
4.36).

IVSC Definitions

re economic benefits
embodied in the asset in terms of its potential to
contribute, directly or indirectly, to the flow of
cash and cash equivalents to the entity. Service
potential is measured as the level of productive
capacity that would have to be replaced if the
entity were deprived of the asset (IVS -2003,
Glossary of Terms).

a)

Asset Classification under Financial

Reporting Standards
In the ordinary course of an engagement, a Valuer
will be provided with guidance from the entity
from whom valuation instructions are received as
to the classification of an asset between FRS-3
and SSAP-17 for financial reporting and valuation
purposes.

VALU ATI ONS F OR USE IN NE W ZEAL AND F INAN CIA L REPOR TS

Basis of Valuation
V
Market V
FRS-3 and SSAP-17 ar
V

rent V
reporting standards

Portfolios of investment properties or property,

plant and equipment are usually valued on the
basis of summing the individual asset values. The
market value of such assets viewed or treated as
a portfolio or as an assembled group of properties
could exceed, or could be less than, the sum of the
V
y. Where
this is the case, the fact that this difference exists
should be reported separately to the entity from
whom valuation instructions are received.

10.1 .5

N Z VA L UATI ON G UI D A N C E N OTE 1

5.3

FRS-3

Tenure of assets;

roperty
Value. Where an item of property, plant and
equipment is able to be reliably determined using
market based evidence, market value represents
Fair Value.

Assumed lease details for owner-occupied

property, where applicable;

Identification of the assets and their locations

including the date and extent of inspections;

Values for each asset (and apportionments as

appropriate);

The assumptions underlying construction

costs, construction period and borrowing
costs, where appropriate;

How any restoration, dismantling or removal

obligations associated with an asset has been
treated, where applicable;

The names, qualifications and contributions

of outside professional persons who have
provided assistance, where used;

Where the Fair Value of a property, plant and

equipment asset is not able to be reliably
determined using market-based evidence for the
same or a similar asset, depreciated replacement
cost is to be used to estimate Fair Value.
Disposal costs are not to be deducted from the
assessed Fair Value of a property, plant and
equipment asset for financial reporting purposes
under the provisions of FRS-3, unless an asset has
been withdrawn from use and there is an intention
to dispose of the asset.

5.4

5.5

SSAP-17

r
re valued for financial
reporting at net current value (market value less
the costs of disposal). The valuer should report
both market value and disposal costs.

Any key and/or special assumptions and/or

limiting conditions;

Sufficient detail to support the valuation

conclusion as required in the API/PINZ
Standards and Guidance Notes; and

Apportionments of Value/
Componentisation

Such other matters that are pertinent to the

valuation.

For the purposes of FRS-3, valuers are to separately

identify property asset values between land and
buildings.

5.7

At the client s request, and subject to appropriate

consent, valuers shall respond to the entity s
auditor to discuss and explain the valuations
openly. The client has the primary responsibility for
the form and content of the financial statements.
The auditor has the responsibility for forming and
expressing an independent opinion on whether the
financial statements, prepared by the client fairly
present the financial position and performance
of the entity, and comply with relevant financial
reporting standards.

FRS-3 requires asset components that have

different useful lives or which provide a different
pattern of economic benefits to an entity to
be recorded separately for financial reporting
purposes. The valuer will be required to undertake
further valuation apportionments of property, plant
and equipment assets where requested by the
instructing entity.

5.6

Disclosures
The valuer s written report should disclose the
following information:
o

The nature of instructions and purpose of the

valuation;

The date of valuation;

The financial reporting standard governing

the accounting treatment of the asset and
whether the classification has been made by
the instructing entity or the valuer;

10.1 .6

The basis of the valuation, including type and

definition of value;

Liaison with Auditors

6.0 Discussion
6.1

FRS-3: Property, Plant and Equipment

When an entity chooses to revalue property, plant
and equipment, FRS-3 requires that it be revalued
to Fair Value. As mentioned -pr
V
The Fair Value of an asset is determined by
reference to its highest and best use, that is, the
most probable use of the asset that is physically
possible, appropriately justified, legally permissible,

AN Z VA LUAT I ON A ND P ROPE R T Y STAN DARDS

N Z VA L UATI ON G UI D A N C E N OTE 1

financially feasible, and which results in the highest

value (FRS-3, paragraph 4.25).
Where the Fair Value of an asset is able to be
determined by reference to the price in an active
market for the same asset or a similar asset, the
Fair Value of the asset is determined using this
information. Where the Fair Value of an asset
is not able to be determined in this manner, the Fair
Value of the asset is determined using other
market-based evidence, such as by a discounted
cash flow calculation using market estimates of the
cash flows able to be generated by the asset and
a market-based discount rate. Where Fair Value of
the asset is not able to be reliably determined
using market-based evidence, depreciated
replacement cost is considered to be the most
appropriate basis for determination of Fair Value.
This situation will usually only arise where an asset
is specialised or the only transaction price evidence
arises in a monopoly context (FRS-3, paragraph
4.26)
For property assets, market-based evidence may
exist concerning either the land component or the
property in aggregate. Depreciated replacement
cost is used as an estimate of the Fair Value of
property only where the Fair Value of the property
in aggregate (that is, for land and improvements)
cannot be reliably determined using market-based
evidence (FRS-3, paragraph 4.11).
In the case of property, depreciated replacement
cost methodology is based on the Fair Value of
the land plus the current gross replacement cost
of improvements less allowances for physical
deterioration, and optimisation for obsolescence
and relevant surplus capacity. Optimisation is
not applied in determining the value of the land
component of depreciated replacement cost. As
discussed elsewhere, the value of the land in
almost all cases will reflect the market value of the
land.
The replacement cost of an item of property, plant
and equipment comprises its purchase/construction
price plus any other costs directly attributable to
bringing the item to working condition for its
intended use. Replacement cost includes, for
example, the costs of obtaining resource consents,
construction costs, architectural and engineering
fees, freight, and charges for installation,
commissioning and testing (adapted from FRS-3,
paragraph 5.6).
FRS-3 requires capitalisation of borrowing costs
that are directly attributable to the acquisition

VALU ATI ONS F OR USE IN NE W ZEAL AND F INAN CIA L REPOR TS

or construction of an item of property, plant

and equipment. However, entities may defer
implementation of this requirement until
reporting periods ending on or after 31 March
2004. Where an entity does capitalise borrowing
costs, depreciated replacement cost must include
allowance for borrowing costs. The estimate of
borrowing costs for this purpose, should be based
on the average debt to equity ratio and average
cost of debt applicable to entities within the same
industry as the entity reporting and should reflect
only the costs of debt.
Where borrowing costs are included in
depreciated replacement cost, the valuer shall
provide a detailed statement of the borrowing
cost, construction cost and construction period
assumptions adopted in deriving the valuation
conclusion.
In the case of plant and equipment, depreciated
replacement cost methodology is based on the
current gross replacement cost less allowances
for physical deterioration, and optimisation for
obsolescence and relevant surplus capacity.
Obsolescence may arise from factors such as
outmoded design and functionality of an asset
and changed code requirements preventing
reconstruction of an asset in its current form.
In determining depreciated replacement cost,
optimisation for obsolescence is made by reducing
the reproduction cost of the specific asset held to
the cost of a modern equivalent asset that provides
equivalent service potential to that of the specific
asset held (FRS-3, paragraph 4.14).
Surplus capacity may arise from either overdesign or from surplus components of an asset.
In determining depreciated replacement cost,
optimisation is applied only to surplus capacity
that is not required currently and for which there
is no reasonable prospect it will ever be required
in utilising an asset in its current form (FRS-3,
paragraph 4.15).
In determining depreciated replacement cost, the
extent of any reduction in value for surplus
capacity subject to optimisation depends on
whether that surplus capacity has an alternative
use to the current use of the asset. Where there
is no alternative use, the optimised value of
the surplus capacity is zero. Where there is an
alternative use, the optimised value of the surplus
capacity is the value of the highest and best
alternative use of that surplus capacity (FRS-3,
paragraph 4.16).

10.1 .7

N Z VA L UATI ON G UI D A N C E N OTE 1

To illustrate the distinction described earlier

between surplus capacity not having an alternative
use to the current use of the asset and that which
does, consider the following example. Assume
depreciated replacement cost is to be determined
for a network of water pipes where the pipe
diameter is greater than that required or ever
expected to be required (including that necessary
for stand-by or for safety purposes). There is also
a discrete segment of the piping network that is
similarly not required for the current use of the
asset but which can be closed off and used for
other purposes, such as a liquid storage facility.
In this case, the surplus diameter of the piping
would be disregarded for valuation purposes but
the surplus segment of the piping network would
be valued at its highest and best alternative use
(FRS-3, paragraph 4.17).
In most cases, surplus capacity subject to
optimisation is expected to be disregarded in
determining the depreciated replacement cost
of an asset. Such surplus capacity is unlikely to
have an alternative use unless it is physically and
operationally separable from the required capacity
(FRS-3 paragraph 4.18).
In determining depreciated replacement cost,
optimisation for obsolescence and relevant
surplus capacity is applied only to the extent that
it reflects the most probable use of the asset
that is physically possible, appropriately justified,
legally permissible and financially feasible (FRS-3
paragraph 4.19).
Optimisation is applied only to the depreciated
replacement cost of plant, and equipment and
in determining an estimate of the value of
improvements component of the depreciated
replacement cost of property (adapted from FRS-3,
paragraph 4.20)
Optimisation is not applied in determining the
value of the land component of the depreciated
replacement cost of property. The value of the
land component will always reflect the market
value of the actual land held, in terms of both its
size and location, even if such factors are underutilised (adapted from FRS-3, paragraph 4.20).
The Fair Value of land would normally be
determined from market based evidence.
However, in the rare instances where extensive
works have been carried out in order to prepare
land for use in the entity s business, available
market evidence will normally relate to land of
the same size and in the same general vicinity
but which is priced for uses that are sub-optimal

10.1 .8

relative to the use for which the works were

carried out. In these rare instances the Fair Value
of the land should be determined by having
regard to the replacement cost of the land. For
example, consider the case where an airport or
port company acquires a section of seabed, fills
it in and builds a seawall in order to produce flat
land for use in the entity s business. The reclaimed
land is in the precise location where the entity
requires land. Market evidence may exist for other
land of the same size and in the same general
vicinity as the reclaimed land, but that other land
is not suitable for the use intended by the entity.
Thus, the market evidence on the Fair Value of
that other land is not relevant to the reclaimed
land, and the best indicator of the Fair Value of the
reclaimed land would be the replacement cost of
that land. Land resulting from extensive works by
a local or central government body in constructing
new roading provides a similar example. (FRS-3,
paragraph 4.26A).

6.2

SSAP-17: Investment Properties

Investment properties by their nature are able to
be valued using market based evidence.
Applicable disposal costs (agency, legal etc.) are
also able to be determined from the market.
Development properties intended to be held as
investment properties which meet certain specified
criteria are recognised in financial statements at
cost plus accumulated development margins to
date, determined on a percentage of completion
basis. The development margin is the difference
between expected net current value on completion
and expected cost. Development properties
intended to be held as investment properties
which do not meet the specified criteria are carried
at the lower of cost and net realisable value (see
SSAP-17, paragraph 5.5).
The specified criteria referred to above are:
In the case of a development property intended
to be held by the reporting entity, the following
conditions should be met in order to provide the
required degree of reliability for recognition of a
development margin in the financial statements:
i)

the property should unconditionally be prelet to at least 80 percent of the anticipated

annual rental revenue to be received from
entities external to the reporting group; and

ii)

all costs incurred and expected to be incurred

by the entity can be reliably be estimated
(SSAP-17, paragraph 4.14)

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6.3

If a property, previously accounted for as an

investment property, is now intended to be sold, it
should be reclassified accordingly but continue to
be recorded at the carrying amount at the date of
change of intention except where carrying amount
is greater than net realisable value, in which case,
it should be written down to net realisable value
(see SSAP-17, paragraph 5.8).

components which are clearly separately

identifiable. In any event, valuers should liase and
discuss the required level of componentisation with
the instructing entity.

Apportionment of Value/
Componentisation

The reason for this is that the top down

approach will more accurately reflect the market
replacement cost/value since aggregating the
replacement costs/values of individual parts from a
roach will usually produce a higher
overall figure.

Valuers will frequently be required to undertake

an apportionment of reported property values,
allocating value separately to the land element
(non-depreciable) and the buildings (depreciable).
Valuers should, as far as it is possible, continue to
apply market concepts. While it is acknowledged
that buildings cannot be separated from the land
that they occupy, valuers should recognise that the
purpose of carrying out the apportionment is to
establish a basis for measuring the consumption
in the financial statements. Typically, the land
value should be established and deducted from
the total value to arrive at the depreciable amount
for the buildings (adapted from IVS -2003, IVA 1 -,
paragraphs 5.4 and 6.2.5).
FRS-3 requires asset components that have
different useful lives or which provide a different
pattern of economic benefits to an entity to
be recorded separately for financial reporting
purposes. This requirement will necessitate
the valuer to undertake further valuation
apportionments where instructed by the reporting
entity. For example, the value apportioned to
buildings may need to be further split into the
structure, building services and fitout (and in
some cases, further sub-components within these
components).

For the purposes of componentisation, the costs

attributed to the components should be based on
an apportionment of the overall replacement costs

Valuers may be further requested to advise on

appropriate useful lives over which asset
components should be depreciated for accounting
purposes.
In some circumstances where apportionment of
values is appropriate this will require the valuer to
seek the professional assistance of specialist valuers
(e.g. plant & equipment valuers) or other experts
such as engineers or quantity surveyors, where the
valuer does not have the necessary expertise.

6.4 Revaluation Frequency

Paragraph 5.21 of FRS-3 states:

Judgement will be required to decide which
components of complex items of property, plant
and equipment are accounted for separately.
Components will not need to be accounted for
separately if materially the same total depreciation
expense, carrying amounts and revaluation
movements will otherwise result. For entities
with asset management plans, it is expected that
items of property, plant and equipment will be
accounted for at a higher aggregation level (i.e. at
a lesser level of detail) than that recorded in the
asset management plans.
The implication of the above is that component
apportionments should be limited to major

VALU ATI ONS F OR USE IN NE W ZEAL AND F INAN CIA L REPOR TS

Where an entity chooses to revalue its assets under

the provisions of FRS-3, revaluations are to be
undertaken on a systematic basis:
(i)

with sufficient regularity to ensure that no

individual item of property, plant and
equipment is recorded for financial reporting
purposes at a valuation that is materially
different from its Fair Value; and

(ii) at a minimum, every five years (FRS-3,

paragraph 7.1 (b)).
While the annual revaluation of items of property,
plant and equipment is not required by FRS-3,
the adoption of a system involving annual
revaluation, especially for land and buildings
assets, is encouraged in order to provide more
relevant information to users of an entity s financial
report (FRS-3, paragraph 7.2). FRS-3 states that
the principle for determination of the frequency
of revaluations as being that revaluations must
be carried out with sufficient regularity to ensure
that the carrying amount of a revalued asset
is not materially different from its Fair Value.
Accordingly, under changing market conditions,
revaluations may be required to take place
more frequently. Examples of changing market
conditions include:

10.1 .9

N Z VA L UATI ON G UI D A N C E N OTE 1

Introduction of new technology;

Demand changes resulting from, for example,

centralisation or decentralisation;

Movements in inflation and borrowing costs;

Government policy and legislation.

any indication that the item may be impaired (see

FRS-3, paragraph 9.3). Paragraph 9.4 of FRS-3 sets
out the indications of possible impairment which
must, as a minimum, be considered.
Where an item s future economic benefits are
directly related to its ability to generate future
cashflows, and there is indication that the carrying
amount of the item exceeds the item s recoverable
amount, the entity must estimate the item s
recoverable amount (FRS-3, paragraph 9.3). If
the recoverable amount is less than the carrying
amount, the item must be written down to
recoverable amount.

Property assets classified as investment properties

under the provisions of SSAP-17 are to be revalued
annually.

6.5

Owner-Occupied Properties
Where the primary approach to valuation of
owner-occupied properties for financial reporting
purposes is capitalisation or discounting of future
rental income, the valuer shall assume that a
notional lease is in place on market terms and
conditions reflecting the current use.

Where the future economic benefits of an item

are not directly related to its ability to generate
net cash in flows, the carrying amount of the item
must not exceed net market value. However,
where net market value cannot be determined
because such items rarely, if ever, are sold in
the open market except as part of the sale of a
business in occupation, then the carrying amount
must not exceed depreciated replacement cost.

The valuer s report shall set out the basic terms

of the assumed lease including the notional lease
term, market rental, responsibility for outgoings,
the basis and frequency of rental reviews and any
other terms and conditions applicable to a typical
lease of like nature in the market at the date of the
valuation.

It follows - that valuers may be requested to assist

entities to estimate an item s recoverable amount.
Valuers requested to assist entities in this way
should have regard to the relevant requirements
and guidance in FRS-3 and elsewhere in this
Guidance Note.

The capitalisation or discount rate utilised in the

valuation shall reflect the notional lease terms and
conditions.
Informal and unenforceable lease or occupancy
arrangements between related entities or
subsidiaries should not be taken into account or
used as the basis of a valuation. The asset which is
the subject of that agreement should be treated as
owner-occupied.
The presence of a formal lease or occupancy
agreement between related entities or subsidiaries
which is legally enforceable consequently changes
the interest in the properties being valued. Such
properties should therefore be classified as
investment properties. The reporting entity should
declare these arrangements in the valuation
instructions. In the context of a group, the
classification of the properties is required to be
reconsidered - and valued in accordance with the
appropriate valuation basis applicable at the group
level.

6.6

Assistance with Impairment Reviews

Where an item of property, plant or equipment
is not revalued for financial reporting purposes,
a review by the reporting entity is required at
each reporting date to assess whether there is

1 0 . 1 . 10

6.7

Liabilities Associated with Assets

When an entity incurs an obligation to dismantle
or remove an item of plant or equipment or restore
a site, to the extent that a provision (liability) is
recognised under FRS-15: Provisions, Contingent
Liabilities and Contingent Assets, this is capitalised
by the reporting entity as part of the cost of
bringing the item of property, plant and equipment
to working condition for its intended use.
The accounting treatment described - above
applies in relation to both the initial recording of
an item of property, plant and equipment (see
paragraph 5.6 of FRS-3) and subsequent to initial
recording (see paragraph 6.5 of FRS-3.)
When undertaking valuations of property,
plant and equipment which have restoration,
dismantling or removal obligations associated
with them, the valuer must request guidance
from the entity from whom valuation instructions
are received about how such obligations are
to be dealt with in the valuation. In all such
circumstances, the valuation report is to disclose
how such obligations have been treated.

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6.8

methodology of valuation and the assumptions

underpinning the valuation are appropriate for a
valuation for financial reporting purposes as set
out in this Guidance Note. The valuer must review
the written report of the employee valuer and
ensure that all matters have been properly dealt
with. The valuer must be able to confirm that
nothing has come to their attention to suggest
that the valuation is not appropriate for financial
reporting purposes.

Appropriateness of Rating and Other

Valuations
Paragraph 7.10 of FRS-3 states that:
A valuation carried out for purposes other than
financial reporting, for example a rating valuation,
is not to be used as the basis for recording a
revaluation unless the basis of valuation has been
confirmed as appropriate, in accordance with
the requirements of this Guidance Note, by an
independent valuer.
A valuer requested to confirm the appropriateness
of a rating or other valuation for financial
reporting purposes must determine whether the
valuation meets the requirements of FRS-3 and this
Guidance Note. The valuer must comply with all
the requirements of this Guidance Note.
For plant and equipment, where there is an active
market or readily available price indices that
establish the item s Fair Value with reasonable
reliability, the valuation need not be conducted by
an independent valuer or experienced employee
(FRS-3, paragraph 7.1(d)).

6.10 Public Sector and Infrastructure Asset

Valuation
Public sector assets comprise a number of
different asset types, including conventional
properties as well as heritage and conservation
assets, infrastructure (e.g., public utility plants),
recreational assets, and public buildings.
The valuation of public sector assets is to be
undertaken following the same procedures and
approaches as adopted in the valuation of private
sector assets.

6.11 Disclosure Requirements

For the purposes of the above paragraph, a

valuation may be undertaken without the need for
an independent valuer or experienced employee
only where there is sufficient objective market
information available which enable two or more
non-experts to determine materially the same
Fair Values of the particular item of plant and
equipment. The above paragraph is not applicable
where depreciated replacement cost is the most
appropriate basis for determination of the Fair
Value of an item of property, plant and equipment
(FRS-3, paragraph 7.9).

6.9

The valuation report shall contain a clause

specifically prohibiting the publication of the report
in whole or in part, or any reference thereto, or to
the valuation figures contained therein, or to the
names and professional affiliations of the valuers,
without the written approval of the valuer as to
the form and context in which it is to appear.
The valuation report shall also contain an
affirmative statement that the valuation has
been prepared in accordance with these or other
recognised Standards, that the engagement
was performed independently and without bias
towards the client or others, and other disclosures
required elsewhere in this Guidance Note.

Independent Review of Employee

Valuations
FRS-3 permits valuations to be conducted by
employees who possess expert knowledge
and experience in the location and category of
property, plant and equipment being valued. The
basis, methodology and assumptions underpinning
valuations conducted by such experienced
employees of the reporting entity are to be
reviewed by an independent valuer to ensure the
appropriateness of the valuation approach. (See
paragraphs 7.1(c)(ii) and 7.7 of FRS-3.)

The valuer shall require as a condition of

the engagement that any special limitation,
assumption, or departure be disclosed in any
published document in which reference is made to
the valuer s opinion.

6.12 Effective Date

This Guidance Note was previously PINZ Valuation
Standard 3 and became effective on 15 February
2002 and has been updated on 15 February 2006.

When a valuer is requested to undertake an

independent review of a valuation undertaken
by an employee of the reporting entity, the
valuer must satisfy themselves that the basis and

VALU ATI ONS F OR USE IN NE W ZEAL AND F INAN CIA L REPOR TS

10.1 .
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N Z VA L UATI ON G UI D A N C E N OTE 1

AD D END UM

NZ IFRS 4: Insurance Contract s

IFRS to NZ IFRS --- Summary of Changes in Respect to

Property Assets.

All Entities

The numbering in this addendum is not sequential as

it corresponds to the applicable NZ IFRS reference.

Appendix C
(Life Insurance Entities):
10.3

Investment property that is within the scope of

NZ IAS 40 Investment Property and that backs
life insurance liabilities or life investment contract
liabilities, shall be measured at fair value under NZ
IAS 40.

10.4

Property, plant and equipment that is within the

scope of NZ IAS 16 Property, Plant and Equipment
and that backs life insurance liabilities or life
investment contract liabilities shall be measured
using the revaluation model under NZ IAS 16.

1.0 Introd uction

NZ IFRS refers to the New Zealand equivalent to (i) IFRS:
International Financial Reporting Standards issued by the
International Accounting Standards Board (IASB), (ii) IAS:
International Accounting Standards adopted by the IASB
and (iii) SIC: Interpretations issued by the International
Financial Reporting Interpretations Committee of the IASB.
NZ IFRS contain all the provisions of the corresponding
IFRS, (including IAS and SIC) and may include:
(i)

additional disclosure requirements that apply to all

entities, and

(ii) additional disclosure, recognition or measurement

requirements that apply only to public benefit entities.
Profit oriented entities that comply with NZ IFRS
simultaneously comply with IFRS. However, public
benefit entities complying with additional recognition
or measurement requirements in NZ IFRS will not
simultaneously comply with IFRS.
Public Benefit Entities are reporting entities whose primary
objective is to provide goods or services for community
or social benefit and where any equity has been provided
with a view to supporting that primary objective rather
than for a financial return.
In respect of property, plant and equipment assets, set out
below are the changes that have been made in adapting
IFRS to NZ IFRS. The changes listed should be read in the
context of the standards from which they are drawn, the
New Zealand Preface and the New Zealand Equivalent to
the IASB Framework for the Preparation and Presentation
of Financial Statements.

10.4.1 An insurer applies NZ IAS 16 to its property,

plant and equipment. Under NZ IAS 16 property
includes owner-occupied property and property
being constructed or developed for future use
as investment property. Under NZ IAS 16, the
cost model, for measurement subsequent to
initial recognition, is to carry property, plant and
equipment at cost. However, NZ IAS 16 has a
revaluation model: an entity, subsequent to initial
recognition, may carry its property, plant and
equipment assets at a revalued amount, being
its fair value at the date of the revaluation less
any subsequent accumulated depreciation and
subsequent accumulated impairment losses.
10.4.2 Those property, plant and equipment assets that
are within the scope of NZ IAS 16 and that the
insurer considers back life insurance liabilities or
life investment contract liabilities are measured
using the revaluation model under NZ IAS 16, that
is, they are measured at fair value with increases in
fair value credited directly to equity and decreases
recognised as an expense unless they reverse a
previous increase.

Appendix D

NZ IFRS 1: First-Tim e Adoption o f

New Zealand Equivalents to
Inter national Financial Reporting
Standard s

(Financial Reporting of Insurance Activities):

15.3

Investment property within the scope of NZ IAS 40

and that backs general insurance liabilities shall be
measured using the fair value model under NZ IAS
40.

All Entities :

15.4

Property, plant and equipment that is within the

scope of NZ IAS 16 Property, Plant and Equipment
and that backs general insurance liabilities, shall be
measured using the revaluation model under NZ
IAS 16.

Para 18(a) --- deleted, as NZ IAS 40 does not permit the

use of the cost model other than in the exceptional
circumstances outlined in paragraph 53 of NZ IAS 40.

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15.4.1 An insurer applies NZ IAS 16 to its property,

plant and equipment. Under NZ IAS 16 property
includes owner-occupied property and property
being constructed or developed for future use
as investment property. Under NZ IAS 16, the
cost model, for measurement subsequent to
initial recognition, is to carry property, plant and
equipment at cost. However, NZ IAS 16 also has
a revaluation model: an entity, subsequent to
initial recognition, may carry its property, plant
and equipment assets at a revalued amount, being
its fair value at the date of the revaluation less
any subsequent accumulated depreciation and
subsequent accumulated impairment losses.
15.4.2 Those property, plant and equipment assets that
are within the scope of NZ IAS 16 and that the
insurer considers back general insurance liabilities
are measured using the revaluation model under
NZ IAS 16.

NZ 9.3.

If the purpose for which the inventory is held

changes, then the inventory is valued using the
provisions of paragraph 9 (that is, inventory is
then measured at the lower of cost and net
realisable value).

NZ 10.1.

In respect of public benefit entities, where

inventories are acquired at no cost, or for
nominal consideration, the cost shall be the
current replacement cost as at the date of
acquisition.

NZ IAS 16: Property, Plant and

Equipm ent
All Entities
NZ 5.2.

Under NZ IAS 40, paragraph 53, an entity is

permitted to use the cost model for investment
properties only where the fair value of the
investment property is not reliably determinable
on a continuing basis. This arises when, and
only when, comparable market transactions are
infrequent and alternative reliable estimates of
fair value are not available.

NZ 35.1.

(a) ammunition;

Subject to paragraph NZ 35.3 valuations shall

be conducted either:

(b) strategic stockpiles (for example, energy

reserves);

(a) by an independent valuer; or

NZ IAS 2: Inventories
Public Benefit Entities
NZ 8.1.

Inventories held by public benefits entities may

include:

(b) where an entity employs a person

sufficiently experienced to conduct a
valuation, by that person, so long as the
valuation has been subject to review by an
independent valuer.

(c) stocks of unissued currency; and

(d) postal service supplies held for sale (for
example, stamps).
NZ 9.1.

NZ 9.2.

In respect of public benefit entities, inventories

held for distribution shall be measured at the
lower of cost and current replacement cost.
A public benefit entity may hold inventories
whose future economic benefits or service
potential are not directly related to their
ability to generate net cash inflows. These
types of inventories may arise when an entity
has determined to distribute certain goods
at no charge or for a nominal amount. In
these cases, the future economic benefits or
service potential of the inventory for financial
reporting purposes is reflected by the amount
of entity would need to pay to acquire the
economic benefits or service potential if this
was necessary to achieve the objectives of the
entity. Where the economic benefits or service
potential cannot be acquired in the market, an
estimate of replacement cost will need to be
made.

NZ 35.2.

The fair value of property, plant and equipment

is determined or reviewed by an independent
valuer who holds a recognised and relevant
professional qualification and who has recent
experience in the location and category of the
property, plant and equipment being valued.

NZ 35.3.

For plant and equipment, where there is an

active market or readily available price indices
that establish the item s fair value with
reasonable reliability, the valuation need not
be conducted or reviewed by an independent
valuer or experienced employee.

NZ 77.2.

An entity shall disclose in respect of each

valuation conducted in accordance with
paragraph NZ 35.1:

VALU ATI ONS F OR USE IN NE W ZEAL AND F INAN CIA L REPOR TS

(a) the name of each valuer;

(b) a statement in respect of each valuer as
to whether they are an employee of the

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13

N Z VA L UATI ON G UI D A N C E N OTE 1

entity or whether they are contracted as an

independent valuer;

(b) in the case of plant and equipment,

the current gross replacement cost less
allowances for physical deterioration, and
optimisation for obsolescence and relevant
surplus capacity.

(c) the total fair value of property, plant and

equipment valued by that valuer;
(d) where the valuation has been conducted
by an employee of the entity the name of
the independent valuer who reviewed the
valuation; and

NZ 33.2.

Fair value is defined in paragraph 6 of this

Standard (that is, the amount for which an
asset could be exchanged between
knowledgable willing parties in an arms length
transaction). Depreciated replacement cost
is an acceptable estimate of the fair value of
an asset only where the fair value of the asset
is not able to be reliably determined using
market-based evidence in accordance with
paragraph 32 of this Standard.

NZ 33.3.

In the context of this Standard and in relation to

public benefit entities, depreciated replacement
cost is based on the reproduction cost of a
specific asset. In principle, it reflects the service
potential embodied in the asset. However, in
some cases the reproduction cost of the specific
asset is adjusted for optimisation in determining
depreciated replacement cost.

NZ 33.4.

Optimisation refers to the process by which a

least-cost replacement option is determined
for the remaining service potential of an asset.
This process recognises that an asset may be
technically obsolescent or over-engineered, or
the asset may have greater capacity than that
required. Hence optimisation minimises, rather
than maximises, a resulting valuation where
alternative lower cost replacement options
are available. In determining depreciated
replacement cost, optimisation is applied for
obsolescence and relevant surplus capacity.

NZ 33.5.

Obsolescence may arise from factors such as

outmoded design and functionality of an asset
and changed code requirements preventing
reconstruction of an asset in its current form.
In determining depreciated replacement cost,
optimisation for obsolescence is made by
reducing the reproduction cost of the specific
asset held to the cost of a modern equivalent
asset that provides equivalent service potential
to that of the specific asset held.

NZ 33.6.

Surplus capacity may arise from either overdesign or from surplus components of an asset.
In determining depreciated replacement cost,
optimisation is applied only to surplus capacity
that is not required currently and for which
there is no reasonable prospect it will ever be
required in utilising an asset in its current form.

(e) the date(s) of such valuations.

NZ 77.3.

Where an entity has not used an independent

valuer because there is an active market or
readily available price indices that establish
the fair value an item of plant or equipment
with reasonable reliability in accordance with
paragraph NZ 35.3, an entity shall disclose this
fact.

Public Benefit Entities

NZ 15.1.

NZ 15.2.

NZ 33.1.

In respect of public benefit entities,

notwithstanding paragraph 15 (that is, an item
of property, plant and equipment that qualifies
for recognition as an asset shall be measured at
its cost), where an asset is acquired at no cost,
or for a nominal cost, the cost is its fair value
as at the date of acquisition. The fair value of
the asset received must be recognised in the
income statement.
In most instances when property, plant and
equipment is acquired, the cost of the item
provides a measure of its value to the entity at
the date of acquisition. When property, plant
and equipment is donated, or the acquisition
is subsidised, the cost of the item (if any) is not
a reliable indication of its value to the entity.
This standard therefore requires the fair value
of such items to be determined as a substitute
for the cost of purchase, and the amount of the
donation or subsidy received to be recognised
as revenue in the income statement.
In the context of this Standard and in relation to
public benefit entities, depreciated replacement
cost is a method of valuation that is based on
an estimate of:
(a) in the case of property:

1 0 . 1 . 14

i.

the fair value of land; plus

ii.

the current gross replacement costs of

improvements less allowances for physical
deterioration, and optimisation for
obsolescence and relevant surplus capacity;
and

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Optimisation is not applied to surplus capacity

that, while rarely or never used, is necessary for
stand-by or for safety purposes.
NZ 33.7.

NZ 33.8.

In determining depreciated replacement cost,

the extent of any reduction in value for surplus
capacity subject to optimisation depends
on whether that surplus capacity subject to
optimisation depends on whether that surplus
capacity has an alternative use to the current
use of the asset. Where there is no alternative
use, the optimised value of the surplus capacity
is zero. Where there is an alternative use, the
optimised value of the surplus capacity is the
value of the highest and best alternative use of
that capacity.
To illustrate the distinction described in
paragraph NZ 33.7 between surplus capacity
not having an alternative use to the current
use of the asset and that which does, consider
the following example. Assume depreciated
replacement cost is to be determined for
a network of water pipes where the pipe
diameter is greater than currently required or
ever expected to be required (including that
necessary for stand-by or for safety purposes).
There is also a discrete segment of the piping
network that is similarly not required for the
current use of the asset but which can be
closed off and used for other purposes, such as
a liquid storage facility. In this case, the surplus
diameter of the piping would be disregarded
for valuation purposes but the surplus segment
of the piping network would be valued at its
highest and best alternative use.

an estimate of the value of the improvements

component of the depreciated replacement
cost of property. Optimisation is not applied in
determining the value of the land component
of the depreciated replacement cost of
property. The value of the land component will
always reflect the fair value of the actual land
held, in terms of both its size and location.
NZ 33.12. In instances where the land is underutilised,
the fair value of the land will be determined by
reference to the highest and best use of such
land. For example, in a case where specialised
manufacturing facilities are located in a prime
central business district site but the operation
would be able to be run from a smaller sized
and/or less valuable alternative site offering the
same service potential, the fair value of the land
would be the open market value of the entire
central business district-located site.

NZ 33.10. In determining depreciated replacement cost,

optimisation for obsolescence and relevant
surplus capacity is applied only to the extent
that it reflects the most probable use of the
asset that is physically possible, appropriately
justified, legally permissible and financially
feasible.

NZ 33.13. The fair value of land would normally be

determined from market based-evidence.
However, in the rare instances where extensive
works have been carried out in order to prepare
land for use in the entity s business, available
market evidence will normally relate to land
of the same size and in the same general
vicinity but which is priced for uses that are
sub-optimal relative to the use for which the
works were carried out. In these rare instances
the fair value of the land should be determined
by having regard to the replacement cost
of the land. For example, consider the case
where an airport or port company acquires a
section of seabed, fills it in and builds a seawall
in order to produce flat land for use in the
entity s business. The reclaimed land is in the
precise location where the entity requires land.
Market evidence may exist for other land of
the same size and in the same general vicinity
as the reclaimed land, but that other land is
not suitable for the use intended by the entity.
Thus, the market evidence on the fair value of
that other land is not relevant to the reclaimed
land, and the best indicator of the fair value of
the reclaimed land would be the replacement
cost of that land. Land resulting from extensive
works by a local or central government body
in constructing new roading provides a similar
example.

NZ 33.11. As evident from the definition of depreciated

replacement cost, optimisation is applied only
in determining the depreciated replacement
cost of plant and equipment and in determining

NZ 33.14. If an entity adopts the allowed alternative

treatment in NZ IAS 23, an amount equal to
the amount of borrowing costs that would
be embodied in the fair value of the asset

NZ 33.9.

In most cases, surplus capacity subject to

optimisation is expected to be disregarded in
determining the depreciated replacement cost
of an asset. Such surplus capacity is unlikely
to have an alternative use unless it is physically
and operationally separable from the required
capacity.

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10.1 .
15

N Z VA L UATI ON G UI D A N C E N OTE 1

is included as a component of depreciated

replacement cost. The inclusion of such
an amount as a component of depreciated
replacement cost is consistent with the principle
underlying the inclusion in the initial cost
of an asset of borrowing costs eligible for
capitalisation as permitted by NZ IAS 23. The
amount to be included as a component of
depreciated replacement cost is determined on
the basis of the average debt-to-equity ratio
and average cost of debt applicable to entities
undertaking the same activities as the entity
reporting.
NZ 77.1.

53

There is a rebuttable presumption that an

entity can reliably determine the fair value
of an investment property on a continuing
basis. However, in exceptional cases, there is
clear evidence when an entity first acquires
an investment property (or when an existing
property first becomes investment property
following the completion of construction or
development, or after a change in use) that
the fair value of the investment property is
not reliably determinable on a continuing
basis. This arises when, and only when,
comparable market transactions are infrequent
and alternative reliable estimates of fair value
(for example, based on discounted cash flow
projections) are not available. In such cases, an
entity shall measure that investment property
using the cost model in NZ IAS 16. The residual
value of the investment property shall be
assumed to be zero. The entity shall apply NZ
IAS 16 until disposal of the investment property.

NZ 33.1.

Valuations shall be conducted either:

Public benefit entities are not required to

disclose, for each revalued class of property,
plant and equipment, the carrying amount that
would have been recognised had the assets
been carried under the cost model, as required
by paragraph 77(e).

NZ IAS 36: Im pairm ent of Asse ts

Public Benefit Entities
NZ 2.1.

(a) by an independent valuer; or

This Standard shall be applied in accounting for

the impairment of all assets of public benefit
entities, other than:

(b) where an entity has in its employ a person

sufficiently experienced to conduct a
valuation, by that person, so long as the
basis of valuation has been subject to
review by an independent valuer.

(a) [assets excluded by paragraph 2;] and

(b) assets whose future economic benefits
are not directly related to their ability to
generate net cash inflows.

NZ 33.2.

The fair value of investment property is

determined or reviewed by an independent
valuer who holds a recognised and relevant
professional qualification and who has recent
experience in the location and category of the
investment property being valued.

NZ 75.1.

An entity shall disclose in respect of each valuer

employed:

NZ IAS 38: Intangible Asse ts

Public Benefit Entities
NZ 124.1. Public benefit entities are not required to
comply with the requirement in paragraph
124(a)(iii) to disclose, in respect of intangible
assets accounted for at revalued amounts,
the carrying amount that would have been
recognised had the revalued class of intangible
assets been measured after recognition using
the cost model in paragraph 74.

NZ IAS 40: Investm ent Property

All Entities
30-32

[An entity is not permitted to use the cost

model except in the circumstances outlined in
paragraph 53.]

56

[An entity is not permitted to use the cost

model except in the circumstances outlined in
paragraph 53.]

1 0 . 1 . 16

(a) the name of the valuer;

(b) the total fair value of property valued by
that valuer; and
(c) the date(s) of such valuations.
Public Benefit Entities
NZ 9.1.

In respect of public benefit entities, property

may be held to meet service delivery objectives
rather than to earn rental or for capital
appreciation. In such situations the property
will not meet the definition of investment
property and will be accounted for under NZ
IAS 16, for example:
(a) property held for strategic purposes; and

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N Z VA L UATI ON G UI D A N C E N OTE 1

(b) property held to provide a social service,

including those which generate cash
inflows where the rental revenue is
incidental to the purpose for holding the
property.
NZ 20.1.

In respect of public benefit entities,

notwithstanding paragraph 20, where an
investment property is acquired at no cost or for
nominal cost, its cost shall be deemed to be its
fair value as at the date of acquisition.

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10.1 .
17

THI S PA G E I S I N TE N TI ON A L LY L E F T B L A N K

1 0 . 1 . 18

AN Z VA LUAT I ON A ND P ROPE R T Y STAN DARDS

10. 2

N Z VA L UATI ON G UI D A N C E N OTE 2

N Z V G N 2 I N S U R A N C E VA L U AT I O N
REPORTS
Replaced By ANZVGN 13
located 8.13.1

I NSUR ANC E VALU AT IO N REPO R TS

10.2.1

THI S PA G E I S I N TE N TI ON A L LY L E F T B L A N K

10.2.2

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N Z VA L UATI ON G UI D A N C E N OTE 3

10. 3

N Z V G N 3 VA L U AT I O N O F
HO US E S UND ER CO NS TR UCTIO N,
A N D H O U S E S T O B E B U I LT O R
P R E V I O U S LY U N O C C U P I E D N E W
HO US ES
date of the valuation, and the expected date of
completion of the building works, then this should
be set out together with the reasons for the
anticipated difference.

The New Zealand Valuation & Property Standards Board

issues the following guidance note to all members of the
Property Institute of New Zealand and the New Zealand
Institute of Valuers.

1.0 Introd uction

1.1

This Guidance Note has been prepared for all

members of the New Zealand Institute of Valuers
involved in valuing houses under construction,
houses to be built or previously unoccupied new
houses.

2.5

The effect, if any, on saleability and value of the

property as at the valuation date due to such
matters as partially developed site improvements,
uncompleted building works and such like should
be taken into account and commented upon in the
valuation report.

2.6

It is recommended that a valuation report which

assumes the completion of a house and/ or site
development which is either under construction or
is to be built or developed should include clauses
on the following basis:

2.0 Houses to be Built or Und er

Construction
2.1

When a valuation is being made assuming

completion of the development, the valuer shall
state in clear and concise language that the
property has not yet been completed and that
all values are based on the assumption that the
property is or will be completed in accordance
with the plans and specifications provided and the
issuing upon completion of a Code Compliance
Certificate by the territorial authority. The valuer
should clearly establish the date to which the
valuation applies. This would normally be the date
of the report.

2.2

A valuation report prepared on a house partially

completed, or on a proposed house prepared
from plans and specifications, should describe
in detail the nature of the building materials,
accommodation, quality and nature of the fittings
and finishes upon which the valuation is based.

2.3

Full details of any site works which are included in

the valuation should be specified.

2.4

If it is anticipated that there will be any significant

change in the value of the property between the

As at the date of inspection the proposed

improvements were approximately % complete.
However, this report is based on the assumption
that the house will be developed and completed
according to the plans and specifications described
herein and that the standard of construction is in
accordance with that assumed within the report.
It should be specifically noted that any significant
deviation in respect of style, layout, design or
construction standards would invalidate the value
conclusions reached in this report.
The values reported herein are based on data
collected and reviewed as at the date of this
report. The valuer assumes no responsibility for
unforeseeable events that alter market conditions
prior to the completion of the development.

3.0 Progress Pay m ent

Inspections
3.1

NZ VG N 3 VALU ATI O N OF H OUSE S UNDE R C ONST RUCT IO N

If a valuation is required of building works in

progress it is incumbent on the valuer to verify that

10.3.1

N Z VA L UATI ON G UI D A N C E N OTE 3

the work in progress conforms with the plans and

specifications provided, including check measuring
of the building(s).
3.2

3.3

The valuer should note in his/her valuation of

Work in Progress not only the value of the
work completed but also the estimated cost to
complete the work in accordance with the plans
and specifications.

4.2

The re-sale value of a house - particularly a

previously unoccupied new property can be
adversely affected by incomplete development of
the property, whether the house itself or the site
development.

5.4

Where the valuer considers that there is likely

to be a significant difference between the value
of anew house and its re-sale value in its same
condition then this should be stated clearly in
the valuation report, showing both value as a
previously unoccupied new property and the re-

Loose building materials, i.e. those not fixed in

place, should not be included in the valuation of
work completed. If the valuer considers it relevant,
however, reference may be made to such loose
building materials.

4.0 Final Pay m ent Inspection

4.1

5.3

When requested to undertake a final inspection of

the property the valuer should refer the client to
the original valuation and date thereof, and refer
to the client details of any work remaining to be
done.
The valuer should inform the client as to whether
the final balance of the monies outstanding may
be released, or if a further retention should be
made and the reasons why.

4.3

The valuer may wish to draw to the attention of

the client prior to the final inspection being made
of the importance of obtaining a Code Compliance
Certificate.

4.4

The valuer should inform the client of the

importance of obtaining a completed Code
Compliance Certificate before releasing any final
monies.

sale value. The valuer should always comment on

any differential between the purchase price new
where known, and the assessed market value as a
new house.
5.5

Where mortgage recommendations are provided

the valuer should base such recommendation on
the re-sale value of the property.

6.0 Duty of Care

Valuers are reminded of the duty of care and responsibility
they owe to their client, mortgagees and third parties who
may rely upon their valuations.
All enquiries should be addressed to:
Chief Executive Officer
New Zealand Institute of Valuers
P O Box 27-146
WELLINGTON

5.0 Valuation of Previously

Unoccupied New Houses
5.1

Valuers should be aware that it is essential when

valuing previously unoccupied new houses - either
those completed or to be built - that consideration
of comparable sales evidence should include not
only similar new houses but also re-sales of similar
properties.

5.2

Some new houses are offered for sale on finance

terms favourable to the initial purchaser and this
is often reflected in the initial purchase price.
In addition the initial purchase price may reflect
the building cost. The valuer should have regard
to all such factors in determining the final value
estimate.

10.3.2

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11. 1

A N Z R E A L P R OP E R TY G UI D A N C E N OTE 1

A NZR P GN 1 D IS CL A IM ER CL A US E S
A N D Q U A L I F I C AT I O N S TAT E M E N T S
1.0 Introd uction
1.1

1.6

They may, however, wish to protect themselves

from unrelated third parties by attempting to limit
the class of person to whom a duty of care may
be owed. For that purpose members will often,
and indeed, may be required by their professional
indemnity insurer to, use a variety of third party
disclaimers.

Purpose
The purpose of this Guidance Note is to provide
advice to members in the drafting and notifying
disclaimer clauses and qualification statements
when reporting to clients.

1.2

Status of Guidance Notes

Guidance notes are intended to embody
r
refore may
(although this should not be assumed) provide
some professional support if properly applied.
While they are not mandatory, it is likely that they
will serve as a comparative measure of the level
of performance of a Member. They are an integral
part of the Valuation and Property Standards
Manual.

1.3

Scope
This Guidance Note applies to members reporting
to clients on any solution to a property problem. It
relates specifically to the need for, and the drafting
and notifying of, disclaimer clauses in those reports
and should be used in conjunction with other
guidance notes and practice standards which are
either over-arching or directly applicable to the
type of property, purpose or issues involved.

1.4

1.5

1.7

Unlikely Instructions if Seek Exemption

Members are unlikely to be given instructions
to value or give advice on property if they seek
exemption from liability to their clients.

Qualification Statements
Similarly, a Member may wish to include
qualification statements in a property report to
bring to the attention of the reader assumptions
and/or other issues concerning factors which might
affect the property, and ultimately its value and
any other conclusions in the report.

2.0 Third Party Disclaim e r

Clauses
2.1

Third Party Disclaimer Clauses

Third Party Disclaimer Clauses can take many
forms, but would usually contain one or more of
the following components:

International Valuation Standards

This Guidance Note recognises the International
Valuation Standards 1 and 2, and the International
Valuation Application 2, effective from 2007 by the
International Valuation Standards Committee and
it is intended to be consistent with the concepts
and definitions contained in those standards,
however, there may be departures from IVSC
Standards to reflect Australian & New Zealand law
and practice.

Protect from Unrelated Third Parties

2.2

the purpose for which the valuation was

prepared.

the person for whom the report was

prepared.

a statement as to who can rely on the

information contained in the report.

a statement that the signatory/firm accepts no

responsibility (other than to the client) for the
document or its contents.

Not Able to Exclude Liability

A disclaimer will not, of itself, be able to exclude
a member s liability in negligence where such a
liability would otherwise exist. [Refer Barwick C.J
in the Evatt s case and Allen J in Burke and Ors
v Forbes Shire Council (1987), Supreme Court
of New South Wales, Australian Torts Reports
80-122].

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N Z VA L UATI ON G UI D A N C E N OTE 1

2.3

Disclaimer Clause May be Effective

2.9

However, in spite of those rulings a disclaimer

clause may be effective. The presence of such a
clause is one factor which could be considered
relevant in establishing whether there was a
sufficiently close relationship between the parties,
in particular whether it was reasonable, in the
circumstances, for the third party to rely upon the
information set out in the report.

2.4

Legislation

Where there is any ambiguity in the meaning of

the clause, a Court is likely to interpret the
disclaimer in a manner which is least helpful to
the party relying on that clause. It is therefore
necessary to consider carefully each set of
instructions and to adopt clear, concise wording
appropriate to the particular valuation or property
report being undertaken.

2.10 Inappropriate Disclaimer

Similarly, under the various legislation e.g. Federal

Trade Practices Act and the various State Fair
Trading Acts in Australia, and the Fair Trading Act
in New Zealand, it is not possible to avoid liability
to third parties simply by stating that the member
does not accept responsibility to that person.

2.5

2.6

Members should also note that the use of a third

party disclaimer, where the disclaimer is
inappropriate to the instructions, purpose and
intended recipients of the report, could itself
constitute misleading or deceptive conduct in
breach of the Federal Trade Practices Act or State
Fair Trading Acts in Australia, and the Fair Trading
Act in New Zealand.

May be Effective Where Limitation

Reasonable
A disclaimer may be effective to avoid liability
under these acts where the limitation upon
liability to third parties sought to be created by
the member is reasonable having regard to all the
circumstances including the instructions provided,
the purpose of the report, the intended circulation
of the report (who is likely or intended to receive
and rely upon it) and the clarity of the disclaimer.

2.11 Instruction Paragraph Details

Ideally, the instruction paragraph should set out
the details of the party issuing the instruction,
the date of their written instructions, the party to
whom the report is addressed, the names of any
other parties to whom liability is extended under
the report and the purpose of the report. For
example:

Sufficient Warning to Third Parties

Acting on written instructions from ... dated ...

on behalf of ..., we have inspected the property
situated at ... for the purpose of assessing
the current Market Value of that property for
mortgage security purposes.

In such circumstances, the third party disclaimer

will be effective because it provides a sufficient
warning to third parties that it may not be safe to
rely upon the report without further recourse to
the author. A report containing such a third party
disclaimer may be held not to be misleading or
deceptive to a person of the class of third parties
to which liability has been disclaimed.

2.7

2.8

This valuation may only be relied upon by ...

The report has been prepared for the private
and confidential use of the above parties and
it should not be reproduced in whole or in part
or relied upon for any other purpose or by any
party other than ... without express written
authority.

Specifically Drafted
Accordingly, at both common law and under the
Trade Practices Act and state Fair Trading Acts in
Australia, and the Fair Trading Act in New Zealand,
the most effective third party disclaimer will be one
that is specifically drafted for the circumstances of
the particular report and which, thereby reflects
the instructions, purpose and intended recipients
of the report.

Most Impact at the Beginning of

Report
Generally, the clause is more likely to be effective if
included at the beginning of the report.

11.1.2

Ambiguity

3.0 Qualification
State m ents
3.1

Highlight Factors Affecting Reliability

Qualification statements should be used whenever
the quality of the information provided by the
member can be improved by highlighting any
factor which may affect the reliability of that
information.

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3.2

Clearly Inform the Reader

3.7

Qualification statements should clearly inform the

reader of:

3.3

any factors which might affect the reliability of

information in the report;

any additional steps which the reader should

take to make the information more reliable;

the potential effect on the value if the

information is not correct.

Not a Substitute - Highlight Limitations

Qualification statements do not

effect. In order to be of assistance in minimising
liability they must actually inform the reader
in a way that allows the reader to assess the
information provided by the property report in
a balanced and informed manner. By doing so
qualifications will assist the member to meet his or
her duty of care and avoid information in the
property report creating a misleading or deceptive
impression.

3.8

Qualification statements should not be used as a

substitute for the member s own reasonable
enquiries and verification of information. They do,
however, have a legitimate role in highlighting
particular aspects of the instructions, limitations
upon the extent of enquiry, which the member is
reasonably able or expected to carry out, and/or
limitations in expertise.

3.4

3.5

Mould to the Circumstances

While it is useful to have a standard set of
commonly used qualification statements to act as
ar
re
to mould the appropriate qualification statements
to the circumstances of each particular report.
A slavish adherence to standard qualification
statements may undermine the effectiveness of
those statements.

3.6

Appended Page Less Useful

Similarly, a page of qualification statements
appended to a property report may not assist the
reader of the report to focus on the issues and
may be less useful in assisting the Member to resist
allegations of negligence and/or misleading or
deceptive conduct.

Examples Relevant to Situations

Some examples of qualification statements
which may be relevant to situations commonly
encountered by members are set out below. The
manner in which these examples are designed
to address limitations in the member s role,
instructions or expertise should be noted. They
may assist to draft specific qualification statements
to address particular circumstances or reports,
however they should be used as a guide only.
Disclaimer clauses should be specifically designed
to suit particular instructions as appropriate.

Most Impact Adjacent Information

Intended to Qualify
Qualification statements will have the most impact
on the reader if they are included in the body of
the report immediately adjacent to the information
which they are intended to qualify. Where
particular qualification statements (including
assumptions) are of central importance to a
particular property report, it may be good practice
to repeat those qualification statements in a
prominent place such as adjacent to the conclusion
or statement of valuation opinion.

Must Inform the Reader

3.9

Site Survey
Member Generally not Qualified
The member is often asked to state that the
improvements on a property are located within the
boundaries of the site. Generally the Member is
not qualified to make that certification, unless also
qualified and registered as a Surveyor.

3.10 Survey Qualification

The Institute suggests that the following
qualification may be appropriate for inclusion in
reports.
rent survey has not been sighted. The
valuation is made on the basis that there are no
encroachments by or upon the property and this
should be confirmed by a current survey report
and/or advice from a Registered Surveyor. If any
encroachments are noted by the survey report,
the member should be consulted to reassess any
effect on the value stated in this r

3.11 Town Planning/Resource Management

Verbal Enquiries
In most instances a member will only make verbal
enquiries of the Local Authority or the State
Planning Department as to the zoning or planning

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A N Z R E A L P R OP E R TY G UI D A N C E N OTE 1

area of a property. In some locations - it is not

rea
written confirmation
of zoning can take considerably more time than
is generally available to the Member and/or the
client.

Our verbal enquiries at EPA indicate that the

Authority is unaware of the existence of any
site contamination. Whilst our inspection of
the site surface confirms the results of these
enquiries, we have not investigated the site
beneath the surface or undertaken vegetation
or soil sampling. This valuation is therefore
subject to a satisfactory contaminated site
assessment report from environmental
consultants.

3.12 Extent and Nature of Enquiries

It is therefore necessary to set out the extent and
nature of the enquiries made in ascertaining the
zoning and development requirements of the
subject property. For example:
Town planning information was verbally
obtained from offices of the Town Planning
Department. ........................ Council, however,
we recommend that this zoning or planning
area should be verified by application to Council
for the issue of a zoning certificate pursuant to
Section 149 of the Environmental Planning and
Assessment Act, 1979.

or
The site is (or has been) occupied by an
undertaking which, having regard to the
nature of process or chemicals used or stored,
has a potential to cause soil contamination.
Whilst our enquiries at EPA indicate that
the Authority is unaware of contamination,
we recommend a site inspection by an
Environmental Consultant.
o

3.13 Environmental/Contamination Issues

The subject property is operated as a service

station and workshop and therefore fuels,
oils and other products capable of causing
contamination are used on the site as part
of the operation. There are no visible signs
of any pollution on the property; however,
we are unable to certify that there is no
contamination of the property beneath the
surface of the soil.

Increased Awareness
An increased awareness of environmental issues in
the community today has brought about a need
for members reporting on property to be conscious
of influences which may affect the value of a
particular property at the time of reporting or at
some time in the future.
Issues Include

Those issues may include:

o

contamination - through petroleum or

chemical products;

nutrient management for properties adjacent

to rivers/ streams or over underground water
supply sources;

conservation - including rare flora and fauna

species;

Native title claims.

Environmental Issues
Our enquiries at ....... Council indicate that
the site has not previously been utilised
for any industrial or manufacturing use or
for the storage (either above ground or
underground) of any chemical substance.

11.1 .4

Asbestos
Inspection of the improvements showed the
use of asbestos products in the building. We
must point out that we are not experts in
this area and therefore, in the absence of an
environmental consultant s report concerning
the presence of any asbestos fibre within the
subject property, this valuation is made on
the assumption that there is no health risk
from asbestos within the property. Should it
subsequently transpire that an expert report
establishes that there is an asbestos related
health risk we reserve the right to review this
valuation.

Examples
Some examples of clauses relevant to this issue
include the following:

Petroleum products

Pest Affectation
The subject property is located in an area
considered susceptible to termite infestation.
Inspection of the subject improvements did
not reveal any apparent termite infestation.
This should however, be confirmed by a
certified pest control firm.

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Right to Review
The right is reserved to review and if necessary
vary the valuation figure if any contamination
or other environmental hazard is found to
exist.

sighting by the member of a stamped lease

agreement by the parties. For example:
This assessment of Market Value is based on the
assumption that the proposed lease agreements
outlined earlier in this report are all executed,
signed and stamped.

3.14 Improvements

Upon being stamped those documents should

be referred to the member for sighting to
confirm that the particulars of the document
concur with those set out in this report.

Extent of Investigations
In describing the improvements to a property, and
their condition, it is important to highlight in the
report the extent of the member s investigation as
to the structural integrity of the building and its
plant and equipment. For example:
o

An inspection of all readily accessible parts of

the improvements on the property has been
carried out by the member.

We have not sighted a qualified engineer s

structural survey of the improvements, or
its plant and equipment. The member is not
a building construction and/or structural
expert, and is therefore unable to certify as
to structural soundness of the improvements.
Prospective purchasers or mortgagees would
need to make their own enquiries in this
regard.

We have not sighted a structural report on the

property nor have we inspected unexposed
or inaccessible portions of the premises. We
therefore cannot comment on the structural
integrity, defect, rot or infestation of the
improvements nor can we comment on any
knowledge of the use in construction of
material such as asbestos or other materials
now considered hazardous.

3.15 Tenancy Details

Extent of Investigation of Lease Details
In reporting the specific lease details of a
property it is important to advise the extent of
the investigation of lease documents and other
supporting documentation undertaken by the
Member.

3.16 Value As If Complete

Requires a Variety of Assumptions
In Australia it is normal practice in valuing a
proposed development for mortgage security
purposes to assess the market value of that
development as though the property were
completed at the date of valuation. Such a process
requires a variety of assumptions to be made,
which may include:
o

construction and development costs;

in accordance with plans and specifications at

the time of valuation;

the impact of existing and future competition;

the level of sale prices; and

in the case of income properties, the likely

level of rents, the lease-up period, rental
concessions and commissions, capitalisation
rates, discount rates, etc.

3.17 Set Out in Detail Assumptions Made

and Qualifying Clauses
It is therefore imperative that the Member, in
out in detail the assumptions made and inserts a
qualifying clause in the valuation report stating
that the valuation is subject to the assumptions
outlined in the report, particularly where those
assumptions are based on purported lease
negotiations or pre-sale contracts. These qualifying
clauses could include:
o

Satisfactory completion of the improvements

in accordance with the plans, specifications
and details as provided.

An inspection by the valuer following practical

completion of construction.

Confirmation or variation of the original

valuation figure relevant to the original
valuation date, following an inspection of

Valuation of a Proposed Development

On occasions,
roposed development,
lease negotiations or preparation of
documentation may not have been concluded. In
those circumstances it is necessary to specify in the
report that the valuation is subject to satisfactory
conclusion of those lease negotiations and the

ANZ RP GN 1 DISC LAIME R C LAUSE S AND QUA LIF IC ATI ON S TATEMENT S

11.1 .5

A N Z R E A L P R OP E R TY G UI D A N C E N OTE 1

the project and any leases after practical

completion.
o

Issue of all relevant approvals including a

satisfactory building completion certificate
under the appropriate legislation.

Sighting of any reports from other experts

who have provided advice in aspects of the
construction of the buildings.

Such other matters/issues that the valuer is of

the opinion should be drawn to the attention
of the lender.

The right to review and, if necessary, vary the

valuation if there are changes in the project
itself or leasing.

4.0 GST Qualification

In analysing the sales and/or leasing evidence referred to
herein, it is noted that we have attempted to ascertain
whether or not the sale price/rental is inclusive or exclusive
of Goods and Services Tax (GST). In relation to sales
evidence, it is emphasised that Land Titles Offices in
Australia and the Land Registry Offices in New Zealand do
not currently differentiate between or record whether or
not the sale price is inclusive or exclusive of GST.
Where we have not been able to verify whether or
not GST is included in the sale price or rental, we have
assumed that the record of sales price or the rental is
inclusive/exclusive of GST. Should this not be the case for
any particular sale or letting used as evidence, we reserve
the right to reconsider our valuation.

An example of what could be stated follows:

Value As if Complete assessed herein is the
Market Value of the proposed improvements as
detailed in the report on the assumption that all
construction had been satisfactorily completed
in all respects at the date of this report. The
valuation reflects the valuer s view of the market
conditions existing at the date of the report and
does not purport to predict the market conditions
and the value at the actual completion of the
improvements because of time lag.
Accordingly
be confirmed by a further inspection by the
valuer, initiated and instructed by the lender, on
completion of improvements. The right is reserved
to review and if necessary, vary the valuation in this
report if there are any changes in relation to the
project itself or in property market conditions and

11.1 .6

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11. 2

A N Z R E A L P R OP E R TY G UI D A N C E N OTE 2

A NZR P GN 2 A CTING A S A N
E X P E R T W I T N E S S , A D V O C AT E O R
A R B I T R AT O R
1.0 Introd uction
1.1

2.0 Responsibilities
The duties and responsibilities of expert witnesses
in civil cases include the following:

Purpose
The purpose of this Guidance Note is to provide
information, commentary, opinion, advice and to
Members acting as experts in judicial or quasijudicial proceedings

1.2

Expert evidence presented to the Court

should be, and should be seen to be, the
independent product of the expert.

An expert should provide independent

assistance to the court by way of objective
unbiased opinion in relation to matters within
the experts expertise. An expert witness
should not assume the role of an advocate.

An expert should state the facts or

assumptions upon which an opinion is based.

An expert should state when a particular

question or issue falls outside the experts
expertise.

Status of Guidance Notes

Guidance Notes are intended to embody
r
refore may
(although this should not be assumed) provide
some professional support if properly applied.
While they are not mandatory, it is likely that they
will serve as a comparative measure of the level
of performance of a Member. They are an integral
part of the Valuation and Property Standards
Manual.

1.3

Scope of this Guidance Note

This Guidance Note applies to Members acting
as experts in judicial or quasi-judicial proceedings
and is intended to provide information on what is
considered to be good practice where a member is
required to give expert evidence.

3.0 General Duty

3.1

The duties of an expert witness can be defined as

follows:

This Guidance Note has been prepared against a

background of court dicta and specified
requirements emanating from the Courts regarding
the duties and responsibilities of expert witnesses.
An expert witness report should include all facts
which the expert regards as being relevant to the
opinion which he has expressed and should draw
to the attention of the judicial body any matter
which would affect the validity of that opinion.
An experts report should include a statement that
the report complies with the relevant court practice
note, rules or regulation and which will usually
include a statement that the expert has read and
compiled with the relevant document. The experts
duty to the court is emphasised, in contrast to the
duty to the client.

Duty to the Judicial Body

3.2

The primary duty of the expert witness is to

assist the court or tribunal.

The duty is to be truthful as to fact, honest

as to opinion and complete as to coverage
of relevant matters. The duty is the same
whether or not the Expert is giving evidence
in Court or to a Tribunal on oath or not on
oath.

Expert evidence must be independent,

objective and unbiased.

Instructions
On receipt of instructions the expert should
establish whether any conflict of interest may arise.
If a conflict of interest exists or may exist the
expert should either refuse the assignment or seek

ANZ RP GN 2 ACTIN G AS A N EXPE R T W ITNESS , ADV OC ATE OR A RBIT RAT OR

11.2.1

A N Z R E A L P R OP E R TY G UI D A N C E N OTE 2

written confirmation of instructions following

disclosure.

3.3

Purpose of Evidence
The purpose of expert evidence is to assist a
judicial body in exercising its functions.
The evidence given should, therefore, give all the
necessary detail from which conclusions have been
drawn in order to enable the judicial body to judge
the appropriateness of the conclusions based upon
the facts submitted.

3.4

Evidence of Fact
The expert witness is often required to assist the
judicial body in establishing, clarifying and
ordering logically the relevant facts and issues to
be addressed.
The expert should be aware that evidence to
the judicial body may take precedence over any
contractual, professional or other duty.
Where an expert is instructed to give an opinion
based on assumption or number of assumptions,
the experts report should state the assumption or
assumptions.

4.0 Acting as an Ad vocate

A member is entitled to act as an advocate for a client
however the advocacy role is subject to proper professional
practice in conducting negotiations on the clients behalf
and that role must be declared to all parties. A member
must not act as an advocate then as an expert in the same
matter (see ANZPS 1).

5.0 Acting as an Arbitrator

Experts appointed as arbitrators are usually required to act
in accordance with the uniform commercial arbitration
legislation.
The Institute of Arbitrators and Mediators Australia and
New Zealand conducts education and training for
arbitrators and mediators and grades arbitrators according
to experience.
Experts should not act as arbitrators unless they have the
appropriate education, training and experience in relation
to the commercial arbitration legislation.

A written report provided by an expert should

include a schedule of the documents relied upon
and where necessary, copies of such documents or
the relevant portions thereof. The expert should
indicate the source of factual information relied
upon.

3.5 Giving Evidence

Expert evidence must be objective, independent
and unbiased. Opinion should not be exaggerated
or seek to obscure alternative views.
When experts are instructed to meet to agree
facts they may be instructed also to endeavour to
agree opinions and, in such instances they should
disclose facts and information relevant to their
evidence and where they disagree the reasons for
disagreement should be recorded and reported.
Where an expert changes their opinion, for
whatever reason, such change should be
communicated immediately in writing to the
appointer, with whom the responsibility will lie to
communicate it to other parties and the judicial
body.

11.2.2

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11. 3

A N Z R E A L P R OP E R TY G UI D A N C E N OTE 3

A NZR P GN 3 L EA S ING INCENTIV E S

1.0 Introd uction
1.1

1.6

Purpose

Oversupply of office space in most of the major

cities has led to incentives being offered to
prospective and existing tenants. Whilst these
incentives are of prime importance to the parties
directly concerned, they are also important to the
market place as a whole to the extent that they
may affect market rental values. The analysis of
rental evidence for comparative purposes is an
essential part of the valuation process and is of
particular relevance where rent reviews and asset
valuations are under consideration.

The purpose of this Guidance Note is to provide

information, guidance and advice on leasing
incentives to Members undertaking tasks involving
the assessment or analysis of rental and capital
values.

1.2

Status of Guidance Notes

Guidance notes are intended to embody
r
refore may
(although this should not be assumed) provide
some professional support if properly applied.
While they are not mandatory, it is likely that they
will serve as a comparative measure of the level
of performance of a Member. They are an integral
part of the Valuation and Property Standards
Manual.

1.3

Scope of this Guidance Note

This Guidance Note applies to Members assessing
the impact of leasing incentives on rental and
capital values particularly in relation to commercial
property.

1.4

International Valuation Standards

This Guidance Note recognises the International
Valuation Standards 1 and 2, and the International
Valuation Application 2, effective from 2007 by the
International Valuation Standards Committee and
it is intended to be consistent with the concepts
and definitions contained in those standards,
however, there may be departures from IVSC
Standards to reflect Australian & New Zealand law
and practice.

1.5

Cyclical Market
Since the 1960 s the commercial property market
has experienced increased volatility. This is primarily
because demand lead time is far shorter than the
time needed to create more supply. This cyclical
pattern is unlikely to change in the foreseeable
future so that valuation methodology and
techniques and the practitioners themselves must
be able to cope with the varying market conditions
--- no matter how extreme.

ANZ RP GN 3 LEASI N G INCE NTIVE S

Over Supply Leading to Incentives ....

analysis of evidence essential

1.7

Range of Opinions
The range of opinions amongst valuers and their
clients as to how leasing incentives should be
interpreted has resulted in a broad ranging public
debate.

1.8

Intention of Clarifying Principles

In response to specific requests, this Guidance
Note has been prepared with the intention of
clarifying the principles involved.

1.9

No Uniformity of Market Conditions

A review of the situation in the various cities clearly
shows that there is little uniformity in market
conditions. This tends to be the normal situation
and makes it impractical to enunciate Practice
Standards on how matters must be evaluated.

1.10 Skill of the Valuer is to Investigate

The traditional skill of the valuer is to investigate,
report and evaluate the specific situation being
considered, taking into account the differing
factors which affect rental levels and capital values
in the particular location or market.

1.11 Many Factors to Consider

These factors include the wording of the pertinent
lease clause (of which there are countless
variations), the state of the building, the general
market, the size and duration of the lease, case
law, and many other factors of which incentives
granted on new leases are but one.

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A N Z R E A L P R OP E R TY G UI D A N C E N OTE 3

2.0 Leasing Incentives

2.1

Rent Freely Negotiated Between Two

Parties
The consideration paid for the right to occupy
premises owned by another usually takes the
form of a periodic rent which, in the case of
new lettings, is negotiated freely between the
two parties. Rental value is assessed by various
methods. In the case of office space, the
method most frequently used in rental review
determinations is to analyse rents paid for
comparable space, thereby deriving a rental rate to
be applied to the subject accommodation. Rental
values normally refer to accommodation that has
been completed up to the stage of the tenant s fit
out.

2.2

2.4

Incentive to Move
The cost of fitting out and relocating can be high
and without an incentive from the landlord which
meets all or at least a substantial part of these
capital costs tenants would, in many instances, not
move to new premises.

2.5

2.7

Sustaining Rental Levels in Times of

Over Supply
If rentals are to be sustained in times of oversupply,
some form of compensatory consideration
may be required to achieve new lettings. That
consideration, where it occurs, is also part of the
incentive in whatever form it may take.

11.3.2

Incentives Even in Balanced Market

It is relevant to note that lessors have often given
incentives to in-going tenants, even when the
leasing market has been balanced in terms of
supply and demand.

2.8

Extent Incentive is a Reduction of Rent

What has to be assessed is the extent to which a
particular incentive package includes an amount,
which might be regarded as a reduction from the
stated rent. It is noted that leasing incentives have
sometimes increased in anticipation of increasing
vacancy factors and may be perceived to create
a false rental base, which may cause difficulty in
the analysis and assessment of rentals and capital
values.

2.9

Valuer to Decide Appropriate

Technique
There are several techniques for arriving at a value,
which are well known to practising valuers some
of which are appropriate to different situations.
It is up to the judgment of the Valuer in each
case to decide which of the techniques to use. In
many cases the Valuer may utilise more than one
technique in the process of producing a valuation.

Incentives for Leasing New Building

In periods of oversupply of accommodation,
incentives are often granted during the leasing up
of a new building and these amounts are regarded
by the owner/developer as part of the capital costs.

Incentive Benefit Offset Against

Commitment
The consideration of incentive, may take the form
of a capital payment or relief from a revenue
obligation. In either case the tenant receives a
benefit which will be offset against the totality of
the tenant s rental commitment and fit out cost.

Supply and Demand ....excess of supply

The fundamental laws of economics apply and in
the case of the office market, it is difficult, given
the lead time involved in supplying new space
to the market, for supply to respond quickly
to rise or fall in demand. Surplus space can be
withdrawn from the market place but owners
are understandably reluctant to take this course.
Accordingly, once a significant excess of supply
over demand is demonstrated, rental values may
fall.

2.3

2.6

3.0 Effective Rental Value

3.1

Converting Incentive Into Periodic

Equivalent
Where it is determined that an incentive has been
paid, the valuer is called to utilise judgment in
the light of the current conditions in the location
concerned as to whether any element of the
incentive should be regarded as a de facto rent
reduction. This element should be converted into a
periodic equivalent over the term of the lease. This
periodic equivalent should be deducted from the
nominated or passing rent in order to arrive at the
effective rent. Any effective rental should represent
the most valid interpretation of the transaction
concerned for comparative purposes, which may
not necessarily represent market rent.

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A N Z R E A L P R OP E R TY G UI D A N C E N OTE 3

3.2

the incentive granted would be regarded as a

rental rebate.

Interpretation of an Incentive in Terms

of Cash Flow
Care should be taken to ensure the correct
interpretation of an incentive in terms of cash flow.
For example, a lump sum payment equal to three
years rental, paid at the start of the lease, will not
equate to an actual rent-free period of three years.

4.2 Deciding the Weighting to Apply to

Evidence
From time to time a valuer will be faced with rent
reviews occurring, some of which have had regard
to the level of effective rent created by incentive
payment while others in the same building (or
similar buildings) demonstrate a disregard for
such consideration. Obviously the Valuer should
examine the particular premises, the remainder of
the term available and the particular conditions
of the lease before deciding the weighting he
needs to apply to such evidence in the process of
assessing market rent. In fact the lease conditions
may require an assessment of a rent level that is
not market rent.

4.0 Rent Review s

4.1

Points to Consider in Rent Reviews

In reaching a view as to the rent that should be
adopted on review the valuer may take many
points into consideration including:
o

The specific wording of the subject lease

clause.

Relevant case law.

The rents being agreed between landlord and

tenants on review for similar tenancies in the
area.

The size of the tenancy concerned relative

to the size of space of available comparable
rentals.

The fact that a review to market rent may not

necessarily be influenced by the level of rent
previously passing unless required under the
lease conditions.

Rents on review may fall as well as rise

according to prevailing market conditions
unless there is provision in the lease to prevent
the rental falling.
Guidance should be sought from a wide range
of rentals including rentals freely negotiated
at review dates and rentals for new lettings
both of which may or may not truly reflect
the rent which would be paid in the market.
The circumstances of the rentals must be fully
investigated and appropriate adjustments
may be required up or down in the valuation
process.

5.0 Secrecy Clauses

5.1

Secrecy clauses and side agreements in leasing

arrangements are a negative development and
every encouragement should be given to lessors
and lessees to provide full disclosure of all lease
arrangements.

5.2

ANZ RP GN 3 LEASI N G INCE NTIVE S

Secrecy Undesirable
Secrecy arrangements are clearly against the
operation of an informed market and are thus
undesirable.

5.3

Serious Repercussions Can Flow

The Institute recognises that two parties have
the right to confidentiality of their commercial
arrangements. However, the Institute believes
that serious repercussions can flow from the use
of non-disclosure or secrecy clauses particularly
when their use may distort valuations based on
inadequate information.

5.4

Ascertaining Existence
Before accepting instructions valuers should where
possible:

The possibility of incentives having an effect

on the stated rent as outlined in points 3.1
and 3.2 where new lettings are considered in
reaching a view on the current market rent.
The valuer should have regard to this practice
and decide as to whether the amount of
the inducement is greater than a reasonable
inducement to move and assess as to
whether, in all the circumstances, all or part of

Encouragement for Full Disclosure

5.5

Enquire in writing as to the existence of any

secrecy clauses or side agreements.

Obtain a written response.

Refuse to Act
The valuer has a right to refuse to act in instances
where it is considered that the lack of information

11.3 .3

A N Z R E A L P R OP E R TY G UI D A N C E N OTE 3

prejudices the valuer s ability to discharge the

responsibility of making the assessment.

5.6

Where appropriate, a comparison between

the Internal Rate of Return derived from the
cash flow as analysed in the above process
and the Internal Rate of Return required by
buyers in the market place at the date of
valuation.

Adequate allowance for letting up and leasing

incentives for vacant areas.

Adequate allowances for any building works

or refurbishments needed.

Any possible tax implications.

Professional Responsibility
In discharging this responsibility the valuer should
be aware of the liability for potential claims for
professional negligence or fraudulent conduct.

6.0 Capital Values

6.1

Adjustments
The capital value of an income producing property
should be arrived at by capitalising the market rent
making adjustments for any continuing rent free
periods, vacancies, leasing up costs, reversions,
outstanding repairs/renovations, the strength

7.0 The Market

7.1

Valuers Interpret
Valuers do not set the market, they interpret it.

a stable market, the assessment of market rental

value and the appropriate capitalisation rate can
be undertaken without undue difficulty,
notwithstanding the degree of research required.
The introduction of incentives coupled with a
relatively inactive market makes the valuation
process more complicated and, possibly more
subjective.

6.2

Matters for Consideration

It is recommended that careful consideration
should be given to the following matters in
addition to the matters referred to above:

11.3.4

The relativity between the passing rent and

market rental value indicated by the long-term
rental trend line in the relevant market.

The need to distinguish between passing

rents, market rents and effective rents
and their relative growth patterns and the
relationship with real net cash flow.

The proper assessment of the sustainable level

of net income.

Due allowance for the reversionary value of

lower than market level rents.

The capitalisation rate to be applied in the

light of market rental levels and the position
of the property market in its cyclical
movement.

The danger of applying a capitalisation rate

to a passing rent which, for whatever reason,
does not represent market rent.

The precise interpretation of the rent review

clause(s).

7.2

Interpreting Varying Conditions

The market and market practices are subject to
continuous change. Consequently, the valuer
should interpret these varying market conditions in
the application of established methodology.

7.3

Market Dictates Value

The Courts have often noted that it is the market
that dictates value (Broken Hill Pty Co Ltd v
Australian Mutual Provident Society, reference The
Valuer, Vol. 29 at 340).

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A N Z R E A L P R OP E R TY G UI D A N C E N OTE 4

ANZRPGN 4 METHOD S OF
M EA S UR EM ENT
types of measurement generally used in the
property industry. It then lists property types in
alphabetical order together with the relevant
method of measurement.

1.0 Introd uction

1.1

Purpose
The purpose of this Guidance Note is to provide a
national guide to members for the consistent
measurement of buildings. It is intended to be
used for the purpose of valuations, property
management, property analysis, leasing and sales.

1.2

2.0 Principles of Measurem ent

2.1

2.2

1.4

Use of this Guidance Note

The guideline provides definitions of the various

ANZ RP GN 4 MET HODS OF MEASU REMEN T

Unit of Measurement
All measurement should usually be in Square
Metres (sq m) and/or cubic metres (cub m). There
may be some circumstances where cubic capacity
may be relevant such as in industrial buildings.
Recommended guidelines include:

New Zealand Members Note:

This guidance note was originally intended for use
by Australian Members. Sections are relevant to
New Zealand, although so me Australian definitions
differ from those used in New Zealand. New
Zealand Members are specifically referred to the
PCNZ/PINZ Guide for the Measurement of Rentable
Areas revised in 2006. This publication is an update
of the former BOMA/PLEINZ guide

Accuracy
Physical measurements are a matter of fact (not
opinion) and should be accurate. The degree of
accuracy
r
will depend upon the circumstances, but should
never be misleading. Where appropriate, an area
may be obtained from a registered surveyor to
ensure accuracy.

Scope of this Guidance Note

In Australia properties covered by this guideline are
listed in 6.0, below. For the purpose of consistency,
the Property Council of Australia (PCA) Method
for the Measurement of Lettable Area (Copyright
1997) has been adopted for the purpose of
defining lease space in Commercial, Retail and
Industrial premises. Properties not within the scope
of the PCA document are included in this guideline
and additional properties may be added from time
to time. This is a national document and is being
harmonised with international practice.

Limitations
Some building areas (particularly retail) may be
defined in some state and territory legislation and
will over-ride the definitions in this Guidance Note
where appropriate.

Status of Guidance Notes

Guidance notes are intended to embody
r
refore may
(although this should not be assumed) provide
some professional support if properly applied.
While they are not mandatory, it is likely that they
will serve as a comparative measure of the level
of performance of a Member. They are an integral
part of the Valuation and Property Standards
Manual.

1.3

1.5

Areas <100 sq m usually shown to one (1)

decimal place (e.g. 85.6 sq m)

Areas >100 sq m usually rounded to nearest

whole figure (e.g. 120.4=120 sq m)

Measurement of buildings is usually rounded up if

re
(e.g. 120.5=121 sq m).

2.3

Height
In some types of property such as industrial, the
height or cubic capacity of the premises can be
an important aspect of the measurement of the
building. This is usually shown in the building
description, with a refer
building height from the finished floor surface to
the underside of a beam or roof truss.

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A N Z R E A L P R OP E R TY G UI D A N C E N OTE 4

2.4

Agreement
Where an area of measurement is to be used for
negotiations or determinations, it is important for
the parties to agree the method of measurement
and the area before entering into negotiations or
making a valuation determination.

2.5

3.0 Area Definitions (Com m only

Used )
3.1

Gross Building Area (GBA) is the most commonly

used method of measurement. The Gross Building
Area is the area of the building at all building
levels, measured between the normal outside
face of any enclosing walls (or the centre line
of common walls between different properties),
balustrades and supports. The enclosed and
unenclosed areas (see FECA and UCA definitions
for detail) are usually shown separately and added
together to give the total GBA.

Analysis
The guidelines seek only to set out an acceptable
method of measurement for each type of
property. The methodology for analysing market
information, including a judgement on the relative
building efficiency, design, presentation, quality,
etc is generally outside the scope of this guideline.
It is either covered by other Standards & Guidelines
or left to the professional judgement of the
member.

2.6

Method Adopted

(Note: Gross Building Area should not be confused

with Gross Floor Area)

3.2

2.8

Strata Area (leases) [Various PCA]

The strata area is usually measured from the
inside face of the wall. The area is calculated by a
registered surveyor and is shown on a registered
strata plan. The strata area is not usually used for
the purpose of leases (although this may occur
in some markets). Rental valuations and lease
negotiations should usually be based upon the
appropriate PCA definition for retail, commercial
and industrial premises.

The method of measurement adopted can vary

depending upon the purpose for which it is used.
For example, an area may be used for calculating
building costs or insurance (gross basis), or it may
be used for assessing rents (net basis). Care should
be taken to ensure the purpose and method of
measurement is clearly stated.

2.7

Gross Building Area [GBA]

Shared Facilities
Where there are shared or common facilities,
a separate area should be provided for the
space used as a sole occupancy, with a separate
description (and where appropriate) a separate
area provided for the shared space.

3.3

Use Of Premises

3.4

Stratum Area [SUA]

The stratum area is the area shown on a registered
plan of subdivision as calculated by a registered
surveyor. Adopt the same principles as for Strata
(sales) and Strata (leases).

Strata Area (sales) [SA]

The market generally adopts the strata area
shown on a registered strata plan as the basis of
negotiation and sale. The strata area is usually
measured from the inside face of the wall and
the area calculated by a registered surveyor. The
strata area is usually adopted as the basis for
negotiations for individual and whole building
strata units. Valuations generally show the PCA
leasable areas for the capitalisation approach and
the strata area for analysis of direct comparables
(this may vary in some markets). In all cases, the
basis for the method of measurement being used
should be clearly stated.

For the purpose of analysis, the use of the

property will generally determine the method of
measurement, but not in all cases. For example,
a house located on a zoned industrial site may be
used as a residence and may not necessarily be
the highest and best use of the building. In this
case the method of measurement could be either
(GBA or GLA) depending upon the purpose of the
report. The methodology used and reasons for
adopting a certain method of measurement should
be clearly stated.

3.5

Company Title
Company Title units should generally be treated on
the same basis as strata title.

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A N Z R E A L P R OP E R TY G UI D A N C E N OTE 4

3.6

roof spaces and attics, garages, penthouses,

enclosed porches and attached enclosed covered
ways alongside buildings, equipment rooms, lift
shafts, vertical ducts, staircases and any other fully
enclosed spaces and usable areas of the building,
computed by measuring from the normal inside
face of exterior walls, but ignoring any projections
such as plinths, columns, piers and the like which
project from the normal inside face of exterior
walls. It shall not include open courts, light wells,
connecting or isolated covered ways and net
open areas of upper portions of rooms, lobbies,
halls interstitial spaces and the like, which extend
through the storey being computed. (See N.P.W.C)

Community Title
Community Title areas definitions should be
treated on the same basis as strata title, except
where specific legislation over-rides this approach.

4.0 Area Definitions (Proper ty

Council of Australia)
Gross Lettable Area Retail [GLAR]
Applies to retail uses.
Gross Lettable Area [GLA]
Applies to warehouses, industrial buildings,
freestanding supermarkets, and showrooms.
Net Lettable Area Office Buildings [NLA]
Applies to office buildings, offices, and business
parks.

5.0 Area Definitions

(Others)
5.1

Building Area [BA]

(See Gross Building Area definition)

5.2

Equivalent Main Area [EMA]

The calculation of the EMA of a building is usually
used for analysis and costing, with only a $ rate
per square metre to be stated as a single figure,
rather than a set of different $ values on each
component of the building. The EMA uses the
Gross Building Area as the basis of common
measurement. The main building is counted as
100% of the GBA, with the other components of
the building counted at lower percentages (see
Residential) in accordance with their associated
added value. Detached Improvements including
rooms, studios, garages, carports, swimming pools
and other improvements are not included in the
EMA.

5.4

Gross Floor Area [GFA]

The GF
Covered Ar
red Ar
defined by Quantity Surveyors and Architects).
The GFA (also described as the FSA) is often
used by councils to define the floor space that
can be developed on a site based upon its Floor
Space Ratio. It can be used for determining the
development potential of sites. Care should be
taken that GFA is clearly defined (and not confused
with Gross Building Area) if used in analysing
values or in negotiations for development sites.
Definitions change in various LGAs and States
and individual codes should be checked. A typical
definition is as follows:
GFA means the sum of the areas of each floor of
a building where the area of each floor is taken to
be the area within the inside face of the external
walls as measured at a height of 1,400 millimetres
above each floor level, excluding the following:
o

Columns, fin walls, sun control devices,

awnings, and any other elements, projections
or works outside the general lines of the outer
face of the external wall;

lift towers, cooling towers, machinery and

plant rooms and ancillary space and vertical
air-conditioning ducts;

carparking needed to meet the requirements

of the Council and any internal access thereto;

(See Gross Floor Space definition)

space for loading and unloading of goods;

Fully Enclosed Covered Area [FECA]

Internal public arcades and thoroughfares,

terraces, balconies with outer walls less than
1400 millimetres high and the like.

The EMA should not be quoted in a report

unless its calculation is also shown as it maybe
misleading. It should also be clearly noted as an
EMA.
Floor Space Area [FSA]

5.3

The Fully Enclosed Covered Area (FECA) is the sum

of all areas at all building floor levels, including
basements (except unexcavated portions), floored

ANZ RP GN 4 MET HODS OF MEASU REMEN T

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A N Z R E A L P R OP E R TY G UI D A N C E N OTE 4

5.5

The sum of all such areas at all building floor

levels, including roofed balconies, open verandahs,
porches and porticos, attached open covered
ways alongside buildings, undercrofts and usable
space under buildings, unenclosed access galleries
(including ground floor) and any other trafficable
areas of the building which are not totally enclosed
by full height walls. Computed by measuring the
area between the enclosing walls or balustrade
(i.e. from the inside face of the UCA excluding the
wall or balustrade thickness). When the covering
element (i.e. roof or upper floor) is supported
by columns, is cantilevered or suspended, or any
combination of these, the measurements shall be
taken to the edge of the paving or to the edge of
the cover, whichever is the lesser. UCA shall not
include eaves overhangs, sun shading, awnings
and the like where these do not relate to clearly
defined trafficable covered areas, nor shall it
include connecting or isolated covered ways. (See
N.P.W.C).

6.0 Special Building Ty pes

[Method of Measurem ent]
6.1

6.5

6.6

6.7

6.4

6.8

If the bottle shop (same as liquor store) is a

stand-alone operation it should be measured in
accordance with the GLAR method. However, if

11.4 .4

Hotels (Accommodation) [GBA]

The accommodation component of hotels should
be measured on a GBA basis. A further description
of the upper floors is desirable showing the
number of rooms, average rooms sizes and net
efficiency between the room sizes and common
areas (service core and lifts, corridors, linen rooms,
etc) on typical upper floors. Specialised uses such
as retail arcades, which are attached to the hotel,
should be measured as separate components
and in accordance with the PCA retail method of
measurement.

Boarding (Guest) Houses [GBA]

Bottle Shops [GLAR or GBA]

Clubs (Recreation) [GBA]

Clubs should generally be measured using the GBA
method. A description can provide a break-up of
the uses in the club including reception, office
administration and boardroom areas auditorium,
restaurants, gaming areas, recreation facilities such
as bowling greens, etc.

Banks (Retail) [GLAR]

To be measured using the GBA method. It is also

desirable to show both the number of rooms
(singles, doubles, etc) in the description, and
indicate whether there is a manager s residence or
room, number of bathrooms, kitchens, and laundry
area, etc.

Cinemas [GLAR or GLA]

Freestanding cinemas should be measured
on a GLA basis. Cinemas located in retail and
commercial complexes should be measured on
a GLAR basis. Measurement should include the
foyer, box office, concessions sales areas, toilets,
rojection area and
cinema auditorium area. The seating capacity
and cinema screen numbers is usually part of the
market analysis.

To be measured in accordance with the GLAR

Method. The building area should include vaults
and substantial masonry walls.

6.3

Carparks (Commercial) [GBA]

To be measured on GBA basis. It is desirable to
provide a separate break-up of the parking bays/
vehicle circulation area and the service areas (office
toilets and amenities). The parking bays/vehicle
circulation can be analysed on the number of cars
to gross floor area to show the efficiency ratio (e.g.
1 space to 28 sq.m of gross floor space). Where
ther
on the total gross floor plate area.

Backpacker Hostels [GBA]

To be measured using the GBA method. It is also
desirable to show both the number of rooms and
beds in the description, and indicate whether
there is a manager s residence or room, number
of bathrooms (showers, toilets per bed), kitchens,
living room, laundry area.

6.2

it is part of a larger hotel operation, it should be

measured using the GBA method.

Unenclosed Covered Area [UCA]

6.9

Industrial [GLA]
To be measured using the GLA method

6.10 Liquor Stores [GLAR or GBA]

If the liquor store (same as bottle shop) is a
stand-alone property it should be measured in
accordance with the GLAR method. However, if

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A N Z R E A L P R OP E R TY G UI D A N C E N OTE 4

it is part of a larger hotel operation, it should be

measured using the GBA method.

glass wall under main roof

o

Timber, cement sheet, iron or

glass wall under skillion roof

66%

Unlined timber framed walls

33%

6.11 Motels [GBA]

To be measured using the GBA method. It is
desirable to show separate areas for the following:
o

Managers Residence

Office and Back of House

Motel Rooms

Restaurant

Facilities (games room, pool, etc)

Main Structure- Timber or Steel Framed

o

(with external cladding such

as timber, cement sheets, etc)

Solid construction under main roof

Solid construction under skillion roof

100%
75%

General (masonry, timber or steel framed)

(Market analysis is usually on a per room and/or

per bed basis.)

6.12 Nursing Homes & Hostels [GBA]

To be measured on a GBA basis. It is desirable to
show separate areas for the following:
o

Wards (including approved and actual number

of bedrooms/beds)

Managers Residence

Offices

Garages

Porch under main roof

33%

Verandah under main roof

33%

Verandah not under main roof

but true to style

25%

Extensive Verandah (e.g. homesteads)

20%

Galvanised Iron verandah

attached to dwelling

0%

Car Parking - (Dwellings Only)

o

Garage under main Roof

66%

Basement Garage and under

main roof

66%

Parking Spaces Facilities and common area

33%

(A market analysis may also show a component

break-up based upon the various levels of care.)

Carport under main roof with

brick pillars or timber posts

Carport under main roof with

parapet wall

50%

Skillion galvanised iron or timber

post carport attached to dwelling

0%

Space under elevated house

0%

6.13 Offices [NLA]

To be measured using the NLA method.

6.14 Residential (Houses, Units, Town

Houses, Flats)
1. [GBA]
Residential property is generally measured on a
GBA basis (non strata) or SA (strata) basis where
there is a registered strata plan. Investment flats
which are not on strata title are usually shown on
a GBA basis.
or 2. [EMA]
For the purpose of analysis or costing, the GBA can
be converted to an Equivalent Main Area (EMA)
using the example percentages shown below:
Main Structure - Masonry

(example only)

Solid construction -under main roof

Solid Construction -skillion roof

75%

Timber, cement sheet, iron or

75%

ANZ RP GN 4 MET HODS OF MEASU REMEN T

100%

These percentages may vary between States

and Territories and from region to region due to
variations in relative costs.

6.15 Restaurants [GLAR or GBA]

If a restaurant is a stand alone operation it should
be measured in accordance with the GLAR
method. However, if it is an integral part of a
larger hotel operation, it should be included in the
measurement of the hotel using the GBA method.

6.16 Retirement Villages [GBA]

To be measured showing separate areas for the
following:
o

Residential units

Garages

Managers Residence

11.4 .5

A N Z R E A L P R OP E R TY G UI D A N C E N OTE 4

Offices

Facilities and common areas

6.18 Service Stations [GLAR]

6.17 Rural Buildings [GBA]

Rural buildings should generally be measured on a
GBA basis. Note homesteads should be measured
in accordance with the residential guideline. In
addition the following information may be used as
a further unit of description/comparison.

Type

Additional Unit Of
Description/Comparison

Air Strips

Length

Bore

Flow rate (litres per second)

Broiler Sheds

Bird Capacity (number of mature

birds accommodated comfortably)

Dairies

Capacity Per Head at any one point

in time

Service stations are generally to be measured in

accordance with the GLAR method. However,
some larger service centres may need to be broken
into other categories as follows:
Office

NLA Square Metres.

Workshop

GLA Square Metres.

Number of Work Bays.

Other

Number of Pumps

Canopies

Covered Roof Area Square

Metres

Tanks

Number and volume in litres

Hardstand/Parking

Square Metres

6.19 Shopping Centres, Shops (Strip

shops, In commercial Buildings, semidetached, terraces) [GLAR]
To be measured using the GLAR method.

Dams

Volume (per cubic metres)

Showrooms [GLA]

Fruit Drying Racks

Length (and Capacity)

To be measured using the GLA method.

Grain Storage Sheds

Capacity (Tonnes)

Supermarkets (Freestanding) [GLA]

Grain Silos

Capacity (Tonnes)

To be measured using the GLA method.

Haysheds

Expressed as either square or round

bale capacity

Warehouse [GLA]

Homestead

See definitions in Residential

Piggeries

Capacity Per (Lactating) Sow at

any one point in time

Pipelines

Length (in metres) and Diameter

(express in mm)

Shearers Quarters

Number of Shearers plus Cook

accommodation

Shearing Sheds

Number of Stands or Per Head

Basis

Stables

Number of Stalls i.e. individually

subdivided stalls

Stock Yards

Maximum capacity ie, the number

of head (cattle or sheep) the yards
could hold & remain workable and
/or number of panels/rails within
each panel

Tanks

Volume in Litres Capacity

To be measured using the GLA method

Winery SS Store Litres

Winery Barrel Store

Barrel Capacity

Windmills

Diameter (windmill head) &

Height (of Tower)

11.4 .6

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11. 5

A N Z R E A L P R OP E R TY G UI D A N C E N OTE 5

A NZR P GN 5 FEA S IBIL IT Y S TUD IES

describing the project in all respects and it should
include a financial feasibility, using either a static
analysis, dynamic analysis or discounted cash flow
method of analysis.

This Guidance Note is divided into three parts:

o

Part A - Approach

Part B - Report Contents

Part C - Worksheets

1.5

PART A --- APPROACH

Static Analysis - With this approach costs are

generally summated as at the date of completion
of the project and income is assessed as at the
same date with allowances for vacancies and
letting up periods. This is the less complex financial
analysis which is suitable for preliminary feasibility
studies and for calculating profit and risk or land

1.0 Introd uction

1.1

Purpose
The purpose of this Guidance Note is to provide
Members with a framework in which to conduct
and prepare feasibility studies and determine the
viability of undertaking development of real estate.

1.2

1.3

1.6

Dynamic Analysis
Dynamic Analysis --- allows for potential movements
in prices and costs over the period of the
development.

1.7

Discounted Cash Flow Method

Discounted cash flow method - With this
approach, both costs and income are assessed over
an appropriate time period and then discounted
back to present value, generally being the date
of the commencement of the project. This is the
more complex financial analysis that should include
interest rate calculations based on a 100% funded
basis (an equity basis may also be included if
required).

Scope of this Guidance Note

This Guidance Note covers the preparation and
collection of relevant information, the evaluation
of development potential, the estimation
of development costs, the valuation of the
development on completion and the profit margin
and rate of return. It should be used in conjunction
with other guidance notes and Practice Standards,
which are either over-arching or directly applicable
to the type of property, purpose or issues involved.

1.4

prices or costs during the period of development.

Status of Guidance Notes

Guidance notes are intended to embody
r
refore may
(although this should not be assumed) provide
some professional support if properly applied.
While they are not mandatory, it is likely that they
will serve as a comparative measure of the level
of performance of a Member. They are an integral
part of the Valuation and Property Standards
Manual.

Static Analysis

1.8

Terminology and Principles

The terminology used in this Guidance Note
generally reflects commercial development
schemes for investment purposes, but the
principles apply equally to owner occupied
schemes, to residential developments and
developments for other non-commercial uses.

Feasibility Study
For the purpose of this Guidance Note, a
rocess of undertaking an
assessment to identify the opportunities and risks
of a property development project and to estimate
the projected costs, revenues and profit potential
of the project. This Guidance Note assumes the
feasibility study to be in a full report format, clearly

ANZ RP GN 5 FEASI B ILIT Y STUD IE S

2.0 General Considerations

2.1

Choice of Comparables
The preparation of a feasibility study generally
relies on comparison of unit costs and rates from
similar development schemes which are then
applied to the particular development to be

11.5 .1

A N Z R E A L P R OP E R TY G UI D A N C E N OTE 5

analysed. In using this approach, reasonable care

must be taken in the choice of comparables to
ensure that unit rates for other schemes do not
reflect particular circumstances (e.g. exceptionally
poor ground conditions, grossly different building
specifications, different planning constraints).
Equally, particular circumstances pertaining to the
feasibility study being prepared should be carefully
considered and reflected in the feasibility analysis.

2.2

Number of Variables
In preparing a feasibility study, the number of
variables to be considered is large and the Member
should be aware of the errors which may arise
from using comparable transactions which require
a significant number of adjustments. If an attempt
is made to adjust for too many variables, the
usefulness of the comparison may be destroyed.

2.3

Discuss Client s Requirements

Before proceeding with the feasibility study, the
Member should discuss and confirm the client s
requirements to formulate the brief, i.e. obtain
full and proper instructions from the client as to
the extent of the feasibility study, the scope of
the development and the scope of services to be
provided by relevant parties

3.2

Concept Plans
The concept plans of the proposed development
on which the feasibility study is based need to be
clearly agreed with the client.

3.3

Changes to Scope of Development

During the feasibility study, information may come
to hand which justifies changes to the scope of the
development. Any changes in scope or changes in
assumptions applicable to the feasibility study must
be agreed in writing with the client.

4.0 Method olog y

Purpose of Feasibility Study

Any feasibility study to establish site worth that
takes account of the client s specific circumstances
cannot purport to be an open market assessment.
There is an important distinction between an
assessment for the purpose of establishing Market
Value and one carried out for specific purposes
(e.g. to determine how much to bid for a site). The
Member should ensure that the instructions are
clear as to the purpose of the feasibility study

2.6

3.1

Sensitivity Analysis Using Alternative

Assumptions
The Member should state clearly the assumptions
made and should be in a position to justify them
by reference to evidence, research and sound
reasoning. If a particular variable cannot be
assessed objectively, it will often be appropriate
to undertake and provide a sensitivity analysis
demonstrating the results that would flow from
using alternative assumptions for that variable.

2.5

3.0 Agreeing Scope of the

Feasibility Study w ith the
Client

Time and Program Constraints

In large, phased schemes the Member should
have regard for time and program constraints
and should make use of discounted cash flow
techniques if appropriate.

2.4

If the instructions permit, it may be preferable to

indicate a range of values. In any event the
Member should ensure that the client is aware of
the limitations of the residual valuation process
for development property and should indicate
the areas in the calculation carrying the greatest
sensitivity.

4.1

Elements in a Feasibility Study

This and the succeeding paragraphs of this
Guidance Note focus on the individual elements in
a feasibility study.

4.2

Stages in Study
The stages in undertaking a feasibility study may
be summarised as follows:
o

obtaining written instructions agreeing the

scope of the development with the client
including pre or post taxation assessment and
depreciation considerations;

preparation and collection of information;

evaluation of development potential;

Limitations of Residual Valuation

Process
The Member should, therefore, be wary of
presenting the estimate of site worth arising from
a residual valuation approach pertaining to a
feasibility study as a precise statement of value.

11.5 .2

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A N Z R E A L P R OP E R TY G UI D A N C E N OTE 5

4.3

estimating development costs;

access;

assessing value on completion; and

party wall, boundary and rights of light issues;

determining profit margin and rate of return.

ground conditions and evidence of

contamination;

availability and assessment of services;

main drainage, water, gas, electricity and
telephone;

any evidence of the existence of rights of way,

easements, encumbrances, open water
courses, mineral workings, filling, tipping, etc;

any matters which will affect the cost or

practicality of the construction process (e.g.
poor access, cramped site conditions);

sources of all relevant material used to

establish underlying assumptions, e.g.
building plans and specifications provided by
building consultants.

Guidance Note Not Exhaustive

This Guidance Note should not be taken as
exhaustive and the Member is responsible for
ensuring that all relevant factors are taken into
account. The Member should retain satisfactory
records to support assumptions made and data
used in the evaluation process, to pr
rove necessary to justify the results.

4.4

Level of Detail
The level of detail which is practical, when
assessing development potential and costs,
will vary according to the circumstances of the
feasibility study. This Guidance Note assumes
that a comparatively high level of accuracy is
to be achieved. The Member will need to make
a judgement (perhaps in consultation with the
client) as to what is appropriate in each case.
If information obtained from other consultants
or experts (architects, quantity surveyors,
leasing agents, valuers, etc) is relied on, the
Member should identify the source and state the
information on which he or she has relied.

If any of this information is unavailable or cannot

reasonably be obtained, the Member should state
what assumptions have been made.

5.2

In brief, the Member should investigate the

following factors which may affect value and the
practicality of development:

5.0 Preparation and Collection

of Inform ation
5.1

Third Party Interests

the extent and nature of the client s interest in

the project;

other interests in the property (actual or

implied by law) including leases and other
rights of occupation; and

easements, restrictive covenants, rights of

way, rights to light, drainage or support,
registered charges, etc.

The Development Site

Inspection will familiarise the Member with the
subject property and will establish a strong visual
reference to any matters which affect either value
or cost. In the case of development properties,
referencing should include, where relevant and
practical, the following:
o

drawings showing the buildings or site, or

measurement of site or buildings to
ascertain frontage, width, depth and built
measurements;

shape of site and ground contours;

plot ratio and site density evaluation;

existing building height and that of adjoining

properties;

efficiency of existing building (if to be

retained);

ANZ RP GN 5 FEASI B ILIT Y STUD IE S

5.3

Planning and Other Statutory

Requirements
The Member should investigate a range of issues
relating to planning permission and policy and
statutory controls.

5.4

Planning Permission
A feasibility study may be requested on the basis of
an existing planning permission. In other
circumstances, it will be necessary to form a view
as to the best permission of which there is a
reasonable prospect, and the cost of complying
with any planning agreements likely to be required
in order to secure the permission. Depending

11.5 .3

A N Z R E A L P R OP E R TY G UI D A N C E N OTE 5

on market conditions, it may be appropriate to

discount the site value to reflect the risk of not
obtaining such permission and/or the delay that
might be caused if it were to prove necessary
to appeal against refusal or the imposition of
conditions.

5.5

preparation and agreement with client of

concept plans for the proposed development;

the pre-contract period; site assembly,

obtaining possession, adjoining owner
negotiations, the planning process,
architectural and engineering design to the
required level, soil investigations, the building
contract tender period, etc;

the building contract, including demolition

and any necessary site preparation (it may be
appropriate to seek advice from a quantity
surveyor, engineer or architect); and

the post-contract period - usually defined as

the period up to the full letting or sale of the
completed development.

Planning Policies
Planning policies are also relevant in that they
control future additions to the supply of particular
types of building. They may, therefore, affect
the Member s opinion of the potential supply
of competing buildings and hence the letting or
sale period, future rental or price prospects and
investment yields.

5.6

Particular Issues
Particular attention is drawn to the following
issues:
o

current planning policies, i.e. zoning/Planning

Area and use controls, affecting the subject
site and surrounding area. Normally, these
will be found in Regional and Local Authority
statutory plans; supplementary guidance
prepared by the local authority planning
officer or an independent Town Planner may
be appropriate and prudent;

any existing valid permission and related

conditions or reserved matters;

the requirements of any legally binding

agreements with statutory authorities;

any special controls that may apply, e.g.

heritage restrictions, heritage listing of
buildings, conservation area designation, tree
preservation orders;

permitted and non-conforming use approvals

relating to existing buildings (if to be
retained);

environmental protection legislation (e.g.

noise abatement, control of emissions,
requirements for asbestos removal);

building regulation requirements (e.g.

sprinklers, fire escape arrangements, etc); and

special/specific statues and regulations

affecting the particular type of development
proposed;

5.7 Development Program

An outline program will be required covering:

11.5 .4

6.0 Evaluation of Developm ent

Pote ntial
Optimum Balance Between Market and Potential
In order to evaluate the development options, the
Member will need to consider both the market
requirements for the proposed development and
the physical potential of the site and will need to
determine the optimum balance to maximise the
return. The Member should also consider whether
there is scope for enhancing the development
potential of the site by merging it with adjacent
land. Conversely, if it is necessary to acquire
adjacent land or rights over it (e.g. for access),
allowance will have to be made for the cost of
such acquisition. It must be recognised that, in the
absence of compulsory purchase powers, it may
prove very difficult or expensive (or perhaps even
impossible) to acquire such rights and the Member
should draw attention to such risks in relevant
cases.

6.1

Form of Development
The Member will need to make an accurate
assessment of the form and extent of physical
development which can be accommodated on
the site, having regard to the site characteristics
and the likelihood of obtaining permission. This
assessment may be undertaken in consultation
with appointed project consultants, such as
architects and quantity surveyors but, if this is
not possible, the Member will have to make an
independent assessment. The Member should take
into consideration and balance the requirements
of:

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6.2

comparable land sales. In some instances, the aim

of the feasibility study is to establish land worth by
calculating the residual land value after deducting
cost of development from value created. Land cost
should include ancillary costs such as purchase
fees, stamp duty, etc. If the development is to be
carried out in stages, the implications for the cash
flow and the various categories of cost should be
considered.

references for particular design

features, building layouts and specification;
requirements;

the time likely to be taken to produce the new

buildings, in relation to market requirements,
financing and cost; and

achieving a high efficiency ratio (net internal

area expressed as a percentage of the gross
external area) without unduly compromising
quality.

7.2

Costs incurred in obtaining vacant possession,

acquiring necessary interests in the subject site
or adjacent property, extinguishing easements
or removing restrictive covenants, rights of light
compensation, etc. The allowance should be
realistic, recognising the fact that the other party
will expect to share in the development value
generated by the site assembly.

Demand and Market Analysis

The Member will need to analyse the market,
both current and projected, for the proposed
new buildings, in order to provide his or her
best view of occupier demand for the alternative
forms of development that may be possible.
Such assessment requires an understanding of
economic, fiscal and social trends at national,
regional and local level, to the extent that they
affect occupier demand for specific types of
property at a time relevant to the date that the
completed development is due to be marketed.
Occupier demand will be influenced by many
factors, which are likely to include:
o

the location of the property;

access;

the availability of transport routes;

car parking facilities;

amenities attractive to tenants and/or

purchasers;

the size of the development in terms of

lettable packages;

form of development;

incentives that may apply currently or in the

future that may affect the viability of the
project; and

market supply, including actual or proposed

competing developments.

7.3

Land Cost
The land cost should generally be established
by reference to actual cost or by reference to

ANZ RP GN 5 FEASI B ILIT Y STUD IE S

Building Costs
Estimated costs relating to the construction of the
buildings, which should include preliminary survey
and investigations, soil testing, demolition,
temporary protection and enabling works,
hoardings, public utility works, diversion of
services, works to adjoining sites, other interested
ion works, highway
improvements, etc.
The accuracy with which costs can be assessed will
vary greatly with circumstances. Members should
be awar
estimate costs will compromise the accuracy of the
building cost estimate. Ideally, an estimate should
be prepared by a quantity surveyor.
A decision has to be made as to whether to adopt
a projected out-turn cost (i.e. including increases
due to inflation, comparable to a fixed price
(i.e. comparable to
the initial contract sum in a fluctuating price
building contract). It may be necessary also to
consider the effects of any time lapse between
the valuation date and the likely placing of the
building contract. For further comments on this
see 8.0 below. In general, it is advisable to consult
a quantity surveyor if any projection of costs is
contemplated.

7.0 Estim ating Developm ent

Costs
7.1

Site-Related costs

7.4

Professional Fees and Expenses

The costs relating to the appointment of
professional consultants to secure procurement of
the building. The number and type of consultants,

11.5 .5

A N Z R E A L P R OP E R TY G UI D A N C E N OTE 5

and nature of their appointment, will depend

upon the building procurement method chosen.
It will normally include an architect, a quantity
surveyor and a structural engineer with additional
specialist services being supplied as appropriate by
mechanical and electrical engineers, a landscape
architect, traffic and civil engineers, an acoustic
consultant, a project manager and others. More
specialised disciplines may be required depending
on the nature of the development and allowance
for these should be reflected in the assessment
of fees. Expenses and costs excluded under the
normal conditions of appointment should be
added where necessary (e.g. models, printing).
Fees vary significantly according to the size and
nature of the project and the Member should take
care to reflect current fee levels for the type of
project envisaged.

7.5

Letting Expenses
The costs to be incurred in securing tenants for
the completed buildings, generally comprising
romotion costs (possibly
including a show suite). An allowance should be
included where necessary for capital contributions
or other inducements needed in order to secure
lettings, unless these are discounted in the letting
terms assumed.

7.6

Legal Costs and Fees

Costs incurred for legal advice and representation
in connection with such matters as site acquisition,
town planning, building contract matters,
occupational leases (unless assumed to be
recoverable from the tenant) and raising finance.

7.7

Planning and Building Regulation Cost

The cost of securing planning permission
(development approval), a building licence and
concluding any agreement under relevant Town
Planning Acts. It may be appropriate to allow for
a model and the cost of a planning appeal if one
seems likely.

7.8

Cost of Raising Finance

Costs related to the raising of development
finance, including professional fees for monitoring
draw-downs vis a vis construction progress.

7.9

Holding Costs
The total attendant costs (excluding interest) in
holding the completed building up to the assumed
date of letting, including such items as insurance,

11.5 .6

security, cleaning and fuel (or a proportion of the

service charge on partly let properties) together
with rates and taxes.

7.10 Sale Costs

Costs to cover the developer s sale fees (agents
and legal costs) if the sale of the completed
development is intended or assumed. The costs
of the purchaser are usually allowed for in the
valuation of the completed development, but
forward sale agreements may contain different
provisions.

7.11 Interest Charges

Interest charges reflecting the actual or assumed
financing arrangements for the development
and the projected program during the precontract, contract and post-contract stages. For
the purposes of the development appraisal, it is
usual to make an allowance for short-term finance
during the development period on the assumption
that the completed and fully let development will
be sold or long-term finance will be obtained on its
transfer to the developer s investment portfolio.
It is normal for interest to be treated as a
development cost up to the assumed letting date,
unless a specific forward sale agreement dictates
otherwise. Appropriate assumptions will have
to be made regarding cash flow and the rate of
draw-down. The rate of interest adopted should
be based on realistic assumptions both as to the
finance market and the status of the developer
(whether the Client or a hypothetical purchaser).

8.0 Value
if
Date of

and

Capital V
Income
The Member may require the services of a qualified
valuer for this aspect of the feasibility study,
depending on the nature of the study and the
parties for whom it is intended. Depending on the
profit criterion used (see below) it will be necessary
and/or the net rental income likely to be generated
by the completed development. In addition to the
usual considerations relevant to such valuations,
particular issues arise which are peculiar to
development schemes.

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A N Z R E A L P R OP E R TY G UI D A N C E N OTE 5

8.1

If a capital value is required, it is normal to assume

that the building is let and income producing, due
allowance having been made in the assessment
of development costs for the expenses incurred
in achieving the letting(s) and for the finance and
other costs of holding the property during the
letting period. Rent-free periods granted under the
lease are dealt with variously, e.g. by continuing
interest charges on the development costs, by
tr
or by taking account of the rent-free period in
the valuation of the completed development. The
Member should be aware that the appropriate
approach towards voids and rent-free periods
may be dictated by financing or forward-sale
agreements and should seek information from the
Client where appropriate. If the objective of the
feasibility is to make an open market assessment
of capital value, the appropriate approach would
be to take account of rent free periods in the
valuation of the income stream likely to be
generated by the development.

8.2

Sensitivity Analysis
The Member may wish to present an appraisal
based on provable values with a sensitivity
analysis to show the effect on profit of differing
assumptions as to the future rent and yield.
The Member should aim to assist the Client
in assessing the likely value on completion, by
reference to present and future market trends
and likely shifts in supply and demand. Wherever
possible, the treatment of these issues should be
discussed with the Client.

8.4

8.5

Potential Changes in Rental Values,

Yields and Costs
The treatment of potential changes in rental
values and yields, may be influenced by the

ANZ RP GN 5 FEASI B ILIT Y STUD IE S

Estimated Value at Date of Completion

It should be noted that the estimated value
on completion should not be discounted back to
the valuation date. The inclusion of interest
charges within the development cost makes the
completion of development the date at which cost
and value are to be compared.

8.6

Take Account of Delay

Unless the development has been pre-let and/or
pre-sold on fixed terms, the Member will not only
have to make those normal assumptions which are
required in every vacant possession case, but will
have also to decide how to take account of the
delay between the date of the study and the date
on which the eventual letting is expected to take
place. The Member should have regard for market
conditions at the date of the study and the factors
that may cause changes in the future, e.g. supply
and demand, inflation, interest rates, etc.

8.3

extent to which potential cost changes are also

reflected, particularly the effect of inflation on
building costs, but also likely changes in interest
rates. Rather than attempt forecasts, it may be
appr
rent rent, curr
approach, but it is advisable to accompany this
with a sensitivity analysis to show the effect on site
value of differing assumptions as to future rents,
yields and costs. In any event, unless the Member s
instructions specify the basis to be adopted he
or she should familiarise himself or herself with
common practice at the time of the valuation and
adopt a method of valuation, which is consistent
with market conditions.

Capital Value

Distinction
V
reflects the anticipated value of the project
at the time the project is actually completed.
which assumes the project to be complete at
the date of the assessment or feasibility study.
It is appropriate to clearly state which basis the
assessment has been made on and to provide an
appropriate explanation (as well as assumptions
and limitations).

9.0 Profit Margin and Rate of

Retur n
9.1

Profit as a Percentage of Total

Development Cost
When using the residual method to establish the
development site value, it is usual to assume that
the developer will seek a capital profit expressed
as a percentage of the total development cost
(including interest) or of gross development
value. This derives from the traditional financing
arrangement whereby the development is sold
on completion to a long-term investor. It is also
common practice for development companies,
which retain completed schemes in their
investment portfolios to judge the success of
a scheme in terms of the enhancement of the

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A N Z R E A L P R OP E R TY G UI D A N C E N OTE 5

balance sheet (net asset value) rather than the

profit and loss account (income).

9.2

Other Criteria

up interest or loss of rent) without suffering an

overall loss on the scheme.

9.8

If an appraisal is carried out in the course of

advising a Client, it will be appropriate to seek
instructions on both the nature of the criteria to
be adopted and the critical value, which, to that
Client, represents the transition from non-viable
to viable. Where this guidance is not available,
the Member will have to exercise his or her own
judgement, based on experience.

There are, however, other criteria that are

sometimes adopted, whether as a substitute for
profit yield or as an additional test of profitability.
These include:

9.3

Initial yield on cost

The net rental return calculated as the initial full
annual rental on completion of letting expressed
as a percentage of the total development cost.
This criterion may be significant in establishing
whether the developer could service a long-term
mortgage loan, or for evaluating the effect of
the development scheme on the profit and loss
account of a company.

9.4

Cash-on-cash (or Equity Yield)

The capital uplift or (more usually) net income
(after interest charges on any long-term mortgage
loan) expressed as a percentage of the long-term
equity finance provided by the developer.

9.5

Discounted Cash Flow Methods

The income stream is projected with explicit
assumptions about rental growth and end sale
value and discounted back to a net present value
(NPV) using an appropriate discount rate. The
scheme is deemed viable if NPV exceeds the
total development cost. The discount rate should
include an allowance (profit margin) for the
management requirements and risk of investing
in a development project rather than an existing
fully let property. This approach is particularly
appropriate for large, phased schemes.

9.6

Internal Rate of Return

The discount rate that equates the present
value of the net cash flows of a project with
the present value of the capital investment.
It is the rate at which the Net Present Value
(NPV) equals zero. The IRR reflects both the
return on the invested capital and the return
of the original investment, which are basic
considerations of potential investors.

9.7

Transition from Non-Viable to Viable

9.9

Capital Profit Test or Alternative

Criterion
Traditionally, the capital profit test has been the
most widely used. However, the Member should
acquaint himself or herself with common practice
among developers and should be prepared to
consider and, if appropriate, adopt an alternative
criterion if experience shows it to be in wide use.

9.10 Developer s Level of Profit

The level of profit to be assumed in the appraisal
cannot be specified as a standard, as market
requirements will vary from time to time having
regard for the nature of the development.
Evidence may be deduced (possibly with difficulty)
by analysing transactions, but is better obtained by
firstrequirements.

9.11 Appropriate Profit Influenced by Risk

Profile
In any event, it must be recognised that the
appropriate profit to be expected from a particular
development will be influenced by a number of
factors, which might lead to a departure from the
general risk profile (e.g. whether or not rents and
cost are inflated, whether the interest rate is fixed,
whether the scheme is pre-let or pre-sold) but also
relevant will be the scale of the development, the
amount of financial exposure and the time scale.

Amount of cover
The extent to which the rent or sale price can be
reduced, or the letting or sale period extended
(often expressed as a number of months of rolled-

11.5 .8

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A N Z R E A L P R OP E R TY G UI D A N C E N OTE 5

PART B-REPORT
CONTENTS FEASIBILITY S TUD Y
CHECKLIST
It is recommended that a feasibility study report make
reference to the following checklist of items. There may be
circumstances where not all headings need to be included
in the report, but the Member should be satisfied that
the omission of a section will not mislead or distort the
findings of the feasibility study.
Basis of Appointment
o The person/party for whom the feasibility study is being
prepared.

o Comment on the local community and political

environment and the affect this could have on the
project.
o The requirements of any legally binding agreements
with statutory authorities.
Existing Improvements
o A detailed description of any existing improvements
including any compliance problems with the Building
Code of Australia (NZ Building Act 2004) and statutory
authorities.
o Any comments in relation to demolition, site access,
cramped site conditions, etc.
Environmental Audit

o Details of the instructions including any special

conditions and/or assumptions.

o Full history on the types of uses the property has been

used for.

o The date and basis of the feasibility study.

o A detailed analysis of any contamination issues

including Environmental Assessment by an independent
consultant where available. Reference should also be
made to the Institute s Guidance Note GN15 Reporting
on Contaminated Land.

o The purpose of the feasibility study.

Land Description
o Title details (including title searches).
o Registered proprietor.

Evaluation of Development Potential

o Encumbrances.

o Market potential (supply and demand).

o Lease details.

o Physical capacity of the site.

o Details of any options, conditional contracts, etc

o Planning controls on the site, e.g. plot ratio, car-parking

controls.

Location
o A general description of the location of the property,
transport, shopping, etc.
o Surrounding development and land use.
o Special features such as views, etc.

o Potential for merging with adjoining sites.

Proposed Development
o Detailed description of the proposed development,
which is the subject of the feasibility analysis.

Site Details

o Details of any development approvals, building

approvals, subdivision plans, etc.

o Dimensions.

o Comments on proposed Design and Finishes.

o Area.
o Services (water, sewer, drainage, electricity, gas, and
communication) detailed analysis of the availability and
location of services, relevant authorities, any special
problems, etc.

Development Program
An outline program will be required covering:
o Concept approval by client.
o Site Assembly.

o Geo-technical, filled ground, landslip.

o Design documentation.

o Flooding.

o The building contract period.

Planning and Other Statutory Requirements

o Details of current zoning/planning area and allowable
uses under statutory planning legislation.
o Details of any existing planning approvals on the site.
o Detailed analysis of all relevant planning requirements
affecting the proposed development.

o Period for letting up or sale of completed development.

Demand and Market Analysis
o General economic influences.
o Market supply, including actual or proposed competing
developments.
o Historic and projected demand.

o Heritage details (if applicable).

ANZ RP GN 5 FEASI B ILIT Y STUD IE S

11.5 .9

A N Z R E A L P R OP E R TY G UI D A N C E N OTE 5

Estimating Development Costs

Sensitivity Analysis

o Land cost.

The Member may carry out a sensitivity analysis to test the

financial assumptions. The results of the sensitivity analysis
should be clearly set out in this section of the report.

o Site-related costs.
o Building costs.
o Professional fees and expenses.

Conclusion and Recommendations

o Legal costs and fees.

The Member should summarise the results of the feasibility

analysis in terms of the original brief and instructions.

o Planning and building regulation costs.

Sample Disclaimers

o Cost of raising finance.

The following disclaimers are illustrative samples for

consideration for inclusion in any Feasibility Study report.

o Letting expenses.

o Site holding costs.

o Sale costs.
o Interest charges.
Income Estimate
o Assumed letting up period.
o Rents.
o Tenancy incentives, e.g. rent free periods, etc.
Capital Value Estimate
o Capitalisation rates (static analysis).
o Discount rate (discounted cash flow analysis).
o Comparable market evidence.
Profit Margin and Rate of Return
o Developer s risk and profit margin.
o Initial rental yield on cost.
o Return on capital.
o Capital Profit (cost vs value created).
o Internal Rate of Return.
o Comparison with normal market returns.

It must be recognised that the real estate market and

building industry fluctuate with market forces. The results
of this feasibility study are based on the information
available as at the date of this report and the assumptions
stated in this report. Reliance after an extended period
from the date of this report or reliance on the findings of
this report for modified development plans should only be
made after written confirmation that it is appropriate to
do so by the Author.
Information furnished by others, upon which all or
portions of this report are based, is believed to be reliable
but has not been verified in all cases. No warranty is given
as to the accuracy of such information.
This report is for the use only of the party to whom it
is addressed ........... (instructing party nominated) and
is for ......................... (reason for the feasibility study)
purposes and no other purposes. Under no circumstances
will responsibility be accepted to any third party who
may use or rely on the whole or any part of the contents
of this feasibility study. Any third party wishing to use
this report should obtain prior written approval from
............................ (name of author or firm preparing the
report).
Attachments
o Feasibility Checklist
o Financial feasibility.
o Development approvals and plans.
o Title searches.
o Planning certificates.
o Surveys (building and site).
o Services diagrams (sewer, etc).
o Any appropriate documentation supporting
assumptions.

1 1 . 5 . 10

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A N Z R E A L P R OP E R TY G UI D A N C E N OTE 5

DEVELOPMENT CHECKLIST
Item

HEADING

LAND ACQUISITION

Purchase Price

Stamp Duty

Legal Costs

Vacant Possession

Zoning/Planning Certificate (also see 21)

Services/ Sewer Water Diagram

Geo Technical Report

Title Searches/Easements

10

Contamination Report

11

Contract Special Conditions

20

TOWN PLANNING

21

Zoning/Planning Certificate (also see 6)

22

Local /Regional/State Environmental Planning Controls

23

Development Control Plans (FSR s. height, setbacks, etc)

24

Car Parking Code

25

Unhealthy Building Land Certificate

26

Sulphuric Soils Investigations

27

Flooding/Earthquake Investigations

28

Sewerage/Water Diagram

29

Heritage Local/Regional/State/National

30

STATUTORY AUTHORITIES

31

DA Fees/Construction Certificate/Occupation Certificate/Design Assessment

32

Contributions -Low Cost Housing//Parking/Community/Open Space/etc

33

Long Service Leave Contribution

34

Public Signage

35

Public Art Contribution

36

Footpaths, Kerbing & Guttering (Repairs & Replacement)

37

Water/Sewer/Drainage (Section 73 Sydney Water Approval NSW)

38

Power Authority Fees

39

Council Bonds (footpaths, etc)

Tick Box

(continued)

ANZ RP GN 5 FEASI B ILIT Y STUD IE S

1 1 . 5 . 11

A N Z R E A L P R OP E R TY G UI D A N C E N OTE 5

Item

HEADING

40

CONSULTANTS

41

Development Manager

42

Architect (Design, Documentation, Construction Supervision)

43

Interior Architect

44

Engineer- Structural

45

Engineer- Services (water, sewer, AC, hydraulic, lifts)

46

Project/Construction Manager

47

Quantity Surveyor

48

BCA Consultant

49

Principal Certifying Authority

50

Town Planner --- (Statement of Environmental Affects NSW)

51

Environmental Design Consultant

52

Heritage/Conservation Architect

52

Heritage (photographic record)

53

Acoustic Report

54

Surveyor Identification, Survey/Levels, Strata, Floor Areas, etc

55

Landscape Architect

56

Traffic Engineer

57

BASIX Certifier

58

Accessibility Consultant

59

Wind & Reflectivity Reports

60

Economic/Social Impact Statements

61

Archaeologist Report

62

Waste Management Plan (Construction/Operational)

63

Energy Audit Report

64

Demographics/Market Research Report

65

Management Operational Consultant/Report (hotels, backpackers, etc)

66

Model Maker

67

Feng Shui Report

68

Endangered Fauna & Flora

70

CONSTRUCTION

71

Demolition/Excavation/Hoarding

72

Construction Contract (Tender, GMP, D&C, Cost Plus, Const Mgt, etc).

73

Development Approval (Conditions)

1 1 . 5 . 12

Tick Box

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A N Z R E A L P R OP E R TY G UI D A N C E N OTE 5

Item

HEADING

74

Construction Certificate-conditions

75

Quantity Surveyor/Superintenant

76

Building Contract/Specification/Bill of Quantities/Cost Plan

77

Contingency (check QS report)

78

Rise & Fall/Escalation

79

Furnishings (Carpets, Blinds, etc)

80

GST (check if in QS figures)

90

FINANCE COSTS

91

Interest

92

Establishment Costs --- Senior Debt

93

Establishment Costs --- Mezzanine Debt

94

Line Fees

95

Legal --- Financier & Borrower progress payments

96

Valuation

97

Financial Planner

98

Insurance Broker

99

Construction Contract

110

ADMINISTRATION

111

Accounting

112

Legal- General

113

Operational Overheads

120

MARKETING

121

Advertising

122

Brochures, models, signs

123

PR, Research & Consultants

124

Display Suite

125

Launch Event

130

SELLING COSTS

131

Sales Commissions

132

Legal Costs

133

Leasing Commissions

Tick Box

(continued)
ANZ RP GN 5 FEASI B ILIT Y STUD IE S

1 1 . 5 . 13

A N Z R E A L P R OP E R TY G UI D A N C E N OTE 5

Item

HEADING

134

Incentives

135

Rental Guarantee on sale

136

Cost of Issuing New Title

140

HOLDING COSTS

141

Council rates

142

Water Rates

143

Land Tax

144

Insurance

145

Security

146

Repairs & Maintenance

147

Cleaning

148

Property Management

150

GST

151

New Residential Projects

160

INCOME

161

Sales Income

162

Rental Income

Tick Box

Notes:
1.

Feasibility usually carried out on a pre-tax basis (i.e. excluding depreciation allowances, etc)

2.

GST is usually shown as a cost for new residential projects (check if the margin scheme approach is applicable)

1 1 . 5 . 14

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Part C-Worksheets
Feasibility Studies
This section has been drawn from Rawlinsons Australian
Construction Handbook, and is reproduced with
permission.
The purpose of feasibility studies is to calculate the return
that will be derived from a particular project.
The return can be expressed as an annual percentage
return or as a terminal percentage return. An annual

ANZ RP GN 5 FEASI B ILIT Y STUD IE S

percentage return will be used where the project will be

generating rent for the owner, while a terminal return is
used when the project is to be sold.
The calculated returns are important only for comparisons,
i.e. to compare one project with another or to compare
one project s return with the return that would be
achieved by investing elsewhere.
The following pro-forma represents a suggested set out to
calculate the return. Item 3.0 is shown in alternative forms.
The first alternative is applicable to an annual return and
the second to a terminal return.

1 1 . 5 . 15

A N Z R E A L P R OP E R TY G UI D A N C E N OTE 5

1.0

PRIMARY INFORMATION

Site Area

sqm

Frontages

Gross Floor Area

sqm

Net Rentable Area

sqm

Parking Provision

No

Land Purchase Price

Building Cost

Vacant Possession Costs

Preliminary Sketch Plans

Months

Development Approvals

Months

(Design Development Stage) to calling of Tenders and

including Bill of Quantities)

Months

Calling Tenders and Awarding Contract

Months

Construction Time

Months

(Cars)

2.0 CAPITAL EXPENDITURE

LAND COSTS

Purchase Price
Stamp Duty @
Plus

% on first $

% on remainder

Legal Costs
Vacant Possession Costs
Soil Tests
Land Surveyor s Fees

BUILDING COSTS
Demolitions
Contract Price
Architects, Engineers & Consultants Fees
Project Management Fees
Quantity Surveyors Fees
Local Council & Planning Authority Fees
=
C/fwd

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2.0 CAPITAL EXPENDITURE (continued)

$ Per Annum

$ B/fwd

RATES AND TAXES

Council Rates @
Land Tax @

in $

in $

on the relevant value

on the relevant value

Water
Sewerage
Drainage

(+ 12)

= $

Planning and Construction Time (

) months

per month

months

=
ADD
Interest (@

% per month simple)

On Land Cost
On Rates and Charges
On Building Costs

SUNDRY COSTS
Owner s Moving Expenses
Furnishing
Market Studies
Advertising and Signs
Premises Department s Costs
Owner s Overhead Expenses
Letting Agent s Fees @

Tenant Inducements
Contingency
TOTAL CAPITAL EXPENDITURE

=
$

Allow for G.S.T. on applicable

Items of the foregoing @ 10% G.S.T. refund for applicable clients/owners
As defined in TAXABLE on page 790 TOTAL EXPENDITURE INCLUDING G.S.T.

* NO ALLOWANCE FOR LIFE CYCLE COSTING

ANZ RP GN 5 FEASI B ILIT Y STUD IE S

1 1 . 5 . 17

A N Z R E A L P R OP E R TY G UI D A N C E N OTE 5

3.0

ANNUAL INCOME AND EXPENDITURE

INCOME
Car Parking

$
cars @

Ground Floor sqm

@$

Upper Floors sqm

@$

TOTAL ANNUAL INCOME

ANNUAL EXPENDITURE
Council Rates
Land Tax
Water & Sewerage Rates
Insurance combined @

Electricity to Public Areas

Garbage Removal
Caretaker & Cleaning @

per sqm

Window Cleaning
Security Service
Fire Alarm & Sprinkler Service
Lift Maintenance and Operation
AC Maintenance and Operation
Management Fees at Scale (say 4%) of total letting

PROVISIONS
Building Maintenance
Building Depreciation
Plant Depreciation
Vacancies - say

years @
years @

%
%

TOTAL ANNUAL EXPENDITURE

NET ANNUAL INCOME

ANNUAL RETURN =

Net Annual Income $

Total Capital Expenditure $

1 1 . 5 . 18

100

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A N Z R E A L P R OP E R TY G UI D A N C E N OTE 5

ALTERNATIVE
3.0 TERMINAL INCOME & EXPENDITURE

SALE PRICE

SELLING EXPENDITURE
Council Rates
Land Tax
Water & Sewerage Rates
Insurance
Security Service
Agents Fees
Interest

NET SALE PRICE

TERMINAL RETURN =

$
Net Sale Price - Total Capital Expenditure
Total Capital Expenditure

ANZ RP GN 5 FEASI B ILIT Y STUD IE S

x 100 =

1 1 . 5 . 19

THI S PA G E I S I N TE N TI ON A L LY L E F T B L A N K

1 1 . 5 . 20

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11. 6

A N Z R E A L P R OP E R TY G UI D A N C E N OTE 6

A NZR P GN 6 D UE D IL IGENCE
that such parties are fully informed regarding the
attributes of a particular property, and the risks
associated with a proposed transaction. Whilst
we have aimed to make the guidelines as
comprehensive as possible, they have been drafted
so as to provide no more than a checklist of points
and issues which ought to be considered in a
property transaction. (A checklist is included as
Annexure 1).

1.0 Introd uction

1.1

Purpose
The purpose of this Guidance Note is to provide a
guide to Members as to the due diligence process
which a prudent purchaser would undertake prior
to entering into a contractual obligation to acquire
a commercial property.

1.2

Status of Guidance Notes

1.6

Guidance notes are intended to embody

r
refore may
(although this should not be assumed) provide
some professional support if properly applied.
While they are not mandatory, it is likely that they
will serve as a comparative measure of the level
of performance of a Member. They are an integral
part of the Valuation and Property Standards
Manual.

1.3

1.4

1.7

Numerous Issues ....a checklist

These guidelines also aim to alert interested
parties to the numerous issues which ought to
be examined and addressed in order to ensure

ANZ RP GN 6 DUE D IL IGEN C E

Advice on Changes to the Law

Though efforts are made to keep guidance notes
current, advice should be obtained regarding any
changes to the law and practice in more recent
times.

Comprehensive and Probing

Investigation
These guidelines are intended to provide a guide to
the due diligence review process which a prudent
purchaser would undertake prior to entering into
a contractual obligation to acquire commercial
property. There is no single definition of due
diligence , although the expression is now in
common usage, particularly in relation to securities
law where a specific due diligence defence is
available to directors of companies in certain
circumstances. In general terms, however, a due
diligence exercise is taken to involve the type of
comprehensive and probing investigation which a
prudent adviser would bring to bear on the matter
in question.

1.5

It is not intended that these guidelines provide a

do-it-yourself checklist for property investors and
other relevant parties. Indeed, the numerous
issues set out in this document should alert users
of the guidelines to the necessity of engaging
a team of qualified professionals to undertake the
due diligence review. This team may include experts
such as valuers, land economists, structural
engineers, consulting engineers, solicitors,
architects, financial and taxation consultants,
quantity surveyors, urban consultants, etc.

Scope of this Guidance Note

This Guidance Note applies to Members
performing due diligence or involved in the
due diligence process in relation to commercial
property.

Necessity of Engaging a Team of

Experts

2.0 Valuation
2.1

General
Advice that may be obtained from a Valuer or
Member could include following matters.

2.2

Importance of Establishing Value

Any purchaser of property must, of necessity,
form a view as to what the particular property
is worth. Ultimately, one s assessment of value
will be a key factor in determining how much to
pay for a property or an interest in property and,
from the point of view of a vendor, how much to
accept for the sale of a property. Equally, the value
of a property will be of critical importance to a
lender who proposes to advance money against
the security of a property. Valuations may also be

1 1 . 6 . 21

A N Z R E A L P R OP E R TY G UI D A N C E N OTE 6

required for the purposes of financial statements,

for insurance purposes, and to assist in analysing
investment performance.

2.3

Appoint a Valuer to establish Market

Value
[Definitions - Market Value]
In order to obtain an expert and impartial
assessment of the value of a property, a suitably
qualified, experienced and (where required)
registered or licensed valuer (being a Member of
the Institute) should be appointed to prepare a
valuation of the property on an appropriate basis.
Usually, this will involve an assessment of the
property s Market Value which is defined by
the International Valuation Standards Committee
(whose definition has been adopted by the API and
PINZ).

2.4

2.5

comparable sales evidence

alternate investments

rental received / rental growth potential /

market rental levels

lease terms

types of tenants / financial strength

type of ownership - freehold or leasehold

supply and demand

economic factors / inflation rate / bond yields

supply and demand

discounted cash flow / target internal rate of

return - assumptions need to be made regarding:
o

required discount or target rate

rental income / future rental predictions

Forced Sale Price

covenant of the tenant(s)

On occasions, a valuation report may include

advice concerning the price that might be achieved
for a property in the circumstances of a forced
sale. Similarly, an assessment of the replacement
cost of a property may sometimes be required.

taxation / capital gains

outgoings

inflation

exit capitalisation rates

terminal value

forecast period

Valuation Methodologies
There are several valuation methodologies which
may be used in assessing the value of a property,
and different methodologies may often produce
different outcomes. It will often be appropriate
for more than one methodology to be considered,
and a valuer needs to form a view as to which
method or methods best suit the particular
property. Methodologies commonly used in valuing
a property are:
comparable sales - points to be considered
in relation to both the subject property and
comparables include:

best permitted development for the site

time required to obtain approvals, develop

and lease

development cost

future rental income

initial yield

location

development profit

size and type of the property

valuation on completion of development

lease and tenancy characteristics

rental income

summation method (direct comparison) - points to

be considered include

outgoings

land value rate

age and condition of the property and

building services

building value rate

potential for rental growth / redevelopment

comparable sales evidence

capitalisation of income (market and / or passing

rents) - points to be considered include:

11.6.2

hypothetical development (for development sites) assumptions need to be made regarding

(Note: Care should be taken with the use of this

method in relation to properties with investment
potential)

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A N Z R E A L P R OP E R TY G UI D A N C E N OTE 6

2.6

Contents of Valuation Report

Improvements

Although the contents of a valuation report will

vary depending on the type of property and the
purpose of the valuation, generally speaking, a
valuation will need to address the points listed
below:

description of improvements and materials

used in construction including, structure,
floors, service core, walls, roof

description of internal finish including, wall

finishes, ceiling finishes, floor finishes, doors

Basis of valuation

description of general accommodation

including, toilet facilities, tea rooms etc

commentary on age and condition of

improvements and building services including,
air conditioning, lifts, fire services, security
system, backup power supplies

Market Value

forced sale

replacement cost

Land and title

o

title reference

analysis of net lettable area

name of the registered proprietor(s)

compliance with current building regulations

identification of encumbrances such as

easements,

Environmental Issues

covenants etc

identification of registered leases

Tenancy details
o

description of all leases, licenses and

agreements including commencement date,
name of lessee / licensee, demised premises,
term / options, current rental, rent reviews,
lessee s obligations etc

commentary as to whether leases have been

executed

comparison of actual rentals and market

rentals

consideration of current and potential future

vacancy levels including timing and costs of
re-letting premises

Location of the property

o

description of location

commentary on access / public transportation

proximity to major commercial / retail centres

special features such as views, adjoining

developments

demographics

Site description and services

o

land dimensions and area

consideration of impact of future rent reviews

site accessibility

commentary on rental arrears

services

review of outgoings

site problems, ie. drainage, potential flooding,

apparent contamination, soil characteristics
etc

commentary on financial strength of tenants

detail current incentives / financial obligation

to tenants (ie. carpet, painting, fit out etc)

Town planning/Resource Management

o

2.7

Market Overview

current zoning (including restrictions which

may affect future potential of the property)

general market overview (including legal,

political, economic)

extent to which use constitutes a nonconforming use

overview of specific region in which property

is located

proposed amendments to planning scheme

development codes, site ratios, development

guidelines

both overviews would usually address factors

including:

demand and supply

transferable floor area issues

vacancy factors

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11.6 .
23

A N Z R E A L P R OP E R TY G UI D A N C E N OTE 6

rental movements

structural drawings

demographics / population growth

structural calculations

any other trends in the market

geotechnical report

other specialist reports such as wind

engineering, facade testing

shop drawings, particularly of performance

specified facades

construction quality control reports

any reports on building problems

warranties

Valuation Approach
o

rationale behind method or methods of

valuation

details of comparable sales and other market

evidence

reconciliation of the various valuation

approaches

Valuation
o

valuation amount and date

Building Code Compliance

note qualifications, assumptions and

disclaimers

3.0 Structure
3.1

General
Professional advice should be obtained on any
structure.

3.2

Engage Structural Engineer and others

A Structural Engineer should be engaged to
examine and report on the structural condition
of the property. It may be appropriate for a
structural engineer to be engaged together with
other specialist engineering disciplines and / or,
depending on the nature of the building, also an
architect. For example, on a high rise building with
a curtain wall facade, there would normally be a
need for an architect with specialist ability in this
technology to work with the structural engineer.
Clearly, the types of report required will vary,
depending on the size and nature of the subject
property.

3.3

Inspection of Property
o

Inspect together with building superintendent

(or other person familiar with maintenance of
the building)

Obtain information regarding problem areas,

maintenance program, any major
maintenance items (i.e. roofing replacement)
etc.

Inspection of tenant fit outs - do fit outs

comply with statutory requirements?

Talk to occupants

Design Criteria
o

Review basic design loads for different parts

of the building

Examine how design loads relate to codes and

industry standards, including floor live loads,
wind loads and earthquake loading

Co-ordination of Reports into one

Where a building is significant, it may be advisable
for an architect to co-ordinate all of the reports
from the various engineers into one Condition
Report . This report should not only identify
problem areas, but also provide an indication of
the cost to rectify and when rectification will be
required.

3.4

Review of documentation including:

o

11.6 .4

Durability
o

Report on durability problems, such as

rust staining, spalling of the surfaces, and
comment on implications and reparability

Comment on any potential durability

problems having regard to specification of
the materials, and known general industry
practices at the time of construction

Due Diligence Process

The Due Diligence process should involve:

as built architectural drawings

Advise on whether the structure meets

relevant building code or other legislation as
well as cost to upgrade the building to comply
(if viable)

Serviceability
o

Examine performance of structures in

delivering and maintaining a flat floor

AN Z VA LUAT I ON A ND P ROPE R T Y STAN DARDS

A N Z R E A L P R OP E R TY G UI D A N C E N OTE 6

Consider necessity for confirmation survey to

respond to signs of lack of flatness

4.3

A mechanical and electrical engineer should be

engaged to report on the status of the systems
within a building, such as:

Wear and Tear

o

Itemise all items of defect in the structure,

floor and wall finishes, and comment on
reparability

Exterior of Building
o

Review all exterior coverings

Report on condition of the roof and sealants

Report on availability of a building

maintenance unit (BMU)

Inspection of facade using BMU

Consider water penetration from all exterior

surfaces, both above and below ground

4.4

Building Interior
o

Report on finishes on the interior of the

building

Note presence of cracks in floor or wall

finishes, delamination of cladding, poor
performance of joint filling materials,
condition of tiles in bathrooms, floors and
walls, presence of cracks in masonry walls and
the like

Occupational Health and Safety

o

Asbestos survey

Mechanical and Electrical Engineer

heating, ventilating and air conditioning

systems

electrical systems

fire protection systems

hydraulics

lifts

communication

security systems

Report on Compliance and Cost to

Upgrade
The report should include advice as to the extent
of compliance with current regulations and cost
to upgrade to comply if systems are currently
inadequate.

4.5

Other Specialists May be Required

It may be appropriate for other specialists, such as
architects, quantity surveyors or building regulation
specialists, to also be engaged to report on these
systems.

4.6

Due Diligence Process

The Due Diligence process should involve:

4.0 Mechanical & Electrical

Cond ition

Review of documentation including:

4.1

4.2

architectural drawings

design drawings for each discipline:

General

heating, ventilating and air conditioning

The quality of building services is becoming an

increasingly important influence in the value of a
property.

electrical

fire protection

hydraulics

lifts

communications

security systems

specifications for each of the above disciplines

as built drawings for the above disciplines

maintenance manuals

maintenance reports and logs

information in relation to building outgoings

Condition of Building Services

The condition of building services is an important
factor to be evaluated by a purchaser of property,
as it will affect the demand for rental space and
the operational costs of the building, with a flowon impact on the value of the property. Indeed,
the quality of the building services is becoming
an increasingly important influence in the value
of a property, as tenants begin to appreciate
the benefits of a smart building in terms of
productivity and flexibility.

ANZ RP GN 6 DUE D IL IGEN C E

11.6 .5

A N Z R E A L P R OP E R TY G UI D A N C E N OTE 6

Inspection of Property
o

Inspect property together with building

superintendent or other party with experience
with the operation of the systems in the
building and understanding the maintenance
trends

Talk to occupants

Design Criteria - report on issues such as:o

air conditioning and heat loads (and after

hours capabilities)

power requirements

air filtration

location and maintenance of cooling towers

life safety systems including sprinkler systems,

ventilation for smoke removal, location of fire
fighting devices

structure, the nature of the title and the various

matters listed (GN 3: 5.4) that impact on use,
enjoyment and value. In the case of properties
which are leased, the legal due diligence process
also calls for a detailed review of the lease or
leases. Expert legal advice should be obtained in
each case. (Note: Legislation relating to property
varies from State to State).

5.2

The following ownership matters should be

considered:
Apart from ownership by an individual in his or her
own name, there are basically four legal structures
that may be used for property ownership, being:-

requirements

Installation - inspect the installation to ascertain:

o

consistency between the design and what has

been installed

quality of the installation works

simplicity of servicing the systems

years of operation

life expectancy (if appropriate, report on

replacement costs or costs of remedial works).

5.3

Review of as built drawings and maintenance

manuals to determine how well maintenance
and operation has been carried out

Inspection of maintenance records and logs

to ensure there has been regular systematic
maintenance of the various systems

Inspection of records relating to maintenance

of fire protection items, e.g. extinguishers,
hose reels, fire panels, evacuation systems, etc

Summary of maintenance contracts and

standard of service

company

trust (unit or discretionary)

partnership

joint venture (incorporated or unincorporated)

Joint Ownership

5.4
The selection of the wrong ownership structure
is likely to have serious implications in terms of
the taxation treatment of the investment and
costs involved in rectifying the situation may be
prohibitive as a result of the likely imposition of
stamp duty on the transaction. Accordingly, it
is extremely important that advice is obtained
from accountants or solicitors regarding the most
appropriate ownership vehicle.

5.5

Determining Ownership Vehicle

In determining the property ownership vehicle,
regard should be had to the following:o

income tax

capital gains tax (Australia)

ability to utilise income and capital losses

stamp duty (Australia)

transferability of shares / units

General

proposed level of borrowings

The legal aspect of the due diligence process calls

for a consideration of the issues relevant to
ownership of the property including the ownership

administration and management

liability of the beneficial owners

the number and type of beneficial owners.

5.0 Legal Due Diligence

5.1

In addition, where interests are being acquired

jointly by two or more parties, consideration needs
to be given as to whether the owners should be
joint tenants or tenants in common .

Operation and Maintenance

o

Ownership Structures

11.6 .6

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A N Z R E A L P R OP E R TY G UI D A N C E N OTE 6

5.6

Types of Title

Mortgages and charges

There are basically four types of title, each of

which is briefly described below. When acquiring
a leasehold interest, particular care needs to
be paid to the terms and conditions affecting
the leasehold, including the term of the lease,
restrictions on the use of the property, rights to
purchase etc.

Unpaid rates and taxes

Restrictive covenants

Easements (expressed and implied)

State Planning Agreements

Caveats

Torrens - This is the modern system of title

where a certificate of title issues in the name of
the registered proprietor showing all registered
interests. This category includes units in strata
developments.

Sewers and drains

Rules of body corporate (where applicable)

Leases

Confirm lettable floor areas (by reference to

an accepted method of measurement eg.
Property Council of Australia or PCNZ/PINZ)

Planning status (including rezoning ability,

future roads, future flight path, proximity to
heritage buildings)

Heritage status

Unauthorised structures

Crown Leasehold --- In Australia this interest is

derived from a lease with the Crown which
traditionally will be for a long term. The interest
may include a right of purchase on the lessee usually conditional upon the lessee carrying out
certain improvements. Since the Wik decision,
leasehold interests which do not give exclusive
occupancy, are potentially vulnerable to Native Title
claims. It should be ascertained:

Non-compliance with Building Regulations

Certificate of Occupancy and classification

Flood levels

Notices relating to planning/building matters

Contamination and hazardous building

materials (refer API and PINZ guidance notes
relating to contaminated land)

whether a claim has been lodged with the

NNTT, and/or determined,

Retail tenancy legislation

whether it is likely a claim will be forthcoming

from potential native title holders

Notices of resumption

Quarantine orders (in relation to farm land)

Filling

Fencing notices

Currency of defects rectification rights and

plant warranties

Vegetation protection

General / Old System/Law Title --- In Australia, this is

the common law system which was in place before
the adoption of the Torrens system by the various
States. Pockets of it still remain today. A feature
of this system is that title is actually a chain of
documents tracing ownership backwards from the
present owner to either the original Crown Grant
or at least to a good root of title which, in most
jurisdictions, must be at least 30 years old.

what the effect of the above is on the

activities currently carried out under the lease

Crown Land - Vacant Crown Land is also

potentially open to a Native Title claim in Australia
and Waitangi Treaty claim in New Zealand. Similar
inquiries to the first two points above should be
made.
Leasehold - This is the interest that every lessee
acquires whether under a head lease, sub-lease,
ground lease, riverbed lease etc.

5.7

Planning Controls / Resource

Management
Town Planning matters should be examined.

Matters Affecting Title and Purchase Price

The following matters should be considered for
their effect on Title and Purchase Price:
o

Occupation / title boundaries (site survey

to determine horizontal and vertical
encroachments)

ANZ RP GN 6 DUE D IL IGEN C E

5.8

Value Affected by Town Planning

The value of a property will be directly affected by
the town planning/resource management
regulations which relate to that property,
particularly in so far as those regulations constrain

11.6 .7

A N Z R E A L P R OP E R TY G UI D A N C E N OTE 6

the development potential of the property. Where

it is intended that a property be acquired for
the purposes of redevelopment, it is extremely
important that detailed inquiries be made to
ascertain the planning controls which apply to the
particular property by legislation, lease control or
some other method.

5.9

Use Regulated by Planning Controls

The use to which a property may be put is
regulated by the planning controls. The status of a
property may vary as follows:

5.10 Copy of Development Approval

A copy of the original development approval
should be obtained to ensure that the building
complies.
Foreign Investment Review Board (Australia)
The need for certain proposed real estate
acquisitions by foreign interests to be examined by
the Foreign Investment Review Board should be
considered.
The Foreign Acquisitions and Takeovers Act 1975
is a federal statute regulating foreign investment in
Australia. Under the terms of this Act, all proposed
real estate acquisitions by foreign interests must be
submitted to the Foreign Investment Review Board
( FIRB ) for examination, unless the acquisition
falls within a specific exemption category.

use as of right - permit not required

entitlement to permit if premises meets

specified requirements

entitlement to permit if specified conditions

satisfied

prohibited use

The Foreign Acquisitions and Takeovers Act defines

a foreign interest as:-

non-conforming use

amendment of the planning scheme required

a natural person not ordinarily resident in

Australia; and

any corporation, business or trust in which

there is a holding of 15% or more by a single
non-resident person or foreign corporation
or holdings of 40% or more in aggregate by
two or more non-resident persons or foreign
corporations.

Issues Affecting Development Potential

There are numerous planning issues which may
affect development potential. These include:
o

11.6 .8

zoning i.e. residential (ranging from single

family to high density dwelling), business,
industrial, rural

height controls

floor space ratio

The exemptions to the requirement for obtaining

FIRB approval are set out in the Foreign
Acquisitions and Takeovers Regulations and
include:-

transfer of plot ratio

setback

overshadowing

loss of views

traffic generation

sight lines

Acquisitions of an interest in land on which

a dwelling will be constructed where the
treasurer has certified that the sale of the
interest to foreign persons is not contrary
to the national interests (usually conditional
on an undertaking from the developer that
no more than one half of the units in any
development will be sold to foreign interests).

car parking ratios

access to the property (proposed road works,

traffic islands, restricted highways etc)

Acquisitions of industrial or commercial real

estate that are wholly and directly incidental
to the conduct of the business of the foreign
interests.

minimum frontages / lot sizes

density controls / number of employees

approvals (adjoining owners, cash in lieu

payments)

Acquisition of direct interest in non-residential

commercial real estate with a value of less
than $5 million.

Acquisitions of residential real estate by

intending migrants who have received
approval to take up permanent residence in
Australia.

heritage / conservation issues

Aboriginal interests / claims

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A N Z R E A L P R OP E R TY G UI D A N C E N OTE 6

Acquisitions of interest in timeshare schemes

where the entitlement of the foreign interest
is less than four weeks per year.

6.4

Deductibility of financing costs

Holding Property

Overseas Investment Commission (New Zealand)

Tax Issues on Holding Property:

In New Zealand the need for certain proposed real

estate acquisitions by foreign interests to be
examined by the Overseas Investment Commission,
should be considered.

Ascertain level of historical construction costs

for purposes of building allowance

Determine appropriate building depreciation

allowance rate

Consider structural improvements for

purposes of building allowance

6.0 Taxation Issues

Determination of whether fixtures are

depreciable and to whom

6.1

Determination of appropriate depreciation

rates

Application of investment allowance to

acquisitions of plant and equipment

Deductibility of financing costs

Tax deductibility of repairs and particularly

initial repairs

(Note: Both the legislation and rules relating to

foreign acquisitions are subject to change)

General
Commercial investment properties are generally
acquired for the specific purpose of providing short
or long term income and capital growth. Prima
facie, both income and capital gains are subject
to taxation in Australia, and this may significantly
alter the after tax rate of return of a particular
investment. In New Zealand there is currently no
capital gains tax. Both the vehicle, which is used
to acquire a property and the manner in which an
acquisition is structured and financed may have a
significant bearing on the tax effectiveness of the
investment, and it is therefore extremely important
that expert tax advice is sought prior to entering
into a property transaction.

6.2

6.3

6.5

Selling Property
Tax Issues on Selling Property:
o

Ascertain assessable depreciation balancing

charge or tax deductible write-off

A range of specific Tax Issues affecting various

processes in dealing with property should be
examined.

Elections to offset assessable depreciable

balancing charge against other plant and
equipment

Ascertain capital gains tax liability on sale of

property, plant and equipment

Acquiring Property

Application of capital gains tax deeming

provisions to transfers of plant and equipment
between parties not dealing at arm s length

Assessability of profits on disposal of plant

and equipment as ordinary income

Disallowance of investment allowance for

short term sales

Ascertain basis of profit realisation for longterm construction contracts

Assessability and capital gains tax implications

of compulsory government acquisitions

Specific Tax Issues

Tax Issues on Acquiring Property:

o

Ascertain tax depreciable value on purchase of

plant and equipment and building

Determine appropriate allocation of total

consideration to plant and equipment
(depreciable items should be listed in the
contract)

Application of depreciation deeming

provisions to transfers of plant and equipment
between parties not dealing at arm s length

Determination as to whether properties

constitute trading stock

Determination as to whether properties

constitute revenue or capital assets

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11.6 .9

A N Z R E A L P R OP E R TY G UI D A N C E N OTE 6

influences. The most important considerations for

the major categories of non-residential commercial
property are listed below.

7.0 Stam p Duty (Australia)

7.1

General
In any property acquisition in Australia, stamp
duty is likely to represent a material cost to the
purchaser and should be taken into account
when evaluating the returns from the property.
Stamp duty is levied on legal instruments and, in
relation to property conveyancing, will generally
be payable on a sliding scale based on the value
of the property. (Note: The rate of duty may vary
from State to State.) Stamp duty is also payable
on leases (being a percentage of the rental
payable during the term of the lease) and on loan
securities.

7.2

Due Diligence Issues

Issues which may need to be considered for due
diligence include:

8.3

Proximity to retail facilities

Proximity to public transport

Availability of parking, either on-site or

publicly provided nearby

Proximity to leading hotels and restaurants

Commentary on surrounding areas including

future development and land use, vacancy
rates

Industrial Buildings
Location Considerations for Industrial Buildings:

Proximity to public transport

Proximity to customers (for minimising

transport)

Proximity to raw materials, supplies and

services

Proximity to vocational training facilities

Proximity to means of freight transportation

(rail terminals, ports, airports)

Determine rates

Proximity to related industry

Ascertain stamping requirements for all

documentation, including financing and
lease documents, with particular emphasis on
method of stamping, period for lodgement of
documents and period for payment of duty

Commentary on surrounding areas including

future development and land use, vacancy
rates

When acquiring shares in a company or units

in a trust which owns property, regard must
be had to the potential application of the land
rich entity provisions which may effect the
rate of duty payable on such transactions

Location Considerations for Retail Shopping

Centres:

Identify dutiable instruments and deemed

instruments

Consider ex gratia, reconstruction and other

relief entitlements

Consider specific exemptions from duty

Consider specific concessions from duty, such

as in relation to off the plan purchases

o
o

Location Considerations
Locational influences vary according to the type
of building. It may be appropriate, particularly
in significant commercial property transactions, to
commission a suitable qualified consultant to report
on the strengths, weaknesses, opportunities and
threats (SWOT analysis) in relation to locational

1 1 . 6 . 10

Location Considerations for Office Buildings:

Ease of vehicular access to the site

Determine appropriate jurisdiction

8.0 Locational Influences

8.1

Office Buildings

8.2

Retail Shopping Centres

Population in the primary, secondary and

tertiary trade areas

Demography of trade area population

Trading mix

Configuration of the centre

Any artificial or natural barriers (roads, rivers)

which may affect the trade areas

Ease of vehicular access to the site

Prospects for competition (both present and

future)

Marketing and promotion

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9.0 Design Influences

9.1

Design Considerations
Design influences can affect the ability of a
property to operate to its maximum efficiency
and effectiveness. Any prospective purchaser
should consider engaging the services of a suitably
experienced architect to assess the appropriateness
of the buildings which are being acquired as well
as to assess what capital may be required to rectify
any design shortcomings.

9.4

Adequate height between spans

Adequate ingress / egress

Adequate thickness of driveways

Adequate room for trucks to manoeuvre once

on site

Ability to install gantries where needed

Hard stand parking and storage

Retail Shopping Centres

Design Influences for Retail Shopping Centres:

9.2

9.3

Office Buildings

Established anchor tenant

Design Influences for Office Buildings:

Condition of external cladding and ease of

cleaning

Appropriate tenancy mix between anchor and

specialty shops

Uniform shop fronts and signage

Lobby size, configuration, finishes

Width of shopping malls

Adequate lift facilities (including goods lift)

Adequate heating and air conditioning

Adequate lighting facilities, either natural or

artificial

Column-free floor space (and flexible floor

space for tenancy layouts)

Appropriate heating and air-conditioning

facilities

Sound insulated windows

Adequate car parking

Appropriate space allocation to entertainment

facilities

Adequate security system

Appropriate sight lines

Adequate toilet and shower facilities

Ease of access and egress from retail area to

carpark

Adequate facilities for the disabled

Layout to ensure efficient retail operation

Adequate after hours occupation

requirements (eg. air conditioning)

Location of dead frontages

Sufficient floor to ceiling height

Provision of adequate car parking and under

cover car parking for wet weather conditions

Sufficient stand-by facilities for equipment

and/or facility failures

Provision for expansion

Compliance with occupational health and

safety regulations

Industrial Buildings
Design Influences for Industrial Buildings:
o

Appropriate office to warehouse ratio

Adequate level of natural light in the

warehouse area

Adequate load baring capacity of the

warehouse floor

10.0 Leases
10.1 General / Legal Issues
Leases are a vital component in most commercial
properties and any due diligence process should
include a thorough analysis of all lease covenants
effecting the subject property. Issues which would
ordinarily be considered include:o

Financial status of tenant

Trading strength of tenant

Adequate distance between columns in the

warehouse allowing for use of forklift trucks

Whether and to what extent the lease has

been stamped

Adequate loading and servicing facilities

Term of the lease

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A N Z R E A L P R OP E R TY G UI D A N C E N OTE 6

Is there an option for renewal? If yes, has it

been exercised?

security deposit

performance bonds

Does the lessee have a right of early

termination?

bank guarantee?

o
o

Is the rent a market rent?

Determine whether the lease deals with issues

of:

Is the rent based on turnover?

contamination

What provision is there for adjustment or

review?

hazardous materials

ozone depleting substances

Can the rent reduce on a review?

Procedure for rent reviews

Outgoings recovery, including plant

maintenance and replacement

Repair obligations

10.2 Tax Issues

Tax Issues which would normally be considered
include:
o

Assessability / tax deductibility of lease

incentives received / provided

Tenant s obligation to contribute to a

promotion fund

Assessability / tax deductibility of lease

premiums received / provided

Tenant s obligation to provide turnover

information

Assessability / tax deductibility of lease

surrender payments received / provided

Redecoration obligations

Make good at end of term

Timing of assessability / tax deductibility of

lease payments received / paid in advance

Insurance obligations - lessor/lessee

Tax deductibility of lease payments

Does the lessor have any non-standard

obligations?

Categorisation of lease as either genuine

lease or instalment purchase for tax purposes

Who owns the fit out?

Control in relation to use

Restrictions on assignment and sub-letting

Consider disallowance of interest,

depreciation and building allowance tax
deductions for assets leased to public bodies
and non-residents

Does lessor have the right to modify or alter

the building?

Application of withholding tax for leases

involving non-residents.

Does lease deal with issues relating to base

building comfort levels / performance criteria?

Are the termination and damages provisions

adequate?

What are the provisions relating to damage

and destruction?

Are the premises retail premises? If yes,

does the lease comply with the relevant
legislation?

Are tenancy areas properly defined in the

lease?

Arrears position

Licence Agreements (eg. parking)

What security is held:

personal guarantees and indemnities

1 1 . 6 . 12

11.0 Contam ination --Enviro nm e nt al Aud it

Consider the desirability of having an
environmental audit of the land and building,
covering matters such as contamination, asbestos,
air conditioning, filling, underground tanks etc,
to be carried out by specialist environmental
companies.

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12.0 General
The process should also involve a review of the
following:
o

Access to Building Reports

Condition Report

Asbestos Report

Contaminated Land Report

Plant and Equipment Report

Depreciation Report

Current construction contracts, plans,

specifications

List of goods and chattels to pass with the

sale

Ongoing review of Sale Contract.

Preparation of rental arrears list

Agreement as to treatment of rental arrears

Files, books and financial statements held by

owners and managing agents

Access to files

Ownership of files on settlement

Site Survey

A surveyor should be employed to identify

the boundaries of the subject property, and
horizontal or vertical encroachments and to
confirm the status of any improvements in
relation to the boundaries.

Insurance - Details and claims records

Bill of Sale over tenant s plant and equipment

Talk to tenants and other occupiers. In many

cases their practical experience will be an
important indicator of building problems.

Property Management

Outgoings

Review building outgoings

Sight receipts

Review outgoings budget

The due diligence process should include:

o

Interviewing existing property manager and

building manager

Reviewing maintenance and service

agreements (management agreements,
cleaning contracts, air conditioning contracts,
lift contracts). Can they be assigned? Will they
be terminated?

Management staff entitlements such as long

service leave, superannuation, holiday pay.

Consider the managerial styles that may be used

for a property, for example:
o

owner manager

joint venture manager

external manger.

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A N Z R E A L P R OP E R TY G UI D A N C E N OTE 6

Annexure 1- Suggested Due Diligence Check List

ACTIONS

RESPONSIBILITY

COMPLETION DATE

ESTIMATED COST

1.1 Approval to make Conditional Offer

Executive Level

n/a

1.2 Conditional Offer Delivered

Executive Level

n/a

1.3 Acceptance by Owner

Vendor

n/a

1.4 Selection of Consultants

Management Level

n/a

1.5 Consultant Approvals

Executive Level

n/a

1.6 Consultant Meeting

Management Level

n/a

1.7 Consultant Letters of Appointment

Management Level

n/a

2.0 Valuation

Experienced Valuer

3.0 Building Structure

Engineer

4.0 Building Services

Engineer

Legal Consultant

Accountant

Performance Testing
Mechanical Services
Electrical Services
Hydraulic Services
Fire Services
Lifts and Vertical Transportation
Security
Technical Efficiency
Communication Services
5.0 Legal
Title
Town Planning
Service Agreements
Insurance
Licences
General Counsel
Site Survey
Property Management Agreement
Contract of Sale
Acquisition Structure
Settlement
6.0 Accounting and Tax Audit
Depreciation Allowances

1 1 . 6 . 14

Quantity Surveyor

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ACTIONS

RESPONSIBILITY

7.0 Stamp Duty

Legal Consultant

8.0 Location Influences

Economic and

COMPLETION DATE

ESTIMATED COST
$

Economic & commercial Overview

Planning Consultant

Traffic Management

Traffic Management Consultant

Architectural and Town Planning

Architect & Town Planner

Quantity Surveyor

Quantity Surveyor

10.0 Leases

Legal Consultant

11.0 Contamination - Environmental Audit

Environmental Specialist

Documentation

Project Manager Audit

Public Relations Audit

PR Consultant

13.0 Final Approval for Purchase

Executive Level

n/a

14.0 Exchange of Executed Contract

Executive Level

n/a

15.0 Settlement of Contract

Legal Consultant

n/a

16.0 Management Systems

Management Level

n/a

9.0 Design Influences

12.0 Other Influences

Note: The above list of comprehensive actions is merely a guide, but would be endorsed by Auditors for due diligence examination.

ANZ RP GN 6 DUE D IL IGEN C E

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THI S PA G E I S I N TE N TI ON A L LY L E F T B L A N K

1 1 . 6 . 16

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11. 7

A N Z R E A L P R OP E R TY G UI D A N C E N OTE 7

A NZR P GN 7 P R O P ERT Y INS UR A NCE

MANAGEMENT
from other sources.

1.0 Introd uction

1.1

Purpose
The purpose of this Guidance Note is to assist
Members to understand the essential elements
of managing insurance programs in relation to
existing buildings by broadly outlining issues
relating to the insurance environment and risk
management.

1.2

1.4

1.7

a general background to insurance;

aspects of risk management;

relevant classes of insurance; and

other relevant matters

2.0 Pream ble

2.1

2.2

Convey Risk to Another

The need to convey the risk of loss to another
party has seen the development of a number
of risk transfer mechanisms, the most notable
probably being the concept of insurance.

2.3

Insurance is a Contract
Insurance is a contract between two parties where,
for a consideration (premium), one party agrees
to pay for a stipulated loss suffered by the other
party. The payment of the claim simply fulfils the
contract

Not Technical Advice

2.4
Beyond the Scope

Protect From Risk of Loss

Since the beginning of commerce and trade,
humankind has sought to protect itself from the
risk of loss, be that loss associated with property
(real or personal), life or the ability to provide food
and shelter for the individual, family or community.

This Guidance Note does not seek to provide

technical advice on specific valuation issues.

1.5

Disclaimer
This paper was produced by the Australian
Property Institute to provide general information,
in summary form to its Members. The contents do
not constitute legal advice and should not be relied
on as such. Formal legal/insurance advice should
be sought in particular matters.

Scope
This Guidance Note applies to Members who are
called upon to advise clients in matters pertaining
to the insurance of their properties and, in some
cases, arrange the relevant insurances on their
behalf. It deals with the management of risk
and protection from risk using Insurance as an
important element in achieving these objectives.
Specifically, the Guidance Note deals with:

Consultation
Whilst a guidance note of this nature can address
the broad issues, it cannot be definitive and you
are, therefore, urged to consult with the insurer,
an insurance broker or your legal adviser to discuss
any aspects requiring clarification or expansion.

Status of Guidance Notes

Guidance Notes are intended to embody
r
refore may
(although this should not be assumed) provide
some professional support if properly applied.
While they are not mandatory, it is likely that they
will serve as a comparative measure of the level
of performance of a Member. They are an integral
part of the Valuation and Property Standards
Manual.

1.3

1.6

Risk Transfer and Risk Combination

Similarly, issues associated with insurances for new

construction or major refurbishment projects are
beyond the scope of this Guidance Note. Members
will need to be aware of these types of insurance

Thus, at the heart of insurance is the principle of

both risk transfer and risk combination. Risk
combination allows the risk to be spread, usually
via an insurance fund, over a very large number of
individuals or corporate entities.

ANZ RP GN 7 P R OPE R T Y INS URANC E MANA GEMEN T

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A N Z R E A L P R OP E R TY G UI D A N C E N OTE 7

2.5

Common Pool
The combination of many potential risks into a
common pool or fund allows the law of averages
of large numbers to operate to the benefit of the
unfortunate few who suffer loss.

2.6

Offer Long Term Security

So that the insurance fund is able to offer long
term security to its policyholders, premiums must
be sufficient to enable it to meet both immediate
claims and those that arise well into the future.
The fund s long term viability is also dependent
upon the level of investment income generated,
operating expense levels and the sum of returns
paid to investors (be those investors shareholders
or owners in a mutual organisation).

2.8

2.9

3.1

Premium Rates Fluctuate

Premium rates available to companies and
individuals seeking the protection of insurance
fluctuate in accordance with both local and
international insurance market conditions, the level
of natural and man made disasters (ie. claims), the
economic climate and business cycles.

Statistical Data to Predict

With a large number of homogenous items (be
they motor vehicles, lives, units or real property,
etc) grouped together, it is possible from statistical
data to predict within reasonable limits the
number and cost of losses that will occur within
the group. With this knowledge premiums can be
calculated that are needed to pay the losses and
the expenses of operating the fund and to provide
an acceptable profit.

2.7

3.0 General Insur ance

Environm ent

3.2

Management of Insurance Programs

The management of insurance programs has thus
taken on an increased importance for professionals
involved in producing satisfactory returns from
property investments.

3.3

Amount Spent
With the development during the 1980s of very
large property assets which in themselves require
insurance cover of many hundreds of millions of
dollars, the amount spent on property insurance
has become very significant, both in aggregate
terms and as a cost of operating property
portfolios.

3.4

Insurance Necessary

Premium Rates

Insurance is necessary because it offers:

Whilst premium rates are determined by many

complex factors, most of which are outside the
direct control of the purchasers of the insurance
protection, property owners can, however, take
some actions that will affect the premium they are
required to pay.

security to lenders and other stakeholders;

comfort to customers;

continuing of business operations; and

safeguar
protection following a loss)

Modern Risk Management Practices

Modern risk management practices, careful
analysis of the risks to be covered, and the level
of the risk that the property owner will retain,
are but a few of the factors that will determine
the amount of money that will be spent on loss
prevention and insurance protection.

3.5

To ensure that insurance costs are controlled, it is

important that owners and their asset managers
are able to demonstrate to underwriters the
qualities of their buildings and management
controls they maintain.

3.6

2.10 Insurance Issues

This paper deals with some of the insurance issues
that face Members in their management and
development of real property.

Insurance Costs Controlled

Risk Management
This is best done by risk management and
reaction to

3.7

Control Premiums
If this is observed, it will not only assist all
property owners to control their risk but also their
premiums.

11.7 .2

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4.0 Risk Manag e m ent

Responsibility of Officers
and Directors to Ow ner s
4.1

Some Have a Legal Obligation

Practising effective risk management procedures is
not simply a matter of good management, some
people have a legal obligation to their employer.

4.2

5.3

Conforms with Best Practice;

Facilitates Corporate Governance;

Increased profits;

Better Management of resources;

Improved Productivity.

One Objective

Eliminate or reduce as far as practicable the

conditions and practices may cause insured or
uninsur

Note:
o

outsource non-core functions or inappropriate

activities;

transfer contractual liability of consequences,

eg. tenants take public liability risk; insurance
and/or indemnity is required of contractors
working on site or supplying services or
goods;

imposition of insurance, indemnity and

hold harmless conditions in agreement with
contractors; and

when premises are rented risks may be

transferred from owners to tenants or from
tenants to owners, depending on the lease
conditions.

The extent of elimination or reduction affects

insurance costs;

When risk cannot be eliminated or reduced to

workable levels;

The benefits of the Risk Management approach

are:

Purchase commercial insurance that will

provide indemnity for catastrophic losses;

Prior recognition of Real Risks to an

Organisation;

Optimal Insurance/Self Insurance;

Either insure or assume those risks not

considered to be of major importance to the
operating or financial position of the Owner.

Increased Management Awareness;

Effective Reporting Mechanism;

Helps Avoid or Minimise Losses;

Reduced Cost of Risk;

5.0 Risk Manag e m ent

Process to Identify and Quantify
Exposures
Risk Management of Real Property is the process
through which an organisation can identify and
quantify its exposures to loss, access priorities and
develop strategies to avoid losses or, if they do
occur, deal with them effectively.

5.2

Satisfies Due Diligence Requirements;

Risk Management has one objective; i.e. to ensure

the economic continuity of the goods and services
of an organisation whilst minimising the costs
of both expected and unexpected losses. The
activities of the Risk Manager are influenced by the
Owner s general insurance philosophy which can
be summarised:

Legal Responsibility
The officers and directors of a business have a
legal responsibility for the proper management
of pure risks. Pure risk is the loss of, or damage
to, property or injury or death of persons using
the property. It can be accidental or fortuitous,
foreseen or unforeseen. They have an overall legal
duty and a specific obligation to use care and
be diligent in the administration of the affairs of
the corporation and in the use and preservation
of its assets. Courts have recognised that the
failure to effect proper insurance coverage, to pay
premiums when due, or to keep coverage in force,
may well be the basis for personal liability suits
against the officers or directors of a business. The
legal standard of performance is that officers and
directors must exercise the care that an ordinary
prudent person would exercise under similar
circumstances.

5.1

Benefits

ANZ RP GN 7 P R OPE R T Y INS URANC E MANA GEMEN T

5.4

Importance and Complexity

The risk management function continues to grow
in importance and complexity. Management is
becoming more cost conscious and more aware

11.7 .3

A N Z R E A L P R OP E R TY G UI D A N C E N OTE 7

5.5

of how sound risk management helps to minimise

expenses.

Storm and Tempest

Water Damage

Strategy

Flood (not readily available in flood prone

areas)

Sprinkler Leakage

Explosion

Business Interruption (including loss of rent)

Loss of Machinery/Boilers

Demolition and removal of debris

Earthquake

Impact by Vehicles or aircraft

Malicious Damage

Theft

Accidental Damage

Legal liability to third parties

W
W

For this reason, it is always important to have a risk

management strategy which can protect tenants as
well as the owner and also assist by demonstrating
to insurers that the business is aware of potential
exposures and is implementing procedures to
ensure such exposures are controlled. This will
benefit all parties and lead to more economical
insurance premiums.

5.6

Identifies & Controls Potential Loss

The risk management process identifies and
controls potential loss situations which can affect
an organisation s financial security, reputation and
viability.

5.7

Identify Risks
In order to identify the risks, it is important for the
owner of the property to be aware of potential
hazards and to implement a control to enable
management to always be conscious of changes in
tenants and likely hazards.

5.8

Procedure
The procedure should include risk identification,
risk management and risk control.

5.9

Specific Risks --- Risk Identification

Process Systematically and Continuously
Identifies
This is the process by which a business
systematically and continuously identifies property,
liability and personnel exposures as soon as they
emerge. Unless these risks are identified, all
potential losses will unconsciously be retained by
the company.
Most Risks Easily Recognised
Most risks are easily recognised, and would be
known within an organisation. These should be
identified by either the insurance broker or the
ownership entity, after discussions with staff and
staff should be given on-going support from
Management in the identification of risk. The
risks shown below are normal within the property
industry, and it is in order to insure against perils
such as these that an insurance policy is purchased.

11.7 .4

Fire

Lightning

States

Motor Vehicle (Third Party injury insurance is

compulsory).

Breach of professional duty

Liability of directors and offices arising out of

a wrongful act

Consultants fees

Contract works (principal controlled

contractor s liability policy)

Environmental damage

Pollution

Check List
However, to identify all the potential losses, a
check list of all assets of the company should
be drafted, and a systematic approach used to
discover which of the potential losses provide
the most exposure to the company. This is best
done internally by the person whose responsibility
it is to control insurance, or can be carried out
by an independent firm, such as a broker/risk
management company. Any independent firm
should work in liaison with the firm s internal risk
Manager when conducting a risk identification
survey.
Risk Profile
As each property is unique, both as to its
operation, usage, location, construction and cash

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flow pattern, it is important that a risk profile be

developed for each property, ie. Pro-forma profiles
may overlook some feature unique to a particular
property.
Exercise Will Correctly Inform
Although this is a time consuming exercise, it is
the only means which will correctly inform the
company of the risks/exposures it carries, and will:
o

identify exposures which can be insured,

therefore the exposure is transferred from the
company to an insurer;
where the exposure cannot be insured,
management controls can be implemented
which will diminish the risk to the company.

believed studies reveal that a significant number

of buildings are underinsured. The impact of
averaging insurance [GN 22: 9.5] means that
exposure previously thought to be insured is now
only partially so.
Engineering Survey
Specialist risk management engineering surveys
can be engaged to identify specific, or peculiar
exposures at each location.
Physical Survey
A physical survey, implemented by both
management or a risk management consultant,
should include a review of:
o

management controls

Risks Prioritised

fire protection systems

Risks should be prioritised by analysing both the

probable frequency of an occurrence and the
impact (ie. severity) on the company. Risks that are
assessed as having a high likelihood (ie. frequency),
together with a high impact, should be fully
insured.

inspection programs for fire hazards and other

exposures

general housekeeping

staff training

environmental risks

security

emergency evacuation

bomb threats

Excess
The starting point is the excess under the policy.
This indicates the level of risk the company can
absorb.

5.10 Risk Management

Potential Losses Measured
After the risk has been identified, the potential
losses must be measured in order to determine
their relative importance.
NB. Replacement/reinstatement costs do not
necessarily equal market value.

Note: extra costs are referred to later in this

Guidance Note.
Loss recording is a vital step in the risk
management process. If an organisation does not
record all losses, it is unable to take an informed
decision to carry a risk, ie. higher deductibles,
which can minimise premiums.

5.11 Risk Control

Calculated Periodically

Elimination or Minimisation

Asset values should be calculated periodically by

consulting professionals who will assess the dollar
value at risk to ensure, at the time of a major loss,
the value of both property (ie. physical structures
excluding land value) and business interruption is
adequately insured. This will ensure that the
business does not need to fund part of the loss,
which could impact on the viability of
the organisation. Extra costs may be incurred if
regulatory changes are triggered.

The aim of risk control is elimination or

minimisation. After risks are identified, practical
and cost effective recommendations can be made
regarding the physical protection of assets.

Quantity Surveyor

Familiarity Contributes

A quantity surveyor can be used to establish

replacement cost estimates. It is generally

The organisation is well placed to effectively

contribute to risk control due to their familiarity

ANZ RP GN 7 P R OPE R T Y INS URANC E MANA GEMEN T

Monitored and Investigated

If all losses are monitored and investigated, the
organisation is in a position to take effective
measures to either eliminate or reduce recurring
losses.

11.7 .5

A N Z R E A L P R OP E R TY G UI D A N C E N OTE 7

with the property.

Lessor may effect insurance if Lessee fails to

insure;

Lease documents should reflect Lessor s

requirements.

Tenancy Supervision
Tenancy supervision is also an aspect of risk control
and a procedure should be implemented whereby
there is regular liaison with tenants to ensure
that their standards, or physical protection and
housekeeping, are in line with that provided in
common areas.

Service Providers
Contacts with service providers to include
insurance, indemnity and hold harmless provisions
in favour of the owner.

Controls Influence Premiums

Purchase of Insurance

If these controls are achieved, the risk of losses

is minimised, which significantly influences
premiums.

6.0 Risk Financing, Rrisk

Transfer and Insurance

Purchase of insurance, ie. transferring the ultimate

risk to an insurance company per medium of
effecting an insurance policy or policies.

7.0 Ty pes of Insur ance

7.1

6.1

Total Cost of Risk

The types of policy or policies of insurance to be

effected will to some extent depend on the value
of the property. The criteria as to which insurances
are appropriate for a given property vary from
insurer to insurer but as a general rule:

The Total Cost of Risk includes such items as:

o

Capital expenditure on fire protection and

security equipment;

Upgrades to electrical and mechanical plant;

Repairs and maintenance;

Insurance policy excesses or deductibles;

Risk management consultancy fees;

Insurance premiums; and

Associated administration costs

The way in which the Total Cost of Risk is absorbed

or otherwise paid for can be referred to as Risk
Financing.

Risk Transfer
Risk Transfer of the operational or financial
consequences of an event can be effected in
several ways, eg:

Type of Policy Depends on Value

7.2

Properties with values less than, say,

$1-2,000,000 and perhaps up to $5,000,000
will be insured under Business Insurance or
similarly titled package policies; and

Properties with values greater than these

amounts will generally be insured under
individual policies for each category of risk to
be covered.

Business Insurance
Business Insurance policies generally offer a range
of cover choices and those most relevant to the
insurance of property are likely to be as follows:
o

Fire, lightning, explosion and other specified

perils to cover physical loss or damage to the
property caused by those nominated perils;

Consequential Loss, i.e. loss of gross rentals

and increased costs of work arising as a result
of a peril insured by the preceding section;

Lease Agreements
Requirement in Lease Agreements that tenants
effect Glass and Public Liability insurance.
Note:
o

The amount of the policy excess can be

greater than the value of the glass;

Public Liability insurance will generally be

restricted to the tenant s operations unless
that tenant is the sole occupant;

Breakdown of electrical and mechanical plant

and machinery and consequential losses
arising there from; and

Public Liability, i.e. legal liability in respect of

claims by third parties for personal injury or
death or damage to property arising out of an
occurrence in connection with the ownership
or occupancy of the property.

11.7 .6

Policies should be in the joint names of the

Lessor and Lessee;

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7.3

Separate Policies for Higher Value

Property
The kind of separate insurance policies likely to be
effected in the case of a higher value property are
as follows:
o

8.0 Issues to Consider in

Choosing Insurance Cover
8.1

The main criteria for an insurer when assessing a

building s risk is:

Industrial Special Risks (ISR) which insures

losses arising there from) not otherwise
- the ISR policy therefore combines
and expands upon the first two elements of
the Business Insurance policy as above;

7.4

Breakdown of electrical and mechanical plant

and machinery and consequential losses
arising there from (which are exclusions under
the standard ISR policy); and

Public Liability, i.e. legal liability in respect of

claims by third parties for personal injury or
death or damage to property arising out of an
occurrence in connection with the ownership
or occupancy of the property.

The materials used in the construction of the

building.

Compliance with ordinances. For obvious

reasons insurers will not provide competitive
quotations where a site does not comply with
ordinances as the insurer would postulate that
the lack of compliance would increase the
risk.

Fire Protection, eg. sprinklers, are always an

advantage, as it assists with minimising the
risk for insurers and, hence, results in lower
premiums.

Tenancy of buildings. Insurers will always

assess the exposure of tenants and quote
accordingly, eg. a mechanic is a higher
exposure than a bank - this will be reflected in
the premium.

Building security.

Neighbouring environment - eg. explosives/

chemical plant, bushland, etc.

Limitation of road access.

Location of premises (eg. on an existing flood

plain).

Compliance with ordinances eg. asbestos

contamination (authorised removal is required
following an asbestos audit).

Specific Policies
In addition to industrial special risks (ISR) policies
on a full reinstatement basis, other specific policies
in relation to property can be adopted to suit
specific requirements or specific loss categories.
The requirement for these will vary according to
individual circumstances. These polices include:

7.5

Assessing a Building s Risk

Insurance of contents;

Loss of master key insurance;

Capital works insurance as an addition to

conventional contract to cover such works as
tenancy fit outs or refurbishments.

Fidelity Guarantee, i.e. misappropriation of

money or goods by employees;

Credit Insurance, i.e. bad debts following

tenant insolvency;

Key person Insurance;

Professional Indemnity; and

Directors and Officers Liability;

Any other appropriate insurance.

8.2

Most major insurance brokers and insurance

companies are able to provide comments on
building design, fire protection and security. Ideally
this should be provided at the planning stages, but
later if need be. They will also be able to advise
on risk management techniques tailored to the
individual property.

Workers Compensation
The requirement for Workers Compensation
insurance differs from State to State and Territory
to Territory. Care must be exercised to ensure
that, if there are any employees, the appropriate
insurance or statutory arrangement is put into
place.

ANZ RP GN 7 P R OPE R T Y INS URANC E MANA GEMEN T

Comments at the Planning Stage

8.3

Three Basic Functions

A core insurance program as discussed fulfils three
basic functions for a property owner/manager:
o

Conservation of all assets (Property

insurance)

11.7 .7

A N Z R E A L P R OP E R TY G UI D A N C E N OTE 7

Preservation of income/profits
(Consequential loss)

Protection against liabilities(Public liability)

8.7

The policy should include the extra costs of

reinstatement, which is the extra costs incurred
to comply with any requirement of any Act of
Parliament or Regulation, By-Law or Regulation of
any Municipal or other Statutory Authority

Note: The extent to which insurance fulfils these

functions is subject to the terms, conditions and
exclusions of the policy, e.g.

8.4

generally a liability policy will only cover

sudden and accidental pollution;

asbestos is generally an exclusion unless it is in

static form.

Indemnity Period
The indemnity period should be long enough
to provide for the following in the event of
destruction (e.g. by fire):

8.5

planning

tendering

approvals

construction

letting

Removal of Debris
Removal of debris. At times, the local council tip
will not be able to handle all the debris from a
building due to either the content (asbestos) or
due to the bulk. This may incur very large charges/
costs where the debris may need to be removed by
specialists and sent to a processing plant which will
accept the waste. Always ensure that the insurance
limit will adequately reflect the cost of disposal.
As a rule 10% of the value of the asset would be
a minimum but this varies dramatically depending
on factors such as the height and construction
of the building. (Note: Removal of asbestos has
extraordinary cost implications and may involve
50-100% of the value of a building).

8.6

8.8

Increases in Cost of Working

Increases in the costs of working, which covers
any reasonable expenses incurred in order to
minimise any long-term effect of a loss on profit/
revenue, eg. Overtime wages, the costs of leasing
other premises, including fees, advertising and
promotional expenses.

Extensions to Policies
Taking the above into consideration, there are
some extensions to Business Insurance and ISR
policies which should be compulsory to any
prudent property owner. These are:

Extra Costs

8.9

Flood Insurance
Flood insurance - to cover damage to property
caused by flooding. This may be provided subject
to strict underwriting guidelines.

8.10 Policy Excess

Most policies will be subject to an excess or
deductible, i.e. the amount of each loss which
must be met by the insured following a claim.

8.11 Excess will Vary

The amount of the excess or deductible will vary
from insurer to insurer and the nature of the
property being insured.

8.12 Can Elect Higher Excess

Property owners can elect to assume higher excess
or deductible than that being imposed by the
insurer although it is recommended that this only
be entertained where the insurer is prepared to
offer a substantial premium discount in return.

8.13 Policy Exclusion

Policy Exclusions: All insurance policies contain
exclusions and it is important that owners/
managers familiarise themselves with those
exclusions applicable to their own policies.

Reinstatement and Replacement

Always ensure that the policy provides for
reinstatement and replacement conditions including the ability to rebuild on the site where
development controls may have changed.

11.7 .8

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9.0 The im portance of

Valuations and Insurance
Average Clauses
9.1

Definitions
In the context of insuring property it is important
to be cognisant of the definitions which apply to
the various types of policy.

9.2

Business Insurance
Business Insurance policies generally require
separate sums insured to be specified for:
o

Buildings, including architects and professional

include the structure itself together with fixed
electrical and mechanical plant, sprinkler and
fire alarm systems and landlord s fixtures and
fittings).

9.3

sum insured nominated at the commencement of

the policy period to cater for inflation and other
cost variables during the policy period.
ISR Policy
An ISR policy does not contain a sum insured per
se but has:
Declared Value
Declared Value, ie. the estimated value of the
property insured at the commencement of the
period of insurance - as well as being relevant to
the test of coinsurance or average, this amount is
utilised for the purpose of premium calculation;
and
Limit of Liability

Contents - in this regard the insurer should

be asked to advise if carpeting and floor
coverings, for example, would be considered
as part of the building or would require a
separate sum insured.

Limit of Liability, ie. the maximum liability of the

insurer in the event of loss or damage - this need
not and should not be the same as the declared
value but should represent what the replacement
value of the property would be if, for example, it
was totally destroyed on the last day of the period
of insurance. (Sub-limits are also generally applied
to contingencies such as accidental damage,
burglary and demolition/removal of debris costs).

Computer and electrical equipment.

Coinsurance or Average

Costs of demolition and removal of debris.

However, both Business Insurance and ISR

Insurance contain Coinsurance or Average clauses
which permit the insurer to reduce the amount of
loss if the:

ISR Policy Covers

real and personal property
a single declared value
for each property. Care should however be taken
to ensure that the value declared takes all the
above items into account.
Land Not Included
The value of land is not to be included in either
case.
Under-insurance
Business Insurance and ISR Insurance are quite
different in the way they deal with under-insurance
and, irrespective of which policies operate for a
particular property or portfolio, care will need to
be taken in assessing the sums insured or limit
of liability as applicable. Generally properties
are insured for their replacement cost and the
following aspects should be taken into account.
Sum Insured
The sum insured under Business Insurance is the
insurer s limit of liability in the event of loss or
damage. It is therefore necessary to project the

ANZ RP GN 7 P R OPE R T Y INS URANC E MANA GEMEN T

Sum Insured at the time of loss or damage in

the case of Business Insurance; or

Declared Value at the commencement of

the period of insurance in the case of ISR
Insurance.

is less than 100%, 90%, 85% or some other

specified percentage depending on the insurer s
policy wording and/or the value of property
concerned.
Example
Assuming that there was a 100% Coinsurance or
Average Clause in the policy, the following
example demonstrates how under-insurance can
reduce the amount of a claim.
SxA

Claimable Amount

P
Where
S = the sum insured or declared value in the policy
A = the amount of the loss
P = the correct value of all property

11.7 .9

A N Z R E A L P R OP E R TY G UI D A N C E N OTE 7

In this example
S = $ 50,000
A = $100,000
P = $200,000
$50,000 x $100,000 = $ 25,000 (Claim settlement)
$200,000
This has occurred because, in this example, only
25% of the values were selected as either the
sum insured or declared value as applicable. Note
that the equation would vary in the case of, for
example, a 90% or 85% Coinsurance or Average
Clause although the underlying principles are the
same.

eg. a factory and its outbuildings on the same site

where the factory might be under reinstatement
conditions, and the outbuildings insured for their
indemnity values.
Public Liability
Public Liability insurance is subject to a limit of
liability for any one occurrence ie. the maximum
amount the insurer will pay for all claims arising
out of the one event. This means that the limit of
liability selected must:
o

be sufficient to cover all claims from all

claimants arising out of the one occurrence;

recognise that injuries can take several years

to stabilise to the point where some claims
can be taken to Court - there can be both
inflation and escalation in the amounts of
damages awarded in the intervening period;
and

take account of the possibility that at least

some of the potential claimants will be
juveniles and that claims in respect of such
persons cannot be finalised until a juvenile
reaches the age of 18.

The most appropriate limit of liability will be

to some extent, influenced by both location
and occupancy of the property concerned.

Ensuring Fully Insured

The best way of ensuring that a property is fully
insured is to have the property valued and the
policy figure updated on a regular basis. The valuer
should be instructed to prepare the valuation so
that the valuation accords precisely with the basis
of insurance eg. Reinstatement, replacement
and extra costs insurance or indemnity value as
applicable and include costs of demolition and
removal of debris and professional fees. At the very
least, if a professional valuer is not to be utilised, it
is recommended that reference publications such
as Rawlinsons Australian Construction Handbook
or Cordells be consulted.
Sum Insured or Declared Value for
Consequential Loss
It is similarly important to direct considerable
attention towards assessment of the sum insured
or declared value for Consequential Loss insurance
- generally thought of as Loss of Rents insurance in
the context of the insurance of property. This
insurance is also subject to coinsurance or average
provisions.
Indemnity Basis
It is also possible to seek insurance cover on an
indemnity basis being either the market value of
the building less the land value or the depreciated
value of the property. This can, under certain
circumstances, provide greater flexibility in the
event of a catastrophic loss but may lead to
complications in regard to a partial loss.
Different Levels of Insurance Within One
Complex
It should also be noted that different levels of
insurance cover can be taken for structures within
one property complex but at different levels of risk,

1 1 . 7 . 10

Contract Waivers Recover Loss Against a Third

Party
Contract Waivers: When an insurer has agreed
to indemnify a company for a loss, it retains
the right to recover its loss against a third party if
they caused the loss. If the insured party has
contractually waived the insurer s right of recovery
against another party, the insurance policy can
become null and void. The insured party should
ensure that he has neither accepted nor waived
liability.
Hold Harmless
At present there are many contracts that are
regularly utilised in the commercial environment
subr
These can be
found predominantly in maintenance agreements
and some lease agreements.
Negotiate a Wording
Prior to signing or recommending any of these
agreements, always refer to either the insurance
broker or insurer who will either negotiate a
wording which is acceptable to all parties or, if this

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A N Z R E A L P R OP E R TY G UI D A N C E N OTE 7

is not possible, will endorse the contract on either

the property or liability policy.

to ensure that the insurance covers are specifically

tailored to individual properties and their risk
profile.

10.0 Conclusio n
Not All Exposures Are Insurable
Not all exposures are insurable events, eg. wear
and tear, damage by vermin.
Read Insurance Contract
It is surprising the number of persons who do not
read their insurance contract and/or obtain either
legal advice or advice from a professional insurance
adviser as this is perhaps the only contract that
will ensure the ongoing viability of the business
if a major catastrophe occurs. Although an
insurance policy can be complex to read, it is
important to understand, at the very minimum,
the policy exclusions and conditions. If any part
of the insurance contract causes concerns to the
purchaser, they may be able to negotiate changes
to policy conditions and wording. However, this
can only be accomplished where the insurance
purchaser understands the contract.
Very Large Programs
For very large insurance programs, it may be
advisable to recommend that the insurance
adviser/broker to meet with the owner, the owner s
solicitor and the insurer to design (draft) policy
wordings and conditions. It is also reasonably
common for a nominated loss assessor acceptable
to both the owner and insurer to be agreed, as this
can facilitate claims settlement when losses occur.
New Products and Changes to Taxation
Provisions
Finally, Members should be aware that as with all
market sectors, the insurance industry is subject
to continual review and there is the potential for
significant change in the future. New insurance
products regularly become available, and changes
to taxation provisions or other Government
regulation can effect the utilisation of insurance.
Ensure Insurance Covers are Specifically
Tailored
As indicated, this Guidance Note addresses broad
issues, relating to the property insurance
environment and risk management. However, just
as the property market is not homogeneous and
each property has different characteristics, so it is
with the insurance market and individual policies
of insurance. Thus the professional adviser needs

ANZ RP GN 7 P R OPE R T Y INS URANC E MANA GEMEN T

11.7 .
11

A N Z R E A L P R OP E R TY G UI D A N C E N OTE 7

THI S PA G E I S I N TE N TI ON A L LY L E F T B L A N K

1 1 . 7 . 12

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11. 8

A N Z R E A L P R OP E R TY G UI D A N C E N OTE 8

A N Z R P G N 8 P R E PA R I N G P R O P E R T Y
FOR SALE
required to provide the market with an immediate
description of the asset it is considering to
purchase. The information assimilated for the
marketing material should be accurate given the
responsibility imposed by Section 52 of the Trade
Practices Act and preferably, all information should
be verified by the Vendor s written certification
of its accuracy. Matters relating to title should be
requisitioned from the vendor s solicitor so that
appropriate documents can be considered and
be available for perusal. These could include title
search, zoning certificate and current survey
report.

1.0 Introd uction

1.1

Purpose
The purpose of this Guidance Note is to provide a
general reference to preparing real estate for sale.
The Guidance Note addresses the steps taken in
preparing property for sale prior to the actual
commencement of marketing proper. It covers
the period of preparation of the physical state of
the property for sale together with any required
financial or technical information bought together
in a selling document prior to the placement of the
property on the open market.

1.2

Status of Guidance Notes

Guidance Notes are intended to embody
recognised
refore may
(although this should not be assumed) provide
some professional support if properly applied.
While they are not mandatory, it is likely that they
will serve as a comparative measure of the level
of performance of a Member. They are an integral
part of the Valuation and Property Standards
Manual.

1.3

Schedule
Provided to the rear of the Guidance Note is a
schedule of various types of property and an
indication of the more specific information which
must be assembled when preparing a particular
property use for sale.

1.5

2.1

Preparation of Property
The preparation of the property as covered by this
Guidance Note relates to aspects of both physical
appearance and accumulation of information

ANZ RP GN 8 P REPA R IN G P ROPE R T Y F OR SAL E

Importance of Physical Presentation

The physical condition or state of presentation of
the property is generally speaking, very important
in achieving the highest possible price. A positive
first impression is essential to maximising value, as
the buyer is aware that a well-maintained property
will not require maintenance expense in the early
period of ownership. Pre disposal planning should
be agreed with the Vendor and individually tailored
to each property s need.

Scope
This Guidance note is applicable to Members
involved with most forms of real estate. However,
the practitioner should be aware of particular
idiosyncrasies which may apply to specialised
property e.g. rural holdings, hospitals, nursing
homes and other properties of a specialist nature
which these notes do not attempt to address.

1.4

2.0 Phy sical Preparation of the

Property

2.2

Areas Requiring Physical Attention

The practitioner should identify areas requiring
physical attention, list items of physical
deterioration, poor state of repair or areas of
untidy appearance and discuss these with the
vendor with the objective of rectification.
Issues may include:
o

Upgrading the external appearance, which

may include cleaning, minor repairs,
repainting or landscaping maintenance.

Attention to obvious maintenance

requirements such as water damage, cracking
to walls, repairs to roofing or down pipes,
estate road resurfacing and numerous other
possibilities should be noted for discussion.

11.8 .1

A N Z R E A L P R OP E R TY G UI D A N C E N OTE 8

2.3

Redevelopment Potential
Exceptions however do exist where a property has
redevelopment potential and the run down
condition of the improvements would have little
effect on the value of the property with the
possible exception to a reduction in price due to
cost of demolition or removal. In this instance the
buyers focus would be more on the characteristics
of the location and land itself rather than the
condition of the improvements thereon.

3.5

Lease Tenures
o

If lease terms are about to expire, endeavours

should be made to secure either new leases or
lease renewals over existing tenancies.

At the very least enter into correspondence

with existing or potential tenants to provide
a positive outlook as to the future letting
of space which may otherwise appear as
potential vacancy.

3.0 Preparation of the

Property s Financial Details
3.1

Soundness of Income

3.6

The most critical issue in preparing property for

sale where it is an investment is the soundness of
the income produced by the property. The length
of leases, tenant profile and terms and conditions
of the leases, including building outgoings, are all
issues of paramount importance to the investor.

3.2

3.3

Occupancy Levels
o

3.4

Re-negotiation of Unsatisfactory Lease

Terms
o

Tenancy and Lease Status

In preparing a property for sale the practitioner
should review a property s tenancy and lease status
and undertake the following checklist to ensure
that the property is presented in its best financial
position. Be aware of a potential owner occupier
who may be looking for space to occupy in a
partially vacant building.

Fully leased property is the most attractive to

the broader investment market. If vacancies
exist, and the vendor can allow the time, it
would be prudent, in order to maximise the
selling price, to delay the sale to lease the
property.
If vacancies exist, the owner should be advised
of the chances of re-leasing the premises,
expected market rental level, and time frame
for re-leasing the property.

3.7

11.8 .2

Ensure that all leases have been signed,

stamped and/or registered, and that a
comprehensive set of leases is available for
scrutiny by potential buyers.
Ensure that all personal or bank guarantees
have been obtained and copies of each are
attached to the leases.

If there are undesirable lease terms and

conditions that detract from the value or
saleability of the property, it is desirable in the
pre-sale period to re-negotiate lease terms,
which are more commercially acceptable.
This could relate to outgoings provisions, rent
reviews or rental levels, for example.

Preparation of Tenancy Schedule

Cross-reference the tenancy schedule with the
lease documentation (if available) to ensure that
the tenancy schedule presents an accurate record
of the leasing status of the property. The tenancy
schedule should include at least the following vital
information:
o

Description to identify the area leased, eg.

Shop number, floor level, suite number etc.

Lessee s name, (including trading name).

Area leased in square metres.

Gross or net rent per annum (including rate

per $/m2 pa).

Lease commencement and expiry dates.

Lease rent review dates and method of rent

review ie market rent review or fixed increase
or CPI adjustment.

Tenant s proportion of recoverable outgoings.

Comments in relation to particular items of

variation of a tenant s lease to the standard
lease, eg. non recovery of certain outgoings.

Who owns fit-out and if included in sale.

Tenancy Security
o

Provide a resume of the tenant(s) business

history, number of outlets and other available
information as this will assist in the purchasers
acceptance of the security.

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3.8

Other Sources of Income

Details of other sources of income should be
summarised. These could include:

3.9

Carparking

Naming / signage rights

Licence agreements

Telecommunication agreements/licences

4.0 Marketing Strategy and

Bud get
4.1

The target market determines the marketing

strategy. For smaller properties there is a greater
reliance on brochure mail out, enquiries from
advertising and signboards. The larger properties
require greater emphasis on direct presentation of
the property to identified prospective purchasers.

Outgoing Schedules
o

These can be provided either in the form of

past actual outgoings or budgeted outgoings
and preferably a combination of both.

The outgoings budget should identify each

item of outgoings together with the
annualised amount of past actual outgoings
and future budgeted outgoings.

Trends can be established and analysed

if several pr
re
obtained.

4.2

4.3

Every effort should be made to minimise

arrears prior to the property being offered
to the market otherwise the poor record of
tenant payment could have a negative effect
on price and marketability.

3.11 Depreciation Allowances

Purchasers of commercial, retail and industrial
properties often require information on both
building and plant and equipment, depreciation
allowances in order to assess the property s after
tax payment earning potential. This is a specialist
area requiring input from accountants or quantity
surveyors specialising in this subject.

This situation will require Foreign Investment

Review Board approval in Australia and Overseas
Investment Commission in New Zealand.

ANZ RP GN 8 P REPA R IN G P ROPE R T Y F OR SAL E

Marketing Costs
Depending on the marketing strategy adopted,
costs may be incurred in relation to a combination
of the following:

This document will provide the Member with

an opportunity to address problem tenants
with the vendor to ascertain the impact of
arrears on the expected achievable price and/
or a program of back rent collection prior to
placing the property on the market for sale.

3.12 Overseas Purchasers

Discussion with Vendor

The marketing strategy requires discussion with the
vendor in relation to the recommended marketing
campaign / procedure and associated costs.

3.10 Arrears Schedule

o

Target Market Determines Marketing

Strategy

4.4

Media production

Advertising costs

Website

E-mail

Internet

Brochure / video production and cost of

circulation

Cost of producing a comprehensive

information memorandum

Cost to the preparation and erection of

signage.

Mailing and courier costs

Photographic costs

Travel expenses

Cost of other specialists consultants advice (if

required)

Cost of auction venue (if required)

Auctioneer s fee (if applicable).

Budget
The marketing budget for a sales campaign will
depend on the marketing strategy recommended.
There is no direct correlation of the size of the
marketing budget to the property but generally
the larger the property s dollar value the greater
the marketing budget.

11.8 .3

A N Z R E A L P R OP E R TY G UI D A N C E N OTE 8

There should be a schedule of the agreed

marketing strategy as to which newspapers or
chosen modes of advertising were agreed to
including the agreed dates, costs and the length of
the advertising campaign.

the vendor in a rising or falling market. However,

providing a price estimate allows the market to
judge the vendor s expectations and determine
whether or not the vendor is genuine.

5.6

The option of private sale allows flexibility in sale

terms and conditions and allows each party the
opportunity to negotiate to its best advantage.
There is no exclusivity afforded to any purchaser.
However, the process may be prolonged if the
vendor is unrealistic on price expectation.

5.0 Method of Sale

5.1

Decided in Consultation With Owner

The method of sale is decided in consultation
with the owner and is determined as part of the
marketing strategy. A recommendation as to the
method of sale is based on the following factors:

5.2

Potential competition

Dollar value of the property

Target market

Competing properties

Timing of sale

Requirements of the vendor

Complexity of the property

Confidentiality requirements of the vendor

State of the market

5.3

Private treaty

Public auction

Public tender

Calls for expressions of interest.

Variations
There are also other methods which may apply e.g.
international tender, minimum sealed bid, informal
tender and declared minimum price tender. The
Member would adopt the most appropriate
method of sale having determined market demand
and target market.

5.4

Primary Methods
The four primary methods of sale are described
hereunder:

5.5

5.7

Private Treaty
This method of sale requires an opinion of price.
Pricing a property for sale may be unacceptable to

11.8 .4

Popular at Lower End of Market

Public Auction
This method of sale remains popular at the lower
end of the market. It may be less suited to larger
investment properties but this will depend on
ff
shore investors whom may not have the ability
to attend or the market knowledge necessary to
give confidence to bidding at auction. In all cases,
purchasers have already procured finance are
required to undertake their enquiries prior to
auction and therefore bid unconditionally. The
benefit of the auction system is to provide a sales
outcome to achieve the maximum price through
competitive bidding.

Methods
The method of sale will generally comprise one of
the following main methods:

Flexible

5.8

Outcome within Defined Time

The auction system can provide a sales outcome
within a defined time period on sales terms
acceptable to the vendor, usually an unconditional
contract, with 10% deposit and settlement in 30
to 60 days depending on the common practice
adopted in your state.

5.9

Seen as Fairest for Estates and Forced

Sales
The system is also seen and recognised by the
courts as the fairest method for property disposal,
especially for deceased estates and forced sales .

5.10 Unconditional Disadvantages

However, as mentioned there are potential
purchasers that are either uncomfortable with
the auction process or are unable to bid under an
unconditional contract. They may have the ability
to pay a higher price with the opportunity to vary
the contract in a minor way. The practitioner s
judgement as to target market and level of
competition for a property is therefore vital to the
successful outcome of an auction.

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5.11 Confidential Offer

Public Tender
The Public Tender process allows purchasers to
submit a confidential offer without fear of it
being disclosed to competing parties. Offers are
in the form of an unconditional contract prepared
by the vendor s solicitors and are accompanied
by a refundable deposit. Tenders are irrevocable
and remain open for acceptance by the vendor
for a set period of time. The time period for
acceptance is determined having regard to issues
like expected level of competition and complexity
of the offering. The time frame enables vendors to
compare offers, seek clarification or any variations
to the terms of an offer, and extract the highest
possible purchase price from the marketplace.

5.15 Two Staged Process

A two staged Expressions of Interest process works
as follows:

6.1

6.2

This method provides the following:

National and International market acceptance

due to the opportunity to participate in the
first stage of the process with limited time and
costs associated.

Flexibility in terms offered can often influence

the purchase price. Expressions of Interest
allow variations to a standard contract of sale
enhancing the prospect of maximisation of
price to the vendor.

ANZ RP GN 8 P REPA R IN G P ROPE R T Y F OR SAL E

From the Expressions of Interest, suitably

qualified parties are selected and invited to
submit, on a due date, a formal bid. Final bids
would be in the form of a contract.

Due Diligence an Integral Part of

Preparation

Extent and Complexity Varies

The extent of material exhibited generally becomes
more significant and complicated as the property s
value increases. The due diligence information
should include all relevant information relating
to the property that is likely to impact on the
purchaser s decision to proceed to settlement.

5.14 Benefits

Greater reliance on due diligence in assessing

the property prior to offer.

For larger properties in particular, due diligence has

become an integral part of an offer to purchase
and subject to the outcome of this activity will
determine the purchasers preparedness to proceed
to an unconditional contract. The due diligence
package is now an integral part of the preparatory
work for preparing property for sale. If the vendor
is unwilling to address this issue before sale, and
extended selling period is almost certainly assured.

Expressions of Interest

The property is offered publicly to the investor

market, and interested parties are invited to
submit by a nominated date an Expression
of Interest form confirming their interest,
capability and price range.

6.0 Preparation of Disclosure

Mate rial

5.13 An Initial Calling

This involves a sale method incorporating an initial
calling for Expressions of Interest with suitably
qualified parties identified from this initial stage
either being subject to direct negotiation following
closing of the Expressions of Interest or invited to
participate in a further closed bid to determine the
most acceptable offer.

The highest bidder (having regard to conditions

and capability) is then accepted by the vendor and
the balance of deposit paid.

5.12 Used where Propriety is Paramount

Sale by Public Tender is the formal step beyond
Expressions of Interest. It is used in situations
where propriety is paramount eg. Government
offering property for sale and where the best
price is generally accepted on uniform terms
and conditions. It is used in the case whereby a
property is likely to be keenly sought by a number
of purchasers.

Confidentiality of information to the invited

bidders.

6.3

Recommended Prior to Marketing

Due Diligence information is often assembled after
commencement of Marketing. As this process has
gained particular relevance (and could potentially
de-rail the transaction) it is recommended that
preparation of the due diligence material be
undertaken prior to commencement of marketing.
The Member then has the opportunity to advise
the owner of any adverse issues that could effect

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A N Z R E A L P R OP E R TY G UI D A N C E N OTE 8

both the potentiality of sale and achievable price. It

is important to address these issues prior to sale
than them becoming an insurmountable obstacle
to settlement. It is better that all detrimental issues
are dealt with prior to offering the property for
sale.

6.4

Outgoings - an audited report on previous

rent
year s outgoings budget is important to
provide an accurate outgoings estimate.

General Rates and Land Tax Assessment

Notices --- it is important to include the most
recent notices.

Depreciation Information --- both Building

and items subject to Depreciation Allowance
should be scheduled to provide the purchaser
with knowledge of possible deductions
against income for tax purposes.

Council Compliance Certificate --- inclusion of

this document confirms absolutely Council s
approval of the completed development at
the time of construction.

Approvals - any related approvals to the

site for development or other future
redevelopment.

Other Reports - any other property reports

that are relevant to the property and are likely
to influence the purchaser s interest in the
property and / or the sale price. This should
include a full copy of building plans, any
relevant site or soil reports, building structure
reports, services reports, engineers reports,
etc.

Other Issues --- refer ANZRPGN 6 Performing

Due Diligence for guidance on other
issues which may be applicable in certain
circumstances.

Due Diligence Items ANZRPGN 6

Following is a list of Due Diligence items that
are appropriate for inclusion in a due diligence
package :
o

Leases - copies of all leases on the property or

part thereof.

Encumbrances - all encumbrances on title

should be disclosed and relevant evidence
provided.

11.8 .6

Easement Documentation - copies of easement

documents and easement plans identifying the
location of any easements on the property, the
grantee, and requirements of that easement
on the property and the owner.

Contamination - a contamination report from

the relevant State Government Department
showing the status of the property. If the
status indicates the property is contaminated
or likely to be contaminated it is important
to undertake further testing to provide a
contamination report, including the extent
of the contaminants and the cost of clearing
the site. It may be necessary to undertake
decontamination work (remediation) prior to
marketing the property.
Heritage / Land Use Issues - if a property is
subject to a Native Title or Waitangi Tribunal
claim, information regarding this land
claim must be provided. If the property is listed
as having some heritage significance,
information relating to this must be identified
and provided. It is further advisable to include
any local government registration as this could
have an impact on future dealings with the
property.

Main Roads / Local Government - Any

requirements by either of these authorities for
road widening, truncation or dedication must
be identified and information provided.

Flood Information - a flood report from the

relevant local authority should be provided
showing any history of inundation of a
property due to flooding.

Obviously the type and size of the property will

influence the amount of relevant information. For
instance, a residential house is unlikely to have any
leases encumbering the property and much of the
other information detailed above will probably not
be appropriate

7.0 Marketing Material and

Tools
7.1

Budget Determines Extent

The marketing strategy and budget will determine
the extent of marketing material but in most cases
the marketing tools available to the Member will
be a combination of:
o

Signage

Advertising

Brochure / video presentation

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7.2

Property information memorandum

E-mail

Internet

construction, date of additions or refurbishment,

extent of built area, style of architecture, building
construction methods, materials and finishes,
services and maintenance.

Website

Due Diligence Material

The due diligence material would normally be at
an accessible location for inspection by prospective
purchasers. This could be the vendor s agent s
offices or vendor s solicitor s offices.

7.3

Information Memorandum

Land Description

Provides the purchaser with an understanding

of the physical nature of the land, street access,
services and particular features of the site,
whether beneficial or adverse, which enable a full
understanding of the nature of the land being
acquired.
o

Tenancy Information

Location

Of more relevance to an investment property, the

tenancy profile information and tenancy schedule
give a full break down of tenancy information.
Income, Outgoings and Financial Analysis complete
the picture for the purchaser.

Issues to be addressed are: -

Accurate description of the property s location

Proximity to public transport and amenities

Quality of surrounding development including

description of surrounding uses.

Information as described under the heading

Preparation of the Property s Financial
Details would be provided in the information
memorandum.

The information memorandum is the most

comprehensive marketing tool and addresses the
following aspects of the property: o

Benefits of the location to the particular

property eg. a high profile site has a
considerable volume of passing traffic, an
elevated site has unrestricted views, etc.

Ease of ingress and egress.

Photograph

Financial Details

Property Plans

Inclusion of floor plans and elevational drawings is

desirable if available.
o

Statutory Information

In addition to the financial information provided

on an investment property there is usually the
inclusion of council rates and tax information.

The inclusion of a quality photograph highlighting

the key aspects of the property is one of
the strongest marketing tools available. The
photograph should be digital to allow greater
flexibility.

Current zoning

Permitted development

Status of existing uses

Alternate consent uses and prohibited uses.

Details of specific approvals obtained and

certifications of any completed development.

Detail of any external issue that is likely to

affect the value of the property eg. land
resumption due to road widening.

Market Commentary

Title Description

The full legal description should be inserted in the

document with a photocopy of the title document
if possible. Title description would give details of
the lot, registered plan, parish and county together
with land area and dimensions. This information
provides the purchaser with an accurate identity of
the property being acquired.
o

This section of the report would cover such aspects

as: -

Building Description

This description can be brief or comprehensive

depending on the nature of the asset being
sold. Obviously a detailed description gives the
purchaser a better understanding of the asset
being acquired. Items for mention include, date of

ANZ RP GN 8 P REPA R IN G P ROPE R T Y F OR SAL E

Town Planning/Resource Management

The information memorandum for larger

properties, particularly of an investment nature can
incorporate information on trends in rental values,
property yields, competing property, comparable

11.8 .7

A N Z R E A L P R OP E R TY G UI D A N C E N OTE 8

sales and economic factors which may affect the

future likely returns of the property. This, however,
is at the discretion of the agent and client. In any
event it is prudent for prospective purchasers to
make their own enquiries.

SCHEDULE
Property Type

Specific Information Required in

Preparing Property for Sale

Commercial

Supply / demand statistics

Car parking ratios

8.0 Com m encem ent of

Marketing
8.1

Lift and air conditioning performance

criteria and maintenance details
Ceiling heights

Conclusion of Preparation
Prior to the commencement of marketing a due
diligence review of all information to become
public needs to be conducted to ensure accuracy.

Ownership of fixtures and fittings

Asbestos report
Shopping Centres

The commencement of marketing which may be

confirmed by formally placing the property on the
open market, press release, or the appearance of
the first advertisement offering the property for
sale; signifies the conclusion of the preparation of
the property for sale.

Trade area statistics and demographics

information
Percentage rental and turnover rent
history.
Door counts and other pedestrian
traffic statistics
Expansion potential of the existing
centre

FOOTNOTE:
These notes have been prepared for general guidance.

Tenancy mix in regard to attraction

to shoppers and a proportional
breakdown of anchor tenants,
national chain specialty shops and sole
traders

It is acknowledged that various State Governments

have similar but not always identical legislation and
consequently the practitioner is required to be aware of
relevant legislation and local customs in applying these
notes eg many of the items set out under headings such

Accessibility, transport and car-parking

interface o Arrears history Industrial

as Preparation of Financial Details and Preparation

of Disclosure Material are covered in Victoria in the

Contamination report

Vendor s Statement, prepared by the vendor s solicitor

pursuant to Section 32 of the Sale of Land Act. The

Transportation infrastructure

vendor s solicitor will generally liaise with the vendor

Nevertheless the practitioner should be familiar with

Onsite heavy vehicle movement and

access

the above prescription in Preparing Property For Sale and

Height and clear span dimensions

and the appropriate authorities in collating the material.

should not deviate from scrutinizing the process to

ensure that a comprehensive professional and successful
outcome is facilitated.

Short Stay
Accommodation

Trading history
Projected performance
Performance guarantees
List of FF & E together with ownership
and age
Related facilities and profit centres, eg.
food and beverage, conference and
recreational
Occupancy levels
Average room rates
Customer profile
Licensing issues

11.8 .8

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A N Z R E A L P R OP E R TY G UI D A N C E N OTE 8

Residential Project Demonstration suite

Marketing
Finishes options
Furniture and fittings package
Body corporate provisions
Details of common property
Residential

Street appeal
Presentation and physical condition
Potential for re-characterisation and/or
extension
Access to amenities

Development Land Town planning

Services available
Indicative feasibility
Architectural and other layouts/plans
Any approved development material
Alternate use studies

ANZ RP GN 8 P REPA R IN G P ROPE R T Y F OR SAL E

11.8 .9

THI S PA G E I S I N TE N TI ON A L LY L E F T B L A N K

1 1 . 8 . 10

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11. 9

A N Z R E A L P R OP E R TY G UI D A N C E N OTE 9

ANZRPGN 9 PROPERTY
DEVELOPMENT MANAGEMENT AND
S OF APPOINTMENT
1.0 Introd uction
1.1

Purpose
The purpose of this Guidance Note is to provide a
checklist for Members engaged in Development
Management whilst also providing a pro forma
T
consultant to a development project.

1.2

1.3

Scope
This Guidance Note applies to Members appointed
as Development Manager in the role of the
Principal s representative in the development
process, including the initial concept, feasibility
and design, obtaining approvals, documentation,
construction, compliance, co-ordination of leasing
and sales campaigns, (or any part or parts of
this development process). It should be used in
conjunction with other guidance notes and
practice standards which are either over-arching or
directly applicable to the type of property, purpose
or issues involved.

Housing Estates

Commercial

Retail

Industrial

Hotels and Resorts

Infrastructure

These projects may be new, redevelopment,

refurbishment, strata, etc.

Status of Guidance Notes

Guidance notes are intended to embody
r
refore may
(although this should not be assumed) provide
some professional support if properly applied.
While they are not mandatory, it is likely that they
will serve as a comparative measure of the level
of performance of a Member. They are an integral
part of the Valuation and Property Standards
Manual.

Managed by Highly Trained Professionals

It is important that this development process is
managed by highly trained professionals who
understand property development and the
principles of delivering the right development, in
the right location, at the right time.

3.0 The Role of the

Developm ent Manag er
3.1

Responsibilities
The Development Manager s responsibilities are
mainly in the following areas:
o

Manage the process of defining the client s

project goals and objectives.

Acting as the representative and certifier

of the Principal in the co-ordination of all
professional, technical, administration and
other services to be provided.

Prepare Consultants briefs, analyse proposals,

fees submissions and make recommendations.

2.0 Developm ent Projects

Appointment of Consultants on behalf of the

Principal.

2.1

Diverse Range

There is a diverse range of property development

projects undertaken. These mainly include:

Manage the process of achieving the client s

stated goals and objectives.

Carrying out the functions described in the

following Checklist , either directly or
through appropriate consultants.

Subdivisions

ANZ RP GN 9 P R OPE R T Y DEVE LOPMEN T MAN AGEME N T AN D

S OF APP OINTMENT

1 1 . 9 . 11

A N Z R E A L P R OP E R TY G UI D A N C E N OTE 9

3.2

Broader Development Management

Role
It is intended this paper be used as a guide to the
broader development management role. It is not
intended to be used for the purpose of project or
construction management and supervision.

4.0 Developm ent Consultancy

Che cklist
4.1

Appointing Development Team*

Redefine Client s Goals and Objectives

(*Architects, Builders, Engineers, Quantity

Surveyors, Town Planners, Surveyors,
Environmental Scientists, Solicitors, Selling, Leasing
and Managing Agents, Valuers, Financiers, etc.)
Financial Feasibility
o

Financial Analysis

Sensitivity Analysis

Competitive Analysis

Finance Establishment

Marketing Options

Project Site Acquisition/Consolidation

Project Cash Flow

Negotiations with vendors

Project Time Charts

Instruction of Solicitors, Valuers, Surveyors,

Town Planners, etc

Approvals

Pre-purchase investigations

Contamination Report

Due diligence [ANZRPGN 6]

List of Duties
The following is a check list of duties for a
development project and may involve the
appointment of specialist consultants.

Preliminary Feasibility Study

o

Preliminary Market Research

Town Planning/Resource Management Criteria

Design Criteria

Services (water, sewerage, drainage, etc.)

Legal (title, easements, etc.)

Defining Highest and Best Use Options

Value Management Exercise on options

Preliminary Financial Analysis and Cash Flow

Development Management Strategy and

Program

Concept Design and Planning

11.9 .2

Design Brief

Global Planning

Testing Design Options

Liaison with Authorities

Initial Dilapidation Report

Detailed Site Analysis

Environmental Audits and Impact Statements

Insurances (Building, Public Risk, Professional

Liability, etc.) [ARPGN 1]

Liaison with Statutory Authorities

Liaison with Community, Resident Action, etc

Development/Building Approvals

Rezoning Applications

Court Appeals

Strata and Stratum Title, Dual Occupancy,

Community Title, Cluster, Title, etc.

Land Subdivision Approvals

Pre-Construction
o

Value Management Assessment

Liaison with Existing Tenants

Working Documents/Alternative Procurement

Methods

Appointing Builder/Construction Manager

Tender Process

Environmental Controls

Construction Staging

Cost Control and Accounting Systems

Construction
o

Dilapidation Report

Monitoring Construction/Variations

Site Meetings

Construction Finishes

Cost Control and Budgets

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Recommendation Progress Payments

Incentive Fee

Environmental Controls

Disbursements

Tenant Co-ordination

Default Interest (in the case of not being paid

on time by the Principal).

Fitout
o

Engaging Tenant Coordinator

Tenancy Negotiations Overview

Liaison with Occupants

Appointing Interior Architects/Designers

Appointing Builder/Fitout Specialist

A detailed schedule is set out in the attached

Terms of Appointment (see Appendix).

6.0 Feasibility Stud y

The Development Manager should prepare a
feasibility study, time planning program and cash
flow including a financial analysis at the beginning
of the appointment. This can be used as the
basis of the Development Plan and Strategy for
the project and be regularly reviewed during the
project. All assumptions should be clearly set out.

Completion & Occupation

o

Defects Liability Management

Handover To Owner

Certificate of Compliance

Liability and Retention Bonds/Defect Periods

Construction Manual(sub-contractors,
specifications, etc)

7.0 Meeting s
It is preferable that the Principal and Development
Manager meet at least monthly. The Development
Manager should arrange and conduct the meeting,
the keeping of records and issuing of minutes
including responsibility for actions and a client
status report.

Leasing and Marketing

o

Leasing/Sales Strategy

Appointment of Leasing/Selling Agents

Supervision of Marketing Campaigns

Rents, Terms and Conditions

Leases Documentation

Advising on Sale Prices

8.0 Consultancies
The Development Manager can advise and make
recommendations to the Principal on the
appointment of and terms of agreement with
Consultants. The Development Manager s advice
should include details of professional indemnity
insurance.

5.0 Developm ent Manag em e nt

Fe es
5.1

Percentage Basis
The most common method of fee is charged on
a percentage basis on the total development cost
(including land, building, interest, etc.). This usually
ranges between 1% - 3% depending upon the
complexity and size of the project.

5.2

9.0 Term s of Ap pointm e nt

9.1

Guide for Appointment

The attached Terms of Appointment (see
Appendix) is provided as a guide for Members and
their clients for the appointment in the role as a
Development Manager.

Methods
The main methods of calculating fees include:
o

Percentage Fees

Hourly Rates

Fixed Fee

Maximum Guaranteed Fee in Agreed Scope of

Works

9.2

ANZ RP GN 9 P R OPE R T Y DEVE LOPMEN T MAN AGEME N T AN D

Not All Inclusive

It is not intended to be an all inclusive agreement
but a guide for an agreement between a
development manager and his/her client.

S OF APP OINTMENT

11.9 .3

A N Z R E A L P R OP E R TY G UI D A N C E N OTE 9

10.0 Caution
10.1 Guide Only
This paper is intended as a guide only and all
parties should seek their own legal advice as to the
basis of specific agreements.

11.9 .4

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A N Z R E A L P R OP E R TY G UI D A N C E N OTE 9

APPENDIX TERMS OF APPOINTMENT OF D EVELOPMENT

MANAGEMENT CONSULTANT
BETWEEN THE DEVELOPMENT MANAGEMENT CONSULTANT:
[Name of Company] ................................................................................................................................
ACN

..................................................................................................................................................................................

[Registered Address] ..........................................................................................................................................................

...........................................................................................................................................................................................
Represented by ................................................................ ( Development Manager and the Consultant s Representative )
AND THE CLIENT:
[Name of Company] ........................................................................................................................................
ACN

..................................................................................................................................................................................

[Registered Address] ..........................................................................................................................................................

Represented by .................................................................................................................. ( the Client s Representative )

1.

Date of Issue

representation, warranty or condition made by either

party prior to the date hereof is expressly excluded
except as may be required to establish the date of
appointment of the Consultant if such appointment
occurs separately from or independently of, this
document.

This Memorandum was issued to the Client by the

Consultant on
This ..................... day of ....................... , 20 ........
2.

Scope and Intention of this Document

i.

The purpose of this Memorandum is to confirm the

appointment of the Consultant by the Client on a
retainer to undertake development management
work on terms encompassing or exclusively defined by
the following terms and conditions.

ii

The Client may accept or ratify these terms and

conditions either by executing this Memorandum or
by other actions described in Clause 4 which may
have the effect of confirming the appointment of the
Consultant on these terms.

iii.

Upon the happening of the events described in

Clause 4 and subject to the operation of that Clause,
the Client shall be deemed to have accepted the
terms and conditions set out in this Memorandum as
applying from the starting date which is established
under Clause 3 and these terms shall be binding on
the parties from that date.

iv.

This Memorandum shall be dated by the Consultant

as at the date of issue of the Memorandum to the
Client and that date is not necessarily the date of
commencement of the terms of this Agreement.

v.

Where acceptance or ratification by the Client of

these terms and conditions occurs by execution of this
Memorandum or separately in writing, any statement,

vi.

The terms and conditions contained in this

Memorandum which are expressed to be essential
may not be varied by either party except in writing
signed by both parties.

3.

Starting Date
The terms of this Agreement are effective and operate
to govern the appointment of the Consultant by
the Client on the earliest of the dates that correctly
appear in either a. or b. or c. below :

a.

The parties agree that the Consultant commenced

work at the request of the Client on the following
date, namely ............................................................
................................................................................
[insert date that instructions to start were received or
that work started, otherwise leave blank]
Or: [delete Clause as applicable]

b.

This appointment shall commence on the following

date, namely on .......................................................
................................................................................
[insert date only if agreed in negotiations, otherwise
leave blank]

c.

ANZ RP GN 9 P R OPE R T Y DEVE LOPMEN T MAN AGEME N T AN D

The date after receipt by the Client of this

Memorandum upon which the Consultant is

S OF APP OINTMENT

11.9 .5

A N Z R E A L P R OP E R TY G UI D A N C E N OTE 9

requested by the Client to commence or continue

work in respect of the project or property the subject
of this Memorandum, whether such request is made
with reference to or independently of this document.
4.

Acceptance or Ratification by Client

i.

The Client shall have accepted or ratified the terms

and conditions as set out herein either:

a.

Upon execution of this Agreement by the Client

whereupon Clause [Link] below applies; or

b.

By conduct of the Client amounting to confirmation

or acceptance made at any time after receipt by the
Client of this document, whereupon Clause [Link]
below applies.

ii.

In further definition of Clause 4.i.a. above, upon

execution by the Client, this document sets out
conclusively the agreement between the parties.

iii.

In further definition of Clause 4.i.b. above, even if

this document is not signed by the Client, where
the Client utilises the services of the Consultant
concerning the subject project or property without
first expressing non-acceptance of the offer implicit in
this Memorandum, a Consultancy Agreement will, to
the extent that the context and circumstances permit,
come into existence between the parties on the terms
and conditions as set out in this Memorandum. If
the Client excludes some but not all of the terms and
conditions set out herein, and the terms and
conditions that remain contain an actionable
agreement, the offer remains open to acceptance by
conduct of the Client on those terms and conditions
that remain.

5.

Term of Appointment

i.

The term of appointment is for either:

a.

Such reasonable period as may be required by the

Consultant to undertake the work as specified herein
and as otherwise requested by the Client.
Or: [delete wording not required]

b.

any period of delay due to a stand down occurring

under Clause 27.
6.

Nature of Appointment

i.

The Consultant is engaged as an independent

contractor and the relationship of employer and
employee is expressly excluded as between the client
and the consultant or any person engaged by the
consultant including the Development Manager and
the Consultant s Representative.

ii.

The Consultant takes complete responsibility for

employment and engagement by it of the
Development Manager and indemnifies the Client
in respect of any claim for remuneration the
Development Manager may make against the Client
related to or arising from the employment of the
Development Manager.

7.

Representatives and Authority

i.

The Client is represented by the person whose

name appears in Item 3 of Schedule 1 to whom
full responsibility for the subject property and the
proposed development has been delegated by the
Client including the power to provide instructions to
the Development Manager and the Consultant and to
vary or waiver the terms of this Agreement.

ii.

The Consultant is represented by the person whose

name appears in Item 2 of Schedule 1 in all aspects
relating to the interpretation and implementation of
this Agreement and that person is the sole person
responsible for any variation, terms, amendment or
addendum to this Agreement made on behalf of the
Consultant.

iii.

The Consultant appoints the person whose name

appears in Item 1 Schedule 1 as Development
Manager and makes this person available to
undertake all of the development management work
on behalf of the Consultant required under this
Agreement.

iv.

The Consultant and the Development Manager shall

report to and accept directions and supervision at all
times from the Client s nominated representative or
such other person as may be duly authorised by the
Client s nominated representative and or the Client to
provide such directions or supervision.

v.

Either:

a.

The Consultant may substitute another person as

Development Manager only with the consent of
the Client whose consent shall not be unreasonably
withheld.

The appointment shall terminate either on the

happening of the following event or at the expiration
of months/years, whichever shall first occur.
Event referred to:

ii.

iii.

In the event of there being any extraordinary delay in

implementing the brief for reasons beyond the control
of the Consultant, the term of the appointment shall
be extended by the period of any such delay. [delete if
not applicable]
The term of this appointment shall be extended by

11.9 .6

Or: [delete Clause not applicable]

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A N Z R E A L P R OP E R TY G UI D A N C E N OTE 9

b.

It is an essential term of this Agreement that the

person whose name appears in Item 1 of Schedule 1
shall remain as the Development Manager throughout
the life of this Agreement.

vii. Other Details

.................................................................................
.................................................................................
.................................................................................

8.

Qualifications and Experience

.................................................................................

i.

A resume of the qualifications and experience of the

Consultant is attached as Schedule 2.

.................................................................................

ii.

A resume of the qualifications and experience of the

Development Manager is attached as in Schedule 3.

9.

Subject Property

i.

The street address of the property which is the subject

11. Development Consent Authorities

i.

................................................................................
................................................................................
................................................................................

of this Agreement is: ...............................................

................................................................................

.................................................................................
.................................................................................

If the above Authority refuses the proposed

development, a right of appeal or review lies with: ..

.................................................................................

................................................................................

.................................................................................

ii.

iii.

The legal or title description of the property the

subject of this Agreement is: ....................................

ii.

................................................................................

................................................................................

Other relevant authorities whose consent may be

required: ...................................................................

................................................................................

.................................................................................

................................................................................

.................................................................................

................................................................................

.................................................................................

iii.

.................................................................................

Survey Plan - attached/not attached

10. General Description of Proposed Development

i.

Type of Development ................................................

12. Planning Instruments

i.

.................................................................................
.................................................................................
.................................................................................
ii.

General Description ..................................................

.................................................................................
.................................................................................

b.

The relevant planning instruments as disclosed in the

attached Certificate issued by the relevant Consent
Authority. [Section 149 in NSW]

ii.

Other relevant planning policies or controls: .............

.................................................................................
Number of Storeys ....................................................
.................................................................................
iv.

................................................................................

Proposed Gross Floor Area (where applicable) ...........

................................................................................

.................................................................................
v.

vi.

a. The relevant planning instruments controlling the

development potential of the subject property are: ...
.................................................................................
.................................................................................
.................................................................................
.................................................................................
.................................................................................
Or: [delete wording not required]

.................................................................................

iii.

The Consent Authority with power initially to approve

the proposed development is: ..................................

................................................................................

Residential (where applicable)

................................................................................

1br

................................................................................

2br

3br

Other

No. ............................................................................

13. Development Brief

Size (m=) ...................................................................

i.

The Client s objectives in relation to the design and

implementation of the proposed development are
referred to as the Brief .

ii.

The Client and the Consultant undertake to the

Car parking
No. spaces ..................... No. Enclosed ....................
No. Open ..................................................................

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11.9 .7

A N Z R E A L P R OP E R TY G UI D A N C E N OTE 9

extent that each is able, to ensure that the Brief

specifies:
a.

The expected or agreed time frame for the happening

of critical events;

b.

The scope of works to be undertaken by the

Consultant including any foreseeable additional work
due to possible contingencies; and

c.

Any other essential or agreed assumptions.

iii.

The Brief as it stands as at the date hereof is set out in

Schedule 4.

iv.

If Schedule 4 is blank at the date hereof:

a.

The Brief may be inferred from all relevant matters

communicated between the parties prior to the date
hereof, whether orally or in writing, or both.

b.

v.

The Client may require that the Consultant prepare

the Brief and any document prepared by the
Consultant which gives effect to this instruction,
becomes the initial Brief.
The Client may vary the Brief at any time provided
that:

a.

Any such variation is given to the Consultant in

writing; and

b.

If the variation involves a material or substantial

change in either the time frame, scope of works or
agreed assumptions, the parties undertake to review
the fees payable under Clause 17 and to try to reach
an agreement to adjust these amounts to figures that
are considered appropriate under these circumstances
to be in keeping with any increase or decrease in the
scope or complexity of the task. In the event of failure
to agree upon any such adjustment, or in the case
of arbitration of this issue under Clause 29 where
a party does not accept the determination which is
made, either party shall be entitled to terminate this
Agreement whereupon Clause 28 shall apply.

vi.

The Client undertakes, as far as is possible to

provide advance warning of changes to the Brief
and to discuss with the Development Manager the
implications and effects of any such change including
the expectations of the Client in relation to any review
of the fees payable under Clause 17.

14. General Nature of Work to be Undertaken

The work to be undertaken by the Consultant
comprises:
i.

Provide the Client with advice that may reasonably

assist the Client to make management and investment
decisions directed towards maximising the asset value

11.9 .8

of the subject property and or maximising the profits

of the Client from the subject property.
ii.

In the case of new development schemes or variation

of existing schemes:
Use its professional skill and expertise to attempt to
obtain approval where appropriate from the relevant
Consent Authority for a development scheme or
schemes for the subject property which:

a.

Maximises the development potential of the site.

And or
Maximises the residual land value of the site when
analysed using a Feasibility Study based on reasonable
assumptions.

b.

Takes account of relevant market factors.

c.

Takes account of the physical capability and constrains

of the site.

d.

Takes account of planning and development controls.

e.

Complies with the Brief issued by the Client.

f.

Follows the express instruction of the Client

( standing instructions ) whether in variation of the
Brief or otherwise.

g.

To the extent that the Brief issued by the Client or

the standing instructions of the Client compromise or
conflict with the objectives stated in a. to d. above,
the Brief or the instructions shall prevail.

iii.

In the case of construction:

a.

To ensure the production of detailed working

documents and specifications.
[insert own details]

iv

In the case of disposal:

[insert own details]

v.

In the case of detailed costings being required:

[insert own details]

vi

In the case of a market study being required:

[insert own details]

vii

In the case of feasibility studies being required:

[insert own details]

viii. Other
[insert own details]
15. Specific or Special Duties
Specific or Special duties are as set out in Schedule 5
hereto.

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16. Standing Instructions

i.

ii.

The Client may issue instructions from time to time

relating to the carrying out of this consultancy which
must be followed by the Consultant except where any
such instruction is inconsistent with this Agreement.
Such instructions shall be referred to as the Standing
Instructions . These instructions shall be recorded
by the Development Manager when and as issued
and shall be maintained in a register of all such
instructions.

17. Fees and Disbursements Payable

i.

a.

Travelling expenses including fuel expenses incurred in

the use of a motor vehicle during business hours and
for work related purposes.

Accommodation where reasonably required or where

the project is more than 50 kilometres from the office
of the Consultant.

Photographs, plan printing and document production

costs.

Such other disbursements as may be approved by the

Client from time to time.

Such other disbursement costs as specified below.

The Development Manager shall be entitled to a fee

for those services as follows:

$ .....................................

Percentage Fee (based on the total cost of the

development including land, building interest, OR

ii.

In the event that the scope or complexity of the brief

increases, the Consultant shall:

percentage of Gross sales) ..................................... %

a.

Undertake any additional work that may be required

at the hourly rates specified in Clause 17.i.b.

This is payable in equal monthly instalments estimated

OR

to be $ .......................... pcm
(Payments may also be paid on a staged basis if
specified)

b.

Give notice to the Client that in lieu of a. above, any

additional work shall be undertaken only if the Client
agrees to increase the amounts or rates payable under
17.i.a., c. or d. (as may be applicable) in proportion to
any such increase in scope or complexity.

iii.

Nothing in Clause [Link]. shall limit the rights of either

party to re-negotiate the fees payable in the event of
a material or substantial change in the Brief as set out
in Clause 13.v.b.

iv.

The rates set out in Clause 17.i.b shall be increased

annually in line with any annual increase in inflation
during the year immediately before the relevant date,
as published by the Australian Bureau of Statistics in
the CPI or such other appropriate indice.

OR
b.

Rates per Hour:

Executive Director

$ ............. per hour

Development Manager

$ ............. per hour

Assistant Development Manager $ ............. per hour

Other

$ ............. per hour

OR
c.

Fixed Fee

d.

Incentive

e.

f.

$ .............................

The Development Manager may be paid lump sum

payments upon achieving certain objectives (e.g Rezoning, Development Approval, Practical Completion,
etc).

18. Standard of Conduct

i.

The Development Manager and the Consultant shall

at all times exercise proper or reasonable care in the
performance of the duties under this Agreement.

Fee Upon Termination

ii.

In the event of termination by the Client under Clause

28 or upon the ruling of an Arbitrator under Clause
29, the Consultant shall be paid a termination fee as
specified in Clause 28.

Work undertaken under this Agreement must always

be of a good professional standard.

iii.

The Consultant shall use its best endeavours to

perform this Agreement and either:

a.

The Consultant will try at all times to elicit or promote

the best possible outcome for the Client but does not
warrant to obtain any particular result.

Disbursements
The Consultant will be reimbursed by the Client for:

Telephone and fax expenses including mobile

telephone expenses incurred during business hours
and at other times if for work related purposes.

Or: [delete Clause not applicable]

b.

ANZ RP GN 9 P R OPE R T Y DEVE LOPMEN T MAN AGEME N T AN D

The Consultant warrants that it will procure or achieve

the following result by the date specified.

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A N Z R E A L P R OP E R TY G UI D A N C E N OTE 9

Result Warranted ......................................................

development as the Development Manager considers

from time to time may be desirable or necessary.

Result Date By: .........................................................

iv.

The loss claimable against the Consultant for failure

to procure or achieve the above result by the date
specified shall not exceed the total remunerisation
payable under this Agreement.

22. Duty to Control and Direct Others

i.

The Development Manager representing the

Consultant is required to direct and have the care
and control of other Consultants involved in the
development as directed by the Client.

ii.

Except to the extent otherwise agreed between the

parties, the Consultant is not responsible for the
appointment of any other consultant or for the
payment thereof or for any delay or error occasioned
by any such consultant, these matters being the sole
responsibility of the Client.

19. Duty to Report

i.

The Development Manager representing the

Consultant will report to the Client on a regular basis
and otherwise as may reasonably be requested by the
Client.

ii.

The Development Manager and where applicable

the Consultant shall seek the directions of the
Client on a regular basis and at any time where by
the standard of prudent management, it would be
appropriate to seek such direction on any relevant
issue including but not limited to issues such as the
conduct of negotiations for development or building
approval, any change in design, change in materials
or specifications or documentation, problems arising
during contract negotiations or administration,
matters affecting construction progress, weather or
industrial delays, supply logistics, variations, quality
problems, budget changes, cash flow, marketing and
leasing and tenancy co-ordination.

23. Normal Work Load

The Development Manager shall be available to work
on the tasks required or envisaged by this Agreement
as follows:
i.

The Development Manager shall undertake work in

performance of this Agreement at such times and for
such periods as the Consultant considers as may be
reasonably required to complete this Agreement.

ii.

The Development Manager shall during the period of

this Agreement, work either:

a.

A minimum of hours per week.

20. Duty Not to Bind Client

Neither the Development Manager nor the Consultant
shall bind the Client to any legal or commercial
obligation nor sever or vary any Contract involving or
affecting the Client without the express authority of
the Client.
21. Duty to Communicate
i.

The Development Manager shall keep the Client

fully informed of all significant events affecting
or concerning the development when and as the
Development Manager becomes aware of such
events.

(a) The Client shall be entitled to communicate with

the Development Manager between 7 am and 9 pm
on weekdays and 9 am and 5 pm on weekends and
holidays.
(b) The Development Manager will be available for
communication with the Client whenever it is
reasonable and practicable to do so between the
hours referred to in sub-paragraph (a) of this subclause.
ii.

The Development Manager shall promptly suggest

in writing to the Client such variations to the Brief
or to any standing instructions applicable to the

1 1 . 9 . 10

Or: [delete where applicable]

b.

An average not less than hours per week.

iii.

The Development Manager shall be available at any

time reasonably required by the Client.

24. Holidays and Leave

The Development Manager may be absent from active
duties on the following occasions and at such
time the Consultant shall not be liable to make a
replacement person available:
i.

The Development Manager shall be entitled to be

absent for the purpose of holidays to a maximum of
four (4) weeks per annum to be taken at such times
agreed between the Client and the Consultant.

ii.

The Development Manager shall be entitled to

be absent from duties on all public holidays so
designated in this State.

iii.

The Development Manager shall be entitled to be

absent from duty whilst on sick leave for any
continuous period not exceeding 10 working days
provided that the Consultant must advise the Client
of such absence and produce to the Client a Medical
Certificate upon request. In the event of sickness
exceeding 10 working days, the Consultant shall

AN Z VA LUAT I ON A ND P ROPE R T Y STAN DARDS

A N Z R E A L P R OP E R TY G UI D A N C E N OTE 9

make an alternative person of comparable skill

available in place of the Development Manager unless
exempted from this requirement by the Client.

28. Termination
i.

This Consultancy may be terminated by either party

for any reason by serving on the other party Notice of
Termination in accordance with this clause.

ii.

A Notice of Termination shall specify the date on

which this Consultancy is to terminate and the reason
if any for such termination, and must be served on
the other party personally or by registered mail at the
last known or published address of that party.

iii.

In the event of termination by the Client without

there having been any Default by the Consultant of a
fundamental term of this Agreement:

The Development Manager shall not engage in any

other employment or business activity during the
continuance of the appointment without the prior
approval in writing of the Client whose approval may
be given or withdrawn at any time without reasons
given.

a.

If the basis of remuneration includes payment under

Clause 17.i.b. (hourly rates), upon termination
without

The Consultant and Development Manager may

during the period of this Agreement take instructions
from any other client and be involved in any other
development project except where there may be any
possible conflict of interest with this Agreement.

b.

If the basis of remuneration includes payment under

Clause 17.i.a. or c. (percentage fee or fixed fee), upon
termination without default by the Consultant the
Client shall pay to the Consultant $

c.

If the basis of remuneration includes payment under

Clause 17.i.e. (incentive), upon termination without
default by the Consultant the Client shall pay to the
Consultant $

d.

Paragraphs a, b and c above operate independently

and any amounts payable thereunder are payable
cumulatively.

iv.

In the event of termination by the Client following a

default by the Consultant of a fundamental term of
this Agreement:

a.

If the basis of remuneration includes payment under

clause 17.i.b. (hourly rates), upon termination the
Client shall pay to the Consultant notwithstanding
any default, any amount due up until the termination
takes effect.

b.

(1) If the basis of remuneration includes payment

under Clause 17.i.a. (percentage fee) or 17.i.b. (fixed
fee), upon termination the Client shall pay to the
Consultant notwithstanding any default, reasonable
remuneration in respect of the work performed up to
the date of termination.

25. Health and Medical Condition

i.

A condition of appointment is that the Development

Manager is of good health sufficient to fulfil all
reasonable duties.

ii.

The Development Manager must submit to any

independent medical examination as may reasonably
be required by the Client.

26. Other Employment or Business

i.

ii.

iii.

In any event, the Consultant and or the Development

Manager must disclose to the Client all other
Consultancy appointments relating to projects
or properties the undertaking of which that may
reasonably be expected to have some bearing on the
performance by the Consultant under this Agreement:

a.

Forthwith, if that other consultancy is current.

b.

Hereafter, prior to entering any other such

consultancy.

c.

At any time whenever a possible conflict of interest

comes to the attention of the Consultant and or the
Development Manager.

default by the Consultant the Client shall pay to the

Consultant $

27. Stand-Downs
i.

The Client may suspend this Agreement at any time

that the Development Manager cannot usefully be
employed because of any strike, mishap, closure
of business or stoppage of work or for any other
cause for which the Client cannot reasonably be held
responsible. This does not break the continuity of this
appointment for the purpose of entitlements.

ii.

Upon recommencement following any stand down

under this Clause, the Consultant shall be entitled to
a reasonable allowance for start up costs payable on
an hourly rate (in addition to the amounts to which
the Consultant is otherwise entitled under Clause 17).

(2) The amount of such reasonable remuneration shall

be agreed between the parties or, failing such
agreement, shall be determined by an arbitrator
appointed by the parties or failing agreement by the
parties, by the President of the API at the request of
either party.

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A N Z R E A L P R OP E R TY G UI D A N C E N OTE 9

(3) In determining the amount of such reasonable

remuneration, the parties or the arbitrator as the case
may be, shall have regard only to:
a)

The totality of the work required to be performed

under this Agreement by the Consultant.

b)

The percentage of that total work which has been

completed by the Consultant.

c)

Any additional work performed by the Consultant.

d)

The quality and competence of the work performed

by the Consultant.

e)

The time spent on the work performed by the

Consultant.

f)

The level of remuneration to the Consultant under

this Agreement.

g)

Any other amounts payable to the Consultant

pursuant to this Agreement.

h)

Any other relevant factors including (but not limited

to) the difficulty and complexity of the assignment;
the value if any added to the profitability or asset
value of the Client as a consequence of the work of
the Consultant and the nature of the default by the
Consultant.

29. Dispute Resolution

If any dispute or grievance concerning this
appointment arises, it must be dealt with in the
following manner:
i.

A party claiming that a dispute has arisen must give

written notice to the other party specifying the nature
of the dispute.

ii.

The matter in dispute specified in the notice must be

discussed between the nominated representatives of
the parties in an attempt firstly to settle the matter.

iii.

If the matter is not resolved within seven (7) days or

within such further period as the parties may agree,
the dispute or grievance must be submitted for
mediation by a Mediator appointed by the parties or
failing agreement for such appointment, a Mediator
appointed by the President of the Australian Property
Institute (API);

iv.

The mediation shall be conducted in accordance with

Mediation Guidelines published by the Australian
Commercial Disputes Centre Limited (ACDC) or its
successor excluding those guidelines dealing with
selection of the Mediator;

v.

If after mediation the dispute has not been settled,

the dispute shall be submitted to arbitration
conducted in accordance with the ACDC s Arbitration
Guidelines the terms of which are deemed to be
incorporated into this Agreement;

vi.

The parties agree to submit the dispute to arbitration

and, if so agreed, to abide by the rules of arbitration
administered by the ACDC and will accept any
determination made by arbitration subject to any right
of appeal on a matter of procedure or law that may
be available except if Clause 13.v.b applies in which
case either party may refuse to accept the outcome of
arbitration;

(4) The Client shall be immediately entitled to payment

of incidental expenses incurred in appointing another
Consultant to complete the work.
(5) Other than as provided in Clause b(4) hereof, the
Consultant shall not be liable for any loss or damage
suffered by the Client as a result of the breach or
the termination, whether directly or indirectly and the
Client hereby agrees to indemnify and keep
indemnified the Consultant in respect of any claim for
such loss or damage.
v.

vi.

In the event of termination by the Consultant the

Client shall pay the Consultant forthwith such
amounts under Clause 17.i.b. (hourly rates) and 17.i.f.
(disbursements) as may be due to the Consultant.
Where termination by the Consultant follows a
change in the Brief and failure by the parties to agree
on adjusted fees as described in Clause 13.v.b., the
Client shall also pay the Consultant the amounts
specified in Clause [Link].a., b., c. & d.
Notwithstanding any other provision, this Consultancy
may be terminated summarily by the Client for
reasons of dishonesty, gross incompetence or neglect
of duty, proven criminality involving minors, violence
and or dishonesty of the Consultant or the
Development Manager, effective upon receipt by the
Consultant of a Notice of Termination given under this
Clause that states the reason which reason is true.

1 1 . 9 . 12

vii. Until the matter is determined by mediation or

arbitration, or until this Agreement is terminated, the
work required under this Agreement must continue at
the direction of the Client; and
viii. The parties must co-operate to ensure that these
procedures are carried out expeditiously.
30. Confidentiality
i.

The parties must not divulge or use, either for their

own benefit or that of others, any confidential
information acquired during this appointment.
Confidential information refers to any information
(written or oral) which is not publicly available and this
obligation extends beyond the date the Consultant
ceases work for the Client under this Agreement.

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A N Z R E A L P R OP E R TY G UI D A N C E N OTE 9

ii.

iii.

The Consultant must not communicate information of

any kind relating to the Client, the Board of Directors,
shareholders, Managing Director or General Manager
of the Client to staff of the Consultant or to persons
outside the Client except as is necessary for the
business and objectives of the Client.
The Development Manager shall not engage in
discussions nor communicate with any Member of
staff or contractor of the Client concerning the terms
of this Agreement or specific details of the work
being undertaken pursuant to this Agreement.

31. Copyright
i.

ii.

iii.

iv.

All plans, reports, drawing, printed and handwritten

documents produced by the Consultant relating to
the proposed development shall remain the property
of the Client except where otherwise agreed by the
Client (e.g Architect s copyright).
The Consultant shall be entitled to retain a copy of all
such plans, drawings, reports and the like for its own
records.
Copyright in all plans, drawings, reports, documents
and the like is vested in the Client subject to such
other rights that may exist.

b.

To be enforced against the Guarantor with/without

the Consultant first exhausting any remedy it may
have against the Client.

c.

Is a continuing guarantee for all moneys payable as

and when the same ought to be paid and for the
due and punctual performance by the Client of its
financial obligations to the Consultant.

d.

Is irrevocable and will remain in full force and effect

until the Consultant has received all moneys due and
payable to it by the Client.

34. Essential Terms

The following clauses of this document and the
annexures thereto are essential terms of this
Agreement;
i.

Those clauses expressed to be essential terms.

ii.

Clauses 2, 3, 4, 5, 7.I., 17, 18, 20, 28, 29, 30, 32, 33,
34

iii.

The following clauses;

[Insert Clause No. of any other essential term]

.................................................................................
35. Some Agreed Terminology

Copyright in any method or system devised by or

owned by the Consultant including any software
program, worksheet or spreadsheet shall remain
vested in the Consultant.

32. Notices
Notices other than notices of termination may be
served by either parties by fax subject to machine
printed proof of transmission being retained by the
sender and being produced on request to the receiver.
Notice of termination must be served personally or
by mail at the last known or published address of the
other party.

In the interpretation of this document except to the

extent the same is excluded or contrary to the
construction or intended meaning taken in its context:
i.

This Memorandum shall be referred to as The

Consultancy Agreement which is further abbreviated
in this document as the Agreement or this
Agreement .

ii.

The natural person whose name appears in Item 1 of

Schedule 1 shall be referred to as the Development
Manager .

iii.

Any reference to the Consultant is a reference to

the Development Management Consultant.

iv.

Any reference to a duty or obligation of the

Development Manager is also a reference to the duty
or obligation of the Consultant and vice-a-versa.

v.

The Client and the Development Management

Consultant may be referred to as the parties .

vi.

Any reference to a person means a natural person.

33. Guarantee
i.

The performance of the obligations of the Client are

guaranteed by the following natural person:
.................................................. ( the Guarantor )

ii.

The Guarantor unconditionally guarantees the due

and punctual performance, any obligation of the
Client to pay moneys to the Consultant which are
payable.

iii.

This guarantee is a fundamental term of the

appointment.

iv.

This guarantee is:

a.

A principal obligation and is not ancillary or collateral

to any other right or obligation.

vii. Any reference to mediation is a reference to a

private negotiation between the parties before an
independent third party (the Mediator) as further
described in Schedule 6.
viii.

ANZ RP GN 9 P R OPE R T Y DEVE LOPMEN T MAN AGEME N T AN D

r
expected by the parties at the date of this Agreement

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13

A N Z R E A L P R OP E R TY G UI D A N C E N OTE 9

or is outside any time frame for the happening of

events agreed between the parties but excludes any
delay that does not impact on the critical time path
as expected by or as has been agreed between the
parties.

SCHEDULE 6 --- MEDIATION

o

Mediation is a private negotiation between the parties

before an independent third party (the Mediator). It is
not open to any other party.

The Mediator s role is to manage the communication

process and assist the parties to resolve the dispute.

A mediation is generally an informal process.

The Mediator opens the hearing and invites the

person who has requested help to present an outline
of the facts. The other party will then be asked to
respond.

Either party may present a proposal to resolve the

issues at any time during the mediation.

The Mediator has no legal jurisdiction to issue orders

or give directions. His role is to assist the parties to
reach an agreement.

Following negotiations an agreement may be reached

or alternatively the parties may seek an adjournment
to consider matter raised in the mediation.

If agreement is reached during a mediation, a

Mediation Agreement should be signed by both
parties and the Mediator. The Mediation Agreement is
then binding on both parties.

ACKNOWLEDGMENT & ACCEPTANCE BY

GUARANTOR

The cost of the mediation, and sometime the meeting

place should be shared equally by the parties.

I guarantee the performance of the Client under this

Agreement.

In some cases mediation may be unsuccessful. Should

this occur, the Mediator will certify that the mediation
has failed and if one or both parties requires, the
matter may be referred to the Australian Commercial
Disputes Centre Limited for a determination by
arbitration.

To the extent that any of the matters set out above

are contrary to or inconsistent with the Mediation
Guidelines from time to time of the Australian
Commercial Disputes Centre Limited ACN 003
042 840 or its successor ( the ACDC ), the ACDC
Mediation Guidelines shall prevail.

OFFER & ACKNOWLEDGMENT BY CONSULTANT

I offer the appointment on the terms and conditions
set out above and acknowledge that I agree to be
bound by these:
Signed: .....................................................................
Name Printed: ...........................................................
Date: ........................................................................
Address for Notices: ..................................................
ACCEPTANCE & ACKNOWLEDGMENT BY CLIENT
I accept the appointment on the terms and conditions
set out above:
Signed: .....................................................................
Name Printed:............................................................
Date: .........................................................................
Address for Notices:...................................................

Signed: ......................................................................
Name Printed:............................................................
Date: .........................................................................
Address for Notices:...................................................
NOTE:

SCHEDULES TO BE ATTACHED

Schedule 1

Nominated Representatives

Item 1 Item 2 -

The Development Manager

The Development Management
Consultant s Representative

Item 3 Schedule 2

Client s Representative
Curriculum Vita of Development
Management Consultant

Schedule 3

Curriculum Vita of Development

Manager

Schedule 4

Development Brief

Schedule 5

Specific Duties

Schedule 6

Mediation (attached)

1 1 . 9 . 14

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A N Z R E A L P R OP E R TY G UI D A N C E N OTE 1 0

A NZR PGN 10 LEA S ING A GENT

S ERV ICES
1.0 Introd uction

3.0 Client Relationship

1.1

3.1

Purpose
Members providing Leasing Agent Services must
do so to the standard of professionalism and skill
required and consistent with membership of the
Institute and with compliance to law

Members shall at all times act in the best interests

of the client and in accordance with the client s
instructions.

3.2
1.2

Status of Guidance Notes

Guidance notes are intended to embody recognised
d practice and therefore may (although this
should not be assumed) provide some professional
support if properly applied. While they are not
mandatory, it is likely that they will serve as a
comparative measure of the level of performance
of a Member. They are an integral part of the
Valuation and Property Standards Manual.

1.3

1.4

3.3

3.4

3.5

Code of Ethics
Members must at all times conduct themselves
in accordance with the standards set out in the
Institute s Code of Ethics.

2.3

Notice of Illegal or Unethical Concerns

If receiving an instruction from the client, which
the Member believes to be illegal or unethical, the
Member shall communicate such concerns to the
client in writing as soon as possible.

Standards of a Technical Nature

Members shall abide by any principles or standards
of professional conduct of a technical nature laid
down in the By-Laws of the Institute s Constitution.

2.2

Act Promptly and Efficiently

The Member shall at all times act promptly
and efficiently in the servicing of the clients
instructions.

2.0 Professional Cond uct

2.1

Frequent and Regular Communication

The Member shall on a frequent and regular
basis, or as agreed between Member and client,
communicate to the client the progress being
made in respect of the instructions issued to the
Member.

Client
r,
landlord, lessee or their appointed representative.

Confirm Instructions in Writing

Upon appointment to act for the client, the
Member shall immediately confirm in writing to
the client the basis of the appointment, the scope
of services the Member will provide to the client,
and the basis of the fee structure for those services
unless covered under a previous agreement.

Scope of this Guidance Note

This Guidance Note applies to Institute Members
providing Leasing Agent Services to Clients. It
must be used in conjunction with other practice
standards and guidance notes that are either
over-arching or directly applicable to the type of
property, purpose or issues involved.

Clients Instructions and Best Interests

Legislation
Members shall act in accordance with relevant
legislation.

ANZ RP GN 1 0 L EASIN G AGE N T SE R V ICE S

4.0 Leasing Ag ency

Ap p ointm e nt s
4.1

Claim to Act
No Member shall claim to act for a client unless
appointed in writing to do so.

4.2

Methods of Acting
The Member, when accepting an appointment
to act as Leasing Agent for the client shall act
generally by one of the following methods:

11.10.1

A N Z R E A L P R OP E R TY G UI D A N C E N OTE 1 0

Sole agency or exclusive agency appointment

Co-ordinating or Joint Agency

General or open agency appointment

discretion, but generally shall accept nominations

of tenants with whom they have had no prior
contact.

5.3
4.3

Act for Tenant

Members shall effect all nominations in writing.

Upon receipt of written nomination from an
Introducing Agent, Members shall immediately
confirm acceptance to Introducing Agent in
writing.

Where the Member is appointed to act for a

tenant, their client shall be deemed to be the
tenant and the Member shall not seek a fee from
anyone other than the tenant, and shall disclose to
all parties that they act for the tenant.

4.4

Not Claim to Act Unless Appointed

5.4

No Member shall claim to act for a tenant unless

appointed in writing to do so.

4.5

4.6

5.5

5.6

4.8

Not Claim Agency Where None Exists

5.7

The Member must disclose to their client any

actual or potential conflict of interest that may
arise as a result of their appointment.

5.1

to the client.

5.2

5.8

Accepting Nominations

Consent for Inspection

No Member shall inspect a property with a tenant
without the consent of the client or the appointed
agent.

Seeking to Nominate a Tenant

Any Member seeking to nominate a tenant for a
property shall do so to the appointed agent unless
the property

Fee Structure
When nominating or accepting nominations,
Members shall confirm the basis of the fee
structure applicable for the nomination if
successful.

Conflict of Interest

5.0 Leasing Agency Practice

Tenant Introductions
Where a Member has introduced a tenant to one
or more properties by way of nominations or direct
introduction, and is not appointed to act for the
tenant, that Member must act in the best interest
of the lessor and must not advise the tenant or
proffer any advice that may be contrary to the
lessor s best financial or other interests.

Not Undermine Another Member

No Member shall claim to have an agency

appointment in the knowledge that no such
appointment exists.

Joint Coordinating Agent

Where appointed as a joint coordinating agent, the
Member will confer with their joint agent prior to
accepting any nominations from outside agents.

No Member shall seek to undermine the reputation

or the ability of another Member.

4.7

Nominations from Agents Exercising

Control
In general, Members shall accept nominations only
from those agents that can demonstrate, or
exercise control over the nominated tenant, by way
of a physical inspection of the property.

Not Contact Client of Sole Agent

No Member shall directly contact the client
of another agent where that agent has been
appointed to act on the basis of either a sole or
exclusive or a co-ordinating agency (unless they
are also the joint coordinating agent) or have
unequivocal consent from the appointed agent to
do so.

Written Nominations

5.9

Commercial Viability of Prospective

Lessees
Where a Member has reasonable grounds for
questioning the solvency or commercial viability of
any party introduced as a prospective lessee of the
property, the client should be so advised.

Members as sole or coordinating agents may

accept nominations from outside agents at their

11.10.2

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6.0 Marketing

7.0 Other

6.1

7.1

Members shall pay fees to nominating agents

promptly following payment of their own fees by
the client.

marketing board on a property without client

consent, or where another agent has been
appointed as sole or co-ordinating agent.

7.2
6.2

Not Advertise Lease Without Consent

No Inspection Without Prior Consent

No member shall conduct an inspection of a
tenancy without the prior consent of the tenant in
occupation.

6.4

Property Information

Fee on Basis of Written Agreement

Members must base their fees on the basis of the
written agreement with their client and must not
seek to knowingly overcharge or take false profits.

No Member shall advertise a property as being for

lease without client consent.

6.3

Pay Fees Promptly

7.3

Account to Co-ordinating Agent

When acting as the nominating agent, unless
instructed otherwise by the sole or co-ordinating
agent, Members must account to the sole or
co-ordinating agents for their fees and not to the
client direct.

Members shall present property information on the

basis of fact and not on assumption and shall
endeavour to provide full details of the premises to
be leased and the lease terms.

6.5

Confidentiality
In spite of the absence of any specific
confidentiality provision within the Agency
Agreement, a Member shall not issue any press
release without the client s written agreement.
Any agreement so granted is a specific agreement
to the form of words or content that has been
submitted to the client for approval.

ANZ RP GN 1 0 L EASIN G AGE N T SE R V ICE S

11.10.3

THI S PA G E I S I N TE N TI ON A L LY L E F T B L A N K

11.10.4

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A US TR A L I A R E A L P R OP E R TY G UI D A N C E N OTE 1

ARPGN 1 LAND
C O N TA M I N AT I O N I S S U E S
are either over-arching or directly applicable to the
type of property, purpose or issues involved.

1.0 Introd uction

1.1

Purpose

1.4

The purpose of this Guidance Note is to outline

information, issues, and approaches relating to
contamination of land. The Institute recommends
that it be used by Members as a guide for the
valuation, assessment or reporting of land
which is contaminated or whose contamination
status is unknown or uncertain. Land includes
improvements, structures or additions to the land.

1.2

Status of Guidance Notes

Guidance notes are intended to embody
r
refore may
(although this should not be assumed) provide
some professional support if properly applied.
While they are not mandatory, it is likely that they
will serve as a comparative measure of the level
of performance of a Member. They are an integral
part of the Valuation and Property Standards
Manual.

1.3

This Guidance Note recognises the International

Valuation Standards 1 and 2, and the International
Valuation Application 2 by the International
Valuation Standards Committee and it is intended
to be consistent with the concepts and definitions
contained in those standards, however, there
may be departures from IVSC Standards to reflect
Australian & New Zealand law and practice.

1.5

A RP GN 1 LAND CONTAMI N ATI O N ISSUE S

Member Involvement
Members are able to provide appropriate skilled
advice in relation to valuation and property matters
with the assistance of and in accordance with this
Guidance Note and bearing in mind the limitations
referred to herein.

1.6

Marketplace More Aware

Increased environmental consciousness within
the general community, environmental protection
legislation, litigation associated with pollution and
land contamination, and incidents where property
users suffer financial loss directly or indirectly from
such cases, have made the marketplace more
aware of the potential adverse effects of chemical,
radiation, noise and other contaminants in air,
groundwater, soil and the overall environment.
The market can overreact and prices may be
artificially depressed. Further, limited information
about a particular contaminant that is thought to
be present on a property can cause a secondary
ffect on values. Conversely, the market
seems to be increasingly aware that contaminated
properties can be redeemed and redeveloped into
viable assets.

Scope of this Guidance Note

This Guidance Note applies to Members reporting
on property and it deals with broad examples of
environmental contamination and their potential
effect on value and marketability. It offers
guidance on general concepts and concerns, and
suggests approaches that are considered to have
merit. It does not purport to provide a definitive
coverage of the environmental issues, which
may arise, or the manner in which Members
should deal with these issues. Many issues of
land contamination are poorly defined and
involve complex or unresolved matters. Formulaic
approaches to the valuation and assessment of
contaminated land, are not adequately developed.
The appropriate procedures will vary according to
the circumstances of each property being valued
or assessed. Members should apply their own skill
and judgement in applying the information
contained herein to their own practice. This
Guidance Note should be used in conjunction with
other guidance notes and practice standards that

International Valuation Standards

1.7

Advice about Commercial Impact

Clients, whether they are property owners,
vendors, purchasers, financial institutions, receivermanagers, holders of major or minor property
portfolios, etc, will often look to Members of
the Institute for advice and guidance on how
land contamination affects their financial security

12.1 .5

N Z VA L UATI ON G UI D A N C E N OTE 1

and asset value. Although Members cannot and

should not promote themselves as authorities
who are fully capable of measuring, recording and
providing detailed scientific advice on behalf of the
client, they should be able to provide some level of
advice to the client about the commercial impact
of suspected or evident contamination.

1.8

Problems Requiring Further

Investigation
Members of the Institute should take all
reasonable care in these matters. Members who
attempt to mitigate their responsibilities by adding
a disclaimer saying that the property has been
regard to the question
of pr
re not providing
the level of best practice expected by clients
and may not satisfy the standards of practice
required by the courts. Therefore, the Institute
recommends that its Members become sufficiently
knowledgeable about the contaminants, laws
and regulations associated with this topic and
their effect on property values to meet the above
standards. This involves Members qualifying
advice, where appropriate, so as to properly
inform the client of potential problems which may
require further investigation, and thereby meet the
Member s professional obligations.

1.9

Members are encouraged to actively foster

professional association with consultants
specialising in the identification and treatment of
contamination.

2.0 Ty pes of Contam inants and

Exam p les
2.1

There is a wide range of potential environmental

contaminants, varying from liquid and solid
chemicals to corrosive gases and radioactive
substances.

2.2

1.10 Definition of a Contaminated Site

As defined by the Australian and New Zealand
Environment and Conservation Council (ANZECC)
and the National Health and Medical Research
Council (NHMRC), a contaminated site comprises
rdous substances occur at
concentrations above background levels, and
where assessment indicates it poses or is likely to
pose an immediate or long term hazard to human
health or the envir
rence

12.1 .2

Physical Contaminants
Each contaminant must be considered for its
potential physical and non-physical impact.
Examples of physical contaminants include
asbestos, hydrocarbons, lead, mercury, arsenic,
cyanide and pesticides, but are not limited to
these substances. Mining by-products can include
nutrients and arsenic compounds amongst others.
Unexploded ordinances have been another
environmental difficulty associated with former
defence force lands. Organic compounds such as
formaldehyde are problem sources. Coal tars from
coal-using powerhouse operations, asbestos, or
PCBs can cause toxicity problems. These are but
some examples.

Can Affect Full Spectrum of Property

Types
Members will rarely be in command of enough
information or evidence to completely rule out
the possibility of land contamination. They can,
however, through careful research and observation,
provide advice about suspected contamination
and the potential consequences on a property s
Market Value. Environmental contamination can
affect the full spectrum of property types, and
should be considered in all property valuations and
assessments.

Wide range

2.3

Non-Physical Contaminants
These are contaminants that include non tangible,
physical substance. However, they should be
consider
r
A typical problem could be forms of radiation,
intense radio wave transmissions and excessive
heat.

2.4

Radon
Radon is a naturally occurring radio-active gas that
is responsible for about half our exposure, which is
unavoidable, to background radiation. The
inhalation of radon and its decay products
increases the risk of lung cancer. Radon emanates
from particular radioactive materials in the ground
and, to a small extent, from building materials.
It disperses in the open air, but elevated levels may
be found in spaces like poorly ventilated
basements and caves, although such levels have
not been found to be a health hazard in Australia.

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2.5

Toxins in the Internal Home

Environment

Three Phases of Investigation

Phase 1: Preliminary Site Investigation

These comprise a long list of substances, including

insecticides, lead based paint, wood preservatives,
polishes, weed killers, bleaches and numerous
other substances. Certain timber related or
artificially produced materials used for home
insulation, furniture and fittings may release
formaldehyde or other traces of preservatives
that create health problems for some individuals.
(Many of these home toxins are not structural but
transient and may be removed through relatively
low cost means.) Unless specific circumstances
exist such as the use of these products in
commercial quantities, comments on domestic use
in a valuation report are considered excessive.

2.6

A Phase 1 is the preliminary assessment of any

contamination on the site. It includes the following
steps:

Information on possible contamination of the site

is crucial to the property professional. The two
main sources of such information are a Historical
Land Use Survey and a scientific Survey of
Environmental contamination as would be
conducted by an Environmental Engineer/Auditor.

A RP GN 1 LAND CONTAMI N ATI O N ISSUE S

A basic sampling and analysis to determine

the presence of contamination

A report prepared

The concentration of various contaminations

The volume of soil to be remediated

The leachability and mobility of contaminants

Any contamination of groundwater

Any possibility of off-site migration of

contaminants.

The results from Phase 2 investigation provide

exposure and envir
contaminants on the existing and intended land
uses. If the intended use will cause unacceptable
impact on the environment, then, depending on
the conditions, a partial or full remediation, or
other land contamination management strategy
has to be implemented. A health and environment
risk assessment has to be carried out, and a site
specific remediation plan has to be prepared.
(Footnote 4)

Environment Related Court Cases

Information on Possible Contamination

A physical site inspection

Phase 3: Health and Environmental Assessment

and Determination of Remediation Plan.

Environment related court cases, particularly the

Federal Court, have the potential to affect value
if judgements establish new areas as a result
of previous activities or management. Where
doubt exists, this case law may prove appropriate
investigation.

3.1

If the Phase 1 investigation shows further

investigation is required, a detailed site
investigation is carried out to assess:

Changes in Lists and Definitions of

Hazardous Substances

3.0 Identify ing and

Quant ify ing
Contam ination

An investigation of site history

Phase 2: Detailed Site Investigation

Lists and characteristics of substances constituting

hazardous waste and amounts of substances
considered detrimental change frequently as new
information becomes available. Such information
is often available from State or local environment
agencies. Preliminary lists are provided in
Appendices 1 and 2. The ANZECC/NHMRC
Australian and New Zealand Guidelines for the
Assessment and Management of Contaminated
Sites, January 1992, also contain a substantial list.

2.7

3.2

Phase I Survey : Background Research &

Historical Land Uses
Previous owners and employees can be a good
source of information on the property s history.
Local councils can provide a wealth of information
on more prominent properties, and a search
of titles can provide some indication of former
use. Many state governments have aerial photos
that can assist in identifying some former uses.
Government departments such as those involved
with mining, public water supply, environment
and health, may have regulating records and other
useful information.

12.1 .3

A US TR A L I A R E A L P R OP E R TY G UI D A N C E N OTE 1

3.3

from a register should not be taken to imply that

a site in not contaminated. Even in the absence of
a register of contaminated sites, Department of
Environment staff may still be willing to provide
relevant information regarding some sites.

Look for Signs

It is important to look for signs that suggest a
former use, if not a present use, which may have
lead to, or caused, some form of contamination.
Following the preparation of a site history, there
will need to be a complete detailed site inspection.
There are often tell-tale signs on the site that can
indicate the possible presence of some forms
of contamination. The member should look for
disturbed or coloured soils, disturbed vegetation,
the presence of any chemical containers, or
chemical odours, and view the quality of any
surface water. In addition, surface soils or earth fill
may have been introduced to the site from other
locations. The potential for contamination from
off-site sources should also be considered. An
Environmental Assessment Checklist is provided
in Appendix 3. The ANZECC/NHMRC Australian
and New Zealand Guidelines for the Assessment
and Management of Contaminated Sites include
a useful chapter on identifying and quantifying
contamination.

3.6

Potential or Actual Contamination

Issues
A Member conducting an inspection of a property
for the purpose of providing a valuation or
other report should be aware of the potential of
site contamination of any property. During an
inspection for this purpose, the Member should
attempt to identify from on-site observations
any potential or actual contamination issues and
report accordingly, recommending further expert
advice where appropriate. Other site factors to
initially consider include site layout and contours,
storage areas, geology, water features and nearby
developments which may affect the subject land.

3.7

Report by Suitably Qualified Expert

Phase 1 of Investigation.

3.4

Member s Role
Members should be aware however, that their
role and expertise is limited to the detection
and preliminary identification of discoverable
contamination by reasonable site inspection
and enquiries of appropriate authorities. and
subsequent reporting. Detailed identification
quantification of contamination should be left
to those who specialise in that field. Where,
however, information is available to the Member,
this should be provided to the client together
with a statement of the source (whether it be a
neighbour, former owner or environmental expert)
and an appropriate qualification.

3.5

Register of Contaminated Sites

Some States compile a register of contaminated
sites which is maintained by the relevant State
environmental authority and is available for
public inspection. Where the Member discovers
or suspects that a site may be contaminated it
would be prudent to inspect the Contaminated
Sites Register in applicable States. This will
help to provide the Member s client with useful
information, thereby enhancing the level of
service provided and discharging the Member s
professional obligations. Members should not
be over-reliant on these registers as they are not
exhaustive, especially in those States where they
are not formally required by legislation. Absence

12.1 .4

A report on the site history of the property,

provided by suitably qualified expert, may address
the following issues:
o

present and past land uses;

processes and/or activities carried out on the

site;

major processes and/or activities that were

carried out near the site;

locations within the site of each process and/

or activity;

duration of each process and/or activity;

waste disposal activities;

source of contamination and effluent

migration pathways;

presence and purpose of underground tanks;

signs of spills of hazardous materials.

Phase 2 of Investigation
If, after carrying out an investigation and
inspection, the Member is concerned or suspects
that the property is or could be subject to
potential contamination that could either restrict
the future use of the site or militate against a
financial consideration, the Member is obliged
to recommend that the client seek more detailed
advice from appropriately qualified professionals.

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A US TR A L I A R E A L P R OP E R TY G UI D A N C E N OTE 1

Such advice should be formed having regard to

both the current and future use of the site. A
Phase 2 Investigation by a specialist environmental
engineer or scientist or other suitably qualified
professional may include any or all of the
following:
o

historical land use survey;

environmental risk inventory;

evaluation of special contaminants such as

asbestos, PCB s, acids, poisons such as arsenic,
and radionuclides;

remote sensing surveys;

identification of on-site toxic vapours;

surface soil and water samplings and

laboratory analysis;

sub-surface soil sampling and laboratory

analysis;

groundwater sampling and laboratory

analysis;

a site plan specifying locations of

contaminants

a health and safety plan.

3.9

The Member should not hold himself or herself

out as an expert in issues of site or other
contamination.

3.10 Recommending a Survey of

Environmental Contamination Where
Detailed Information Cannot Be
Obtained
Ultimately, only through scientific testing can the
level of contamination be verified properly. Such
testing can be both expensive and time consuming
and cannot in itself provide a complete guarantee
that contamination is not present.
Where contamination is suspected and where
detailed information cannot be obtained, the
Member should assess on the basis that a property
is free of contamination, and qualify that value
on the basis that some contamination may be
present that could have an impact on the value.
The following provides an example of the type of
qualification which may be appropriate in these
circumstances:
rom our inspection of the property we consider
that there is (or could be) a potential for (detail
past/current contamination) to exist and would
recommend that advice should be obtained from
a suitably qualified environmental expert. Please
note that our valuation has been assessed on the
basis of no on-site contamination. Should the
above mentioned environmental advice reveal any
contamination our valuation may require r

The survey may include, in terms of a particular

purpose or specific conditions of a site, a
recommendation as to whether or not the
contamination has reached an action level where
remediation or risk reduction levels are necessary.
Phase 3 of Investigation
Subsequently, it may be necessary for the
appointed environmental consultant to move
into a third phase of consultancy including site
characterisation, the preparation of a preliminary
remedial action plan with cost estimates, the
conduct of negotiations with regulatory agencies,
the design of remediation systems and continuing
management, and the development of suitable
future monitoring arrangements.

The greater the perceived risk of contamination

being present, the str
the more specific should be the accompanying
advice.

4.0 Rem ediation Practices and

Techniq ues
4.1

3.8

Whether Expert Engaged

A Member needs to be aware of the process of the
Phase 1 investigation sufficient to advise a client
as to the need for the engagement of a suitably
qualified expert. The Member should also take
detailed field notes that may or may not be used
in the final report but will nevertheless stand as a
record that the valuation or assessment was carried
out having regard to the potential presence of
contamination.

A RP GN 1 LAND CONTAMI N ATI O N ISSUE S

Not Expert

Remediation Techniques Rapidly

Changing
The practice of remediation of environmentally
contaminated property is rapidly changing. New
techniques are being developed, new standards
are being set, both by the professions themselves
and those who legislate standards.

4.2

Remediation Defined
attempting to moderate the severity of the

12.1 .5

A US TR A L I A R E A L P R OP E R TY G UI D A N C E N OTE 1

contamination of soil, groundwater, service water

or buildings by various measur
Note that remediation can include measures that
alleviate the effect of contamination without
destroying or removing the contaminants, as with
-

4.3

should avoid giving advice outside their area of

expertise.

4.6

Clean Up Methods
As far as the removal of the contaminant source is
concerned, there are different clean up methods.
The common ones include:

Influence on Value

o On site treatment
The influence of remediation or clean-up on
value will depend on such factors as whether the
contamination is contained (restricted) on-site,
technology available the EPA controls affecting
it, the length of time required to make good to
permit development and use of the land and the
possible need for further analysis and monitoring
after the remediation process. The risks associated
with achieving remediation in accordance with the
defined plans may have to be factored into the
value assessment.

4.4

The contaminants are destroyed or broken down

while the soil remains in-situ or excavated on site,
eg. bio remediation, land farming, vertical mixing
and chemical fixation.
o Off site treatment
The contaminated soil is excavated, removed
from the site and taken to a depot for treatment,
eg. high temperature incineration, soil washing,
thermal absorption, particle-size separation,
chemical treatment like base catalysed
dechlorination (BCD), ball-mill pulverisation and
super-critical fluid extraction.

Remediation Techniques
Remediation techniques could involve removal
of affected soil from the site and replacement

o Off site disposal

The contaminate soil is excavated and removed
from the site for disposal at a controlled landfill.
Given that it is a controversial issue to allow
transport of a contaminated soil on public roads,
it is unlikely that the authority will approve this
remediation method today.

hydrocarbon-affected soil from lower depths,

the pumping out of contaminated groundwater
or chemical neutralisation, eg. the use of lime to
neutralise high acid content, and a wide variety of
other measures. One difficulty with soil removal is
that local authorities tend to be reluctant to allow
disposal of contaminated soil.

4.5

o Containment on site
This method is to keep the contaminated soil insitu and to restrict access to it and prevent leaking
and leaching by suitable means, eg. encapsulation
and capping (Footnote 6).

New Technology
The new technology that is becoming available
may potentially reduce the extent of the negative
effect of contaminants on property and its value.
Technology that permits safe, efficient and
inexpensive clean-up of contaminants tends to
minimise impact on value. However, clean-up
costs can still be prohibitively expensive because
of difficulties in disposing of contaminated soil,
toxic waste and chemicals. Members should
keep abreast of technological advances relating
to this topic. The ANZECC/NHMRC Guidelines
(Footnote 5) provide a site-specific approach to
the management of contaminated sites, and
indicate that remediation can be tailored to the
actual proposed use of the land. Such awareness
will assist the Member in advising appropriately on
the potential risks associated with contaminated
sites and the need for their clients to seek further
information from appropriately qualified experts.
Nevertheless, as previously referred to, Members

12.1 .6

In addition to the above, recycling may also be an

acceptable remediation method, eg. silver is
recovered from recycling silver bromide used in the
photo processing industry. However, given the high
cost of recycling, this method is feasible only for
end products with high value.

5.0 Im pact on Value:

General areas of Cost
Im pact
5.1

Responsible Party
Depending upon the relevant legislation, it is usual
that the responsible party bear the clean-up costs
of contaminated properties. Where responsibility
cannot be determined, the chain of title is

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A US TR A L I A R E A L P R OP E R TY G UI D A N C E N OTE 1

generally followed with the current owner most

likely to be liable. Members should refer to their
relevant state legislation when determining the
responsible party and the chain of responsibility.

5.2

5.7

This can involve a variety of techniques such as

simply removing and replacing contaminated soil
(recognising that an acceptable location to receive
contaminated material is often very difficult to
find), extracting harmful chemicals in groundwater
by pump extraction, or isolating and permanently
sealing off contamination. Neutralising the
contaminants with special chemicals is a possible
solution in some cases. Environmental engineers
and other experts can explain the options for
remedial work or hazard reduction and provide
cost estimates for undertaking this work.

Effect on Present and Future Utility

Remediation costs can range from mild instances
requiring low expenditure with little impact on
value, to severe cases where virtually no use of the
property is possible for the present or foreseeable
future and prohibitive costs are needed to correct
the problem. The degree to which contamination
affects the present and future utility of the
property must be quantified before a value can be
readily assessed.
Due to the specialist work involved in assessing the
type, extent and cost of remediation, Members are
strongly advised not to provide their own estimate.

5.3

5.8

Initial Survey Costs

Cost to Remedy
The cost of remediation of a particular problem
can be major, but care needs to be taken not
to understate or overstate the impact on value.
For example, property may be able to maintain
an income stream while remediation process is
in progress. In some cases these costs may be
amortised over a period rather than as a one-off
cost.

5.5

5.6

value by deterring prospective buyers. Such

effects will usually be included within the
Stigma component of environmental liabilities.
Alternatively, Members may include a separate
r to cover these effects. Such a
figure should either be provided by an
environmental expert or estimated by the Member
following suitable enquiries of solicitors. It should
always be qualified to inform the client that it
is a contingency figure only and that it may not
reflect the costs actually incurred should litigation
eventuate.

All Costs with Clean-up

The cost to remedy a contamination problem
includes all costs resulting from and associated
with the clean-up. These include the cost of the
physical clean-up, monitoring remedial measures,
legal fees and continuing costs. Costs may also
involve a capital improvement such as a more
efficient, less polluting system that enhances
residual property value significantly.

Develop & Maintain Cost Information

File
Members may develop and maintain files of cleanup cost information. This information should not,
however, be used to give detailed environmental
advice or cost estimates to clients. Appropriate
experts should be retained for this purpose.

A RP GN 1 LAND CONTAMI N ATI O N ISSUE S

Legal Costs
Legal costs associated with contamination may be
considered part of the cost to cure the problem.
The extent of these legal costs will vary according
to the circumstances of each particular property.
Members should refer to these costs in their
report, where appropriate, and ensure that they
are addressed by any expert environmental report
obtained. The potential for litigation or pending
litigation may affect marketability and further
affect

The first cost associated with environmental

contamination is the cost of discovering the extent
of any problem.

5.4

Physical Clean-up and/or Remedial

Costs

5.9

Continuing Costs
Final costs are often unknown before the
completion of any clean-up. These costs often
exceed original estimates, especially when future,
more stringent regulations are anticipated. In
addition, perceived or actual risks remaining
after completion of clean-up may result in higher
insurance costs. Members should ensure that
figures obtained from environmental experts make
allowance for these continuing costs and that
these costs are appropriately spread over a period
corresponding to anticipated plant or improvement
life or the period of the remediation.

12.1 .7

A US TR A L I A R E A L P R OP E R TY G UI D A N C E N OTE 1

5.10 Indirect Costs

These can include anything that affect the
property s income producing potential during
or after the clean-up. For example, tenants may
not be able to live in a rental unit during lead
paint removal. Another example would occur
if one portion of an industrial plant could not
be used because of toxic contamination and
an intermediate product manufactured in that
area was no longer able to be produced on-site.
Additional expenses would be incurred and the
operation s earnings could suffer accordingly.
Holding costs, due to delays in development
caused by the need for prior remediation, are
another form of indirect cost.

5.11 Financing
There can be an adverse effect through financiers
applying more conservative lending policies where
there is a perception that a property may be
secondary due to the effects of contaminants. (A
Member, however, has a responsibility to ensure
that mortgage clients are adequately informed of
risks associated with known contamination.)

5.12 Indemnification Agreements

Some indemnification agreements, as set out by
the seller, agree to retain responsibility for current
and future costs related to environmental
contamination. From the point of view of market
sales information, the sale price would need to
be discounted. The valuer wherever possible
makes enquiries to establish the extent of the
indemnification.

5.13 Stigma
This is an intangible factor that may not be
measurable in terms of cost to cure but may have
real impact on Market Value. It arises from the
effect of present or past contamination upon the
market s perception of the property and represents
a discount, beyond the direct and indirect costs
likely to be incurred, required to compensate
for the risks associated with contaminated or
previously contaminated property including the risk
of achieving the planned remediation.

5.14 Market Perception

The market may perceive stigma exists because of:
o

12.1 .8

Uncertainty affecting the existing or future use

of the site;

Risks associated with the effectiveness of

remediation;
r

Concern at possible hidden clean-up costs;

Prejudice arising out of prior site uses;

Alternative site uses being restricted;

Legislative issues affecting contaminated sites;

Possible future financing and marketability

difficulties;

Risks associated with public liability.

Stigma makes property less desirable, even when a

complete remediation or cleanup has been carried
out. That is, where there is a market perception
that a property is or has been contaminated,
despite the availability of information that cleanup
has taken place, the market will often pay less
than normal unaffected values. This situation is
similar to obsolescence and represents a lingering
detriment to a property. In some cases the stigma
effect is variable with time or is transitory.

5.15 Effect May be Out of Proportion

The stigma effect on value may be out of
proportion to the cost to cure the problem, and
can persist at varying levels for many years.
Main Causes of Market Value Loss
There are three broad categories of market value
loss caused by land contamination:
o

cost and risk of remediation including

consultancy, legal and monitoring costs;

liability to the public; and

stigma (affecting marketability and suitability

for mortgage security).

5.16 Contaminants may not Necessarily

Reduce Value
The presence of contaminants within a property
may not necessarily reduce its value within the land
use class or industry in which it is operating. Under
State laws an existing use might be continued
without remediation being required. For example,
an industrial tailings pond having protective
confines within land may contain toxic compounds
that form part of a valuable industrial process for
which there is a long term market demand. Special
licensing generally accompanies these processes
and the property can continue to be used as it is. A
valuer reporting a value under these circumstances

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should also advise the client that the valuation

could be significantly different should the current
use cease.

7.4

The lessor could be responsible for the activities

of a lessee who is unable to pay remediation
costs or penalties . Many leases now contain
provisions to prohibit activities that would
result in contamination. Where the lessee could
be engaging in activities that could result in
contamination, the valuation should comment on
inadequate provisions of the lease.

6.0 Potential Problem s for

Lend ers
6.1

Lenders have Potential Exposure

Lenders have potential exposure to risk through
land contamination as follows:
o

loss of market value of collateral (property);

a borrower s inability to repay loans because

of clean-up costs, penalties or inability to
continue business activities;

8.0 Indem nity Insurance

8.1

lender s liability for clean-up costs following

foreclosure of a mortgage, entering into
possession as mortgagee in possession, or
even exercising control under a scheme of
arrangement.

Legislation Increasing
Legislation affecting property contamination and
related environmental matters is increasing in
this country and overseas. A list of some of the
relevant legislation and agreements is offered in
Appendix 6.

7.2

Environmental Protection Authorities

in Australia

Policy Exclusions
Members should be aware of any exclusions within
their professional indemnity insurance policy
related to pollution, contamination or specific
contaminants. Some policies do not provide cover
in relation to claims arising from or in connection
with these matters. For example, many policies
exclude liability for claims arising from nuclear
radiation. Furthermore, a Member may in some
instances not be covered by a policy where the
Member has failed to confine himself or herself to
their field of expertise. Members should consult
their professional indemnity insurance brokers in
this regard.

7.0 Legislation
7.1

Responsibility for Lessees

9.0

GST CAUTION
Since the introduction of the GST on 1st July 2000
specific legal and/or accounting advice will need to
be sought regarding the GST implications for this
Guidance Note.

A list of the internet addresses for the

Environmental Protection Authorities in Australia is
offered in Appendix 7.1.

7.3
Members who are acting for the vendor of a
property should recognise that certain State
legislation embodies the principle that in matters
of land contamination, ther
caused the land being valued to be contaminated,
they may not be able to avoid responsibility for
subsequent remediation even though the property
has been sold. Members should refer to their own
State legislation in this regard. Future Federal
legislation may influence liability issues.

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12.1 .9

A US TR A L I A R E A L P R OP E R TY G UI D A N C E N OTE 1

A P P END ICES
APPENDIX 1
United Nations Hazard Classes

APPENDIX 2
Potentially Contam inating
Aactivities, Industries and Land
Uses

1.

Explosives

1.

2.

Flammable Gas

1b. Arsenic

3.

Non-Flammable/Compressed Gas

2.

Acid/Alkali Plant and Formulation

4.

Poison Gas

3.

5.

Highly Flammable Liquid

Agricultural Activities (Vineyards, Tobacco, Sheep

Dips, Market Gardens). Heavy metals

6.

Flammable Liquid

4.

Airports. Trichlore-ethylene from solvent cleaning

operations.

7.

Flammable Solids

5.

8.

Substances Liable to Spontaneous Combustion

Alumina Refinery Residue Disposal Areas. Fluoride

(atmospheric emissions).

9.

Substances Emitting Flammable Gases when Wet

6.

Asbestos/Asbestos Production

10. Oxidising Agents

7.

By-Product Animal Rendering. Pesticides.

11. Organic Peroxides

8.

Bottling Works

12. Poisonous (Toxic) Substances

9.

Breweries. Pesticides, oils and greases, underground

storage tanks

13. Infectious Substances

14. Radioactive Substances
15. Corrosives
16. Miscellaneous Dangerous Substances
The categorisation of contaminating substances into these
r
rovided by the United Nations.
These classes are not necessarily exclusive. Members
should not confine their attention to substances falling
within these classes.

Abattoirs and Animal Processing Works

10. Brickworks
11. Car Wreckers. Oils and greases, TPH and BTEX
compounds, TCE (solvent cleaning).
12. Cement Works
13. Cemeteries
14. Ceramic Works. Heavy metals.
15. Chemical Manufacture and Formulation
16. Coal Mines and preparation Plants. Organic
compounds --- surfactants.
17. Defence Works
18. Docks. Oils and greases, TPH and BTEX compounds,
TCE (solvent cleaning), pesticides, heavy metals.
19. Drum Reconditioning Works
20. Dry Cleaning Establishments. Organic compounds.
21. Electricity Distribution. PCB compounds.
22. Electroplating and Heat Treatment Premises. Chrome,
heavy metals.
23. Ethanol Production Plants
24. Engine works. TPH, BTEX compounds, organic
compounds (associated with solvents).
25. Explosives Industries
26. Fertiliser Manufacturing Plants

1 2 . 1 . 10

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27. Gasworks

60. Tanning and Associated Trades (eg. Fellmongery)

28. Glass Manufacturing Works

61. Timber Treatment works. Formaldehyde, copper,

chrome, arsenic.

29. Horticulture/Orchards. OCP and OPP pesticides.

30. Industrial Tailings Ponds. Heavy metals, organic
compounds, TPH, BTEX.
31. Iron and Steel Works
32. Landfill Sites. Variety of possible contaminants.
33. Limeworks
34. Marinas and Associated Boat Yards. Heavy metals --particularly Tri butyl tin
35. Metal Treatment. Heavy metals.
36. Mineral Sand Dumps
37. Mining and Extractive Industries
38. Munitions Testing and Production Sites
39. Oil Production, Treatment and Storage
40. Paint Formulation and Manufacture

62. Transport/Storage Depots

63. Tyre Manufacturing and Retreading Works. Glues --volatile organic constituents.
64. Waste Treatment Plants in which Solid, Liquid
Chemical, Oil, Petroleum or Hospital Wastes are
Incinerated, Crushed, Stored, Processed, Recovered or
Disposed of.
65. Wood Storage Treatment. Formaldehyde, copper,
chrome, arsenic.
66. Wood Treatment Facility. Formaldehyde, copper,
chrome, arsenic.
67. Wood Preservation. Formaldehyde, copper, chrome,
arsenic.

Other Activities, Industries and Land Uses

1.

41. Pesticide Manufacture and Formulation

42. Pharmaceutical Manufacture and Formulation
43. Photographic Developers. Heavy metals --- Ag Cl used
as part of process.
44. Piggeries. Pesticides and heavy metals.
45. Plant Nurseries

Sites of incidence: road or rail spillage involving

hazardous substances; fires involving hazardous
substances.

2.
chemicals and their by-products, eg. spray mixing
sites; sheep and cattle dips; pesticide disposal sites.
The above lists are illustrative only. They are not intended
to be exclusive.

46. Plant or Fibreglass

47. Power Stations
48. Prescribed Waste Treatment and Storage Facilities
49. Printed Circuit Board Manufacturers. Solvents and
glues --- volatile organic compounds.
50. Properties Containing Underground Storage Tanks.
TPH, BTEX, PAH, solvents.
51. Radioactive Materials, Use or Disposal
52. Railway Yards
53. Research Laboratories. Metal, organic compounds,
radioactive elements.
54. Sawmills and Joinery works. Copper, chrome, arsenic.
55. Scrapyards. TPH, BTEX.
56. Service Stations
57. Sewerage Works
58. Smelting and Refining
59. Sugarmill or Refinery

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12.1 .
11

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APPENDIX 3 Sugg ested

Environm e ntal Checklist
The following Checklist 3 is not intended to be exhaustive.
It is included to illustrate the type of factors Members
should be aware of when undertaking a visual inspection
of a property. Members should exercise their own
professional judgement in deciding what factors are
relevant to the particular property being valued.

Hazardous Materials, Storage and Disposal

1.

2.

3.

4.

5.

6.

7.

Are there any drums, tanks or other holders of

hazardous materials like chemicals, pesticides,
cleaners, solvents on the property?
Y/N

N/A

Comment:

Unknown

N/A

Comment

If so, is there any indication of spills, leaks or

discharges to the ground from the drums, tanks,
other holders of hazardous material?
Y/N

N/A

Comment:

Unknown

N/A

Comment

Are there any areas observed with stains on the

ground or with dead or stressed vegetation?
Y/N

N/A

Comment:

Unknown

N/A

Comment

Is the facility on the property a generator of

hazardous waste?
Y/N

N/A

Comment:

Unknown

N/A

Comment

If hazardous waste is generated at the property,

does it appear to be improperly monitored or
not transported off the property by professional
hazardous waste disposal contractors?
Y/N

N/A

Comment:

Unknown

N/A

Comment

If the property generated hazardous waste, does it

have statutory environmental authority approval, or is
it licensed to do so?

8.

9.

Is there any evidence of radioactive products being

utilised on the property?
Y/N

N/A

Comment:

Unknown

N/A

Comment

Does the facility appear to be free of any obvious

sources of air emissions that have chemical odours,
fumes or mists?
Y/N

N/A

Comment:

Unknown

N/A

Comment

10. Does the facility appear to be free of any noise

pollution and are controls in place?
Y/N

N/A

Comment:

Unknown

N/A

Comment

11. Is there any evidence of any source of infectious waste

(medical pathological wastes) on the property?
Y/N

N/A

Comment:

Unknown

N/A

Comment

12. If there is any source of infectious waste, are facilities

for its disposal inadequate or not functioning
properly?
Y/N

N/A

Comment:

Unknown

N/A

Comment

13. If the current use of the property does not indicate

any of the above, could prior uses of the land involve
hazardous materials, storage and disposal?
Y/N

N/A

Comment:

Unknown

N/A

Comment

14. Is the property registered on any Government register

of contaminated land or its equivalent?
Y/N

N/A

Comment:

Unknown

N/A

Comment

15. Are the existing or past operations on the property

subject to local environmental concerns expressed by
the local community,
Council, Health
Department or EPA?

Y/N

N/A

Comment:

Y/N

N/A

Comment:

Unknown

N/A

Comment

Unknown

N/A

Comment

Does the property appear to have any pits, ponds,

lagoons (other than normal water retention ponds
required by some local councils) or other dumping
areas?
Y/N

N/A

Comment:

Unknown

N/A

Comment

1 2 . 1 . 12

16. Do the existing operations comply with current

regulatory permits and licensing?
Y/N

N/A

Comment:

Unknown

N/A

Comment

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17. With reference to storage of hazardous chemicals, are

the storage structures designed to minimise
contamination in the event of fire or natural disaster?
Y/N

N/A

Comment:

Unknown

N/A

Comment

Management Controls: Hazardous Waste

1.

2.

3.

4.

5.

6.

3.

N/A

Comment:

Unknown

N/A

Comment

1.

2.

Does the facility have an action plan in place for

monitoring and reviewing environment controls?
Y/N

N/A

Comment:

Unknown

N/A

Comment

3.

Does the facility have an emergency plan and/or

procedures in the event of a spill, explosion or break
down?
Y/N

N/A

Comment:

Unknown

N/A

Comment

4.

Are copies of licenses and/or registrations easily visible

and are they up to date?
Y/N

N/A

Comment:

Unknown

N/A

Comment

5.

Verify the current status on any current orders

Y/N

N/A

Comment:

Unknown

N/A

Comment

2.

N/A

Comment:

Unknown

N/A

Comment

Is asbestos apparent on the property?

Y/N

N/A

Comment:

Unknown

N/A

Comment

Does a walk through the facilities reveal any obvious

evidence of asbestos in ceilings, pipes, ducts, roofing,
boiler insulation or structural beams, etc, that appears
to be fireable, flaking or damaged?
Y/N

N/A

Comment:

Unknown

N/A

Comment

Were the facilities on the property constructed prior

to 1980 when the use of asbestos was banned?
Y/N

N/A

Comment:

Unknown

N/A

Comment

Has an asbestos survey/audit of the facilities been

conducted?
Y/N

N/A

Comment:

Unknown

N/A

Comment

Did the survey find the buildings to be free of

asbestos containing materials?
Y/N

N/A

Comment:

Unknown

N/A

Comment

Polychlorinated Biphenyls (PCBs)

1.

Y/N

N/A

Comment:

Is there any electrical equipment (transformers,

capacitors, etc) that contain polychlorinated biphenyls
(PCBs) on the property?

Unknown

N/A

Comment

Y/N

N/A

Comment:

Unknown

N/A

Comment

Verify the status on current audits

Extractive Industries
1.

Y/N

Asbestos

Does this facility have a policy document and is it

available to all staff?
Y/N

If yes, is there a current Development Approval

available for inspection?

Is there any extractive industry currently being

operated on the site?
Y/N

N/A

Comment:

Unknown

N/A

Comment

If yes, is there an Environmental Impact Statement

available for perusal?
Y/N

N/A

Comment:

Unknown

N/A

Comment

A RP GN 1 LAND CONTAMI N ATI O N ISSUE S

2.

If PCB containing electrical equipment is presently on

the property, is there any evidence of leaks or spills on
the ground near the equipment?
Y/N

N/A

Comment:

Unknown

N/A

Comment

Underground Storage Tanks (USTs)

1.

Are there any underground storage tanks (USTs)

containing petroleum products or hazardous
chemicals on the property?
Y/N

N/A

Comment:

Unknown

N/A

Comment

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13

A US TR A L I A R E A L P R OP E R TY G UI D A N C E N OTE 1

2.

3.

4.

5.

6.

If USTs exist on the property, are leak detection

equipment or secondary containment systems not
installed on the tanks?
Y/N

N/A

Comment:

Unknown

N/A

Comment

Agricultural-Type Properties
1.

Have they ever been tested for leaks?

Y/N

N/A

Comment:

Unknown

N/A

Comment

2.

Has there ever been an incident of a leak, spill or

discharge?
Y/N

N/A

Comment:

Unknown

N/A

Comment

Have the owners or lessees of the property

undertaken any environmental audit pertaining to
underground storage tanks on the property?

If the property has previously been used for

horticultural, orchard or market garden purposes, is
there any historic evidence of past land uses having
involved persistent pesticides, such as dieldrin or DDT?
Y/N

N/A

Comment:

Unknown

N/A

Comment

Are there any environmental audits available

evaluating the presence of pesticides?
Y/N

N/A

Comment:

Unknown

N/A

Comment

Former Defence-Oriented Property

1.

Does the land contain unexploded munitions,

radioactivity or other hazardous substances that could
be associated with defence works?

Y/N

N/A

Comment:

Y/N

N/A

Comment:

Unknown

N/A

Comment

Unknown

N/A

Comment

Have the proper registration forms been submitted to

the designated regulatory authorities?
Y/N

N/A

Comment:

Unknown

N/A

Comment

2.

Is there any information available from the

Department of Defence or local authorities regarding
the presence of unexploded
munitions?
Y/N

N/A

Comment:

Unknown

N/A

Comment

Land Fills
1.

2.

3.

4.

Is there any evidence that the site is currently being

filled or has been filled?
Y/N

N/A

Comment:

Unknown

N/A

Comment

Environmental Hazards on Adjacent

Properties
1.

Have the filling operations been approved by Council

and the EPA?
Y/N

N/A

Comment:

Unknown

N/A

Comment

2.

Do the filling operations allow for putrescible, nonputrescible or toxic wastes?

Y/N

N/A

Comment:

Unknown

N/A

Comment

Y/N

N/A

Comment:

Unknown

N/A

Comment

Are there any landfills, dumps or other waste disposal

facilities within one kilometre of the subject property?
Y/N

N/A

Comment:

Unknown

N/A

Comment

Y/N

N/A

Comment:

Is there any indication of operations such as gas

stations, chemical plants, bulk storage tanks,
manufacturing plants or other land uses which
potentially involve land contamination (as outlined in
this document), on any of the adjacent properties?

Unknown

N/A

Comment

Y/N

N/A

Comment:

Unknown

N/A

Comment:

Do the filling operations require a licence and/or

Performance Guarantee and License from the EPA?

1 2 . 1 . 14

3.

Do any adjacent properties appear to have any

improper storage or dumping of hazardous materials,
drums or containers that could impact on the value of
the subject property?

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APPENDIX 4 Sam ple Environm ental Balance Sheet

The following is a relatively simple non-costed Environmental Balance Sheet for example purposes.

IMPAIRED VALUE OPINION BALANCE SHEET

UNIMPAIRED

VALUE OPINION

Less : ENVIRONMENTAL LIABILITIES:

Due Diligence/Initial Environment Consultants Costs

Quantification & Alternative Strategy Development Costs

PRESENT VALUE OF ACTION PLAN COMPONENTS:

Remediation/Clean-Up Action Costs

Contamination Control and Management Measures

Redesign of Production Facilities

Avoidance of Migration of Contamination to Adjacent Sites

Notification, Training and Record Keeping

Allowance for Emergency Response Actions

Legal Costs

Indemnity Insurance for the Future

Monitoring Costs

Licensing Costs where Applicable

SUBTOTAL: Present Value of Action Plan

Estimated Negative Intangible (Stigma) Impact

TOTAL ENVIRONMENTAL LIABILITIES

PAIRED POSITION* $
* The GREATER of Zero or Unimpaired Value LESS any Environmental Liabilities.

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APPENDIX 5 A Method of Assessing Stigm a

Unimpaired Value of the Land (a medium hazard risk property)

Present value of remediating costs

Impaired value 1 - not allowing for stigma

Comparable Case Studies

Case Study Number

Indicated percentage
of impaired value 1 lost
to stigma

Comparison to the property being valued

25.9%

Treatment completed, stigma caused by fear of additional

contamination, less severe than the subject property.

29.2%

No treatment proposed at present, continued industrial use,

similar risk level to subject property

20.9%

Site not contaminated but is situated adjacent to a

contaminated site

32.7%

Similar type of contamination to subject property but slightly

more severe

45.4%

Heavily contaminated site, derelict land, more severe than the

subject property

Range of stigma effects indicated by comparables 20.9% to 45.4%

Comparables closest to subject property, numbers 2 and 4, 29.2% to 32.7%
Therefore percentage stigma applicable to the subject property is 31%
Amount of stigma @ 31% of impaired value 1

Impaired value 2 (taking account of treatment and associated costs and stigma)

Add value of buildings

Total value of asset

Percentage reduction in value attributable to contamination

say $
21.60%

Source: Developed from Patchin (1994) and Syms (1995) (UK)

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APPENDIX 6 Environm ental

Legislation in Australia
For legislation in Australia see Australian Legal Information
Institute (AUSTLII) Website
The following list is not intended to be exhaustive. It
should, however, illustrate the wide variety of existing
environmental legislation which may affect the value of a
particular interest in land.

Commonwealth of Australia
1.

2.

The Inter-Governmental Agreement on the

Environment.
National Waste Minimisation and Re cycling Strategy
released by Commonwealth Environmental Protection
Authority.

7.

Noise Control Act.

8.

State Pollution Commission Control Act.

9.

Marine Pollution Act 1987.

10. Petroleum (Submerged Land) Act 1982.

11. Coastal Protection Act 1979.
12. Drainage Act 1939.
13. Water Board Act 1987.
14. Pesticides Act 1978.
15. Radioactive Control Act 1990.
16. Rural Lands Protection Act 1989.
17. Soil Conservation Act 1938.
18. Unhealthy Building Land Act 1990.
19. Environmental Restoration and Rehabilitation Trust
Act 1990.

3.

Industrial Chemicals (Notification and Assessment)

Amendment Act 1989.

4.

Ozone Protection Amendment Act 1992.

5.

Commonwealth Ozone Protection Act 1988.

Queensland

6.

Petroleum (Submerged Lands) Act 1967.

1.

Local Government (Planning and Environment) Act

1990.

7.

Environmental Protection (Nuclear Codes) Act 1978.

2.

The Contaminated Land Act 1991.

8.

Nature Conservation Act 1980.

3.

Nature Conservation Act.

9.

Water Pollution Act 1984.

4.

Local Government (Planning & Environmental)

Amendment Act 1992.

5.

Pollution of Waters by Oil Amendment Bill 1992

(Proposed).

6.

Local Government Act 1936.

7.

Petroleum (Submerged Land) Act 1982.

8.

Harbours Act 1955.

9.

River Improvement Trust Act 1940.

20. Protection of the Environment (Operations) Act 1997

10. ACT (Planning & Land Management) Act 1988.

Australian Capital Territory

1.

Clinical Waste Act 1990

2.

Public Health Act 1982

3.

Poisons Act 1993

4.

Radiation Act 1983

5.

Air Pollution Act 1984

6.

Land Planning Act 1991

10. Water Resources Act 1989.

11. Soil Conservation Act 1986.

New South Wales

1.

Environmental Planning and Assessment Act 1979.

2.

Environmentally Hazardous Chemical Act 1985.

3.

State Environmental Planning Policy No. 33:

Hazardous and Offensive Development - Gazetted 11
March 1992.

4.

Clean Waters Act 1970.

5.

Environmental Offences and Penalties Act 1989.

6.

Clean Air Act.

A RP GN 1 LAND CONTAMI N ATI O N ISSUE S

12. Radioactive Substances Act 1958.

13. National workshop on Health Risk, Assessment and
Management of Contaminated Land, November
1991.
14. Clean Air Act 1963-1990.
15. State Environment Act 1988.

South Australia
1.

Planning Practice Circular (distributed by the

Department of Environment and Planning to Local

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A US TR A L I A R E A L P R OP E R TY G UI D A N C E N OTE 1

Councils, Planners and Consultants in October 1990).

9.

Soil Conservation & Land Utilisation Act.

2.

Discussion Paper - Contaminated Land - A South

Australian Legislative Approach.

Victoria

3.

Proposal for South Australian Environmental

Protection Authority and Chapter on Environmental
Policy.

1.

Environment Protection Act 1970.

2.

Pollution of Waters by Oil and Noxious Substances

(Amendment) Act 1991.

4.

Dangerous Substances Act 1979/1988.

3.

Marine Act 1988.

5.

Environmental Protection Council Act 1972 and Local

Government Act 1934.

4.

Heritage Rivers Act 1992.

5.

Agricultural and Veterinary Chemicals Act 1992.

6.

Marine Environment Protection Act 1990.

6.

Environment Protection (Resource Recovery) Act 1992.

7.

Petroleum (Submerged Lands) Act 1982.

7.

8.

Water Conservation Act 1936.

9.

Harbours Act 1936.

Various State Environmental Protection Policies

made under the Environmental Protection Act 1970
covering air environment, control of noise, ground
waters, etc.

8.

Local Government Act 1958.

9.

Petroleum (Submerged Land) Act 1982.

10. Water Resources Act 1976.

11. Native Vegetation Act 1991.
12. Soil Conservation and Land Care Act 1989.
13. Waste Management Act 1987.
14. Clean Air Act 1984.
15. Public & Environmental Health Act 1987.

Tasmania

10. Extractive Industries Act 1966.

11. Land Conservation Act 1970.
12. Soil Conservation and Land Utilisation Act 1958.
13. Occupational Health and Safety (Asbestos)
Regulations 1992.

1.

Environmental Protection Act 1973.

Western Australia

2.

Chlorofluorocarbons and other Ozone Depleting

Substances Control Act 1988.

1.

Environmental Protection Act 1986.

2.

Local Government Act 1960.

3.

Oil Pollution Act 1961.

3.

Petroleum (Submerged Lands) Act 1982.

4.

Public Health Act 1962.

4.

Marine Harbours Act 1981.

5.

Groundwater Act 1985-1988.

5.

6.

Water Act 1957-1923.

Pollution of Waters by Oil and Noxious Substances Act

1987.

7.

Petroleum (Submerged Lands) Act 1982.

6.

Waterways Conservation Act 1976.

7.

Poisons Act 1964.

8.

Radiation Safety Act 1975.

9.

Explosives and Dangerous Goods Act 1961.

Northern Territory
1.

Conservation Commission Act 1980.

2.

Local Government Act 1954.

3.

Ozone Protection Act 1990.

4.

Public Health Act 1952.

5.

Uranium Mining (Environmental Control) Act

1979-1981.

10. Agricultural Produce (Chemical Residues) Act 1983.

11. Health Act 1911.
12. Aerial Spraying Control Act 1966.
13. Nuclear Activities Regulation Act 1978.

6.

Petroleum (Submerged Lands) Act 1982-1986.

14. Industrial Lands Development Authority Act 1966.

7.

Environmental Protection (NT Supreme Court) Act

1978.

15. Soil & Land Conservation Act 1945.

8.

Environmental Assessment Act 1982.

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APPENDIX 7 Inter net Address of

Environm ent Protection Authorities
of Australia
Environment Australia --- Department of the Environment
and Heritage (Commonwealth)
[Link]
Department of Lands Planning and Environment, NT
[Link]
Department of Environment and Heritage, QLD
[Link]
Department of Environment, Heritage and Aboriginal Affairs, SA
[Link]
Department of Primary Industries, Water and Environment, TAS
[Link]
Department of Environmental Protection, WA
[Link]
Environment ACT
[Link]
Environment Protection Authority, NSW
[Link]
Environment Protection Authority, SA
[Link]
Environment Protection Authority, VIC
[Link]

Footnotes:
1. Australian and New Zealand Environment and Conservation Council, National
Health and Medical Research Council, Australian and New Zealand Guidelines for
the Assessment and Management of Contaminated Sites, January 1992, p. 2.
2. Research on Radon is being conducted by Murdoch University in Western Australia.
3. The Institute gratefully acknowledges the assistance of the NSW Property Valuation
Department of the Commonwealth Bank of Australia in the preparation of this
Appendix.
4. DoE, Queensland 1998.
5. National Environmental Protection Council is to release a National Environment
Protection Measure which will supersede the relevant sections of the ANZECC/
NHRMC Australia and New Zealand Guidelines for the Assessment and
Management of Contaminated Sites 1992.
6. New South Wales EPA 1995.

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12. 2

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A R P G N 2 N AT I V E T I T L E I S S U E S
to public perceptions of the Wik decision, as long
ago as September 1993 in Pareroultja ---v- Tickner
((1993) 42 FCR 32) it was held that:

1.0 Introd uction

1.1

Purpose

... the extent to which Native Title over land may

co-exist with leasehold tenure is not a question
fully explored in Mabo (No. 2). Much may depend
on the nature and extent of the leasehold estate
(eg a monthly tenancy or lease for 99 years) and
inconsistency, if any, between Native Title and the
lessor s reversionary interest.

The purpose of this Guidance Note is to outline

information and issues, and indicate approaches
in cases involving the valuation and management
of land subject to native title claims (or where
native title may exist, has been claimed or has
been determined). The National Council of the
Australian Property Institute recommends that it
be used by members for the valuation of coexisting property interests subject to native title in
Australia. The Institute recognises that Members
need to be aware of the potential for native title
to coexist with certain tenures, whether there is
a claim for native title or not. In this regard, they
should obtain a copy of the Native Title Act (Clth)
1993 as amended on 30 September 1998.

1.2

Members should apply their own skill and

judgement in applying the suggested approaches
contained herein to their own practice.
This Guidance Note should be used in conjunction
with other guidance notes and practice standard
which are either over-arching or directly applicable
to the type of land, purpose or issues involved.

Status of Guidance Notes

Guidance notes are intended to embody
r
refore may
(although this should not be assumed) provide
some professional support if properly applied.
While they are not mandatory, it is likely that they
will serve as a comparative measure of the level
of performance of a Member. They are an integral
part of the Valuation and Property Standards
Manual.

1.3

roaches to the valuation or

management of co-existing interests subject to
native title are almost certainly inadequate and the
procedures for each report will vary according to
the circumstances of each parcel of land.

Native Title is different from State and Territory

protection legislation.

1.4

This Guidance Note recognises the International

Valuation Standards 1 and 2, and the International
Valuation Application 2 by the International
Valuation Standards Committee and it is intended
to be consistent with the concepts and definitions
contained in those standards, however, there
may be departures from IVSC Standards to reflect
Australian & New Zealand law and practice.

Scope
This Guidance Note applies to Members reporting
on land and deals with broad examples of the
phenomenon, which results when native title
coexists on land, and the resultant value effect.
It offers guidance on pertinent general concepts
and concerns relating to native title, and suggests
the approach that ought to be adopted. It does
not purport to provide a definitive coverage on
the issue of the valuation or management of coexisting rights, or the manner in which Members
should deal with these issues. Co-existing property
rights where native title exists is a phenomenon
which has resulted in much public debate
particularly since the decision in Wik Peoples
---v- Queensland ((1996) 141ALR 129) (Wik) on
23rd December 1996 and involves complex and
sometimes unresolved matters. However, contrary

A RP GN 2 N AT IVE T ITLE ISSUE S

International Valuation Standards

1.5

Property Expert Involvement

Members are able to provide appropriate skilled
advice in relation to Valuation and property
matters with the assistance of and in accordance
with this Guidance Note and bearing in mind the
limitations referred to herein.

1.6

Market Response
Increased awareness within the general community
of Indigenous issues, recent legislation, such as the
Native Title Act, litigation associated with native

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A US TR A L I A R E A L P R OP E R TY G UI D A N C E N OTE 2

title and incidents where property users allege

financial loss as a result of native title claims (or the
likelihood thereof), have made the marketplace
more aware of the potential effect of native title
co-existing with existing land titles. Anecdotal
evidence may suggest that prices can become
artificially depressed. Further, limited information
about a particular native title claim (or prospect
thereof) that is thought to be present on land may
ffect on values. Conversely, the
market appears to be aware that the impact upon
the utility of properties with co-existing native title
may vary significantly from case to case.

1.7

Advice about Commercial Impact

Clients will be looking to Members of the Institute
for advice and guidance on how native title affects
their financial security and asset value. Members
cannot and should not promote themselves as
authorities who are fully capable of measuring,
recording and providing detailed advice. However,
they should be able to provide a significant level of
advice to the client about the commercial impact
of the coexistence or likely coexistence of native
title in relation to a particular parcel of land.

1.8

Issues Requiring Further Investigation

Members of the Institute should take all
reasonable care in these matters. Members
who attempt to mitigate their responsibilities by
adding a disclaimer saying that the property has
regard to the
question of the pr
re not
providing the level of expertise expected by clients
and would not satisfy the standards of practice
required by the courts. Therefore, the Institute
recommends that its Members become sufficiently
knowledgeable about native title processes
contained in Commonwealth and complementary
State/Territory legislation, and case law associated
with this topic and its effect on property values to
meet the above standards. This involves Members
qualifying advice, where appropriate, so as to
properly inform the client of potential issues which
may require further investigation, and thereby
meet the Member s professional obligations.

1.9

May Affect a Broad Range of NonExclusive Estates

Title Act) (See Appendix 1 of this Guidance Note),

Members will rarely be in possession of enough
information or evidence to totally discount the
presence of native title as a co-existing property
right. Items of Indigenous cultural heritage (ie
middens, rock carvings etc) can be a useful
marker for native title, however this may not be
conclusive. Members should be aware that
Indigenous cultural heritage is a separate but
related issue to native title. Native title as a coexisting property right may affect the full spectrum
of non exclusive possession estates (eg. non
exclusive possession leasehold or reserve land) and
should therefore be considered.
Members should utilise Appendix 1 to assist them
in distinguishing the likelihood of coexistence. The
majority of ordinary titles, both private freehold
and specific leasehold, listed in Appendix 1, have
extinguish native title. In these circumstances
native title does not need to be considered further.

1.10 Definition of Native Title

As defined in Mabo --- v - the State of Queensland
(No.2) (1992) (175 CLR 1) (Mabo)), native title is
the term used to describe the rights and interests
held by Aboriginal and Torres Strait Islanders to
land and waters under their custom and customary
law. The National Native Title Tribunal (NNTT)
describes native title as:
re-dates
Eur
(NNTT Information Bulletin, Feb 1997, at p1).
In addition to the above, native title is defined in
the Native Title Act 1993 as:
roup or individual rights and
interests of Aboriginal peoples or Torres Strait
Islanders in relation to land or waters, where:
(a) the rights and interests are possessed under
the traditional laws acknowledged, and
the traditional customs observed, by the
Aboriginal peoples or Torres Strait Islanders;
and
(b) the Aboriginal peoples or Torres Strait
Islanders, by those laws and customs, have a
connection with the land or waters; and
(c) the rights and interests are recognised by the

Except where Members are valuing or managing

(s223(1))
which extinguishes native title (s.23B (2)(c) Native

12.2.2

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A US TR A L I A R E A L P R OP E R TY G UI D A N C E N OTE 2

derived from the Indigenous laws is not essential

Also,

inter
includes hunting,
gathering, or fishing, rights and inter
(s223(2))
As a useful summary, it should be noted that
native title:
o

is not necessarily equivalent to other forms of

legal tenure;

is what the common law recognises;

comprises a range of rights and interests

which may vary from group to group and
place to place;

rights and interests to an area of land or

waters may be held by more than one group;

when tested for survival (and co-existence),

the inconsistency test set out in detail in the
judgements of the High Court in Wik Peoples
v Queensland and Fejo v Northern Territory of
Australia are to be adopted.
The laws and customs and traditional uses, which
define native title, were not frozen at the time
of British settlement and as long as physical,
cultural and/or spiritual connection with the land
is maintained, it is understood that the defining
laws and customs are able to evolve. It is often
misunderstood that for native title to be intact
must be maintained in a manner existing at the
time of British settlement.
Conceptually this is not significantly different to
the customs and traditions of every other society
or group which have evolved or adapted to change
throughout the course of history.
The manner in which native title continues to exist
may not be given practical expression in a form
which is easily recognised by non Indigenous
people. That substantial development may have
occurred on or near land being considered in
a property valuation or assessment, ought not
lead to a presumption that native title does not
continue to exist, and hence does not exist as a
property right.
Kado Muir of the Australian Institute of Aboriginal
and Torres Strait Islander Studies (AIATSIS) provides
useful guidance as follows:
re Indigenous laws are practised and
acknowledge[d] then those laws will also contain
property rights. The process of inquisition into the
nature, extent and incidents of property rights

A RP GN 2 N AT IVE T ITLE ISSUE S

The fundamental issues to be addressed by the

Court when it is required to determine that native
title exists are essentially threefold:
o

who holds the interest?

where is the interest, ie the boundary?

what are the rights and interests held?

These requirements are set out in s.225 of the

Native Title Act 1993, as follows:
A determination of native title is a determination
whether or not native title exists in relation to a
particular area (the determination area) of land or
waters and, if it does exist, a determination of:
(a) who the persons, or each group of persons,
holding the common or group rights
comprising the native title are; and
(b) the nature and extent of the native title rights
and interests in relation to the determination
area; and
(c) the nature and extent of any other interests in
relation to the determination area; and
(d) the relationship between three rights and
interests in paragraphs (b) and (c) (taking into
account the effect of this Act); and
to the extent that the land or waters in the
determination area are not covered by a nonexclusive agricultural lease or a non-exclusive
pastoral lease --- whether the native title rights and
interests confer possession, occupation, use and
enjoyment of that land or waters on the native title
holders to the exclusion of all others.

1.11 Point of Reference

Members must obtain relevant initial information
from specialist native title sources such as
the NNTT Registers, other relevant State and
Commonwealth agencies and officials, and native
title representative bodies (NTRBs) (see 3.1, below).
Other important points of reference are
anthropologists and archeologists. The Australian
Anthropological Society, at the University of
Sydney tel: (02) 9351 5489 should be contacted
for advice as to contacts in these disciplines. In
addition, valuable research information can be
accessed from the Aboriginal and Torres Strait
Islander Commission (ATSIC), traditional owners,
and industry organisations who are stakeholders in
native title, eg: farm industry organisations.

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A US TR A L I A R E A L P R OP E R TY G UI D A N C E N OTE 2

A further useful resource is the Australian Local

Government Association (ALGA) publication
Working with Native Title: A Practical Guide for
Local Government, which provides a detailed
description of the processes involved.

2.2

Each non-exclusive possession estate must be

considered in assessing the impact of the rights
being asserted in a native title determination
application upon the property. In some States
much of the non-urban land is held in private
freehold (i.e. Victoria) which extinguishes native
title permanently. However, in some States and
Territories this land is held under statutory estates,
commonly called pastoral leases.

It is important that members obtain information

that is representative of the broad spectrum of
issues and views in respect of native title to ensure
that they do not negligently disregard research
information.

2.0 Ty pes of Co-Existing Estates

2.1

Wide Range of Non-Exclusive Estates

There is a wide range of non-exclusive possession
estates which may co-exist with native title, varying
from State to State in the level of exclusivity, and
hence the quality of tenure and/or the potential for
co-existing interests or native title in particular.
An example of such estates are the Western
Division leases in New South Wales, and two and
possibly four types of Queensland pastoral leases,
(ie Pastoral Holding, Pastoral Development Holding
and possibly Preferential Pastoral Holding and Stud
Holding), and possibly Occupation Licences, and
Special and Term Leases for grazing purposes.
Members should however note that certain
statutory estates now extinguish native title
and are referred to in Schedule 1 of the recent
Native Title Amendment Act 1998. It is important
to ascertain whether the State or Territory has
enacted complementary legislation to validate and
to confirm the effect on native title of the tenure
listed in Schedule 1 of the Commonwealth Act.
Appendix 1 of this Guidance Note lists these
estates, and are shown in chronological order
of legislation by State or Territory, for ease of
reference.
Caution should be exercised when consulting
Appendix 1 as some non exclusive possession
estates (i.e. Preferential Pastoral Holdings and
Stud Holdings in Queensland) may extinguish
native title, to the extent of the inconsistency
only. Extinguishment by such estates has
yet to be considered by the courts, and it is
recommended that legal advice be obtained. In
addition, some classes of Special Leases (e.g. for
watering purposes) are provided for in the Act as
extinguishing native title.

12.4.2

Tenure

2.3

Conditions of Tenure
There are prerequisites, conditions and obligations
attached to various forms of leasehold which
define the nature of the ownership. The term
of the statutory estate, especially the period
unexpired, the rights, if any, of renewal, the
capacity and limitations upon transfer, and other
terms and conditions are critical to determining the
degree of exclusivity of the particular estate, and
how closely the tenure approaches the benchmark
of private freehold.
The degree of exclusivity granted to a leaseholder
has a complimentary effect on the ability of the
statutory estate to co-exist with native title. The
duration of leases can vary from perpetuity to
only a few months, and the issue to be addressed
by Members is whether duration per se is
fundamental in determining the impact of native
title.
Leases of a shorter duration may be more
vulnerable to the bundle of rights comprising
native title than those of longer duration, given
freehold whilst others may be little more, in
practice, than an agistment right.
It should be noted that the length of the term of
the statutory estate was only one of a number
of deciding issues in the Commonwealth
Government s decision as to whether or not to
include a particular statutory estate in the Schedule
(see Appendix 1 in this Guidance Note). Relevant
factors in determining whether a statutory estate
was to be listed in the Schedule were, terms and
conditions, third party rights, grantee obligations
and restrictions, upgrade capacity, purpose,
tenure history, location, and size. However, the
terms of a lease and the actual activities were
not determining factors, whilst all of the above
factors were to be balanced to determine whether
a lease had eligibility as a Scheduled Interest.2
Caution should however be exercised regarding

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2.4

the presence (or lack of) a statutory estate in the

Schedule to the Act, as the recent decision in Ward
v State of Western Australia (1998) 159 ALR 483
(Miriuwing Gajerrong) may have clouded the issue
of extinguishment.

which there has been a native title application.

The NNTT and the Federal Court have separate
functions under the legislation, and the States
and T
recognised
bodies to perform the functions of the Federal

Consequences of Existing and Past

Activities

functions of the NNTT. However, the NNTT still

retains responsibility to maintain the Registers,
while the role of the Federal Court is to receive
applications, refer them to the NNTT (or equivalent
body) for registration, to decide on the parties, to
make determinations and orders.

Since Mabo, native title can be extinguished by not

only a plain and clear intention to do so (Mabo at
p.68) but also by the consequences of existing and
past activities.
Members should be aware that the consequences
of present and previous activities performed on the
lease land can have significance for the likelihood
of native title surviving. This may be deduced from
an inspection of the property and is irrespective of
questions of exclusivity, duration or reservations
contained in the lease document.
At an extreme level, the complete obliteration of
all natural land forms as a result of past mining
activity is likely to severely limit the ability of
traditional activities to be performed on site, or
possibly for any meaningful relationship with
the land to continue to exist. Substantial private
developments for say, a sporting complex, also
provide a further example. Even with less intrusive
pursuits such as low impact farming, it is likely
that any traditional profits a prendre activities
would have been severely curtailed. There is also

extinguish native title.

Nevertheless, Members should be aware that a
direct physical contact with land is not the only
medium by which native title is sustained (ie
cultural and spiritual).
The Miriuwung-Gajarrong decision of the Federal
Court in 1998 has however cast doubt upon
the extinguishing capacity of existing and past
activities. Members should exercise caution
and obtain specialist advice in this area from
anthropologists, and archeologists, NTRBs and
traditional owners in order to identify the level of
effect.

2.5

Related Court Cases

Members should also pay close attention to
important court cases in the Federal or High Courts
which have implications for co-existence. These
cases have the potential for providing guidance
in the valuation of specific types of estates over

A RP GN 2 N AT IVE T ITLE ISSUE S

3.0 Identify ing Co-Existing

Native Title
3.1

Information on Native Title

Identifying where native title exists or may exist is
crucial in all property valuations or assessments.
It is important to be aware of the possibility that
native title may exist in certain circumstances
and in areas where it has not been extinguished
regardless of whether there is currently a native
title application or determination to indicate its
existence.
It is not necessary to have a determination, by
agreement or judicially after a contested hearing,
for native title to exist. It is an existing right and
may continue to exist in areas where it has not
been extinguished by legislative or executive
acts of government, even though the identity
of the native title holders is unknown. In such
circumstances it is possible that an area may
be subject to an application for a native title
determination at a later date.
The main sources of information in circumstances
where the holders of native title rights and
interests are unknown, are the NTRBs, the local
Indigenous peoples with an historical connection
with the area in question, local historical societies,
local genealogical societies, the relevant ATSIC
Regional Council and the local Council historical
records.
Where an application for native title has been
made, the primary sources of information are
the Register of Native Title Claims held by the
NNTT or equivalent State/Territory bodies, and
the NNTT Schedule of Applications for native title
determinations that have not passed the statutory
registration test under the Native Title Act 1993
and the Federal Court s records of common law
native title applications.

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A US TR A L I A R E A L P R OP E R TY G UI D A N C E N OTE 2

3.2

The list of Scheduled Interests, together with

tenure information held by state government
registries is also a major source of information (see
Appendix 1 in this Guidance Note).

the existing and previous owners (and

employees) are often an excellent source
of information on the land use history of a
property.

Native title issues can arise where there has been a

determination (by agreement or judicially), where
an application for a determination has been made
or, importantly, where the native title holders
are presently unknown and no application or
determination exists.

local councils can provide detailed information

from their building planning and subdivision
records on past history and land uses.

aerial photographs can be obtained from the

relevant Crown Lands Departments or their
equivalent in each State or Territory that can
also assist in documenting former uses, such
as public works. Such photographs can be
obtained as far back as the 1940 s and are a
much under-utilised resource.

government departments dealing with

utilities, health and environment, industry
and mining also have approval and licensing
records and other useful information.

Searches
There are various searches that should be
undertaken.

3.3

Tenure Searches.
After undertaking the enquiries mentioned above
and prior to conducting a search of the NNTT
registers, it is important to prepare a tenure history
of the land.

3.5

This is best undertaken by a registered surveyor

who should provide copies of documentary
evidence of the tenure history both by way of
title documents and other descriptive sources
such as deposited plans and Crown Land survey
information.

Four registers are held by the NNTT covering land

and waters in each State and Territory and deal
respectively with registered claims, determinations,
Indigenous Land Use Agreements (ILUAs) and
unregistered claims.
Upon request, a formal search of the registers will
be conducted by Tribunal staff. The Tribunal s fee
to search the registers upon receipt of a request is
$20.00 per 15 minutes, plus photocopying at 50
cents per A4 page.

The tenure search is pivotal in deciding whether

native title has survived, the nature of the surviving
property rights associated therewith and the nature
of impairment or even extinguishment of such
rights. Often, it is necessary to closely examine the
initial tenure searches and to request more detailed
particulars from the surveyor in order to conclude
this aspect of the Member s report. Tenures
included in Schedule 1 of the Native Title Act
1993, and as enacted in complementary States/
Territory legislation are not subject to native title.
(See Appendix A of this Guidance Note)

3.4

The NNTT does not have a set application form for

written inquiries, however members seeking such
information should attempt to follow the format
of similar applications, such as those made to
roads and electricity supply authorities.
The information provided to the NNTT in support
of a written application for a search of the
Registers should be as detailed as possible to
expedite the search. Details such as county, parish
and local government area are a starting point,
however the provision of Deposited Plans or other
survey information will also assist the Registry staff.

Background Research & Historical Land

Use
After undertaking the research referred to above,
the use of the land may be relevant if native title
has not been extinguished by present or previous
grants of tenure Members should be aware that
previous grants of freehold title extinguish native
title permanently (viz. Fejo v Northern Territory of
Australia), and that the Native Title Act provides
for previous extinguishing acts. Before embarking
on a formal search of the Registers held by the
NNTT, or equivalent State/Territory body, there are
several areas of enquiry to take advantage of

12.6.2

Native Title Registers

The written application can also be forwarded

to the relevant Registry by facsimile, providing
a shortening of the response time. Experience
suggests that the turn around time can vary
from one or two days to three weeks, subject to
workload.

3.6

Indigenous Records
When the member receives confirmation from

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the NNTT Registry that land is subject to a native

title claim, (that has or may pass the registration
test) or is reasonably confident that native title
continues to exist on the land in question, it is
prudent to make other enquiries of the relevant
Indigenous representative bodies (such as NTRBs)
or traditional owners. These interested parties
particularly the relevant NTRB will assist the
member in gaining an understanding of the ambit
of existing or likely native title claims. Also, such
enquiries will establish whether or not native title is
a consideration for the particular task at hand.
In addition, other Indigenous records and
information can be obtained from State or Territory
Indigenous heritage authorities and their Registers.
The District or Regional Offices of the relevant
National Parks and Wildlife Authorities may be
able to assist with detailed information about local
Indigenous people and their relicry. Local historical
societies are also important resources as they often
hold rare and valuable information about early
non-Indigenous settlement and their interface with
the local Indigenous people.

prior to an on site inspection. It is possible that

offence may be unwittingly given to Indigenous
people through either photographing such
materials, or even by entering an area which has
special significance.
If the Member identifies from onsite observations
any potential for native title arising from the
presence of Aboriginal cultural heritage items
and sites, a recommendation should be made for
further expert advice where appropriate, or enquiry
of potential native title holders.

3.8

Members should recognise that their role and

expertise is limited to the detection and preliminary
identification of discoverable physical evidence
of Aboriginal cultural heritage items and sites,
which may be a diagnostic marker for native title.
It should be remembered that sites of significance
to Indigenous people are not necessarily evidenced
by the presence of recognisable topographical
features such as rock outcrops or caves. Such sites
can sometimes be present in apparently featureless
tracts of land, which would be otherwise ignored
by untrained or uninformed observers.

All of the above will assist the member in

providing the client with factual and dispassionate
information thereby enhancing the level of
service provided and discharging the member s
professional obligations.

3.7

Evidentiary proof of native title and the

ascertaining of the ambit of the property rights
must be left to those with specialist qualifications
in the fields of anthropology and archeology.

Site Inspection
A Member conducting an inspection of a property
for the purpose of providing a valuation or other
property assessment should be aware of the
potential of coexisting native title prior to the
inspection.
During an inspection for this purpose, the
Member should attempt to identify from on-site
observations any physical evidence of Aboriginal
cultural heritage site and items that could suggest
the exercise of native title rights. Members should
be aware that the presence of physical evidence
of Indigenous occupation is not necessarily a good
diagnostic marker for native title in many areas
of Australia. Whilst not conclusive, nevertheless
the Member should look for evidence of camp
sites, other occupation sites, natural or introduced
food or remains or other disturbance to soils or
vegetation. Finally, the Member should look for
any evidence of artifacts or in rocky country, stone
grooves, rock paintings, or other utilitarian or
artistic evidence.
Members should exercise great caution if they
suspect the presence of such evidentiary material

A RP GN 2 N AT IVE T ITLE ISSUE S

Role and Expertise

Where information is available to the Member

on the likely existence of, (and ambit of) native
title, this should be provided as an annexure to
the Member s report together with a statement
as to the literature source and an appropriate
qualification. It is recommended that caution
should be exercised where heavy reliance is placed
on literature, given that the history of Indigenous
occupation was not always properly recorded.

3.9

Whether Expert Engaged

A member needs to be aware of the results of site

sufficient research to establish whether an

appropriate qualified expert should be
recommended for engagement. The Member
should take detailed case notes, which may not
necessarily be used in the preparation of the final
report but will provide evidence that the property
valuation or assessment was carried out with full
regard to the potential existence of native title.

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A US TR A L I A R E A L P R OP E R TY G UI D A N C E N OTE 2

3.10 Engaged Qualified Experts

A report by a suitably qualified expert in the field
of anthropology or archeology is required to
provide evidence that native title is or is not being
exercised on land and/or that connection with the
land by Indigenous people is extant. The report is
critical to the task of the Member in producing a
property valuation or assessment of land where
native title is present as a co-existing property
right.
In providing a report on the property, the suitably
qualified expert should address the following
issues based upon inter alia field research, oral
evidence, and literature:
o

present and past Indigenous and non

Indigenous land uses;

locations on the land where these land uses

were carried out;

duration of the land uses;

on site Indigenous relicry;

sites of Indigenous spiritual and/or cultural

significance;

level of co-existence of Indigenous and nonIndigenous land uses.

3.11 Qualification if no obvious Native Title

If there is no obvious evidence of native title
as a result of research or inspection of land by a
Member and no expert report is to be made
available to the Member, then the Member s
report should be suitably qualified to reflect the
relevant extent of the Member s expertise in
relation to native title and to place the onus upon
parties relying upon the report to make their own
enquiries.
Although any qualification used should be
specifically worded to suit the particular
circumstances of the property valuation or
assessment, the following clause provides an
example of the type of qualification that should be
made:
site inspection and (detail other
research) has not revealed any obvious presence
of native title. Nevertheless, we are not experts
in native title or the property rights derived
therefrom and, have not been supplied with
appropriate anthropological, ethnoecological
and/or ethnographic advice. Therefore, the
property valuation or assessment is made

12.8.2

subject to there being no actual or potential

native title affecting:
o The value or marketability of the property;
(or...)
o The land (... as applicable).
Verification that the property is not subject
to co-existing native title interests should be
obtained from a suitably qualified expert.
Should subsequent investigation show that
the land is subject to existing or potential
co-existing native title interests this property
valuation or assessment will require r
Once a native title claim has been lodged,
irrespective of whether it is registered or
unregistered, Members cannot include a
disclaimer stating that they have ignored native
title.

3.12 Not Expert

A Member who has the relevant experience or
has undertaken the Institute s approved course of
studies is entitled to carry out the valuation of coexisting property interests subject to native title.

3.13 Recommending a Detailed Native Title

Report
It should be recognised by Members that only
through exhaustive research can the ambit of
Indigenous property rights be verified properly.
Such research is inherently expensive and time
consuming, and cannot in itself provide a complete
guarantee that such property rights are, or are
not present. Only the courts can provide such a
definitive declaration.
If, after carrying out preliminary research and site
inspections, the Member is concerned or suspects
that the property is or could be subject to coexisting native title that could either restrict the
future use of the site or mitigate against a
financial consideration, the Member is obliged to
recommend that the client seek a detailed native
title assessment from appropriately qualified
professionals. Such advice should be formed
having regard to both the current and future
financial considerations as well as the future use
of the land. A detailed native title assessment
by suitably qualified disciplines will include the
together with such other information as deemed
necessary to provide the fullest description of the
presence of native title.

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Subsequently, it may be necessary for the

appointed disciplinary consultants to move
into a third stage of consultancy including the
preparation of alternative methods of either non
Indigenous land management or the exercise of
Indigenous property rights and interests.

over the past 20 years, the task of mapping

those residual ar
rcely started.
... The general characteristics of most forms of
land title are reasonably well-known. By
contrast, the natur
interests depend on the laws of the particular
Indigenous peoples concerned, and will vary
from place to place. 3

3.15 Where Detailed Information Cannot be

Obtained
Where detailed information cannot be obtained,
the Member should prepare his/her report on
the basis that the property is not subject to a
co-existing native title interest, and qualify that
report on the basis that some elements of native
title rights and interests may exist, and if present,
could have an impact on the value, usage or
future development of the property. The following
provides an example of the type of qualification
which may be appropriate in these circumstances:
rom our inspection of the property we
consider that there is (or could be) a potential
for (detail possible native title rights and
interests) to exist and would recommend that
advice should be obtained from a suitably
qualified expert. Please note that our valuation
(or report) has been prepared on the basis of no
survival of native title rights and interests.

4.2

The predictive practices which have developed by

the disciplines involved in determining the
likelihood of the survival of native title, are
founded in both established academic literature
and existing field practices, especially in the area
of anthropology and archeology. Note that the
definition of such practices is notoriously difficult
and can present some difficulties for members
recommending to a client from a panel of
appropriately qualified consultants.

4.3

4.0 Native Title Predictive

Practices
4.1

Native Title predictive practices

changing
The predictive practices for the determination
of the likelihood of native title survival is rapidly
changing. New investigative field techniques
are being developed by the anthropology and
archeology disciplines and those who legislate
standards (i.e. the Native Title Act 1998 as recently
amended). As Professor Garth Nettheim of the
Aboriginal Law Centre UNSW states:

Practices Defined Influence on Value of

The influence on value of such practices, will
depend on such factors as whether the native title
rights and interests are restricted or more diverse.
In addition, there is the effect of the possible need
for further detailed analysis after the preliminary
research.

Should the above mentioned expert advice

reveal any evidence of native title our valuation
(or report) will require r
It is critical that members be aware that the
greater the perceived likelihood of native title
rights and interests may exist, the stronger the
re specific must be
the accompanying advice.

Native Title predictive

4.4

Co-Existing Interests subject to Native

Title Predictive Practices
Predictive practices could involve a detailed review
of existing and historic literature, a search of
government survey and tenure records, the
obtaining of oral evidence from native title
claimants, and/or traditional owners, and the
testing of any conclusions against other predictive
work already published or otherwise available.
A difficulty with any predictive practice is that
Indigenous people tend to be reluctant to share
their understanding of native title rights and
interests, due often to cultural and spiritual
imperatives and due to understandable suspicion.
It must be remembered that Indigneous cultural
heritage is significantly based on spiritual concepts,
and there is the danger that areas of significance
may attract unwanted attention which could lead
to desecration.

. . . although we can readily identify areas held

by Aboriginal people and Torres Strait Islanders
through grants under various Land Rights Acts

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A US TR A L I A R E A L P R OP E R TY G UI D A N C E N OTE 2

4.5

activity. If the lease allows the proposed action

there are no native title implications regardless of
how the land is currently being utilised.

New Practices
New practices in the disciplines of anthropology
and archeology are developing in the light of
current litigation which will almost certainly result
in exhaustive testing in the courts of any opinions
expressed by such consultants.

Members should exercise caution when forming

a view as to the affect that a co-existing native
title interest (or application for a native title
determination) may have on present and future
utility of a property. The activities which are
permissible, and the procedural pathways to be
followed are set out in s.24 of the Native Title Act.

However, the cost of predictive practices are

already inherently expensive and time consuming,
and it must be recognised that clients may be
unwilling to undertake such work if the existing
Market Value of a property.

It is necessary for the Member to be thoroughly

aware of these activities and procedures in forming
a view as to the affect of co-existing native title
on present and future utility. Members should be
careful that they are not misled to concluding that
minor (or greater) changes in utility may or may
not be relevant.

Members should keep abreast of research and

technological changes relating to predictive
practices. Such awareness will assist the member
in advising appropriately on the perceived
likelihood of the survival of native title rights and
interests and the need for clients to seek further
information.

In some circumstances, some changes in the nature

of activities may merely have been undertaken
negligently, and thus inappropriately without the
relevant permits and authorities. Members should
be aware that provided lessees abide by the
conditions of their potentially co- existing leases,
and have exhibited an awareness of cultural
heritage obligations, the procedures under s.24
may not have been transgressed.

Members must avoid giving advice beyond their

area of expertise.

5.0 Im pact on Value of CoExisting Interests Subject to

Native Title: General Issues
5.1

Members should be aware that Indigenous Land

Use Agreements (ILUAs) are becoming more
common place, and can apply to any area or
class of activity. ILUAs can impact upon property
management as to when they are registered, as
it is provided for in the Native Title Act that they
are binding on the parties to the Agreement. The
NNTT has a register of ILUAs throughout Australia.

Responsible Party for Compensation

Depending upon the relevant Commonwealth or
State/Territory legislation, it is as a general rule the
responsibility of government to bear the cost of
any compensation if practices on the property are
proven to have resulted in the loss, extinguishment
or impairment of native title.
Any new activity to be authorised on a property,
may result in the consent authority (eg. state and
local governments, Western Lands Commission)
requiring that any compensation be met by the
holder of the co-existing interest subject to native
title. However, compensation for future acts by
third parties only applies to those acts affecting
native title after 23 December 1996.
It is noted that present activities on land subject
to a co-exisiting native title interest (or application
for a native title determination) are generally
unaffected as regards ongoing present uses
conducted on the property. Where land use
changes are proposed, minor changes may not
cause a claim for compensation for the loss,
extinguishment or impairment of native title. The
important issue here is not whether there is a
change of use, but whether the lease permits the

1 2 . 10
.2

Due to the specialist advice required in assessing

the impact of future activities on the value of coexisting interests subject to native title, members
are strongly advised to seek formal advice from
appropriately qualified specialists.

5.2

Legal Costs
Legal costs arising from the co-existence of
interests subject to native title will vary in extent
according to the circumstances of each particular
property. Members should refer to these costs
in their report, where appropriate, and ensure
that they are addressed in any subsequent expert
preliminary (or detailed) report obtained.
Members should recognise that the potential for
litigation or pending litigation may affect
marketability and further affect value by deterring
prospective buyers of properties.

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It should be recognised that there is very little case

law in this area and future judicial direction will
clarify whether the current valuation methods are
appropriate. When considering the impact
of native title on co-existing property rights,
some guidance is available in the literature4 and
members should endeavour to keep abreast of
legal and practice developments.
The effect of legal costs should be included within
any discount, or separate contingency figure for
the existence (or likelihood) of co-existing native
title. This is not dissimilar to the allowance for
the effect of legal costs usually recommended to
be included within the stigma component of
environmental liabilities when contaminated land
is valued.
This discount or separate contingency figure
should be based upon information either
provided by an appropriately qualified expert (in
the disciplines of anthropology, ethnoecology
or ethnography) or estimated by the member
following appropriate legal advice.
As a warning, such discount or contingency figure
should always be qualified to inform the client that
it is an estimate only and that it may not reflect
the costs actually incurred should litigation for
compensation eventuate.

5.3

Mortgage Security
It is accepted practice that mortgage lenders
prefer to lend funds on freehold rather than lessor
tenures. Whilst freehold title may be seen as
more definite, it should be noted that there are
many secure titles which are listed in Schedule 1,
Native Title Act 1993 (Appendix 1). These exclusive
possession leases do not require that native title
be considered, and mortgage lenders would not
require any further enquiry.
Nevertheless, for some particular uses, such as
industrial:
Leasehold properties effectively only provide
an income stream and the present value of this
reduces as the loan term continues. Because of
this reducing interest and the lesser acceptance of
leasehold properties in the marketplace, lenders
will usually charge a higher interest rate for this
style of property. 5
In significant areas of Australia where land is
subject to native title, the predominant form of
property interest is a statutory estate commonly
known as a pastoral leasehold.6 As of the historic
absence of freehold interests in such areas,

A RP GN 2 N AT IVE T ITLE ISSUE S

the security offered to mortgage lenders is the

pastoral lease. Because pastoral rights prevail
over co-existing native title rights to the extent of
any inconsistency (viz. Wik Peoples ---v--- State of
Queensland) ((1996 ) 141 ALR 129), there is little
concern that these tenures are not secure.
Nevertheless, the perceived dysfunctional nature
of co-existing multiple property rights has resulted
in a broad public debate since the Wik decision.
There may be an adverse effect through financiers
requiring higher interest rates where there is a
view that a property may be diminished in Market
Value due to the perceived effect of native title.
It is reported that whilst mortgage lenders do
not appear to have made any changes to existing
rural loans, it is anticipated that they will exercise
greater caution in granting new loans. Members
should be awar
documents has been reported however, this is
probably not unreasonable given the developing
nature of due diligence. It should also be noted
roader
area of Indigenous property rights than native title,
which is recognised by the common law.
It is important to note that the identification of
re correctly, native title) appears
to be only viewed adversely if circumstances
arise which materially diminish the value of the
mortgage security or effect the financial position
of the parties.7
Members should be aware that mortgage
lenders will seek professional advice from them
as to whether the value of the security has been
reduced, such that the identification of native
title (or the possibility thereof) is grounds for an
responsibility
to ensure that mortgage lenders are adequately
informed of the likelihood of co-existing native
title and the consequences for the Market Value
of a specific property. This task is undertaken by
examing the market sales evidence.
It should be noted that the effect of co-existing
native title upon pastoral leases may be analogous
to the relatively nominal value effect which occurs
when a high tension transmission line easement
is placed over freehold land. This effect often
amounts to little more than a blemish upon the
freehold title, and its Market Value. This should not
be construed however as in any way suggesting
that the value of native title is merely a residual.

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5.4

Indemnification Agreements

6.2

Where a member is instructed to specifically ignore

native title when valuing a co-existing property
right, the Institute recommends that to satisfy the
standard of practice required by the Courts, and
the member s professional obligations, that a Deed
of Release and Indemnity be executed protecting
the member.
If a Deed of Release and Indemnity is unable to
be obtained from the client, the Institute does not
consider that the level of best practice as required
of members, will be met and the instructions
should be returned with appropriate reference to
this section of ARPGN 2.

Where a co-existing native title claim (or the

possibility thereof) is identified, it is recommended
that one of the following methods should be
utilised depending on the specific circumstances:

6.3

Co-Existing Native Title may or may not

impact upon Value
The presence of co-existing native title over a
property may not necessarily reduce its value
within the current class of use. However, there are
two scenarios in respect of the impact of coexisting
native title.
Firstly, it can be argued that whilst pastoral leases
may be subject to an application for a
determination, if the pastoralist is utilising the
land in a manner which conforms with the rights
(specific or implied) and obligations flowing from
the grant of the pastoral lease, then the utility and
income flow from the business remains unaffected
for which there is a long term market demand.
In this scenario, the value of the pastoral lease is
unaffected and would be supported by appropriate
sales evidence.
Secondly, there may be situations where coexisting
native title could reduce the value of a pastoral
lease, even though utility and income flow from
the business remains unaffected. The mere
presence of native title may be viewed by potential
purchasers as requiring a discount of the value
of the pastoral lease. Again, in this scenario such
assertions as to value would be supported by
appropriate sales evidence.
Given the above qualifications, Members should
advise that the property can continue to be used
and developed in accordance with its purpose,
terms and conditions and subject to any required
permits, licenses and authorities.

1 2 . 12
.2

Unaffected valuation approach, comparing

like with like;

Special considerations approach because no

suitable comparable basis exists.

Unaffected Valuation Basis

Provide a valuation on an unaffected basis,
together with an outline of the likely content of
any presence of native title and the inclusion of
a qualification in the report indicating that the
property valuation or assessment does not reveal
any diminution due to the possible presence
of native title. The example of the type of
qualification that should be made is detailed above
T

6.0 Valuation Ap proach

6.1

Two Main Approaches

6.4

Affected Valuation Approach

After obtaining the client s approval, the member
should arrange for an expert preliminary (or
detailed) report to be prepared to provide
affirmation that native title is being exercised
on land and/or that connection to the land by
Indigenous people is extant together with inclusion
of costing for any further reports or negotiations.
The Member should then calculate the property s
discounted value upon the above expert report.
This is critical to the formation of a view by the
member as to whether native title necessitates a
discounted value being placed on the co-existing
pastoral lease (or other less than freehold estate).
Alan Hyam LFAPI, Barrister has provided useful
guidance listing the following matters that regard
should be had when members attempt to value
property subject to native title:
o

The nature of the rights conferred by the

native title. It must be established whether
they entitle the native people to access only or
other rights are conferred, such as, the right
to camp or dwell on the land, the right to fish
and hunt game.

The frequency at which the rights will, or are

likely to, be exercised; the number of people
who may enjoy the rights.

The number of occasions upon which the

rights have been exercised in the past.

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The impact which the exercise of the rights

will have on the interest of the co-existing
owner in the land.

The attitude of the hypothetical prudent

purchaser to the co-existing rights... 8

In some cases, these views may not be based

upon a factual and dispassionate assessment of
the consequences of native title claims (or the
possibility thereof) upon Market Value of a specific
property. It is recognised by the Institute that
such situations may impact upon the professional
interpersonal relations of member and client.

Assessment
f
discount) indicated above would, where sales
are available involve the comparative approach.
There may be only limited instances where direct
comparison of affected property sales can be
made, but endeavours should be made to establish
whether this sales evidence is available in order
that the comparative approach may be successfully
applied. With caution, Members should ensure
that properties are being compared truly evidence
comparability, both in terms of the pastoral lease
and the native title thereon.
Members should not make judgements as to the
comparability of affected sales without access to
the report of experts in relation to any properties
sought to be used as comparables.

6.5

Detail on How Valuation Reached

Where a discount attributable to native title is
applied by a member, it is strongly recommended
that full details should be provided as to how
the final valuation figure was reached. It is
recommended that care be exercised when
applying a discount as it was the view in Wik
that native title yields to the statutory rights and
interests granted by the Crown. In addition, the
interests detailed in Schedule 1 of the Native Title
Amendment Act 1998 (see Appendix A of this
Guidance Note) confirm that those interests are
not vulnerable to native title.
The Member should state clearly in the report that
the discount applied was arrived at based upon
information obtained from expert reports and
that the Member has not formed an opinion as
to the veracity of that information. A copy of the
expert s report should be annexed to the member s
report. The discount may be arrived at through
sales evidence, income flows or other appropriate
market information.
It should be noted that the Institute is concerned
that member s discharge their professional
responsibility as regards the determination of the
discount arising from the likelihood of co-existing
native title. To that end, it is recognised that clients
may have a particular (and often strong) personal
view concerning the effect of native title rights and
interests.

A RP GN 2 N AT IVE T ITLE ISSUE S

Extreme caution should be exercised by members

in such situations, and given early recognition it
is recommended that the member ensures the
client is aware of the impartial and independent
nature of the market advice that the member is
to provide. In the event that the client does not
accept the member s professional standpoint the
Institute does not consider that the level of best
practice as required of members, will be met
and the instructions should be returned with
appropriate reference to this section of GN27.

6.6

Obtain Cost Estimates of preliminary or

detailed Expert Report
Members should not provide their own estimate
of the cost of expert s preliminary (or detailed)
reports. These estimates should only be obtained
from appropriately qualified experts.
A preliminary (or detailed) native title report will
and Expe

reflect the recommendations

Title Predictive
recognised that such
research cannot provide members with a complete
guarantee as regards Indigenous property rights
and caution should be exercised by Members.
The member should clearly state in his or her
report that any conclusions based upon the
information contained in the preliminary (or
detailed) expert report. The Member should advise
that an opinion has not been formed as to the
accuracy of that expert report.
A failure to include such a qualification could
result in the member being held to have adopted
without question the conclusions contained in the
expert report.
A qualification in the following form or to a similar
effect may be appropriate where this method is
adopted:
rein has
been formed utilising information and
conclusions as to the identification of native
title and the ascertaining of the ambit of such
property rights obtained from (state name of

12.2 .
13

A US TR A L I A R E A L P R OP E R TY G UI D A N C E N OTE 2

expert) on instructions from you. A copy of the

(the expert s report is annexed to this report as
Annexur A
opinion as to the accuracy of this information
or conclusions and accepts no responsibility
for them. Any enquiries in relation to this
information or conclusions should be directed

8.0 Indem nity Insurance

8.1

Members should be aware of any exclusions within

their professional indemnity insurance policy
r
the newly emerging law in this area, policies may
not provide cover in relation to claims arising from
or in connection with these matters. In addition,
a Member may in some instances not be covered
by a policy even wher
is within their field of expertise. Members should
consult their professional indemnity insurance
brokers in this regard.

7.0 Legislation
7.1

Commonwealth Legislation increasingly

complex
Commonwealth legislation dealing with native
title and related administrative matters is growing
in line with overseas experience. At present, the
primary piece of legislation is the Native Title Act
(Cth), 1993 (as amended 30 September 1998).
Members are encouraged to obtain an up to
date copy of the 2nd edition of the amended
Native Title Act, and be aware of Schedule 1
(See Appendix 1) and s24 in particular. Copies
are available from commonwealth government
bookshops.
The Act provides members with additional useful
information, in particular explaining that private
freehold and the majority of leasehold interests
provide the right to exclusive occupation and
extinguish native title. It also highlights that lessor
interests may co-exist with native title.
Importantly, the Act highlights that land held
by government authorities does not automatically
convey exclusive possession, and extinguish native
title although the usage or public works may.

7.2

Complementary State/Territory
Legislation
Members should be aware that complementary
State/Territory legislation is being enacted dealing
with native title.

Policy Exclusions

8.2

GST Caution
Since the introduction of the GST on 1st July 2000
specific legal and/or accounting advice will need to
be sought regarding the GST implications for this
Guidance Note.

Footnotes:
1 Muir, K This Earth has an Aboriginal Culture Inside. Land, Rights, Laws: Issues of
Native Title Series - Issues Paper No. 23 (Canberra: AIATSIS, July 1998), p4
2 Native Title Amendment Bill 1997 Supplementary Explanatory Memorandum
(Canberra: The Parliament of the Commonwealth of Australia, The House of
Representatives, 1996-1997) [Link].969571
3

rning Herald,

14 January 1997, p13

4 The Attorney General s Legal Practice Legal Implications of the High court
Decision in the WIK PEOPLES -v- QUEENSLAND Current Advice, Canberra:
Attorney General s Department, 23 January 1997
5 Australian Institute of Valuers and Land Economists and Royal Australian
Planning Institute, Native Title Background Paper (Deakin/Hawthorne: The
Institute, 1997)
6 Horrigan, B and Young, S (eds) Commercial Implications of Native Title
(Annandale: The Federation Press in association with The Centre for Commercial
and Property Law, Queensland University of Technology, 1997)
7 Sheehan, J and Wensing, E Indigenous Property Rights: New Development
for Planning and Valuation, Discussion Paper No. 17 (Canberra: The Australia
Institute, March 1998)
8

r
Valuers and
Land Economists Valuation Principles and Practice (Deakin: The Institute, 1997)

T
Economics Review, pp29-35

10 op cit, Sheehan, J and Wensing, E, p43.

11

Valuation of Native T
Workshop AIVLE, Sydney 22nd May 1997

resented to Native Title

Note
Further useful background on native title can be obtained in the Australian Local
Government Association (ALGA) 1999, Working with Native Title: A Guide for
Local Government publication The Guide is in two parts: Part A describes a
six-step process for determining when native title exists, may exist or has been
extinguished, and recommended approaches in dealing with land or waters
affected by native title. Part B usefully details other sources of information.

1 2 . 14
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A US TR A L I A R E A L P R OP E R TY G UI D A N C E N OTE 2

APPENDIX 1
Scheduled Interests

s.74 special lease (defined uses)

The following is a list of scheduled interests which the

States and Territories assert to confer a right of exclusive
possession that extinguishes native title rights and interests
over the land or waters concerned. The list is included
in the amended Native Title Act 1993 (Cth) and forms
Schedule 1 to the amended Act. For ease of reference,
the list has been rearranged in chronological order of the
statute under which the interest was created.

s.80 residential lease (original or additional)

s.75 or s.75B special lease (defined uses)

s.76 special lease (defined uses)
s.82A town land lease
Part 111A lease (defined uses)
Div. 3 (Part 111B) lease (defined uses)
homestead selection or grant (original or additional)
settlement lease (original or additional; defined uses)
conditional lease
conditional purchase lease (original or additional)

NSW
Public Parks Act 1854
s.5 lease (defined uses)
Crown Lands Occupation Act 1861
s.30 special purposes lease
Crown Lands Act 1884
s.89 special lease
s.90 special lease (defined uses)
s.92 special lease (defined uses)
conditional lease
Public Parks Act 1884
s.6 lease (defined uses)
Crown Lands Act 1895
s.50 residential lease (original or additional)
homestead selection or grant (original or additional)
settlement lease (original or additional)(defined uses)
Crown Lands Act 1889
s.48 residential lease (original or additional)
Western Lands Act 1901
s.23 lease (defined uses)
s.28A special lease (defined uses)
conditional lease
Public Parks Act 1902
s.7 lease (defined uses)
Crown Lands (Amendment Act) 1905
conditional purchase lease --- (original or additional)
Crown Lands (Amendment) Act 1912

Crown lease (original or additional; defined uses)

suburban holding (original or additional)
town land lease within an irrigation area
homestead farm (original or additional)
irrigation farm lease or non-irrigable lease
week-end lease
special conditional purchase lease (original or
additional)
Returned Soldiers Settlement Act 1916
s.4 lease
Closer Settlement Amendment (Conversion) Act 1943
group purchase lease
closer settlement lease
settlement purchase lease
Kosciusko State Park Act 1944
ss. 11(3) lease
National Parks and Wildlife Act 1967
para.. 30(1)(a) or (b) lease
National Parks and Wildlife Act 1974
para. 151 (1)(a), (b), (c), (d), or (e) lease
Schedule 9A lease (defined uses)
Crown Lands Act 1989
s34 lease (defined uses).
Division 5 (Part 5) lease (defined uses)

VICTORIA
Land Act 1862
s..XXI, lease

Crown lease (original or additional; defined uses)

[Link] lease

suburban holding (original or additional)

[Link] lease

town land lease within an irrigation area

s.L lease (defined uses)

homestead farm (original or additional)

irrigation farm lease or non-irrigable lease
Crown Lands Consolidation Act 1913
s.69A lease (defined uses)

A RP GN 2 N AT IVE T ITLE ISSUE S

Amending Land Act 1865

s.13 lease
s.37 lease (defined uses)
s.38 lease

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A US TR A L I A R E A L P R OP E R TY G UI D A N C E N OTE 2

Land Act 1869

s.61 grazing allotment lease

s.20 lease

agricultural allotment lease

s.31 lease

agricultural lease

s.33 lease

perpetual lease

s.46 lease

conditional purchase lease

s.45 lease (defined uses)

Victorian Water Conservation Act 1881
s.75 lease
Land Act 1884

Land Act 1900 s.19

lease agricultural
lease
agricultural allotment lease

s.18 lease

perpetual lease

s.44 lease

conditional purchase lease

s.49 lease (defined uses)

s.92 lease
s.94 lease
s.85 drained and reclaimed swamp land lease (defined
uses)
s.91 lease (defined uses)

Land Act 1900 (No.2)

agricultural allotment lease, or agricultural lease
perpetual lease
conditional purchase lease
Land Act 1901

agricultural allotment lease

s.18 lease

agricultural lease

s.50 lease (defined uses)

Irrigation Act 1886

s.118 lease
Land Act 1890

s.56 grazing allotment lease

s.131 drained and reclaimed swamp land lease
(defined uses)
s.142 lease (defined uses)

s.18 lease

s.143 lease

lease (non-residence licence conditions)

s.144 lease

s.85 drained and reclaimed swamp land lease (defined

uses)

s.309 lease

s.97 lease (defined uses)

s.100 lease
agricultural allotment lease
agricultural lease
Melbourne and Metropolitan Board of Works Act 1890

s.311 lease
s.402 lease
s.411 lease
agricultural allotment lease,
agricultural lease
village community allotment lease

s.147 lease (defined uses)

township allotment lease

s.148 building or improving lease (defined uses)

homestead section lease

Water Act 1890

perpetual lease

s.68 lease (defined uses)

conditional purchase lease

s.243 lease (defined uses)

residential lease (selection purchase allotment)

s.277 lease

non-residential lease (selection purchase allotment)

s.292 lease (defined uses)

selection purchase lease

Settlement on Lands Act 1893

Land Act 1904 s.28

village community allotment lease

lease perpetual

township allotment lease

lease

homestead section lease

Land Act 1896
s.2 lease
Land Act 1898
s.51 (defined uses)

1 2 . 16
.2

Water Act 1905

s.213 lease
s.299 lease (defined uses)
Murray Settlements Act 1907
conditional purchase lease

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A US TR A L I A R E A L P R OP E R TY G UI D A N C E N OTE 2

Land Act 1911

conditional purchase lease

s.73 lease

residential lease (selection purchase allotment)

agricultural allotment lease,

non-residential lease (selection purchase allotment)

agricultural lease

selection purchase lease

perpetual lease
conditional purchase lease
residential lease (selection purchase allotment)
non-residential lease (selection purchase allotment)
selection purchase lease
Land Act 1915
s.110 drained and reclaimed swamp land lease
(defined uses)
s.125 lease (defined uses)
s.127 lease
s.128 lease
agricultural allotment lease,
agricultural lease
perpetual lease

Melbourne and Metropolitan Board of Works Act 1928

s.209 lease (defined uses)
s.210 building or improving lease (defined uses)
Water Act 1928
s.184 lease
s.299 lease (defined uses)
Land Act 1933
conditional purchase lease
Land (Residential Areas) Act 1935
residence area occupancy right
Land Act 1941
ss.126(2) lease
ss.7(2) lease (defined uses)

conditional purchase lease

s.14 lease (defined uses)

residential lease (selection purchase allotment)

agricultural allotment lease

non-residential lease (selection purchase allotment)

agricultural lease

selection purchase lease

perpetual lease

Land Act 1915 (No 2)

conditional purchase lease

s.4 lease

residential lease (selection purchase allotment)

residential lease (selection purchase allotment)

non-residential lease (selection purchase allotment)

non-residential lease (selection purchase allotment)

selection purchase lease

selection purchase lease

Melbourne and Metropolitan Board of Works Act 1915

Soldier Settlement Act 1946

settlement interim lease

s.209 lease (defined uses)

settlement purchase lease

s.210 building or improving lease (defined uses)

purchase lease

Water Act 1915

s.184 lease
s.299 lease (defined uses)
Forests Acts 1918
s.39 lease (defined uses)
Land Act 1928
s.110 drained and reclaimed swamp land lease
(defined uses)
s.125 lease (defined uses)
ss.126(2) lease
s.127 lease
s.128 lease
s.352 lease (defined uses)
s.356 lease
agricultural allotment lease
agricultural lease
perpetual lease

A RP GN 2 N AT IVE T ITLE ISSUE S

North-West Mallee Settlement Areas Act 1948

perpetual lease (defined uses)
Land (Development Leases) Act 1951
development lease
Land Settlement Act 1953
perpetual lease
Land (Improvement Purchase Lease) Act 1956
improvement purchase lease
Education Act 1958
s.17 lease (defined uses)
s.20A lease (defined uses)
Forests Act 1958
s.51 lease (defined uses)
s.57B lease
Harbour Boards Act 1958
s.35 lease (defined uses)

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A US TR A L I A R E A L P R OP E R TY G UI D A N C E N OTE 2

Land Act 1958

s.110 drained and reclaimed swamp land lease
(defined uses)
s.133B cultivation lease
s.134 lease (defined uses)
ss.135(2) lease
s.136 lease
s.137 lease

Railways Act 1958

s.76 lease (defined uses)
Soldier Settlement Act 1958
ss.43 lease (pending interim lease grant)
settlement interim lease
settlement purchase lease
purchase lease

s.151E lease

Water Act 1958

s.222A lease

s.200 lease

s.222B lease

s.324 lease (defined uses)

Subdn.1 Div 9 Pt.I lease (defined uses)

Land Settlement Act 1959

Div.3 [Link]) perpetual lease (defined uses)

s.47 lease

agricultural allotment lease

settlement interim lease

agricultural lease conditional

purchase lease perpetual lease
(defined uses) residence area
occupancy right development
lease improvement purchase
lease industrial lease
industrial purchase lease

settlement purchase lease

purchase lease
temporary lease
Land (Surf Life Saving Association) Act 1967
s.3 lease
Albury-Wodonga Agreement Act 1973

industrial development lease

ss.7(2) lease (defined uses)

settlement interim lease

para.15(1)(f) lease (defined uses)

settlement purchase lease

purchase lease
residential lease (selection purchase allotment)
non-residential lease (selection purchase allotment)
selection purchase lease

National Parks Act 1975

para.19(2)(a) lease or tenancy
para.19(2)(b) building tenancy
s.31AA lease (defined uses)
s.30AA lease or tenancy

Land Settlement Act 1958

perpetual lease
conditional purchase lease
Melbourne and Metropolitan Board of Works Act 1958
s.235 lease (defined uses)
s.236 building or improving lease (defined uses)
Port of Geelong Authority Act 1958 ss.
46(1) lease (defined uses)
para.24(2)(b) lease (defined uses)
para.26B(1)(a) lease (defined uses)
Port of Melbourne Authority Act 1958
s.50A lease (defined uses)

s.32AB lease or tenancy

s.32B lease or tenancy
s.32C tenancy (defined uses)
Emerald Tourist Railway ACT 1977
para.41(1)(a) lease (defined uses)
Melbourne Market Authority Act 1977
para.7(2)(a) lease or tenancy (defined uses)
Melbourne Wholesale Fruit and Vegetable Market Trust
Act 1977
para.6(2)(a) lease or tenancy (defined uses)
Crown Land (Reserves) Act 1978

para.50(2)(b) lease (defined uses)

s.14D lease (defined uses)

para.56(A)(1)(a) lease (defined uses)

s.16 lease (defined uses)

Port of Portland Authority Act 1958

s.17C lease (defined uses)

ss.19(2) lease (defined uses)

s.17D lease (defined uses)

para. 17A(2)(b) lease (defined uses)

s.22 lease

para. 17E(1)(a) lease (defined uses)

s.23 lease
s.29A lease (defined uses)

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A US TR A L I A R E A L P R OP E R TY G UI D A N C E N OTE 2

Railway Construction and Property Board Act 1979

subpara.21(1)(f)(I) lease (defined uses)
ss.25(3) lease or tenancy
ss.26(1) lease or tenancy
Government Employee Housing Authority Act 1981
para.13(1)(i) lease
Alpine Resorts Act 1983
s.28A lease
ss.28(2) lease (defined uses)
para.28(2)(c) lease (defined uses)

Gold Fields Homestead Act 1870

homestead lease
Homestead Areas Act 1872
homestead selection
Crown Lands Alienation Act 1876
s.28 lease
s.70 special lease
homestead selection
Gold Fields Homestead Act Amendment Act 1880
lease

Transport Act 1983

para.47(2)(b) lease (defined uses)

Crown Lands Act 1884

agricultural farm

Rural Finance Act 1988

settlement interim lease
settlement purchase lease
purchase lease
Water Act 1989
s.132 lease (defined uses)
Casino Control Act 1991
s.128K lease
Docklands Authority Act 1991
ss.20(2) lease (defined uses)
ss.24(1) lease (defined uses)
Royal Botanic Gardens Act 1991

Gold Fields Homestead Leases Act 1886

homestead lease
Crown Lands Act 1891
unconditional selection
Mineral Homesteads Leases Act 1891
homestead lease
Agricultural Lands Purchase Act 1894
agricultural farm
Agricultural Lands Purchase Act 1897
agricultural farm
Land Act 1897

ss.24(2) lease (defined uses)

s.188 special lease

ss.24(3A) lease

agricultural farm

Melbourne Sports and Aquatic Centre Act 1994

agricultural homestead

ss.24(2) deemed lease (defined uses)

free homestead

para.24(1)(b) lease (defined uses)

perpetual lease selection

Australian Food Industry Science Centre Act 1995

Port Services Act 1995
para.65(4)(d) lease (defined uses)

perpetual town allotment lease

perpetual suburban allotment lease
prickly pear frontage selection
prickly pear infested selection

Zoological Parks and Gardens Act 1995

unconditional selection

para.33(2)(a) lease (defined uses)

Mining Act 1898

QUEENSLAND
Alienation of Crown Lands Act 1860
[Link] lease
Leasing Act 1866
Lease
Crown Lands Alienation Act 1868
s.51 lease
s.69 special lease
Gold Fields Town Lands Act 1869
lease

A RP GN 2 N AT IVE T ITLE ISSUE S

miner s homestead lease (or pursuant to any Act

repealed by this Act.)
Prickly Pear Selections Act 1901
prickly-pear selection
Special Agricultural Homesteads Act 1901
agricultural homestead
Special Agricultural Selections Act 1901
agricultural farm
Closer Settlement Act 1906
agricultural farm

12.2 .
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A US TR A L I A R E A L P R OP E R TY G UI D A N C E N OTE 2

perpetual lease selection

perpetual suburban lease

perpetual town lease

auction perpetual lease (that is a perpetual suburban

auction perpetual lease (that is a perpetual town

lease)
perpetual country lease
auction country lease (that is a perpetual country
lease)
perpetual suburban lease
auction perpetual lease (that is a perpetual suburban
lease)
settlement farm lease
unconditional selection
Land Act 1910

W
perpetual town lease
auction perpetual lease (that is a perpetual town
lease)
perpetual suburban lease
auction perpetual lease (that is a perpetual suburban
lease)
Sugar W
perpetual lease selection
Upper Burnett and Callide Land Settlement Act 1923

s.119A lease

grazing homestead

ss.185(2) lease (defined uses)

perpetual lease selection

agricultural farm agricultural

homestead designed

Act 1923

Tully Sugar Works Area Land Regulations Ratification Act

1924

settlement farm lease free

perpetual lease selection

homestead

perpetual town lease

perpetual lease selection

perpetual town lease

auction perpetual lease (that is a perpetual town

lease)

auction perpetual lease (that is a perpetual town

lease)

perpetual country lease

perpetual country lease

auction country lease (that is a perpetual country

lease)

auction country lease (that is a perpetual country

lease)

perpetual suburban lease

perpetual country lease without competition

perpetual town lease without competition

auction perpetual lease (that is a perpetual suburban

lease)

perpetual suburban lease

auction perpetual lease (that is a perpetual suburban
lease)
perpetual suburban lease without competition
perpetual lease prickly-pear development selection
prickly-pear selection
prickly-pear development selection
settlement farm lease
special lease (defined uses)
unconditional selection

Prickly-pear Land Acts Amendment Act 1930

perpetual lease prickly-pear development selection
prickly-pear development selection
Irrigation Acts Amendment Act 1933
perpetual lease selection
perpetual town lease
auction perpetual lease (that is a perpetual town
lease)
State Housing Act 1945

miner s homestead perpetual lease

miner s homestead lease
Clermont Flood Relief Act 1917
s.8 perpetual lease

s.22B term or perpetual lease (defined uses)

perpetual town lease
auction perpetual lease (that is a perpetual town
lease)
freeholding lease
perpetual suburban lease

perpetual lease selection

perpetual town lease
auction perpetual lease (that is a perpetual town
lease)

1 2 . 20
.2

auction perpetual lease (that is a perpetual suburban

lease)
perpetual suburban lease without competition

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A US TR A L I A R E A L P R OP E R TY G UI D A N C E N OTE 2

City of Brisbane (Flood Mitigation Works Approval) Act

1952

auction perpetual lease (that is a perpetual town

lease)

perpetual country lease (without competition)

perpetual country lease

perpetual town lease without competition

auction country lease (that is a perpetual country

lease)

perpetual suburban lease without competition

Land Acts Amendment Act 1952
designed agricultural selection
Harbours Act 1955
s.64A lease
Crown Land Development Act 1959
development lease (defined uses)
Amoco Australia Pty Limited Agreement Act 1961
s.3 special lease (cl.3 Agt.)
Brigalow and Other Lands Development Act 1962

perpetual country lease (non-competitive)

perpetual town lease (non-competitive)
perpetual suburban lease
auction perpetual lease (that is a perpetual suburban
lease)
perpetual suburban lease (non-competitive)
settlement farm lease special
lease (defined uses) special
lease purchase freehold
Industrial Development Act 1963

agricultural farm

ss. 6A(2) sub-lease

perpetual lease selection

para.24(b) lease

purchase lease
settlement farm lease
Irrigation Areas (Land Settlement) Act 1962
agricultural farm
perpetual lease selection
perpetual town lease
auction perpetual lease (that is a perpetual town
lease)
perpetual country lease (non-competitive)
perpetual country lease
auction country lease (that is a perpetual country
lease)
perpetual town lease without competition
perpetual town lease (non-competitive)
perpetual suburban lease
auction perpetual lease (that is a perpetual suburban
lease)
perpetual suburban lease without competition
perpetual suburban lease (non-competitive)
settlement farm lease
Land Act 1962
s.176 lease
s.343 lease (defined uses)
ss.207(7) lease
agricultural farm
auction purchase freehold
development lease (defined uses)

Austral-Pacific Fertilizers Limited Agreement Act 1967

s.3 (cl.4(b) Agt) lease
s.3 (cl.4(c) Agt) lease
s.3 (c.4(d) Agt) special lease
Gateway Bridge Agreement Act 1980
s.4 (cl.1(5)[Link] Agt.) special lease
Mining Titles Freeholding Act 1980
mining titles freeholding lease
Motorways Agreements Act 1987
s.4 (cl.1(4)[Link] Agt) special lease
Land Act 1994
ss.57(1) lease (defined uses)
Sched.6 freeholding lease
term or perpetual lease (defined uses)
grazing homestead freeholding lease

WESTERN AUSTRALIA
Land Regulations 1829
town land lease (defined uses)
Land Regulation 1872
special occupation land lease
Land Regulations 1887
cl.46-53 conditional purchase lease
Mineral Lands Act 1892
ss.12(5) lease

grazing homestead freeholding lease

grazing homestead perpetual lease
perpetual lease selection
perpetual town lease

A RP GN 2 N AT IVE T ITLE ISSUE S

Homestead Act 1893

homestead farm
homestead lease

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A US TR A L I A R E A L P R OP E R TY G UI D A N C E N OTE 2

Agricultural Lands Purchase Act 1896

lease
Land Act 1898
s.41a lease (defined uses)
s.152 lease (defined uses)
s.153 town or suburban land lease (defined uses)
s.153a lease
Pt.V conditional purchase lease
[Link] conditional purchase lease
homestead farm
special settlement land lease
working man s block lease
Mining Act 1904
[Link] miner s homestead lease (defined uses)
Agricultural Land Purchase Act 1909
lease
Land Act 1933
ss.32(1) lease (defined uses)
ss.33(3) lease (defined uses)
s.116 lease (defined uses)
s.117 town land lease (defined uses)
s.117A lease (defined uses)
Pt.V conditional purchase lease
[Link] lease (defined uses)
homestead farm
special settlement land lease
working man s block lease
State Housing Act 1946-1974
Pt.V worker s dwelling house lease
Oil Refinery Industry (Kwinana Agreement) Act 1952
lease (other than a mineral lease) (defined uses)
War Service Land Settlement Scheme Act 1954
perpetual lease
Broken Hill Proprietary Company s Integrated Steel Works
Agreement Act 1960
lease (other than a mineral lease) (defined uses)
Iron Ore (Hamersley Range) Agreement Act 1963
lease (other than a mineral lease) (defined uses)
Iron Ore (Hamersley Range) Agreement Act 1963-1968
lease (other than a mineral lease) (defined uses)
Iron Ore (Robe River) Agreement Act 1964

Iron Ore (Mount Newman) agreement Act 1964

lease (other than a mineral lease) (defined uses)
Leslie Solar Salt Industry Agreement Act 1966
lease (other than a mineral lease) (defined uses)
Dampier Solar Salt Industry Agreement Act 1967
lease (other than a mineral lease) (defined uses)
Evaporites (Lake MacLeod) Agreement Act 1967
lease (other than a mineral lease) (defined uses)
Iron Ore (Hamersley Range) Agreement Act Amendment
Act 1968
lease (other than a mineral lease) (defined uses)
Irrigation (Dunham River) Agreement Act 1968
lease (other than a mineral lease) (defined uses)
Nickel Refinery (Western Mining Corporation Limited)
Agreement Act 1968
lease (other than a mineral lease) (defined uses)
Alumina Refinery (Pinjarra) Agreement Act 1969
lease (other than a mineral lease) (defined uses)
Nickel Refinery (Westing Mining Corporation Limited)
Agreement Act Amendment Act 1970
lease (other than a mineral lease) (defined uses)
Poseidon Nickel Agreement Act 1971
lease (other than a mineral lease) (defined uses)
Iron Ore (Goldsworthy-Nimingarra) Agreement Act 1972
lease (other than a mineral lease) (defined uses)
Iron Ore (McCamey s Monster) Agreement Authorisation
Act 1972
lease (other than a mineral lease) (defined uses)
Iron Ore (Mount Bruce) Agreement Act 1972
lease (other than a mineral lease) (defined uses)
Alumina Refinery (Worsley) Agreement Act 1973
lease (other than a mineral lease) (defined uses)
Nickel (Agnew) Agreement Act 1974
lease (other than a mineral lease) (defined uses)
Mineral Sands (Eneabba) Agreement Act 1975
lease (other than a mineral lease) (defined uses)
Alumina Refinery (Wagerup) Agreement and Acts
Amendment Act 1978
lease (other than a mineral lease) (defined uses)
Collie Coal (Griffin) Agreement Act 1979

lease (other than a mineral lease) (defined uses)

lease (other than a mineral lease) (defined uses)

Iron Ore (Mount Goldsworthy) Agreement Act 1964

Collie Coal (Western Collieries) Agreement Act 1979

lease (other than a mineral lease) (defined uses)

lease (other than a mineral lease) (defined uses)

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North West Gas Development (Woodside) Agreement Act

1979
lease (other than a mineral lease) (defined uses)
Diamond (Argyle Diamond Mines) Agreement Act 1981
lease (other than a mineral lease) (defined uses)
Shark Bay Solar Salt Industry Agreement Act 1983
lease (other than a mineral lease) (defined uses)
Camballin Farms (AIL Holdings Pty Ltd) Agreement Act
1985
lease (other than a mineral lease) (defined uses)
Western Mining Limited (Throssell Range) Agreement Act
1985
lease (other than a mineral lease) (defined uses)
Iron Ore (Channar Joint Venture) Agreement Act 1987
lease (other than a mineral lease) (defined uses)
Iron Ore (Marillana Creek) Agreement Act 1991
lease (other than a mineral lease) (defined uses)

agreement of sale and purchase on credit

Crown Lands Amendment Act 1881
credit agreement
agreement of sale and purchase on credit
Crown Lands Amendment Act 1882
s.20 lease with right of purchase
credit agreement
agreement of sale and purchase on credit
Agricultural Crown Lands Amendment Act 1884
[Link] lease with right of purchase
Pt. III selector s lease
credit agreement
agreement of sale and purchase on credit
Crown Lands Amendment Act 1885
s.29 lease (other than Aboriginal reserve leases)
Crown Lands Consolidation Act 1886
[Link] grazing and cultivation lease (defined uses)
[Link] grazing and cultivation lands lease (defined uses)

SOUTH AUSTRALIA
Scrub Lands Act 1866
lease with right of purchase
Scrub Lands Act Amendment Act 1867
lease with right of purchase
Waste Lands Amendment Act 1868-9

[Link] selector s lease

[Link] working man s block perpetual or term lease
(other than Aboriginal reserve leases)
[Link] working man s block term lease (defined uses)
[Link] homestead block perpetual or term lease (other
than Aboriginal reserve leases)
[Link] homestead block term lease (defined uses)

credit agreement

[Link] lease with right of purchase

agreement of sale and purchase on credit

s.159 miscellaneous lease (other than Aboriginal

reserve leases) (defined uses)

Scrub Lands Act Extension Act 1870 --- 71

lease with right of purchase
Miscellaneous Leases Act 1872
s.1 miscellaneous lease (other than Aboriginal reserve
leases) (defined uses)
Waste Lands Alienation Act 1872

credit agreement
agreement of sale and purchase on credit
Crown Lands Amendment Act 1887
[Link] lease with right of purchase
Crown Lands Act 1888

credit agreement,

[Link] lease with right of purchase (defined uses)

agreement of sale and purchase on credit

[Link] working man s block perpetual or term lease,

(other than Aboriginal reserve leases)

s.39 lease with right of purchase (defined uses)

Crown Lands Consolidation Act (No.86) 1877
s.58 lease with right of purchase

[Link] homestead block perpetual or term lease

(other than Aboriginal reserve leases)

s.92 miscellaneous lease (other than Aboriginal

reserve leases) (defined uses)

s.118 miscellaneous lease (other than Aboriginal

reserve leases) (defined uses)

Pt. III (excl.s.58) lease with right of purchase (defined

uses)

perpetual lease (defined uses)

credit agreement
agreement of sale and purchase on credit
Crown Lands Amendment Act 1880
credit agreement

A RP GN 2 N AT IVE T ITLE ISSUE S

right of purchase lease (defined uses)

Crown Lands Amendment Act 1893
perpetual lease (defined uses)
lease with right of purchase (defined uses)
s.80 villager s lease

12.2 .
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A US TR A L I A R E A L P R OP E R TY G UI D A N C E N OTE 2

Closer Settlement Act 1897

s.11 miscellaneous lease (other than Aboriginal
reserve leases) (defined uses)
perpetual lease (defined uses)
Broken Hill Proprietary Company Limited s Hummock Hill
to Iron Knob Tramways and Jetties Act 1900
s.8 perpetual lease
Cr
Amendment Act 1901
perpetual lease (defined uses)
Village Settlements Act 1901
[Link] horticultural or commonage land perpetual lease
Closer Settlement Act 1902
s.11 miscellaneous lease (other than Aboriginal
reserve leases) (defined uses)
Crown Lands Act 1903
[Link] agreement
[Link] working man s block perpetual or term lease,
(other than Aboriginal reserve leases)
[Link] homestead block perpetual or term lease (other
than Aboriginal reserve leases)
s.80 miscellaneous lease (other than Aboriginal
reserves leases) (defined uses)
s.126 miscellaneous lease (other than Aboriginal
reserve leases) (defined uses)
perpetual lease (defined uses)
Irrigation and Reclaimed Lands Act 1908

Returned Soldiers Settlement Act 1915

perpetual lease (defined uses)
term lease (defined uses)
Discharged Soldiers Settlement Act 1917
perpetual lease (defined uses)
term lease (defined uses)
Lyrup Village Association (District Extension) Act 1921
horticultural or commonage land perpetual lease
Agricultural Graduates Land Settlement Act 1922
perpetual lease (defined uses)
Irrigation Act 1922
s.48 miscellaneous lease (other than Aboriginal
reserve leases) (defined uses)
irrigation area block perpetual or term lease
irrigation area town allotment perpetual or term lease
Hummock Hill to Iron Knob Tramway Extension Act 1927
s.5 perpetual lease
Crown Lands Act 1929
[Link] working man s block perpetual or term lease,
(other than Aboriginal reserve leases)
[Link] homestead block perpetual or term lease
(other than Aboriginal reserve leases)
Pt V perpetual lease (defined uses)
[Link] horticultural or commonage land perpetual
lease
s.77 miscellaneous lease (other than Aboriginal
reserve leases) (defined uses)

s.24 miscellaneous lease (other than Aboriginal

reserve leases) (defined uses)

s.78B miscellaneous lease (other than Aboriginal

reserve leases) (defined uses)

irrigation area block perpetual or term lease

s.182 miscellaneous lease (other than Aboriginal

reserve leases) (defined uses)

Irrigation and Reclaimed Lands Act 1914

s.26 miscellaneous lease (other than Aboriginal
reserve leases) (defined uses)
irrigation area block perpetual or term lease
Crown Lands Act 1915
[Link] working man s block perpetual or term lease,
(other than Aboriginal reserve leases)
[Link] homestead block perpetual or term lease (other
than Aboriginal reserve leases)
[Link] horticultural or commonage land perpetual
lease
s.83 miscellaneous lease (other than Aboriginal
reserve
leases) (defined uses)
s.128 miscellaneous lease (other than Aboriginal
reserve leases) (defined uses)
perpetual lease (defined uses)

1 2 . 24
.2

s.66A perpetual lease (defined uses)

s.199 perpetual lease (defined uses)
Irrigation (Land Tenure) Act 1930
s.27 miscellaneous lease (other than Aboriginal
reserve leases) (defined uses)
s.44 miscellaneous lease (other than Aboriginal
reserve leases) (defined uses)
irrigation area block perpetual or term lease
irrigation area town allotment perpetual or term lease
Discharged Soldiers Settlement Act 1934
perpetual lease (defined uses)
term lease (defined uses)
Broken Hill Proprietary Company s Indenture Act 1937
lease (cl.11 Indenture in Schedule to Act) (defined
uses)

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A US TR A L I A R E A L P R OP E R TY G UI D A N C E N OTE 2

Marginal Lands Act 1940

perpetual lease (defined uses)
National Parks and Wildlife Act 1972
s.35 lease (defined uses)
Crown Lands Development Act 1943-1973
perpetual lease (defined uses)
War Service Land Settlement Agreement Act 1945
perpetual lease (Agt in Schedule to Act)

TASMANIA

Northern Territory Crown Lands Act 1890 (South Australia)

s.54 lease
s.77 special purposes lease (defined uses)
s.78 special purposes lease (defined uses)
s.78 lease (defined uses)
[Link] lease
Crown Lands Ordinance 1912 (No.3 of 1912)
Div. 3 [Link] agricultural lease (defined uses)
Div. 3 [Link] agricultural land lease (defined uses)
Div. 4 [Link] town land lease (defined uses)
Div. 5 [Link] miscellaneous lease (defined uses)

Crown Lands Act 1890

s.81 lease
s.82 lease
s.24 lease (defined uses)

Crown Lands Ordinance 1912 (No.8 of 1912)

Div. 3 [Link] agricultural lease (defined uses)
Div. 3 [Link] agricultural land lease (defined uses)
Div. 4 [Link] town land lease (defined uses)

Crown Lands Act 1903

Div. [Link] miscellaneous lease (defined uses)

ss.128(1) lease
ss 128(2) lease (defined uses).
s. 24 lease (defined uses)
s.129 lease

Crown Lands Ordinance 1924

s.73A garden land miscellaneous lease
Div. 3 [Link] agricultural lease (defined uses)
Div. 3 [Link] agricultural land lease (defined uses)

Crown Lands Act 1911

ss.108(1) lease

Div.4 [Link] town land lease (defined uses)

Div.5 [Link] miscellaneous lease (defined uses)

ss.108(2) lease (defined uses)

s.11 lease (defined uses)
s.109 lease

Crown Lands Ordinance 1927 (Territory of North Australia)

s.69 garden land miscellaneous lease
Div.3 [Link] agricultural lease (defined uses)

Closer Settlement Act 1929

Pt.V (excl. s.41-2) lease (defined uses)
Crown Lands Act 1935
ss.7(2) lease (defined uses)
ss.77(1) lease

Div.3 [Link] agricultural land lease (defined uses

[Link] town land lease (defined uses)
[Link] miscellaneous lease (defined uses)
Crown Lands Ordinance 1927 (Territory of Central
Australia)

ss.77(4) lease (defined uses)

s.69 garden land miscellaneous lease

s.23 lease (defined uses)

Div.3 [Link] agricultural lease (defined uses)

s.78 lease

Div.3 [Link] agricultural land lease (defined uses

building lease

Div.4 [Link] town land lease (defined uses)

Crown Lands Act 1976

s.29 lease (defined uses)

NORTHERN TERRITORY
Northern Territory Land Act 1872 (South Australia)

Div.5 [Link] miscellaneous lease (defined uses)

Crown Lands Act 1931 --- 1991 (Northern Territory)
s.6A lease
s.16A experimental farm agricultural lease (defined
uses)

s.30 lease

s.25CF town land lease (defined uses) s.25CG

s.81 lease

agricultural lease (defined uses) s.25CG

s.83 special purposes lease (defined uses)

agricultural land lease (defined uses) s.25DAA

Northern Territory Crown Lands Consolidation Act 1882

(South Australia)

agricultural lease (defined uses) s.25DAA

agricultural land lease (defined uses) s.25DAA

s.30 lease

miscellaneous lease (defined uses) s.68A lease

s.77 lease

s.68B lease

s.79 special purposes lease (defined uses)

A RP GN 2 N AT IVE T ITLE ISSUE S

12.2 .
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A US TR A L I A R E A L P R OP E R TY G UI D A N C E N OTE 2

s.68C lease
s.68D lease
s.68E lease

Agricultural development lease (Agt. In Sched. to Act)

(defined uses)
Crown Lands Act (Northern Territory)

s.68F lease

s.5 lease

s.68G lease

para.26(a) Crown lease (defined uses)

s.68H lease

para.26(b) Crown Lease (defined uses)

s.70 garden land miscellaneous lease s.74A

agricultural lease (defined uses) s.74A
agricultural land lease (defined uses) s.74A
town land lease (defined uses)
s.74D agricultural lease (defined uses)

Special Purposes Leases Act (Northern Territory)

s.4 special purposes lease (defined uses)
Mining Gove Peninsula Nabalco Agreement Act (Northern
Territory)

s.74D agricultural land lease (defined uses)

s.6 special purposes lease (defined uses)

s.74D miscellaneous lease (defined uses)

special purposes lease (subcl.4(2) of Agt. In Sched. to

Act)(defined uses)

s.74D town land lease (defined uses)

s.74E miscellaneous lease (defined uses)
s.112A lease
para.23(b) lease (defined uses)
para.23(c) lease (defined uses)
Div.3 [Link] agricultural lease (defined uses)
Div.3 [Link] agricultural land lease (defined uses)
Div.4 [Link] town lease (defined uses)
Div.5 [Link] miscellaneous lease (defined uses)
Div.6 [Link] town land subdivision lease
Darwin Leases (Special Purposes) Ordinance 1946
s.2 lease
Darwin Short Term Leases Ordinance 1946
s.3 lease
Church Lands Leases Ordinance 1947
s.3 lease
Darwin Town Area Leases Act 1947-1979 (Northern
Territory)
s.4 lease
s.16A lease
s.16AA lease
s.16B lease
s.16C lease
s.16D lease
s.29A lease
Agricultural Development Leases Ordinance 1956
s.14 agricultural lease (defined uses)
s.14 agricultural land lease (defined uses)
agricultural development lease (defined uses)
Rice Development Agreement Ordinance 1956
Agricultural land lease (Agt. In Sched. to Act)
(defined uses)
Agricultural lease (Agt. In Sched. to Act) (defined
uses)

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APPENDIX 2 GLOSSARY

Non-extinguishment principle
In r

-extinguishment

Anthropology
The study of humankind s physical characteristics, historical
and present geographical distribution, racial classification,
group relationships and cultural history.

Application
An application for a determination of native title is the
document required to be lodged with the Federal Court
and the due processes that follow under the Native Title
Act 1993 (Cth) or complementary legislation

Claim
The rights and interests being asserted in an application
for a determination of native title.

Ethnoecology
A two fold discipline that deals with cultural or social
anthropology, including the comparative and analytical
study of cultures combined with the interrelationship of
humankind and its environment focussed on natural cycles
and rhythms, community development and structure,
interaction between different groups of humankind,
geographic distributions and population alterations.

partially extinguish native title, and that when the activity

ceases or is wholly removed, the native title rights and
interests again have full effect. (Section 238 of the Native
Title Act 1993 (Cth).)

Registered native title claimant

Person or persons whose name or names appear in an
entry on the Register of Native Title Claims as the applicant
in relation to getting a determination of native title in
relation to the land or waters.

Representative Body
A representative body is an organisation approved by
the Commonwealth Minister under the provisions of the
Native Title Act 1993 (Clth) to represent the interests
of Aboriginal peoples or Torres Strait Islanders within a
particular region on native title matters. These bodies are
elected local Indigenous land councils or legal aid services
that have special responsibility to assist and represent
native title holders and claimants. (Section 202 of the
Native Title Act 1993 (Cth).)

Ethnography
A branch of anthropology that deals historically with
the origin and family relationships (filiation) of races and
cultures.

Extinguish
In r
permanently extinguish the native title rights and interests.
This means there is no possibility of their revival after the
extinguishment occurs even if the extinguishing act ceases
to exist. (Section 237A of the Native Title Act 1993 (Cth)).

Land or Waters
In the context of the Native Title Act 1993 (Cth), land or
waters refers to:
o

inland waters;

subterranean waters;

coastal waters within limits of the State or territory,

including areas above the low water mark and waters
within some bays, or between the coast and some
nearby islands; and

the bed or subsoil under, or airspace over any waters.

A RP GN 2 N AT IVE T ITLE ISSUE S

12.2 .
27

THI S PA G E I S I N TE N TI ON A L LY L E F T B L A N K

1 2 . 2 . 28

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13. 1

N Z R E A L P R OP E R TY G UI D A N C E N OTE 1

N Z R P G N 1 VA L U AT I O N O F
C O N TA M I N AT E D L A N D
The New Zealand Valuation & Property Standards Board
issues the following guidance note to all members of the
Property Institute of New Zealand and the New Zealand
Institute of Valuers.

(b) the current interpretation of the law.

THE VALUATION OF
CONTAMINATED LAND

(e) the previous use of the land/buildings.

Introd uction

(h) the financial effect of the above.

The growing world wide concern on environmental issues

and the impact of hazardous substances on human life
and real estate property has lead the New Zealand Institute
of Valuers to prepare this guidance note for members.

Land

Various studies have identified potential hazards and

contaminated sites within New Zealand and make broad
assessments of associated issues (refer bibliography).
Valuers should be aware of the types of hazard that should
warrant further investigation being initiated by either them
or their client (acting on the valuer s advice).

(a) contaminants attached to and contained within the

ground itself;

In summary the valuer must

Accordingly land itself may be physically unsuitable for

particular forms of development due to contamination or
other physical factors, for five main reasons.

recognise environmentally sensitive situations

seek (with the client s consent) expert advice where

warranted

(c) the effect of possible changes in legislation.

(d) current technology and expected changes in
technology.

(f)

(g) the proposed use of the land/buildings; and

There are essentially three broad respects by which land

may be affected by contaminants:

(b) contaminated water, which may be static or migrating

onto or off the site, in ground;
(c) airborne contaminated gases emanating from
substances in the ground.

(i)

Naturally occurring ground problems. These

include: groundwater, solution of soluble rocks,
land slipping, compressibility, movement, chemical
effects (radon and methane). These all tend to be
related to geology and since they occur naturally
can be distinguished from the remainder of this
list.

(ii)

Chemical contamination.

properly reflect in the market value of the

property, the effect of any adverse environmental
considerations.

Specific considerations
This note has been prepared by drawing on the work
of The Royal Institution of Chartered Surveyors whose
permission to reproduce this material from their
paper VGN 11 is acknowledged.

the existing use of the land/buildings.

Waste tips
Industrial sites/buildings

For convenience, pollution and contamination are taken

to be synonymous and the latter is used to describe those
environmental factors which may have an adverse effect
on human safety or significantly affect the environmental
quality of land or buildings.

Gas works Chemical

The importance of contamination to valuers in particular

depends upon:

Sewage works

(a) the state of knowledge at any time of the existence

and effect of the particular form of contamination.

NZ RP GN 1 VAL UAT IO N OF CON TAMIN ATED LAND

works Animal product

works Shipyards
Defence and research Establishments

Contamination as a result of these uses may cause

contamination to water courses.

13.1 .
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N Z VA L UATI ON G UI D A N C E N OTE 1

On site, there may be evidence such as: dead ground, ash,

settling tanks, spoil heaps, artificial levels, made ground
etc. Direct or indirect local knowledge is important.
More recently, modern technologies have introduced a
wider range of contaminants, both site specific such as
petro-chemical plants, power stations and nuclear facilities,
and more dispersed in the form of consumer goods and
services involving, such as, CFCs.
(iii) Mineral extraction and processing.
This description covers both surface and underground
workings, much of which can be evidenced from records.
Often geographically based its effect will vary according
to the type of mineral operation and the extent to which
unstable or contaminated materials have been tipped into
mineral excavations.
(iv) Disposal of waste by land fill tipping.
(v) Agriculture and agricultural related industries.
These can cause both chemical and biological
contamination to water and land.

Build ing s
Each generation of building technology has experienced its
particular defects and failings, typically the use of asbestos,
high alumina cement and wood wool slabs. Some of these
have structural implications, others have environmental
implications.
Air conditioning systems give rise to various concerns: cost
in use, quality of environment, bacteriological problems,
chemical problems. In the latter case, the use and
replacement of CFCs will be an increasing problem, with a
high degree of obsolescence.
Some materials may be considered unsuitable by investors.
Looking further ahead, efficiency in energy use will place
additional emphasis on insulation materials and buildings
may, in the long term be analysed to establish their carbon
generation and potential for recycling.

Current Use
The actual process of the construction of buildings and civil
engineering work can cause contamination or diminished
environmental quality, both on and off site and above and
below the surface.

Occupiers, landlords and lenders all need to ensure that

any contamination arising from the current use of the
site is identified by inspection and/or enquiries of site
management and that it is recorded.
Valuers should be aware of the impact of the Health and
Safety in Employment Act 1992.

Valuation Basis
The general principle is that the valuer should reflect all
relevant issues in his/her valuation.
Unless otherwise instructed the valuer should cause to be
made such enquiries as in his/her professional judgement
are necessary to establish any existence of, and the
probable extent of contamination.
The enquiries may be undertaken by the valuer, an
appropriate consultant appointed by the valuer in
consultation with the client, or the client or may be met by
the client providing information which the valuer considers
adequate. The enquiries will be typically part of the
valuation procedure of establishing current and past users
of the subject land, including enquiries of the relevant
authorities.
The type of enquiries would be a result of any initial onsite evidence of contamination or evidence in the location
and the user/proposed user of the site.
Any apparent evidence of possible contamination arising
from adjacent property should be noted and considered.
In all cases, the valuer is under a duty to advise the
client if an issue has been identified which is outside his/
her competence, (and for which the appointment of a
consultant is recommended prior to the valuation being
completed and/or any commitment being made.)
There is a tendency of lenders, sometimes at the insistence
of insurers, to ask of valuers questions in standard forms
which the valuer is not qualified or able to answer. The
valuer should take care not to commit him/herself in such
cases just because the instructions imply that the service to
be provided so requires.

The effect on value

A valuer is unlikely to have the skills to undertake an
environmental audit or interpret its significance, as it
requires detailed technical knowledge and analysis.

The use of a building may cause problems, including:

Air and noise contamination
The escape of hazardous materials Waste
management and disposal

13.1.2

The reduction in value attributable to contamination is

generally measurable using the same methods and
techniques that are used to measure loss in value or
depreciation from other causes, for example residual and
before and after valuation. Valuers should, however,

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N Z R E A L P R OP E R TY G UI D A N C E N OTE 1

bear in mind that the market value of a property after

remedial works, less the cost of such works may, for
various reasons, be either greater or less than the
mathematical sum.
Costs to be taken into account by the valuer include:
(a) clean-up of on-site contamination;
(b) effective contamination control and management
measures;
(c) re-design of production facilities;
(d) penalties and civil liabilities for non-compliance;
(e) indemnity insurance for the future;
(f)

the avoidance of migration of the contamination to

adjacent sites;

(g) the control of migration from other sites; and

(h) the regular monitoring of the site.
The valuer should consider whether:
(a) the source of the contamination or hazard can be
successfully and economically eliminated; or
(b) the contamination or hazard cannot be entirely
eliminated but can be covered or contained so as
to make the property fit for a particular use for a
specified, perhaps limited, period; or
(c) it is possible to mitigate the effect of the
contamination or hazard in any way; or
(d) the contamination or hazard has no effect on
the market value of the property for existing use/
alternative use; or
(e) a negative value may exist, particularly where an
authority has a right to take action and charge the
owner .
In those cases, however, where it may be possible to
eliminate the source or rectify the effects of the
contamination or hazard, then the reported valuation may
be assessed taking into account the market s view of the
relevant estimated costs of such elimination or rectification
together with other influences affecting market value,
such as:
(a) inability to ef

(b) stigma;
(c) the risk of failure of treatment;
(d) compensation for disturbance or reduced enjoyment
of the property or adjoining sites;
(e)

risk of legislation/remedial standards changing;

(f)

a reduced range of alternative uses of the site;

valuer to make a deduction in the valuation assessment.

The valuer should consult with management of the entity
where appropriate.
Contaminated land issues do not affect only market
values of owner-occupied property. They may affect rental
valuations and the valuation of freeholds in respect of
leases which subsist, and the valuation of the leasehold
interests themselves. Valuations in such cases need to
reflect the respective responsibilities of the parties and
the likely action of the other in cases of breach of those
responsibilities, which will usually depend upon the precise
wording in the leases. Particular aspects for consideration
include repairing covenants and service charge provisions,
which relate to the physical condition of both the site
and the buildings; rent review clauses, which typically
pr
and statutory requirements have been complied with; and
whether the landlord may be able and wish to refuse an
application for assignment or oppose the granting of a
new lease on grounds of breach of covenant.
Valuation for acquisitions and disposal (including letting)
may attract similar considerations. Moreover the cost to
a potential purchaser of procuring a report on possible
contamination may limit interest and result in vendors
deciding to procure surveys for the information of
prospective purchasers, who would, however, need to
consider the extent of the legal responsibility to them
on the part of the provider of the report. Purchasers of
the assets of a business as a going concern may require
indemnities relating to past contaminative uses, and such
requirements may impact upon the valuation.
The potential availability of grant aid, in particular
programmes in respect of derelict land, and the roles
of government agencies are factors to be considered in
preparing valuations, and it may be appropriate to reflect
the potential availability of a grant in the valuation. The
valuer will carefully consider the appropriateness of so
doing where the agency has not yet committed itself to an
approved scheme.
All enquiries should be addressed to:
The Standards Committee
New Zealand Institute of Valuers
P O Box 27146
WELLINGTON

(g) uncertainty.
There is a need to avoid double counting in company
accounts. Where a contingent liability for clean-up has
been provided by the entity there may be no need for the

NZ RP GN 1 VAL UAT IO N OF CON TAMIN ATED LAND

13.1 .
31

N Z R E A L P R OP E R TY G UI D A N C E N OTE 1

ENVIRONMENTAL ISS UES

A Selected Bibliography (com piled August 1994)
All the following articles or publications are held in the NZIV library, Wellington and are available on request
NOTE: Readers may update this readings list by reference to V
the annual Index to the New Zealand V
rnal

rnal, and

JOURNAL ARTICLES
The Appraisal Jour nal
April 1991

Contaminated Properties - Stigma Revisited

Peter J Patchin MAl

An Evaluation of the Impact of a Well-Designed Landfill on Surrounding Property Values

Donald H Bleich PhD, M Chapman Findley III PhD, G Michael Phillips PhD

July 1992.

ronmental Issues
Patricia R Healy & John R Healy Jnr MAl

Owners Get Tax Refund Due to Asbestos

NY Appeals Court decision

October 1992

The Impact of Hazardous and Toxic Material on Property Value: Revisited

Bill Mundy MAl PhD

January 1993

Issues in the Valuation of Contaminated Property

James A Chalmers PhD & Scott A Roehr

Impact of Hazardous Waste Sites on Property Value and Land Use: T

Michael Greenburgh PhD and James Hughes PhD

The Canadian Ap p raiser

Autumn 1990

Toxic Real Estate and the Role of the Professional

Mary C Hall

Summer 1991

Legal Liability and Toxic Real Estate

Larry 0 Dybvig

The Valuer & Land Econom ist

Volume 23

Impact of Environmental Planning on the Valuation Process, 23:518-21 Thomas H 0

Re-use of Land to Improve the Environment, 23:330-6 - Thomas H 0

Safegarding the Environment, 23:39-43 - Blanch j

Volume 24

Ecology Movement Effecting Land Values, Environmental Impact Studies and the Valuer,
24:364-5 - Thomas H 0

Volume 29

Valuations - The Impact on Environment Planning - Robinson I D January 1986 p5-8

Volume 31

Valuers and the Environment (August 1991 p500-511)

The impact of hazardous waste on appraisal - Kerry Herron FVLE
The importance of environmental risk management - Andrew Marr
The Hidden risk of industrial investment - Bevan Schwaiger
Contaminated sites - John T Mundy

13.1 .4

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N Z R E A L P R OP E R TY G UI D A N C E N OTE 1

Volume 31

Why Valuers should consider Environmental Contamination and Compliance Issues

- Peter Menylees . (November 1991 p567-571)

Volume 32

Environmental Liability: Risks for Valuers - I Hunt (February 1993 p359)

Volume 32

Environmental Liability: Additional Risks for Valuers - R R Nathans (February 1993 p363)

Contaminated Sites: Remediation, Development and Marketing

- Annand P G (November 1993 p598)

Contaminated Sites: Assessment, Remediation and Value-Added Strategies

- McNamara M (November 1993 p596)

Contami
rns and Requirements to Reduce En-vironmental Risks
- Schwaiger B (November 1993 p588)

Contaminated Sites: Standard for Valuation of Contaminated Land in Australia

- Spencer J A (November 1993 p585)

(AIVLE) Contaminated Land Practice Standard (May 1994)

Volume 33 No 2

New Zealand V

Jour nal

June 1992

Environmental Audits - J D Lynch

March 1993

Effect of Environmental Factors and Pollution. TIAVSC Information Paper # 11

March 1994

Environmental liability and the Banker-Valuer Relationship - Xan Harding

Monog rap hs held by the NZW

Real Estate Issues

(Winter 1991)

Environmental Counselling Cases

Landfills Aren t All Bad: Considerations for Real State Development

How a Garbage Dump Became a Post Office

The Effects on Residential Real Estate Prices from Proximity to Properties Contaminated with
Radioactive Materials

Current Legal Issues Raised by environmental Hazards Affecting Real Estate

A Case for an Environmental Real Estate Market

The Valuation of Contaminated Properties

Rationalizing Environmental Cleanup

Standard on the Valuation of Property Affected by Environmental Contamination

Appraisal Institute
of Canada

Contaminated Real Estate Implications for real estate appraisers

(NZ) Ministry

Potentially Contaminated Sites in New Zealand

IAAO Standard.

ronmental Issues

(August 1992)

for the Environment

Appraisal Institute

A Broad Scale Assessment (November 1992)

-

Measuring the Effects of Hazardous Materials Contamination on Real Estate Values: Techniques
and Applications

Royal Forest & Bird

Handbook of Environmental Law

Protection Society
Australian &
NZ Environment
& Conservation Council

Australian & NZ Guidelines for the Assessment and Management of Contaminated Sites
(January 1992)

NZ RP GN 1 VAL UAT IO N OF CON TAMIN ATED LAND

13.1 .5

N Z R E A L P R OP E R TY G UI D A N C E N OTE 1

SEMINAR PAPERS HELD IN THE NEW ZEAlAND INSTITUTE OF

VALUERS LIBRARY
Distance Teaching Seminar 1993
Seminar No 2 Environmental issues , papers covering
-

Asbestos

Dairy effluent disposal and noxious dumps

Environmental issues impacting on the valuation process

- What a valuer needs to know from a legal perspective

Contaminated sites - updates for valuers

Environmental Risk, valuers, and valuations - a banking perspective

1994 Auckland Branch AGM

The Environment
Contaminated Land - associated issues for valuers
Valuers in the environment
Some effects of the RMA on property
Organic
Waste Management
Valuing the Environment

All enquiries should be addressed to:

The Standards Committee
New Zealand Institute of Valuers
P O Box 27146
WELLINGTON

Issued 1 January 1995

13.1 .6

AN Z VA LUAT I ON A ND P ROPE R T Y STAN DARDS

13. 2

N Z R E A L P R OP E R TY G UI D A N C E N OTE 2

NZR P GN 2 CO UNTER -S IGNING O F

VA L U AT I O N R E P O R T S P R E PA R E D B Y
U N R E G I S T E R E D VA L U E R S
The New Zealand Valuation & Property Standards Board
issues the following guidance note to all members of the
Property Institute of New Zealand and the New Zealand
Institute of Valuers.

4.0 Recom m end ations

4.1

It is recommended that the registered valuer

counter-signing the report inspect the property
being valued and be familiar with all physical and
valuation aspects pertinent to the property.

4.2

It is recommended that the counter-signer liaise

with the other parties responsible for preparing the
report to ensure accuracy and competency.

Members are referred to the New Zealand Institute of

V

1.0 Introd uction

1.1

This Guidance Note has been prepared for all

members of the New Zealand Institute of Valuers,
in particular those registered valuers countersigning reports prepared by non-registered
valuers, often in a valuer-in-training situation.

5.0 Disclosure
5.1

The counter-signing registered valuer is to include in

the report a statement specifying the level of their
involvement in preparing the valuation report.

2.0 Registered Valuer

Responsibility
2.1

A registered valuer who signs a valuation report

prepared by another person accepts full
responsiblity for the valuation and content of the
report.

2.2

The responsibility of registered valuers cannot be

limited by the use of conditional clauses in respect
to the valuation.

3.0 Counte r-Sig ning of NonRegistered Valuer Re ports

3.1

A registered valuer, counter-signing a report

prepared by a non-registered valuer,
unequivocally accepts full responsibility for
the valuation and contents of the report.
Responsibility cannot be limited by the use of
conditional clauses.

N Z R P G N 2 C O U N T E R - S I G N I N G O F VA L U AT I O N R E P O R T S P R E PA R E D B Y U N R E G I S T E R E D VA L U E R S

13.2.1

THI S PA G E I S I N TE N TI ON A L LY L E F T B L A N K

13.2.2

AN Z VA LUAT I ON A ND P ROPE R T Y STAN DARDS

B US I N E S S F OC US

14. 1
BUS INES S FO CUS
Pur pose

Expansion of Business Focus

The purpose of this Business Focus section is to outline for

Members some of the measures available to improve their
businesses through professional development and various
forms of communication including reports.

This Business Focus section will be expanded in the future

to provide greater assistance to Members in meeting
roperty-related problems
especially as the era of electronic commerce develops.
If Members would like to see anything in particular
developed to assist them, the Institute would be pleased to
discuss their requirements.

Benefits to Mem bers and Clients

Most of the Valuation and Property Standards Manual is
intended to firstly benefit Members and secondly their
clients. It will give Members a better understanding of
what the property profession expects of them as Members
of the Australian Property Institute and Property Institute
of New Zealand while at the same time assisting them to
increase the benefits and relevance of the service provided
to clients.

The Institute trusts that the Manual and this Business

Focus section in particular, will benefit Members and their
clients.

Want to Know More

Visit the Institute s web site:
[Link] or [Link]

Clients Needs and Prob lem s

The main reason for being in business is to serve and
benefit a client. Benefits come from solving client
problems. This requires an understanding of client needs
and an awareness that those needs for some of our
client groups are frequently changing. If we are to remain
relevant to them we must know how to change what we
do so we continue to solve their problems.

Forw ard Looking

The Australian Property Institute and Property Institute of
New Zealand have str
client groups and will assist Members in the process of
roperty-related problems. Your Institute is
constantly looking forward trying to see what is over the
horizon and working on appropriate responses.

B USINES S F OCU S

14.1.1

THI S PA G E I S I N TE N TI ON A L LY L E F T B L A N K

14.1.2

AN Z VA LUAT I ON A ND P ROPE R T Y STAN DARDS

B US I N E S S F OC US 1

14. 2
P R O FES S IO NA L A CTIV ITIE S
1.0 Introd uction
1.1

1.5

To further professionalism as an integral component

part of bringing about improved Professional
Indemnity Insurance market conditions on behalf of
members, the Australian Property Institute initiated
a compulsory Risk Management Module (course)
for all practising valuers as part of the continuing
professional development program.

Purpose
The purpose of this Business Focus element is to
inform Members of various professional activities
that can be undertaken to increase expertise
and professional standing as a foundation for
improved business and/or career prospects as well
as contribution to the advancement of the body
professional.

1.2

The Risk Management Module includes topics such

as best practice, better communication, better
client selection, the stages of valuation, principles
of law, a review of the API s Rules of Conduct
and Code of Ethics together with disciplinary of
proceedings and the regulatory framework,
professional office procedures and an awareness of
insurance issues.

Points towards CPD

Most of the activities listed below will qualify
Requirements, Activity Planner & Recor
eligibility details.

1.3

1.4

The intent of the Risk Management Module is

to kerb the deteriorating Professional Indemnity
Market conditions which has been characterised by
rapidly rising premiums, rapidly rising self insured
excesses or deductibles and deteriorating policy
wordings.

Professional Groups
Around Australia & New Zealand are groups of
Members of the API & PINZ who meet regularly
to discuss matters of interest at a professional
level and to network and enjoy professional
camaraderie. These are usually low cost activities
of several hours duration, often featuring a
guest speaker. In metropolitan areas it should be
possible to find a group that suits your interests
and professional activities. Numbers in nonmetropolitan areas usually mean only one group
per region. Most groups will have a Chairperson
as well as other office bearers. These are further
opportunities for professional advancement.
Contact your Divisional office/ Branch for details of
groups near you.

CPD Modules
The Institute s have developed a wide range of
module topics to periodically offer Members.
These range from several hours duration to full
day workshops and some spread over a number of
weeks. New topics are constantly being developed
to meet demand in our dynamic property area.
Most of these run on a cost recovery basis. Contact
your Divisional office/Branch for details of modules
coming up (though most will mail out flyers with
newsletters).

P R OFESSI ONA L ACT IV ITIE S

Risk Management Module (RMM)

1.6

Conferences
Most API Divisions will hold conferences with some
events long established and attracting hundreds
of Members and other interested parties. Some
conferences are urban focussed while others
are rural. While many are held in capital cities
and regional centres as appropriate, others are
held at resort destinations for those who like to
combine professional activities and tax advantages.
PINZ holds an annual national conference which
attracts more than 500 property professionals,
organises national seminars and an annual national
audio conference. PINZ Branches provide local
seminars and educational events. International
conferences are also available. Conferences are not
only an excellent way of earning CPD points and
gaining knowledge, but they are also an excellent
opportunity for networking and catching up with
professional acquaintances. And if cost is an issue,
some study groups also organise low cost half
and one day conferences and workshops. Details
on conferences are usually included in Institute
publications.

14.2.1

B US I N E S S F OC US 1

1.7

Tapes, Videos and Papers

From some of the above activities a range of tapes,
videos and papers are produced and are available
for purchase at low cost from the Divisional/Branch
offices while videos are often available for hire.
These are excellent ways to learn and gain more
CPD points at a time and place of your choosing.

1.8

Boards, Councils and Committees

Most API Divisions have Professional Boards and all
have Divisional Councils. Most API Divisional
Council positions are member-elected while a few
are appointed as are Board positions. Potential
exists to progress to National Council, National
Professional Board and Australian Valuation
and Property Standards Board. PINZ operates an
elected Board and NZIV operates an elected
Council. Reporting to both of these groups are
national Committees and Boards together with
Branch Committees, All these are excellent
opportunities to contribute to the advancement
of the profession. The Institutes are keen to have
the benefit of input from more recently qualified
Members. Occasionally the opportunity arises
committees, usually to address specific issues.

1.9

Articles for Professional Journal

The Editorial Board of the professional journal of
API and PINZ is interested to receive articles of
interest from Members. These do not have to be
highly technical but can have broad appeal rather
than being narrowly focused on local issues.

14.2.2

AN Z VA LUAT I ON A ND P ROPE R T Y STAN DARDS

B US I N E S S F OC US 2

14. 3
R EP O RTS , CO NTENT A ND
C O M P I L AT I O N

for a mortgage advance, or as complex as

establishing the feasibility of a mixed category,
multi-stage development proposed for a rapidly
expanding area where the site needs rezoning and
remediation of contamination. The purpose for
which the client needs the report and the nature of
the problem to be solved will both tend to dictate
the:

1.0 Introd uction

1.1

Purpose
The purpose of this Business Focus element is to
provide Members with an indication of some of
the types of reports which can be produced for
clients, what they could contain and how they
might be compiled.

1.2

1.3

type of report,

Scope

format of the report, and the

This Business Focus element applies to Members

providing an array of reports to clients on a
wide range of property types and issues, and for
numerous purposes.

content of the report.

Definition

3.0 Ty pes of Re ports

3.1

Most report styles tend to fall into one of the

following three categories:

For the purpose of this Business Focus element, a

report is any written or oral communication of a
property assessment, analysis, consulting service
that is forwarded, conveyed or transmitted to the
client upon completion of an assignment.

1.4

Oral Report
Where a report is conveyed to a client in an oral
communication, it is recommended that the advice
be confirmed in a hard copy or other electronic or
digital format capable of producing a text version.
If instructed not to provide anything in writing, it is
important to ensure this is noted in the file along
with a written record of the oral advice provided.

3.2

R EP O R TS , C ONTEN T AND COMPI L AT I ON

Self-contained or comprehensive style

Summary or short form style

Restricted or proforma style

Self-contained or Comprehensive
A self-contained or comprehensive style report
comprehensive level of detail. It should contain
all information significant to the solution of the
property problem. It will often involve in-depth
detail on each of many points under numerous
headings in sections containing like information.

Purpose dictates Report Type, Format

and Content
Reports can have many names, but most, if not
all, property reports are basically aimed at
providing solutions to property problems to meet
roblem may
be as simple as not knowing some information
about a property, it may involve a client s need
to know what would be the best use to which
to put the property, whether it is suitable
security (what are the risks and Market Value)

The substantive content of a report and not the

size of the document alone influences which
category a report fits into. Each item in each type
of report should be addressed in the depth and
detail as appropriate for the item, the type of
report and purpose.

2.0 Report Purp ose

2.1

Three Main Categories

3.3

Summary or Short Form

A summary or short form style report generally
re concise
form. It should contain a summary of all
information significant to the solution of the
property problem. It will often involve one or

14.3 .1

B US I N E S S F OC US 2

several paragraphs summarising in abbreviated

narrative or tabular format, the main points under
a major heading or section.

3.4

New features are continually being added to these

programs. Even if you have an existing program
which appears to still be doing the job after three
or four years, the advances are well worth the
cost of upgrading. Many packages are offered
today which include word processing, spreadsheet,
database, graphics, organisers and presentation
assistants. The package cost is often less than
the cost of a single program just a few years ago
and there are many more features. Databases can
also be used to produce a report while capturing
data to add to the database or using information
already in it. Making the move can also be an ideal
opportunity to upgrade hardware as well. Often,
all a client sees of you is the reports you send
in. Don t sell yourself short by submitting poorly
presented and formatted reports. The annexure
to this Business Focus element will also give an
indication of how your report could be formatted.

Restricted or Proforma
A restricted or proforma style report
its information in a minimal presentation. The
headings are often decided by the client (who
tends to be a volume user of Members reports)
who requires information briefly stated. It will
often involve a combination of brief narrative
statements and simple fact statements or bulleted
points.

3.5

Deciding type or style

In deciding the type or style of report appropriate
in any instance, the following should be
considered:
o

the client s requirements,

the client s level of understanding of the

particular type of property and its market,

4.3

The electronic commerce era is gathering pace. In

the US and Canada it is already having significant
impact on our profession in the residential
mortgage reporting market. e-commerce for our
profession is not about e-mailing files as many of
us at first thought. Reports are generated out of a
database and the content transmitted to the client
as data fields. A significant number of Australian
lenders are already well advanced in their plans
in this area. e-commerce will have a significant
impact on our professional lives. Our quick uptake
in this area will be necessary if we are to remain
relevant to our clients in their new ways of doing
business. Initial indications are that it will best
suit shorter form reports which will need to be
consistent in format.

the purpose of the assignment or task.

4.0 Report Form at s

4.1

Institute does not Dictate Format

While the Institute does not dictate the form,
format or style of reports, it may assist Members
by indicating what could be provided or it may
produce formats for particular client groups to
enable the benefits of uniformity to be gained.

4.2

Word Processor Report Templates and

other Useful Features
Modern word processing programs often provide
report templates. They also include many features
enabling very professional reports to be produced
readily. These include:

14.3.2

page headers and footers

automatic page numbering

automatic table of contents

great variety of font types, sizes and

enhancements such as bolding and italics

table format control

spell and grammar checks

import data and graphs

and many others.

E-commerce Era

5.0 Report Content

5.1

Deciding on Content
The content of reports will vary greatly. With
comprehensive and summary style reports the
content can be decided by focussing on the
subject, the purpose and the client s needs or
problems and objectives.

5.2

Comment on Extent of Process

It is recommended that in each type of report
that you comment on the extent of the process of
collecting, confirming and reporting data. However
this description should not be out of proportion to
the length of the report.

AN Z VA LUAT I ON A ND P ROPE R T Y STAN DARDS

B US I N E S S F OC US 2

With a comprehensive report the full extent of the

process should be apparent to the report reader so
such comment can be briefly stated.
With a summary report the full extent of the
process may not be apparent to the reader, so to
protect yourself, summarise the process.
With a Pro-forma report the full extent of the
process will not be apparent to the reader so either
the pro-forma or a supporting memorandum
referenced in the report should describe the
process.

5.3

6.0 Report Balance

6.1

Reference to File Material

5.5

As a Member and a property professional, your

point of difference is your ability to provide
solutions to property problems, not just describing
property, - which is sometimes well known to the
client anyway.

Caution any Limitation on Content

Where a client requests less content than is
considered appropriate for the purpose, it would
be prudent to include a covering comment on
this limitation in the report noting that the detail
is held on file and can be provided by further
arrangement, (while also cautioning if the omission
of that content could mislead or not adequately
inform the client or any party authorised to rely
on the report). If any restriction or limitation is
r
reat
care should be taken.

Clearly and Logically Presented and

Adequately Detailed
It is important for the content of a report to be
clearly and logically presented and adequately
detailed for the purpose. This applies especially
to self-contained or comprehensive style reports.
These will tend to comprise the following main
parts:
o

Summary - of the report and its findings or

recommendations

Body of the report comprising:

Property and/or Project - adequately described

for the purpose.

Market - relevant dynamics and data.

Assessments, Consideration of Issues and Risk

Analysis (if relevant).

Solutions if relevant.

R EP O R TS , C ONTEN T AND COMPI L AT I ON

Focus on the Problem and Solution not

the Subject
It is important to keep reports in balance. The
description of the subject should not out-weigh
your focus on the market and the development of
your solution to the property problem. In the past
there has been client comment that some reports
provide lots of detail about the property but very
little about the market or the solution to the
roperty pr
be reversed.

It is also recommended with the summary and

pro-forma reports that reference be made to the
existence of appropriately detailed file material in
support of the conclusions and that from these a
comprehensive report can be compiled by further
arrangement.

5.4

Annexures (addenda, appendices etc.) which

are generally support material providing
additional detail which has often been
gathered from other sources.

- putting content in
your report which adds to your client s knowledge,
not putting in lots of content which the client
already knows or is not relevant to the current
problem. The information which you have is not
knowledge until it is in the hands of a client who
can turn it into value. You can turn it into value for
your client by solving his property problems with it.

6.2

Sufficiently Detailed Summary

Balance is also achieved by understanding the
client s requirements and situation. While a client
may require a comprehensive report (or in cases
where such is warranted and provided), it is
becoming increasingly obvious that busy clients do
not have time to fully read the whole document.
Though many reports pr
re than indicate
that the property has been inspected, that it
contains certain improvements and a brief note of
the particular property solution. Some clients then
have to go through the whole report to prepare
their own summary.
Balanced r
r
rovide a summary
sufficiently detailed that it could almost pass as a
Summary or Short form Report.
The reader should be able to gain an adequate
understanding of the subject of the report, the

14.3 .3

B US I N E S S F OC US 2

relevant market, the main considerations and the

solution to the property problem. Any aspect of
concern can be explored further in the body of the
report, the reader can come back to the balance
of the report as time permits, or the report can
be referred to someone else to follow up. The
-7 pages long, should
touch on the main points of the report so that
the reader will gain an overview of the purpose
and subject of the report, the relevant market,
the main considerations and the solution to the
property problem.

6.3

Balance in Issues and Language

Balance in report content also requires a balance in
the issues addressed and the language used. The
report should:

6.4

Objectively address upside and downside

potential;

Not be over-glowing in the positive aspects or

unduly critical in negative aspects;

Not infer things which should be detailed or

explained;

Not avoid or be silent on important issues;

Not use jargon, abbreviations or unexplained

technical terms unless suited to the client;

Lead to a conclusion clearly supported by the

report content.

7.0 Report Content Prom pters

There are many ways/combinations of techniques
to produce a report. With the benefit of word
processors, some people save a duplicate copy
of a similar property report and change it as
necessary. There are several inherent dangers with
this method. Firstly, some detail that should be
changed or deleted might not be, and secondly,
some points that may not have been relevant
in the first might be overlooked in the second.
Perhaps a safer method is a report layout template
containing any standard content with prompters
built in. Annexed to this Business Focus element
is a Report Compilation Prompter which you can
be use to select major section headings for your
report and points under a range of sub-section
headings from which to choose appropriate
content. Out of this you can build a report
template or shell with your standard content
into which you insert the variables based on a
selection of the prompters as relevant. While the
headings and points are comprehensive, they are
not exhaustive. Whatever system you use you will
probably find it handy in building your reports.
Add to it as necessary.

Balance in Short-form Reports

Balance is also important in summary or shortform reports. While many practices use standard
descriptions of a town or city, it looks obvious
and out of balance when one suitable for a
comprehensive report is inserted into a short-form
report. It too should be scaled down to a summary
version only.

6.5

Challenge of Pro-forma Reports

Pro-forma reports sometimes pose a challenge in
deciding just what and how much information
needs to be provided. Pro-formas are often
designed or utilised by the client to meet a need
(usually to gather just the important information in
However, if a particular key aspect of the subject
property is so important that the client should be
informed beyond the space provided on a fixed
field pro-forma, it is appropriate to provide an
addenda to the pro-forma.

14.3 .4

AN Z VA LUAT I ON A ND P ROPE R T Y STAN DARDS

B US I N E S S F OC US 2

Annexure 1 - Com prehe nsive Rep ort

(Nature of Problem Addressed)
Type of Property/Market Segment
Address of Property

Photo if appropriate

Under Instructions From:

For the Use and Benefit Of:
Your Ref. / Order No:
Our Ref:

R EP O R TS , C ONTEN T AND COMPI L AT I ON

14.3 .5

B US I N E S S F OC US 2

6.0

TABLE OF CONTENTS

ASSESSMENTS (if appropriate).............. 14.3.14

6.1

1.0

2.0

3.0

Page No.

6.1.1

Sales Comparison Approach .... 14.3.14

EXECUTIVE SUMMARY ........................... 14.3.7

6.1.2

Capitalisation Approach........... 14.3.15

1.1

6.1.3

Summation Approach .............. 14.3.15

6.1.4

Hypothetical Development/ ..... 14.3.15

Residual Value Analysis

6.1.5

Financial Modelling/ ................ 14.3.15

Discounted Cash Flow

Summary of Report ......................... 14.3.7

(Executive Summary)

1.2

Recommendations............................ 14.3.7

1.3

Assessment(s).................................. 14.3.7

CLIENT ..................................................... 14.3.7

2.1

Client Details, Purpose..................... 14.3.7

and Objectives

2.2

Required Assumptions and ............. 14.3.7

Limitations

PROPERTY (if appropriate) ...................... 14.3.7

7.0

8.0

PROJECT FEASIBILITY (if appropriate) .. 14.3.15

7.1

Feasibility Study............................. 14.3.15

7.2

Sensitivity Analysis......................... 14.3.15

ISSUES (as appropriate) ......................... 14.3.16

Title and Property Detail .................. 14.3.7

8.1

Subject Property ............................ 14.3.16

Planning Control ............................. 14.3.7

8.2

Project........................................... 14.3.16

3.3

City or Town ................................... 14.3.8

(or nearby main town) --- by name

8.3

Neighbouring Properties ............... 14.3.16

and Neighbourhood

3.4

Location and Locality....................... 14.3.8

8.4

Market .......................................... 14.3.16

3.5

The Land ......................................... 14.3.8

8.5

Assessments.................................. 14.3.16

3.6

Services ........................................... 14.3.9

8.6

Feasibility ...................................... 14.3.16

3.7

Improvements ................................. 14.3.9

3.8

Construction ................................... 14.3.9

3.9

Occupancy and Outgoings ............ 14.3.10

9.0

Project Details ............................... 14.3.12

MARKET ANALYSIS (if appropriate) ..... 14.3.12

5.1

Marketability ................................. 14.3.12

5.2

Condition of the Market................ 14.3.13

5.3

Market Dynamics .......................... 14.3.13

5.4

Market Data (as appropriate) ......... 14.3.14

5.4.1

Property Sales........................... 14.3.14

5.4.2

Property Rentals ....................... 14.3.14

5.4.3

Rates of Return ........................ 14.3.14

5.4.4

Developer s Profit ..................... 14.3.14

5.4.5

Vacancy Rates .......................... 14.3.14

RISK ANALYSIS (if appropriate)............. 14.3.16

9.1

10.0

PROJECT (if appropriate)....................... 14.3.12

14.3 .6

Assessment ................................... 14.3.15

3.2

4.1
5.0

6.2

3.1

3.10 Trading ......................................... 14.3.12

4.0

Valuation Approaches ................... 14.3.14

The Property/Project, .................... 14.3.16

The Market and Trends

STRATEGY (if appropriate) .................... 14.3.16

10.1 Alternatives ................................... 14.3.16

11.0

RECOMMENDATIONS ............................ 14.3.16

11.1 Recommendations......................... 14.3.16
ANNEXURES ........................................... 14.3.16

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B US I N E S S F OC US 2

2.2

1.0 Sum m ary

Required Assumptions and Limitations

o

1.1

1.2

Summary of Report
o

Brief summary of client details and objectives

Note any special conditions, assumptions or

limitations required

Brief summary of the subject of the report

If includes a project, describe briefly

Summarise market analysis

Outline main issues

Outline main findings

State any assumptions required by client or

limitations imposed

3.0 Property
In this Section, choose headings as appropriate and renumber

3.1

Title and Property Detail

o

Known As/Situated

Legal Description

Area

Recommendations

Dimensions

List Recommendations (or alternatives)

Title and Reference

Report Date

Signature of Member

Restrictions, Encumbrances, leases etc. noted

therein

Name, Qualifications etc

Recorded Ownership

Draw attention to assumptions and limitations

contained in report (or list)

Nature of interest in the property

Rating and taxing information

o
o

1.3

rom this report may be included

Assessments
o

State the extent of the process of collecting,

confirming and reporting data

3.2

Planning Control
o

Zoning and Scheme Reference

Objectives of the zoning

Allowable uses without consent

Allowable uses with consent

Prohibited uses

Existing approvals and prior approvals and

reference

What interest has been assessed and for what

purpose

Date of assessment

Market Value definition

Any Heritage implications

If a pr

Planning requirements affecting any proposed

uses or development

Assessment in words and figures

Community and political environment

Note any special inclusions or exclusions

which are not real property

Any Approvals for nearby properties

Other broad Council policies which could

affect the property eg. buffer zones, height
restrictions, heritage areas etc.

Any particularly important State

Environmental Planning Policies

Any proposed changes of zoning or draft

plans

Statutory Charges applicable

Landscaping requirements

2.0 Client
2.1

Client Details, Purpose and objectives

o

Client name (if an organisation, include name

of instructing representative)

Purpose for which the report is required

Statement of understanding of Client

requirements and objectives

R EP O R TS , C ONTEN T AND COMPI L AT I ON

14.3 .7

B US I N E S S F OC US 2

3.3

Carparking requirements

Landslip

Sunset clauses

Erosion risk

Subdivision requirements

Drainage

Floor Space Ratios

Flooding or watercourse

Site setbacks

Permitted densities

Easements, (or service conduits without

easements)

Planning Certificates sighted

Suitability for building - geo-technical report

required?

City or Town (or nearby main town) --by name

Possible encroachments, setbacks from

apparent boundaries

Profile as relevant to the task and client

Impact of adjacent properties

Provide extra detail for non-local clients and

indicate relative position to main centres

Aspect

Views

Location and Locality

Buffer zones

Side of street and nearest cross street

(distance & direction)

Other environmental hazards eg. wind, fire,

salt air, urban salinity

Nature of street (highway, main arterial, local

through street, cul-de-sac)

Hazardous or offensive development

Legal access

Number of lanes, median strip

Traffic flow

Physical ingress/egress for vehicles and

pedestrians & ease of

Locality or suburb name

Passing trade

Km to CBD

Noise Nuisance including flight paths and road

noise

Nearby development

Trend - redevelopment

Comment on history of site as a lead in on

contamination

Changes - traffic flow pattern, population,

demographics, new developments, existing
traffic generators ceasing or changing
operations

Any apparent cause for contamination

concern

Is any proposed use likely to cause

contamination

Air pollution

Mine subsidence proclamation area

The Land

Conservation orders or Heritage issues

The site has been identified by reference to

(DP, Survey Plan etc.)

Native Title --- claim or prospects thereof

Shape

Rural - (additional to any relevant from above

list)

Size

Altitude (range?)

Inside/corner

Rock

Elevation in relation to street level

Millable timber

Slope

Carrying capacity

Soil type

Rainfall incidence and variation

Fill

Land slip

3.4

3.5

14.3 .8

Proximity to beneficial features

Any particularly adverse features

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B US I N E S S F OC US 2

Salting

Access to & within the property

Electricity

Topography

Gas

Original timber

Kerb & gutter

Average yields crops

Schools m/km

Versatility of land use

Services adequate

Flooding

Water

Weeds

Phone

Erosion

Footpath

Soil compaction

Shops m/km

Views

Distance to silos

Soil types/areas

Sewer/septic

Timber remaining

Road surface

Crop types typical and actual

o

Transport m/km

Drought
o

Parking

Pests

Acid soils

Distance to Markets

Frost or hail prone

Where relevant, provide location of services

Home site

Various SEPP s (NSW) including

Main Structure

SEPP 14 (Coastal Wetlands)

Present use

SEPP 30 (Feedlots & Piggeries)

Building Type

SEPP 37 (Continued Mines & Extractive

Industries)

Built circa/exact year

SEPP 46 (Clearing - Flora & Fauna)

If strata, being one? of x units in the

development

Farm Improvements (other than main

buildings)
o

Internal roads

Erosion / landslip control measures

Fencing - boundary & subdivision

Water - natural, catchment, storage &

reticulation, domestic supply

Irrigation - licences and details, controlling

authority, water supply source & cost,
reliability & current availability, delivery system
& cost, layout, drainage.

Pasture - types, condition and fertiliser history

Plantations - type, number/area, age,

condition, yields.

Timber regeneration areas / woodlots

R EP O R TS , C ONTEN T AND COMPI L AT I ON

3.6

3.7

3.8

Services

Improvements

Construction
o

External walls

Floors

Roof covering

Wall frame

Footings

Roof frame

Internal linings

Windows

Ceiling linings

Shop front

Ceiling height

Awning

14.3 .9

B US I N E S S F OC US 2

Accommodation / Use Areas

Security system

Special Technology

List main rooms / use areas (in a bulleted list

or run-on style)

Y2000 (Y2K) Compliance CGT Issues Impacting

Approximate Areas
o

List each main part of a building and show

areas offset to the right

As applicable:
Living areas

m2

Patio & Verandah

m2

Garages

m2

Commercial Building

m2 GBA/m2 NLA

Lockup Shop

m2 NLA

Warehouse

m2 GBA

Effect on property/business

Effect on value/security risk

Market sentiment on issue

Structural Condition
o

List any significant problems or state if none

readily apparent.

Note if engineer s certificate required

Repairs and Maintenance

o

List any significant items/state if no readily

apparent major items outstanding

List major refurbishment or upgrading

required and estimated cost

Functional plan

Correct design criteria

If purpose built - adaptable? /alt. uses?

Pests

Adequacy of areas

Suit current use

Note any apparent problems/state if no

termites or pests evident.

Obsolescence

Recommend inspection by reputable pest

control company if warranted

Loading areas

Design aesthetics

Any obvious non-compliance

Occupational Health & Safety

Features and Standard

Asbestos

Trade Waste

Un-healthy building

Built-in features

Floor coverings

Air conditioning

P.C. Items list/quality

Ancillary Improvements

Window coverings

Tenant improvements/fit-out

Light fittings

List these in bulleted form broadly classified,

(eg. fencing, paving, landscaping, detached
minor buildings, carparking, service areas,
signage, yard lights etc.)

If strata, general description of shared

amenities, facilities, common property.

Farm Buildings and Structures

o

Building Services (mainly commercial &

industrial)

Brief description of use, size/capacity of each

in bulleted form.

Aircond./ventilation

Special Electrical

Elevators & escalators

Sprinklers

Premises identification

Lighting

Lessee

Goods lift

Commenced

Hydrants/fire hoses

Expiry

1 4 . 3 . 10

3.9

Occupancy and Outgoings

Epitome of leases - following detail as available or

appropriate

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B US I N E S S F OC US 2

Term

Vacancy factor

Commencing rent

Vacancy history

Current (passing) rent

Standing of major tenants

Total occupancy cost

Any retail leases legislation compliance

Area occupied

Car spaces if included

If a project, asking rents and any precommitments

Lessee outgoings

Review method & frequency

Incentives offered or required by the market

to maintain or attract tenants

Next review

Is the property managed & if so does it appear

effective

Option(s)

Use permitted by lease

Is there any excess land for which no effective

rent is paid

Unusual provisions

Option to purchase

If the property is owner-occupied, what would

be reasonable market terms and conditions
for a lease

Original or copy

Sighted

Term

Signed/Stamped

Options

Initial Rent

Review method

Review frequency

Comments
o

Occupancy status - vacant/owner-occupied/

tenanted

Note areas unable to inspect and give reason

Outgoings responsibility

Sight rent review documents (comment if not

available)

If the property is not leased at present,

allowance for loss of rent and leasing up?

Terms certain remaining

Total Passing Rent

Naming rights rental

Rates

Face rents/effective rents

Land Tax

Overage rent

Insurance

Rack rents

Repairs and Maintenance

Reversions

Cleaning

Characteristics of the income stream

Air Conditioning

Security of rental income

Electricity

Arrears or non-payment

Lift Maintenance

Arms length dealing

Management

Deposits or guarantees held

Fire Protection

Tenant fitouts

Pest Control

Incentives given

Security

Highlight leases expiring, options being

exercised or new leases pending

Body Corporate Fees

TOTALS

Tenancy mix

R EP O R TS , C ONTEN T AND COMPI L AT I ON

Outgoings (actual or estimated) and Recoveries (actual)

Outgoings Recoveries

14.3 .
11

B US I N E S S F OC US 2

Outgoings equate to approximately $per m2

of net/ gross lettable area

Construction Period

Progress Inspections

Development Program

If work in progress, indicate:

Rental Income Summary

stage of construction

Rental Income

Plus Recoveries

Estimated cost of work carried out in relation

to
contract price

Gross Rental Income

Estimated cost to complete the project under

the
current contract

Less Outgoings

Estimated completion period

Is major expenditure above normal R&M

required to maintain rental levels? Comparison
with normal building maintenance costs.

Net Rental Income

3.10 Trading
If a specialised trading property and goodwill is included,
consider the following:

Marketability
SWOT analysis - Strengths, Weaknesses,
Opportunities & Threats - go through sections
on property and project to address significant
aspects especially location, and if a project,
timing

Outline/summarise trading figures as supplied

and/or adjusted

Overall market appeal and/or status of the

property

Adequacy of business records/financial returns

kept - if inadequate or not available, what
effect on capitalisation rate and marketability.

Any subdivision potential - position of any

structures

Any onerous encumbrances on title

If any contamination, is stigma likely after

remediation

Economic/functional obsolescence, costs and

merits of remedying

Code non-compliance - cost and allowable

time frame to meet requirements

Purpose built building - suitability for

conversion and cost

Year 2000 compliance - anything affected e.g.

lifts, air conditioning

CGT Impact on marketability, value and

replacement insurance

Alternative uses

Is existing use Highest and Best Use otherwise

what is

Nature of trade and management

Comments about trade - past, present and

trend.

Business systems adequacy including Y2K

compliance

Explain any adjustments

Treatment of chattels, plant and equipment

4.0 Project
4.1

5.1

5.0 Market Analy sis

Project Details
o

Describe project/renovation program

Building approval detail and conditions

Extent of plans and documentation prepared

Fees, levies and charges paid to date

Builder

Plans & Specifications

Estimated Cost

Licence No.

Physical capacity of site

Engineer s Details

Work by owner

If a redevelopment site, demolition, site access

problems or cramped site conditions

Quote/Contract Price

Under/over capitalisation

1 4 . 3 . 12

AN Z VA LUAT I ON A ND P ROPE R T Y STAN DARDS

B US I N E S S F OC US 2

5.2

Any land surplus to current requirements or

for which no rental return achieved

Vacancy rate and trend

Native Title issues

Rental value trend

Heritage/National Trust issues

Current marketing/leasing period and trend (if

extended, give reasons)

Strength of tenancies

Incentives being offered/demanded

Any significant reversionary income

Finance availability and cost

Upcoming vacancies

Building cost trend

Likely tenant profile

Buyer motivation and requirements

Timing of project - anticipated market

conditions on completion

Vendor motivation

Existing competition - prospects of increased

competition

How good is the total package

Comparative position in the market place market segment

Prospects of change in Council or Govt. policy

or regulations

Any measures which would improve the

property s market position and advantage

General economic indicators - CPI, interest

rate climate, bond rate

Is ther

Is there any potential to fragment or

disaggregate the property

Prospect of market rising and/or falling in the

short and medium term - local, national or
international factors likely to /which might
impact on market

Any inherent factors which could impact

favourably or adversely on value

If rural enterprise, price trend for produce local & global factors affecting

Any other special factors bearing in mind the

purpose of the Report

Current seasonal conditions

Marketing method alternatives

Marketing strategy

Any adverse impact of legislation e.g.

Disability Discrimination Act

5.3

Market Dynamics
o

Profile of sellers/buyers in this market segment

Most likely type of buyer

Profile of lessors/lessees in this market

segment

Condition of the Market

Most likely type of lessee

Supply - sales/leasing listings level, private

offerings

Main market drivers

Supply trend - new product being

constructed/developed, approved

Considerations made by typical buyers/sellers,

lessors/lessees

Investor activity

Asking prices trend

Mortgagee sales activity

Demand level - sales/leasing rate, enquiry

level, pent up demand

Motivation of vendors and purchasers/lessors/

lessees

Demand trend

Historical market volatility

Rates of Return (yield) trend

Influence of marketing agents

Buyer s/Seller s market

Predominate sales/leasing method

Current position in the property cycle

Prospect of market turning

Market sentiment - consumer & business

confidence levels & trends, unemployment

Ease of sale/leasing - likely marketing/letting

up period

Market price range and typical market

segments

R EP O R TS , C ONTEN T AND COMPI L AT I ON

14.3 .
13

B US I N E S S F OC US 2

5.4

Market Data / Market Indicators

Next review

5.4.1

Property Sales

Commencing rent

Sources of information

Current rent

Sales details and analyses

Lessee outgoings

Address/Name of property

Total cost of occupancy

Legal description

Date of Contract

State if actual rents on subject are in line with

the market
Any reversionary income for subject property

Price

o
-

Land Area

o
-

Zoning

If a vacancy exists or occurs at present, could

the area be leased at a similar rental and how
long could it take to find a new tenant

Improvements

Lessee

If a development project, are the asking

rentals achievable and sustainable

Term of lease

Net lettable area (NLA) - GBA for industrial

Net rent

What is level of competition from existing

developments and other proposals or
developments which could come on-line in a
similar marketing period

Net Profit

Indicates - yield or appropriate unit of value

Comments (including any special conditions or

circumstances)

Discuss the relevance and application of each

sale which indicates a cap. rate

Considered range applicable to this property

5.4.2

Current/Most recent sale of the subject

property - movement since

Asking prices (including subject property)

Offers (including for subject)

Evidence of market movement - recent and

long term trend line.

5.4.3

5.4.4

5.4.5

Property Rentals
o

General summary of rental levels, or

When detail readily available and public

knowledge:

Premises

Area occupied

Use permitted

Car spaces if included

Lessee/occupant

Term

Commenced

Expiry

Option(s)

Review method & frequency

1 4 . 3 . 14

Rates of Return

Developer s Profit
o

Where available, provide analysed market

evidence of developer s profit

Where analysed evidence is not available,

provide indication of profit expectation

Vacancy Rates
o

Historical and current vacancy rate for the

subject property

Historical and current vacancy rate in this

market segment

Vacancy rate trend.

6.0 Assessm ents

6.1

Valuation Approaches

Indicate which methods of valuation adopted and why

6.1.1

Sales Comparison Approach

o

Brief explanation of what the approach does

Compare sales with subject property making

appropriate adjustments for differences in
the property itself and for such factors as
movement in the market and in circumstances
of sale, or alternatively

AN Z VA LUAT I ON A ND P ROPE R T Y STAN DARDS

B US I N E S S F OC US 2

o
6.1.2

Deduce rates per unit of comparison (m2,

unit/flat, hectare etc) and apply to the subject
property.
Indicate value or value range indicated

Capitalisation Approach
Brief explanation of what the approach does

Set out the approach, which could be along

the following lines (adjusted as necessary)
and include reference to section of report the
figure used was derived from
(section 6.1.2) $

Plus Recoveries

(section 6.1.2) $

Gross Rental

(section 6.1.2) $
(section x.x.x) $

Capitalised (section x.x.x)

6.2

Goodwill

Licence

$
$

Hypothetical Development/Residual Value

Analysis
o

Brief explanation of what the approach does

Set out the approach as appropriate to the

particular exercise

Financial Modelling/Discounted Cash Flow

o

Brief explanation of what the approach does

Set out the approach as appropriate

Assessment(s)

@%=$
@%=$
@%=$

Explain market sensitivity - value is most

probable selling price within a range

Insert value definition as appropriate:

Market Value

Alternate use value

Value as if complete/Value on completion

Rental value etc

Reconcile the approaches adopted

Indicate why any of the usual methods may

not have been used

Set out the value(s) adopted

Adjustments

(section 6.1.2) $

Where major expenditure required to

achieve adopted rental level
Less Significant
R&M

(section 6.1.2) $

Cost to Convert

(section 6.1.2) $

7.0 Project feasibility

(evaluation)

Where vacant or valued on vacant

possession basis
Less Loss of Rent

(section6.1.2) $

Leasing Fees

(section 6.1.2) $

Indicated Value Range

6.1.3

6.1.5

Net Rental

Plus Excess land

Holding Costs & Entrepreneurial Profit

6.1.4

Rental Income

Outgoings

Indicated Value

Less Vacancy

Other Improvements

7.1

Summation Approach

7.2

Brief explanation of what the approach does

Set out the approach, which could be along

the following lines (adjusted as necessary)
and include reference to section of report the
figure used was derived from

Feasibility Study (Project Evaluation)

Refer Real Property Guidance Note 5
[ANZRPGN 5]

Sensitivity Analysis
o

Refer Real Property Guidance Note 5

[ANZRPGN 5]

As applicable:
Land

Main Structure

R EP O R TS , C ONTEN T AND COMPI L AT I ON

14.3 .
15

B US I N E S S F OC US 2

8.0

Issues

In this Section, identify and explain the relevance of the

issues (under the following headings as relevant) that
impact on the needs and objectives of the client or the
purpose of the report.

8.1

Subject Property

8.2

Project

8.3

Neighbouring Properties and

Neighbourhood

8.4

Market

8.5

Assessments

8.6

Feasibility

9.0

Risk analy sis

9.1

The Property/Project, The Market and

Trends

Annexures
o

Include as necessary to support and enhance

report.

10.0 Strategy (if relevant)

10.1

Alternatives
o

List

11.0 Recom m endations

(if relevant)
o

1 4 . 3 . 16

List

AN Z VA LUAT I ON A ND P ROPE R T Y STAN DARDS

14. 4

B US I N E S S F OC US 3

P R O P ERTY A CTIO N P L A NS
1.0 Introd uction
1.1

Purpose
The purpose of this Business Focus element is
to explain the role of the Member in providing
Property Action Planning services to clients.

1.2

2.0 Establishing the client s

needs and objectives
2.1

It is fundamental to develop from the outset a

clear understanding of the client s specific needs
and objectives. Assuming the initial consultation
is in person, this will involve listening to what the
client has to say and asking appropriate questions.
This will be particularly necessary where the client
is a new client or is unsure as to what is required.
This process should extend beyond the actual issue
to establish the context in which the consultancy
is to be carried out. While it may involve
developing some understanding of the client s
financial arrangements, it should not attempt to
supplant the role of a financial planner. A basic
understanding of other property assets and longer
term objectives of the client will be important in
many instances. Other circumstances may need to
be considered. The property action plan needs to
suit this particular client as well as the property.

Scope of this Business Focus Element

This Business Focus element applies to Members
providing Property Action Planning services to
clients covering any opportunity, threat or problem
associated with property.

1.3

Definition
Property Action Planning is the provision of
suitable and adequate information and sound
advice in response to the needs and objectives
of a client relevant to any opportunity, threat or
problem associated with property.

1.4

A Form of Consultancy
Property Action Planning is a form of consultancy
which enables Property Professionals to focus
their property and market knowledge, apply
their research, analytical and technical skills
and use balanced judgement in providing
sound advice in r
roperty
opportunities, threats and problems. It may
relate to purchase or sale of real estate, the
development or redevelopment potential of
property, or financial management and property
planning activities. It can include involvement
in purchase and marketing strategies, security risk
analysis and risk minimisation, performance
analysis and improvement, negotiation and expert
representation, project feasibility and sensitivity
analysis, potential identification and re-zoning.
The range of Property Action Planning consultancy
services which Members can offer is very broad
given the dynamics of property and their ability
to tailor services to a client s particular needs and
objectives. Annexed to this Business Focus element
is a list of some Property Action Planning scenarios.

P R OPE R T Y A CTI ON P LANS

Develop a Clear Understanding

It is an action plan for the client, not just for the

property.

2.2

Confirm in Writing
At the initial consultation, as much information as
possible should be taken down at the time in note
form. When it appears that the subject has been
well covered, summarise the position with the
client to ensure you clearly understand his needs
and objectives. It would be beneficial to confirm
this in writing for the client as well as indicating
what plan of action you propose, what type of
report you consider appropriate and the basis of
your fee. Provide an extra copy of this letter for the
client to sign and return as acknowledgment.

2.3

Personal Consultation
If initial instructions are r
should arrange an initial personal consultation
or if not practical, make verbal contact with the
client to help personalise the relationship and
open up lines of communication. Any additional
information obtained should be noted on file and
where appropriate confirmed in writing along with
the other matters as referred to above.

14.4 .1

B US I N E S S F OC US 3

2.4

the client knows the property well and is primarily

interested in development alternatives, planning
and timing, then the report on his Property Action
Plan should not need a detailed description of the
property. It would however, be prudent to include
a statement to the ef
roperty is
understood to be well known to the client and
for the purpose of the plan is not considered to
warrant detailed description, but rather is briefly

The Importance of Communication

Consultancy will often require frequent
communication with the client especially if the
task is complex, has many phases, involves other
experts or involves a development project. If
the task will take some weeks or months, it is
important to keep your client informed of progress
even if no problems are being encountered or you
need no additional information from your client.
A brief letter every one or two weeks just to let
the client know that the Property Action Plan is
progressing will do much for the client s peace of
mind and your reputation. Of course, it may also
be wise to schedule further meetings especially
where alternatives need to be considered before
progressing the plan.

2.5

Obtaining and Relying on Other

Experts Reports
Where it is considered that other expert s reports
are necessary, you should obtain your client s
written approval and an undertaking on payment
of the fee (or a confirmation letter signed by the
client). You should explain to your client that you
will rely on the information provided in arriving
at any assessments or recommendations in your
Property Action Plan.

2.6

where only brief or limited detail is provided,

some comment should be made as to why this
amount was considered adequate.) The report
could be expected to be detailed in relation to the
specific issues important to the client s needs and
objectives. In the above instance, development
alternatives, planning and timing and any related
assessments, feasibility studies and sensitivity
analyses would be detailed. With detailed reports,
it is beneficial to provide a very good summary
which would probably run to between two and
five pages. It should give your client a good
overview of the main aspects of the report and
the Property Action Plan. As a guide, it should
be capable of almost standing on its own as a
Summary or Short-form Style Report.

3.3

Where specifically required by a client, a summary

style report can be provided. This could take the
form of the first two sections of a detailed report
(i.e. summary and client detail) but without a table
of contents. In such cases it is recommended that
the client section include note of this limitation.
This could be to the ef
We are instructed
to provide a Report Summary only which we
are informed is adequate for our client s current
requirements. A comprehensive report can be
obtained if further and better particulars are
subsequently requir

An Opportunity to Extend Your Service

At times you may be contacted to simply provide a
valuation report, however as you communicate
with the client, you may find that the need may
actually be for a Property Action Plan. Many clients
may not realise just how much assistance you can
provide. By letting them know you can increase the
benefits you provide and your relevance to them.

3.0 Content of Property Action

Plans
3.1

What Issues to Address

Property Action Planning covers a very broad range
of property-related issues addr
and objectives. The possible issues to address will
therefore be numerous, but by focussing on the
subject, the purpose and the client, you will be
able to decide what issues to address.

3.2

Detailed Report
More often than not, the overall report will be
detailed. That is not to say that all sections of the
report will need to be detailed. For example, if

14.4 .2

Summary Style Report

3.4

Checklist
Annexed to this Business Focus element is a short
checklist of headings which may be useful as
a prompter in the initial consultation. You can
use it to decide what the Property Action Plan
report will include and the order in which points
will appear. In Business Focus 2 [BF 2], there is a
Report Compilation Prompter which has a series
of dot points as content prompters for each report
heading and sub-heading. By no means is the list
intended to be exhaustive nor is it intended that
you would need to address every point under
any selected heading. Use it to help you decide

AN Z VA LUAT I ON A ND P ROPE R T Y STAN DARDS

B US I N E S S F OC US 3

(or remember) what points to address under the

headings you select. You decide the order as well.

3.5

Valuation Techniques Applicable but

Not Always Required
Consultancy and Property Action Planning is not
divorced from property valuation. Most, if not all
of the techniques used in valuation studies are also
applicable to the analyses performed in consulting
and Property Action Planning. However a Property
Action Plan may not require any valuation, or
it may use one or more valuations as part of a
broader analysis.

3.6

Maintain Objectivity and Support

Findings
Although the tools common to valuation and
consulting may be used differently in each Property
Action Planning assignment, Members should at all
times maintain their objectivity and support their
findings with facts extracted from competently
conducted research. By their nature, Property
Action Planning assignments are often more
subjective than valuation assignments. Therefore,
a Member undertaking a Property Action Planning
Assignment should identify and evaluate both facts
and judgments and then relate findings to the
financial decisions under consideration.

o Property Investment Analysis, Assessment and

Recommendations
o Property Aggregation Potential and Strategy
o Property Dis-Aggregation to Optimise or Expedite
Realisation
o Investment Opportunity Identification and Portfolio
Suitability
o Property Portfolio Performance and Composition
Review
o Comparative Investment Property Yields and Income
Volatility
o Development Alternatives, Planning and Timing
o Re-Development Profit Potential and Risk
o Extension and Refurbishment Cost-Benefit Analysis
o Changing Technology and Regulations Impact
Assessment
o Change of Use Potential and Process
o Re-zoning to a more Profitable or Beneficial Use
o Development Consent to Enhance Marketability or
Undertake Project
o Highest and Best Use Potential Identification and
Capitalisation
o Project Feasibility, Timing and Finance
o Security Risk Analysis, Risk Minimisation and Equity
Outlook
o Equity Recovery Maximisation Strategy

4.0 Property Action Plan

Workshop s
If you are interested in diversifying your practice
by providing this type of service, you may do so as
soon as you like. If you wish to be able to use the
report formats developed by the Institute, you will
need to attend a workshop. This will give you a
better understanding of how to provide the service
and how to promote it. Contact your divisional
office for details of the next workshops nearest to
you.

o Purchase and Development Funding to Leverage into

Opportunities
o Operating Cost Reduction to Improve Return and Add
Value
o Holding Cost Minimisation Pending Opportunity
Capitalisation
o Specialised Trading Property and Business Opportunity
Analysis
o Improving Tenancy Mix to Secure Income and Increase
Value
o Public Authority Acquisition Compensation
Maximisation

Annexure 1
Property Action Plans

o Property Partition to Resolve Partnership Problems

A Property Action Plan is tailored to a client s situation and

objectives. It may cover one, or a combination of several,
of the following property action plan scenarios involving
property, development and construction projects,
investments and markets.

o Dispute, Tribunal Hearing or Litigation Expert Evidence

Presentation

o Sale Price Maximisation and Marketing Strategies

o Purchase Price and Purchase Risk Minimisation

P R OPE R T Y A CTI ON P LANS

o Lease Terms and Conditions Advice, Assessment and

Negotiation

o Insurance Adequacy Advising and Assessment

The range of potential services Members of the API can
offer is broad given the dynamics of property and their
ability to tailor services to a client s particular needs and
objectives.

14.4 .3

B US I N E S S F OC US 3

Property Action Plan

Prepared by a Member of the API for

OWNERS

BUYERS

Sale
Development Analysis
Performance Optimisation

Purchase
Investment Analysis
Opportunity Identification

Property Action Plans provide relevant, concise and

timely advice to meet the needs and objectives of a Client.

Broad Vision, Balanced Judgement and Sound Advice

Property Action Plans identify and analyse propertyspecific Strengths, Weaknesses, Opportunities and
Threats. A Report sets out recommended client actions
to enhance and capitalise on property strengths and
opportunities and to minimise and reduce weaknesses
and threats. It may also identify areas of uncertainty or
concern, recommending specialists reports or production
of documents prior to, or as a condition of, any binding
agreements. Where warranted, the report also provides
appropriate assessments of Market Value or rent.
A Property Action Plan can address such issues as:
o

Marketing Strategy

Purchasing Strategy

Market Analysis

Risk Minimisation

Property Suitability

Specialists Reports

Highest and Best Use

Operating Cost Reduction

Tenancy Mix

Yield Analysis

Holding Cost Minimisation

Profit Analysis

Income Volatility

Development Options

Timing

Insurance Adequacy

Development Consent

Change of Use

Cost-Benefit Analysis

Sensitivity Analysis

Re-zoning

14.4 .4

Members of the API look objectively at individual

properties or portfolios, initial concepts or developmentapproved projects. They research and analyse market data
and dynamics, bringing broad vision, balanced judgement
and sound advice to your Property Action Plan.
Maximise Profit and Returns
Reduce Risks and Expenditure
Capitalise on Opportunities
Consult a Member of the API for your Property Action
Plan

AN Z VA LUAT I ON A ND P ROPE R T Y STAN DARDS

14. 5

B US I N E S S F OC US 4

CP D R EQ UIR EM ENTS , A CTIV ITY

P L A NNE R & R ECO R D E R
1.0 Continuing Professional
Developm ent (CPD)
Defined:
Continuing Professional Development is the
participation in ongoing education to improve
knowledge/skills and develop the personal qualities
necessary for the performance of technical,
managerial and administrative duties throughout a
professional person s career.

2.0 Making CPD w ork for y ou

Recent years have seen many client-driven changes
in the services offered by Property Professionals.
Through CPD Members can be certain that they
will continue to keep abreast of the knowledge
and skills required to successfully compete in an
increasingly dynamic and challenging environment.
CPD is essential in ensuring that all Members
of the API and PINZ maintain a high standard of
professionalism. Furthermore a high level of
professionalism ensures that clients, employers, the
public, government, other professions and relevant
parties recognise the Members of the API and PINZ
as the premier property professionals in Australia.
Therefore CPD is not about collecting points, it is
about:
-

Assess your current levels of competence

in these ar

Determine the competence levels you want to

achieve by the end of the year

What CPD will you need to undertake

What evidence will show that you have

achieved your goals.

4.0 Levels of com petence

Expert
Acknowledged by others as an authority in the
area (subject)

Skilled
Able to work in the area/use the skills; occasional
reference to information is necessary

Competent
Able to work in this area/use the skills; regular
reference to further information is necessary

Familiar
Some knowledge/skills in the area; requires
additional training as well as regular reference to
information

Continuing learning throughout your

professional life

No knowledge/skills

Professional maintaining knowledge and skills

relevantto your work

No knowledge/skills in the subject; requires full

training

Development progressing your business, your

career and your personal development

3.0 Take stock and p lan

Use the Planner in this document to determine:
o

Where are you going professionally

Where do you want to be in one year s time

What additional knowledge and skills you will

need

CPD REQUIREMENTS, ACTIVITY PLANNER & RECORDER

5.0 Mem bers choose CPD

activities
Each Member can choose the CPD activities from
the list below that he/she wishes to undertake.
However, a maximum of 10 CPD points (hours)
per year will be recognised for on-the-job learning
from performing additional/new vocational/
professional functions and/or private planned
study, i.e., a Member can obtain a maximum of
10 points from private planned study and no

14.5.1

B US I N E S S F OC US 4

points from learning on-the-job or vice versa or a

Member can obtain a maximum of 10 points
from a combination of private planned study and
learning on-the-job.

6.0 CPD Requirem ents

o

CPD is compulsory for all Members who are

Graduates, Provisional Members, Associates,
Fellows and Life Fellows. Students are not
required to undertake CPD since they are
already involved in substantial study periods.
Non-practising and retired Members are only
exempt from CPD if they have formally
transferred to non-practising or retired status
with the API.
Members must achieve 20 points per calendar
year of which at least 10 points must be from
Property topics

Each Member assesses whether or not a given

topic qualifies for CPD

One hour of CPD gives one point

A maximum of 10 CPD points can be carried

over from one year to the next however,
Members must obtain a minimum of 10
points per year from Property topics
Property topics cover all areas related to
property and can include such areas as the
global and Australian economies; foreign
language study to service overseas clients;
and the study of trends in a particular industry
such as cotton if providing valuation or
property advice to people engaged in the
cotton industry.
If in doubt about whether a topic qualifies
as a property topic, Members should contact
their Divisional office for confirmation.

14.5.2

Members who have transferred to the nonpractising affiliate class must obtain 20 CPD
points prior to their transfer back to their
former membership class. They will also be
required to complete CPD points for the year
of return on a pro-rata basis.

New Members or Members transferring from

affiliate membership part way through the
year are required to complete CPD points on a
pro-rata basis.

Members resident overseas may gain 20 CPD

points per year from private planned study.

7.0 RECOGNISED CPD

ACTIVITIES
Section 1 of the CPD Record
o

attendance at seminars, conferences,

workshops, field days, modules as well
as breakfasts, luncheons or dinners with
keynote speakers on business/property topics
conducted by

API/PINZ including Study/Discussion Groups

other professional associations

industry bodies

tertiary institutions

employers

other relevant course providers

preparation and presentation of papers

(one point per hour for both) to API/PINZ,
other professional, educational or in-house
functions

authorship of published articles and/or text

books or books (one point per hour)

membership of committees examining

technical/professional issues

membership of an administrative committee

of API/PINZ (maximum 2 points p.a.)

formal individual study provided by distance

education courses, programmed learning
units, audio and video tapes

formal study in Property or Business/

Personal Skills resulting in an award such as a
certificate or degree

Section 2 of the CPD Record

o

private planned study in areas relevant to the

Property professions

Section 3 of the CPD Record

o

Additional/New Vocational/Professional
Functions
These functions refer to situations where
learning takes place on-the-job by performing
the function. Undertaking the functions
either requires the gaining of new knowledge
and/or skills or the improvement of existing
knowledge and/or skills.
Examples where the undertaking of
additional/new vocational/professional
functions can occur include:

AN Z VA LUAT I ON A ND P ROPE R T Y STAN DARDS

B US I N E S S F OC US 4

managing the introduction of change (new

computer systems, introduction of quality
assurance procedures)

merging with/acquiring a practice/starting

your own practice

being seconded to another organisation/

being seconded or transferred to another
department (part) of the organisation

changed existing job description or new

position within same department.

8.0 Annual CPD Minim um

15% Random Audit of CPD
Record s
o

A Minimum 15% of Members required to

undertake CPD are randomly selected for the
audit.

IN SUMMARY, the CPD record contains 3 sections:

Section 1 - record seminars, conferences, in-house
training, workshops, modules, papers etc
Section 2 - record private planned study
Section 3 - record learning on-the-job from additional/new
vocational/professional functions
To obtain a CPD Certificate of Compliance you are required
to complete the relevant sections, total your CPD points,
sign and forward your CPD Record to your Divisional Office
in Australia or National Office in New Zealand.

CP D RE QU I REMENTS , A CTIV IT Y PLANNE R & REC ORDE R

14.5.3

New knowledge/skills required or

which need updating

Example
Cash flow analysis using computers
API DCF Practice Standard

Competence Level
See table of page 2
Current Desired
Familiar

Competent

Strategies for improving knowledge/skills

CPD Hours

Computer course from API or other provider

Private Study on API DCF Practice Standard
Using cash flows on-the-job

10
3
7

Possible sources of evidence

of improvement

Passing course assessment

Acceptance of cash flow analysis by
employer/client

B US I N E S S F OC US 4

14.5.4

A P I/P INZ CP D P L A NNE R

AN Z VA LUAT I ON A ND P ROPE R T Y STAN DAR DS

CP D RE QU I REMENTS , A CTIV IT Y PLANNE R & REC ORDE R

A N N U A L A P I /P I N Z C P D R E C O R D

(for the period 1 January to 31 December 2007)

Name: ...............................................................................................................................................................................................................................................................................
First Names

Surname

Address: ...........................................................................................................................................................................................................................................................................
Employer: ......................................................................................................................... Tel (Work) .......................................................... Fax (Work) .................................................
Please tick if you wish to receive a CPD Certificate of Compliance

You must complete the following two questions:

Please tick this box if you have completed a valuation during this CPD reporting period (i.e. 1 January to 31 December 2007)
Please state the last time you completed an API approved Risk Management Module ............ / ............
Month

OR

Never

Year

Section One
Date

CPD Activity (eg seminar, conference, workshop, course, tape, technical

committee, prepared and presented paper) / Topic / Presenter

CPD Activity Provider

(eg API, RMIT, Qld Govt)

CPD Hours

CPD Points (1 point per hour)

Property
Eg. 20/3/07

Valuation of Specialised Asset Classes --- Service Stations

API -VIC

B US I N E S S F OC US 4

14.5.5

Subtotal

Non Property

(for the period 1 January to 31 December 2007)

Section 2 - Private Planned Study Completed During 2007

Topics Studied

Name of Publication

Author(s)

Publisher

CPD Hours

CPD Points (1 point per hour)

Property

eg. Easements

Easements --- Law & Valuation

Webster, Watkins, Holland

API (Seminar paper)

Non Property
-

Subtotal

Section 3 - Additional / New Vocational / Professional Functions Undertaken in 2007

AN Z VA LUAT I ON A ND P ROPE R T Y STAN DAR DS

Additional /
New Function(s)
Performed

Knowledge/Skills gained or updated

from learning on-the-job

eg. Marketing

Knowledge of marketing strategies for

small professional practice

Competence Level
2006 Year
End 2007
Familiar

Note: Maximum of 10 points is recognised for Section 2 plus Section 3

Skilled

Evidence of Improvement

Developed & implemented

marketing plan for small
professional practice

Subtotal
Total 2007 CPD Points
2006 Points Carried Forward

Signature ............................................... Date ..............................................

Total CPD points

CPD Hours

CPD Points (1 point per hour)

Property

Non Property

B US I N E S S F OC US 4

14.5.6

2 0 0 7 A N N U A L A P I /P I N Z C P D R E C O R D

C L I E N T F OC US

15. 1
CL IENT FO CUS
Pur pose

Exp ansio n

The purpose of the Client Focus section is to provide an

outline of services available from Members. It also includes
tools to assist clients in instructing Members. Additionally
it provides advice on feedback to Members and the
Institute.

This Client Focus section will be expanded in the future to

provide gr
services especially as the era of electronic commerce
develops. If clients would like to see anything in particular
developed to assist them in dealing with Institute
Members, the Institutes would be pleased to discuss
requirements.

Benefit Clients, Benefit

Mem b ers
While it might be said (and rightly so) that the Institute s
clients ar
some instances their service providers) could be seen as
de-facto clients of the Institute. Therefore, anything that

The Institutes trusts that the Manual, and this Client Focus
section in particular

Want to Know More?

Visit the API s Institute s web site at: [Link] and/
or the PINZ web site at: [Link]

should also benefit Members.

The Valuation and Property

Standards Manual for the
Benefit of Clients
The Manual is intended both for Members and their clients
and interested third parties. It will give them a better
understanding of the property profession and what can be
expected of Members of the Australian Property Institute
and the Property Institute of New Zealand. At the same
time it will give Members a clearer focus as to what level
of professional performance they should be providing to
clients.

Client Need s
The main reason for being in business is to serve and
benefit a client. Normally, benefits come to clients from
roblems. This requires an understanding
reness that those needs are
frequently changing. The Australian Property Institute and
the Property Institute of New Zealand have strengthened
roups and will assist their
Members in the pr
roperty-related
problems. Sometimes this will require direct dealings by
the API or PINZ at high level in client organisations. The API
and PINZ welcomes direct contact from clients at this level.

CL IENT FOCUS

15.1.1

THI S PA G E I S I N TE N TI ON A L LY L E F T B L A N K

15.1.2

AN Z VA LUAT I ON A ND P ROPE R T Y STAN DARDS

C L I E N T F OC US 1

15. 2

TY P ES O F S ERV ICES P R O V ID ED BY
API & PINZ MEMBERS
1.0 Introd uction
1.1

Purpose
The purpose of this Client Focus element is to
inform existing and potential clients of API & PINZ
Members of the broad range of services Members
can provide.

1.2

1.3

Many Different Capacities

Property managers

Litigation specialists

Legal practitioners (dual qualifications)

And within each of these capacities you could find

Members who specialise in a particular type of
property and/or activity. For example, a property
developer may specialise in inner city commercial
developments or residential land subdivision; a
property manager may specialise in shopping
centres; a valuer may specialise in hotel or motel
valuation or in property acquisition or specialise in
certain plant and machinery valuation.

Property is Diverse
It is easy to think of property as real estate alone,
yet there are many different classes of property.
Property in a broad sense is anything which can
be owned or in which an interest can be held,
over which some control can be exercised, which
can be traded or left in an estate or from which
current or future rights to receive benefits can
be held. Property can include, but is not limited to,
real estate and associated interests therein,
personal property, intellectual property, rights,
licences and options, plant and machinery, art and
jewellery, goodwill and shares. While the majority
of Member activities are related to real estate and
plant and machinery, the other areas are attracting
some specialist focus.

1.4

Many Different Services

Many Members have extensive and varied
experience in property. This enables them to
perform a wide range of tasks on different types
of property for varying purposes. You will find
Members of the API & PINZ who can provide:
o

Property and Advisory Services (see Business

Focus 3 --- Property Action Plans)

Valuations and Feasibility Studies

Sales, Acquisitions and Leasing

Members of the API & PINZ are involved with

property in many different capacities in both the
private and public sectors. You will find API & PINZ
Members who are:

Investment Analysis, Corporate Advisory and

Research

Property and Asset Management

Property Funds Management

Investment trust managers

Development and Project Management

Rural property brokers

Plant and Machinery Valuations

Property developers

Business brokers

Property finance consultants

Valuers (real estate and/or plant and

machinery)

Property researchers

API & PINZ Members are skilled, knowledgeable

and experienced to identify and capitalise on
opportunities, deal with threats and facilitate
solutions to property problems. No matter what
type of property, no matter what your purpose,
needs or objectives, you will find a Member of the
API or PINZ who will be able to assist you.

Asset managers

Sales and leasing negotiators

Portfolio managers

T YPE S OF SE RVICES P ROVIDED BY AP I & PINZ MEM BERS

15.2.1

THI S PA G E I S I N TE N TI ON A L LY L E F T B L A N K

15.2.2

AN Z VA LUAT I ON A ND P ROPE R T Y STAN DARDS

15. 3

C L I E N T F OC US 2

I N S T R U C T I N G VA L U E R S
A Guide for the
Mortgage Industr y
This Element of Client Focus is divided into
two parts:
o

Part A --- Instructions and Supporting

Documentation (what you should provide
when instructing)

Part B --- Report Content (what valuers

should provide in their reports)

plus Annexures:
o

1 --- Model Standing Instructions (part of

terms of engagement)

2 --- Model Instruction Proforma

(individual valuation instruction)

I N S T R U C T I N G VA L U E R S

15.3 .1

THI S PA G E I S I N TE N TI ON A L LY L E F T B L A N K

15.3.2

AN Z VA LUAT I ON A ND P ROPE R T Y STAN DARDS

C L I E N T F OC US 2

PA R T A --- I N S T R U C T I O N S A N D
S U P P O R T I N G D O C U M E N TAT I O N
1.0 Introd uction
1.1

Purpose
The purpose of this Client Focus element is to
provide clients in the mortgage industry who
are involved in instructing Valuers, with an
understanding of what information should be
supplied when ordering a valuation. It also
provides an understanding of what information
could be expected to be included in the Valuer s
report.

1.2

1.5

Valuers should be encouraged to view, enquire,

analyse and report. This will only occur if there is a
clear understanding between lenders and Valuers
of their respective areas of responsibility in relation
to the lending and valuation process and of the
Valuer s right to disclaim or limit liability for matters
outside the Valuer s area of expertise.

1.6

Scope

1.4

the estimated amount for which an asset

should exchange on the date of valuation
between a willing buyer and a willing seller
marketing wherein the parties had each
acted knowledgeably, prudently, and without
compulsion .

Expert and Impartial Report

For mortgage purposes, a Valuer provides an
expert and impartial report on the property,
highlighting the security risks associated while
incorporating an estimate of the Market Value of
a property. Valuers also assess, classify and reflect
the separate influences that create, maintain
or diminish value. Instructions to Valuers are an
essential part of the process of obtaining a report
that meets a lender s requirements and which
addresses all the relevant issues.

Seek Further Advice In Areas Outside

Valuer s Expertise
There are many areas in which Valuers do not claim
to be experts. These include, for example,
contamination matters, land surveys and legal
interpretation of titles. Valuers will, however, if
properly instructed report within the extent of their
expertise, on the understanding that lenders will
seek further advice where necessary on matters
outside the Valuer s area of expertise.

Market Value
The Australian Property Institute and Property
Institute of New Zealand have adopted the
International Valuation Standards Committee
definition of Market Value:

The information contained in this element is for

the understanding and benefit of clients in the
mortgage industry who instruct Valuers or rely
on their reports. This document may also be used
by Valuers to assist in the service they provide to
clients.

1.3

Responsibility and Disclaim or Limit

Liability

Asset includes property.

[Def. Market Value ]
It is considered that the definition paraphrases the
elements of Market Value as defined in Spencer
v The Commonwealth and it is intended that it
includes the essential elements of that definition.

1.7

Alternative Value
When preparing mortgage valuations, valuers
should exercise caution in understanding
valuations based on the doctrine of continuation
of the existing use where that used is a specialised
use which is not regularly traded in the market
place (i.e it can not be supported by a body of
market transaction sales evidence).
In circumstances where a valuation is to be relied
on for mortgage purposes of a property which is
not regularly traded in the marketplace, a valuation
on the basis of highest and best alternative use as
zoned should be undertaken for mortgage fund
advancement purposes. In other words, in the
even that the specialised use which is not regularly

I NSTRU CTIN G VAL UER S - PA R T A --- INSTR UCTI ON S AND SUPP O R TIN G DOCUMEN TATI O N

15.3 .3

C L I E N T F OC US 2

traded in the market place were to cease, a

mortgagee in possession would most likely sell the
property based on its highest and best alternative
use as zoned.

existing loans, mortgage sale advice or other

purpose.

The definition of alternative use value is one in the

same as market value, however ignoring the
existing use and adopting the highest and best use
of the property under the existing zoning, town
planning and development constraints.

1.8

General Purpose Instructions

These model instructions are for general purpose
properties including commercial, industrial, retail,
residential and other urban properties.

1.9

2.0 Instructions to the Valuer

The interest to be valued, ie. freehold --- fee

fee simple; leasehold --- lessor or lessee s
interest; fractional freehold --- partial interest.

The nature of the property - owner occupied

or subject to tenancy.

The date of valuation will be the date of

inspection (unless requested otherwise).

That the valuation should be in accordance

with appropriate API & PINZ Practice
Standards and Guidance Notes.

Any additional matters which the valuation

should address.

The basis of and responsibility for the Valuer s

fee if not already agreed.

Details for access and contacts for information

and supporting documentation.

Requirements in relation to supporting

documentation.

Letter of Instruction to the Valuer

A letter of instruction to the Valuer should state
the Mortgagee s requirements and provide
information to the Valuer in order to assist in
the valuation. The information provided can
reduce the time taken to complete the valuation,
and, more importantly, provide the Valuer with
information necessary to provide sound advice to
the potential mortgagee. Set out hereunder, are
the key elements of the letter of instruction, and
the supporting documentation which, if available,
should be provided. With specialised properties,
such as hotels, motels and similar trading
concerns, trading figures constitute essential
information.

2.2

The basis of the valuation will be Market

Value (unless requested otherwise).

Going Concern
A valuation of a property and business trading as
a going concern may require the use of further
headings, information and documents.

2.1

2.3

If there are difficulties in determining the basis of

the valuation, advice should be sought from the
Valuer. The Valuer s fee should be negotiated and
paid by the instructing party, not the borrower. In
New Zealand it remains common practice for the
borrower to issue instructions and pay the fee.

2.4

15.3 .4

The instructing party and/or,

The party or parties to whom the valuation is

to be addressed.

The use to which the valuation will be put, ie.

mortgage lending, provisioning decisions on

Frequent Instructions warrant Standing

Instructions
Where instructions are issued frequently to the
same valuer or firm, it may be appropriate to
incorporate terms of engagement into a set of
Standing Instructions. As firms often have many
clients, there is therefore the likelihood of multiple
sets of instructions.. The Institute therefore

Form and Content

Instructions to a Valuer should issue from the
Mortgagee or its representative, not the borrower.
In New Zealand it remains common practice for
instructions to be issued by either the borrower
or mortgage broker. They should be in writing (or
confirmed in writing if verbal initially) and should
clearly specify:

Fee Paid by Instructor not Borrower

re provided for you as

Annexure 1 to this element.

2.5

Instruction Pro-forma
Where instructions issue frequently and are of
a consistent nature, it may be expedient to use a
pro-forma. A Model Instruction Pro-forma is
provided as Annexure 2 to this element and may
be used or adapted for your use. The API will

AN Z VA LUAT I ON A ND P ROPE R T Y STAN DARDS

C L I E N T F OC US 2

forward the layout by E-Mail or on disc should you

wish, email national@[Link]

certificate is available it should be provided to the

Valuer. The Valuer should be requested to indicate
the source of town planning inquiries and to
comment on the current use of the property in
relation to the zoning.

3.0 Supporting
Docum entation
3.5
3.1

Supporting Documentation
The Valuer will review a number of documents
in his investigations and is required to consider
all matters affecting the value of the proposed
security. Delays in completing a valuation are
sometimes caused by the failure to provide all
relevant details. The following discussion on
individual documents should assist in determining
those which should be available and provided
with the letter of instruction. Information and
documentation provided by the borrower to the
Instructor should be identified as such by the
Instructor when forwarding this to the Valuer, with
where appropriate, an indication as to whether
the Valuer should rely on the information or
documentation or make further inquiries.

3.2

3.3

3.6

Town Planning
Obtaining a zoning certificate is time consuming
and costly and often an excessive requirement
for valuation purposes. The Valuer may make
independent investigations but should qualify
the valuation appropriately. If a current zoning

Building Plans & Specifications

Where a proposed or recently completed building
or development is involved, detailed building plans
and specifications if available, or schematic plans
to scale, are of great assistance to the Valuer, and
should preferably be a council-approved copy.

3.7

Tenancy Details
In most circumstances, depending on the nature of
a valuation, the Valuer should not be requested or
encouraged to rely solely on a tenancy schedule.
The Valuer will usually need access to all lease
documents and any supporting documents or
collateral agreements of which the lender is aware.
If only one or two leases exist, copies should be
provided otherwise arrangements should be made
for all leases and associated documentation to be
available in one location for detailed analysis by
the Valuer. A vacancy history should be provided.
The Valuer may require the owner s consent to
verify some lease details with tenants. Any tenancy
which is not at arms length from the owner of the
property should be identified to the Valuer.

Encumbrances
The Instructor should provide all details within
its knowledge on matters affecting the title, for
example, details of encumbrances, restrictions
or encroachments. It is the Instructor s and/
or solicitor s responsibility to confirm title
information, encumbrances and restrictions set
out in the Valuer s report and any divergence
should be referred to the Valuer for comment and
amendment of the valuation if necessary.

3.4

Unless construction is obviously not in accordance

with building regulations and other ordinances,
the Valuer is likely to qualify the valuation to
the effect that it is assumed that a Certificate of
Compliance is available. Lending institutions may
delay advancing funds until the certificate is
obtained. It is important, therefore, for intending
mortgagees to determine and advise the extent
of documentation required. The borrower may be
requested to provide information on compliance in
some cases.

Certificate of Title Folio Identifier

Survey
It is highly preferable that a current title search is
considered by the Valuer and commented upon.
Should a current search be available, it should be
provided by the Instructor. If this is not available,
the correct title description including Lot and
Plan number, together with the Folio Identifier or
Certificate of title reference, should be provided.
If a site survey is available this should also be
included.

Certificate of Compliance

3.8

Outgoings
For income producing properties, year-to-date
budgeted outgoings with actual year-to-date
comparisons, are required. If available, actual
outgoings for the previous year and estimated
outgoings for the ensuing year should also be
provided. Any extraordinary items, such as capital
works, should be brought to the attention of the
Valuer.

I NSTRU CTIN G VAL UER S - PA R T A --- INSTR UCTI ON S AND SUPP O R TIN G DOCUMEN TATI O N

15.3 .5

C L I E N T F OC US 2

3.9

CONTAMINATED SITES REGISTER where it

deems it necessary and advise the Valuer of the
results.

Miscellaneous Documents
Documentation on pest control, structural stability
reports, environmental audits, Department of
Main Roads searches, soil surveys, permissive
occupancies, licences, environmental impact
statements, engineering reports on plant and
machinery, should all, if possible, be made
available to the Valuer. It is rare for all these to
be made available, however, if they are, the end
report will give the user more confidence in the
property as a security. If any of these searches is
not provided, the Valuer may qualify the report
appropriately.

3.10 Trading Figures

Where the property and business operates as a
going concern , trading figures must be supplied
or made available. Ideally an audited three year
history of trading figures should be provided.
Insufficient or poorly documented trading figures
are likely to affect the marketability and the
value of the going concern and its suitability as a
security.

3.11 Turnover
Shopping centre leases often contain clauses
where rent is based on turnover. To assist the
Valuer to assess the potential rental growth, a full
history of turnover should be available. Three years
or more is preferable. However, due to changes of
ownership and the constant re-mixing of centres,
the Valuer may only have one or two year s trading
results to consider.

3.13
Where the Valuer is required to value a property

in a completed state as at the date of valuation

and reflects current market conditions), the
Instructor should provide or arrange supporting
documentation for the development. The Valuer
should always be requested to pr
valuation (valuing the property with the project
to its current stage) as well as th
value.

3.14 Report Qualifications

Where a Valuer has been instructed to value a
property subject to certain assumptions
(completion of construction, signing of leases, etc)
the Valuer should qualify the report accordingly. It
is important that the lending officer confirms such
events (in the case of lease signing) or withholds
funds (in the case of construction).

3.15 Verbal Enquiries

Due to time delays in obtaining certain information
(eg. town planning information) the Valuer may
rely on verbal inquiries in these circumstances and
the report should be qualified accordingly.

3.12 Environmental Issues

Where an Instructor has an environmental
assessment report or other environmental
documentation which may affect the value of
the property, this should be provided. Should
the Instructor be aware of any matters which
could affect value, or should they have specific
environmental policy directives for the type of
property, or for the type of industry located on the
property, the Valuer should be advised before the
time of inspection.
The Valuer is not usually able to provide expert
advice on site contamination and this should be
acknowledged by lenders so as to encourage
Valuers to attempt to identify and report on any
possible problems.
The Lender or its solicitor should carry out a
search of the STATE or LOCAL AUTHORITY

15.3 .6

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C L I E N T F OC US 2

PA R T B --- R E P O R T C O N T E N T
4.0 Report Content
4.1

Comply with Institute Standards and

Guidance
The Australian Property Institute and the Property
Institute of New Zealand have developed and
continues to develop Practice Standards and
Guidance Notes as well as Client and Business
Focus sections. These elements, along with
the Code of Ethics and Rules of Conduct are
incorporated in the Valuation and Property
Standards Manual. A lender may elect to simply
instruct that the valuer should comply with, and
give due recognition to, these elements as far as
they apply to the type of property, purpose, issues
and professional conduct in the provision of the
service including the content of the report.

4.2

Valuation Rationale or Approach

Market Review or Summary

Risk Analysis

Valuation

Qualifications and Disclaimers

The degree of detail provided may also be varied

requirements. The Valuer
should consider the property in relation to relevant
Institute Practice Standards and Guidance Notes.
Pro-forma reports may be provided on some
properties. The Australian Property Institute has a
pro-forma report format known as PropertyPro
Residential Valuation and Security Assessment
(with attendant Supporting Memorandum)
specifically for mortgage purposes. Its use is
encouraged where a brief report is required on
individual residential properties.

Report Headings
Alternatively, the Instructor may choose to
indicate to the Valuer what should be included
or emphasised in the valuation report. This may
be done conveniently by the provision of a list of
headings indicating matters to be reported upon.

PropertyPro is not applicable in New Zealand at

this stage.

4.4

Annexures or Report Inclusions Where

Appropriate
The report may be supplemented by annexures:

4.3

Common Report Headings

Location Map

The matters considered by a Valuer will vary

according to the type of property (industrial, retail,
commercial, special purpose, etc) being valued and
the purpose of the valuation. They could include
the following:

Certificate of Title or Folio Identifier

Other Searches

Deposited Plan

Strata/Unit Plan

Valuation Summary

Zoning Certificates (if available)

Introduction

Tenancy Schedule

Land & Title

Sales Evidence* * If not in the body of report.

Location

Rental Evidence*

Site Description & Services

Valuation Calculations*

Town Planning/Resource Management

Any Other Relevant Documentation

Statutory Valuation & Charges

Photographs

Improvements

Authorities/Persons Consulted

Environmental Matters

Comments on the Property

Basis of Valuation

Tenancy Details

I NSTRU CTIN G VAL UER S - PA R T B --- REP O R T C ONTENT

4.5

Report Content
The Valuer should incorporate the headings
required by the Instructor and address points
contained within each heading where such points
are appropriate for consideration. Information

15.3 .7

C L I E N T F OC US 2

4.6

supplied by the Instructor and assumptions

required to be made should be treated as follows:

Information Provided Critically

Appraised

Location

Information provided by a borrower or by any

other party (including the lender) should be
verified by the Valuer as far as possible and
critically appraised.

4.7

Defined Assumptions
If instructions include the requirement to base the
valuation on defined assumptions, the assumptions
should be acknowledged and included in the
Valuer s report.

4.8

Unrealistic or Unusual
Any assumptions or instructions which are either
unrealistic, unusual or abnormal should be drawn
to the attention of the lender and highlighted in
the report. In some circumstances the requirements
of the instructing party may be such that the
instructions should be declined.

4.9

A general description of the location of the

property and its access, the availability and
accessibility of public transport.

Comments on the nature of the surrounding

development and land use.

Proximity to major centres, educational

facilities and retail facilities.

Special features relating to the property such

as views, adjoining developments, recreational
facilities, etc.

Any signs of apparent potential contamination

from surrounding properties.

Site Description and Services

o

Comment on the nature of the site, the

dimensions and area, any positive or negative
features and the siting of any buildings.

Identify the services connected and available

to the property.

Comment on any potential flooding or

landslip problems.

Comment on site accessibility, roads and the

nature of the traffic in the area.

Visually identify any site problems such as

any readily apparent contamination, drainage
problems, obvious encroachments, filled
ground.

Contents
Valuation Summary
A comprehensive style report will usually feature
an executive style summary prior to the body of
the report. As well as capturing the essence of the
report and highlighting any significant risks, it will
usually include a certified valuation.
Introduction
o

The person/party for whom the valuation is

being prepared.

Details of the instructions including any

special conditions and/or assumptions.

Comment on any other relevant factors such as

alternative access, impact on property of adjoining
or neighbouring development.
Town Planning/Resource Management

The date and basis of the valuation.

The purpose for which the valuation is to be

used, e.g. mortgage purposes.

The report should provide details on the

current zoning/planning area.

Comment if the use of the property

constitutes a non-conforming use under the
town planning guidelines and whether the
property has the apparent benefit of existing
use rights.

Land and Title

15.3 .8

Note which leases are registered on title and

also note their expiry dates.

The title reference of the property and the title

description.

The name of the registered proprietor(s).

The identification and reporting of title

encumbrances such as easements, covenants,
rights of carriageway. Comments should be
made on the effect of any such matters under
the valuation section of the report.

Comment on development codes, site ratios,

development guidelines and densities where
appropriate.

The Valuer should inquire, if possible, as

to any intention of Council to amend the
planning scheme and if the property is

AN Z VA LUAT I ON A ND P ROPE R T Y STAN DARDS

C L I E N T F OC US 2

affected by any detrimental or beneficial

planning proposals.

should be reported to the lender if identified

by the Valuer. If necessary the Valuer should
advise the requirement for an environmental
audit before proceeding with the valuation.
Where an adequately detailed environmental
assessment report is available the Valuer
should comment, if possible, on the effect
of the contamination on the value and
marketability of the property.

The Valuer should provide brief details of any

current development consent affecting the
property and any conditions to that consent
affecting the valuation or the proposal.
Statutory Valuation and Charges
o

Provide relevant information regarding

statutory valuations and assessments for
rating and taxing purposes.

A summary comment on the property may

be appropriate especially relating to how they
affect the marketability of the property:

Locational factors both positive and negative.

The overall state of the improvements and

their functionality.

Foreseeable or likely changes to or affecting

the property.

Actual or potential obsolescence factors

affecting the buildings and the property.

Comment on the age and condition of the

improvements including observable building
deterioration and any recent upgrading/
refurbishment works. Emphasise any adverse
structural features.

Observations in relation to statutory

compliances.

Any other features, disadvantages or unusual

features.

Where appropriate the Valuer should

comment on the suitability of the
improvements to the current use of the
property and on any economic or functional
obsolescence factors.

Basis of Valuation

Improvements
o

Comments on the Property

Provide a description of the improvements

including the materials used in construction
and the accommodation provided with, where
appropriate, gross building areas and/or net
lettable areas. It may be necessary to define
these terms.
Comment on any detrimental features or
unusual matters and the requirement for
refurbishment or upgrading.

The Valuer will provide an assessment of the

Market Value of the property as at the date of
inspection.

Owner occupied properties shall be valued on

a vacant possession basis for valuations for
lending purposes.

Comment on the specialised nature of any of

the improvements or features of the property.

Comment on possible alternative uses

particularly for specialised properties.

Tenancies or leases which are not at arms

length should be ignored.

Comment on any obvious non-compliances

with statutory codes or fire provisions
and recommend any expert advice where
necessary.

The valuation should (where applicable)

indicate inclusions and exclusions within the
valuation assessment.

Comment on the effect of any outstanding

orders where these are discoverable by
reasonable verbal enquiry.

The Valuer should consider the highest and

best use before arriving at the valuation.

Any assumptions made by the Valuer should

be clearly highlighted under this heading.

Information provided by the intending

borrower must be critically assessed by the
Valuer and acknowledged in the report.

For development proposals a description

should be provided under the heading
roposed Impr
should also be made on any condition of the
development consent affecting the proposal.

Environmental Matters
o

The existence of any past, current or potential

environmental hazard or contamination

I NSTRU CTIN G VAL UER S - PA R T B --- REP O R T C ONTENT

Tenancy Details
o

The valuation shall have regard to the existing

tenancy position, subject to the points under
V

15.3 .9

C L I E N T F OC US 2

Where the property has lease structures in

place, the Valuer will provide details of
tenancy information either within the body of
the report, or as an annexure.

The Valuer will have regard to and confirm the

actual rentals received, and should comment
on current market rental levels, potential
future vacancies, re-lettability, letting-up

Market Review or Summary

o

for the payment of outgoings.

o

15.3 .
10

Valuers should provide an overview of

market conditions in relation to the property
being considered and comment in relation
to supply and demand. There should be
some identification of the kind of demand,
ie. owner occupier, investor or other and
the general trends in the market which are
apparent at the time.

The Valuer will have regard to the impact of

impending and other rental reviews, the basis
of such reviews, the remaining term of each
lease (and option periods) and other relevant
matters. If leases have not been sighted the
Valuer should clearly state this in the report.

Risk Analysis

A schedule of arrears of rental and outgoings

should be obtained if applicable and details of
any tenancy disputes.

Valuation

The Valuer is to comment on achievability of

rental levels for proposed developments,
letting up periods, incentives required and
competition in the market from other similar
developments.

The Valuer will indicate to the mortgagee

the basis upon which the valuation has been
assessed, i.e. capitalisation of net income,
direct comparison, summation or discounted
cash flows.
Details of comparable sales and other market
evidence should be discussed in relation to
the subject property. Where the Valuer has
selected one or more methods of valuation, all
matters considered in these methods should
be outlined or detailed for the mortgagee,
eg. rental shortfalls or overages, identification
of outgoings, allowances for continuing
vacancies, items identified as being of a
capital nature for which an allowance must
be made, monies required to complete the
construction of the property, profit and risk
factors, letting up periods, note of salient
assumptions made within the discounted cash
flows as to rental growth, outgoings growth,
terminal yields and discount rates.
A reconciliation of the various valuation
approaches used may be required and
the Valuer should justify the conclusions
accordingly.

Valuers should provide a Risk Analysis

appropriate for the type of property and its
Market Value.

This will certify the Market Value of the

property at the relevant date for mortgage
lending purposes subject to any qualifications
in the report.

The Valuer should certify if requested that

neither the valuer nor the firm has any
interest, financial or otherwise in the property
or the outcome of the loan application.

For properties under construction or

development the valuation figure should be
CLEARLY IDENTIFIED AS A VALUA

Valuation Rationale Or Approach

o

Advise on what level of current and potential

competition exists in the market for the letting
and sale of the property.

issue of the appropriate building or other

certificates and a final confirmation by the
Valuer at completion.
Qualifications and Disclaimers
o

The Valuer may include a qualification as to

the intended use of the valuation identifying
the party or parties relying on the report.

Any qualifications on other matters contained

in the report, should be included within the
body of the report at the appropriate place,
and/or next to the valuation, and/or as an
annexure.

Any disclaimer required by the Valuer s

professional indemnity insurer should be
included.

Any other disclaimer.

AN Z VA LUAT I ON A ND P ROPE R T Y STAN DARDS

C L I E N T F OC US 2

Annexure 1 --- Model

PART B --- SERVICE STANDARDS

The Lender
For its part <Client Name> as lender, agrees to supply:

<Lender s Name>

Instructions in writing which will normally be

forwarded by <means>.

PREAMBLE

Information as recommended in the API / PINZ

document Client Focus 2 sufficient for <Firm Name>
to undertake its instructions. Should <Firm Name>
consider that insufficient information has been
provided for the purpose of the assessment and the
type of report required, <Client Name> should be
contacted immediately.

This document serves to set down the professional and

service standards required by <Client Name> as lenders,
engaging <Firm Name> as valuers to report on property
for mortgage purposes.
It is set down in two parts:
Part A --- Professional Standards
Part B --- Service Standards

<Client Name> will pay accounts by <method> and

on a <time> basis.
The Valuer

PART A --- PROFESSIONAL STANDARDS

1.

<Client Name> recognises that the Australian

Property Institute (API) / Property Institute of New
Zealand (PINZ) is the representative professional body
for property professionals including valuers.

2.

The API/PINZ has developed and continues to develop

Practice Standards and Guidance Notes as well as
Client Focus and Business Focus sections. These
elements, along with the Code of Ethics and Rules
of Conduct are incorporated in the Valuation and
Property Standards Manual.

3.

<Client Name> requires <Firm Name> to comply with,

and give due recognition to, these elements as far as
they apply to the type of property, purpose, issues and
professional conduct in the provision of services to
<Client Name>.

I NSTRU CTIN G VAL UER S - PA R T B --- REP O R T C ONTENT

For its part, unless specifically instructed to the contrary,

<Firm Name> as valuers, will delegate specific instructions
to a qualified and appropriately experienced member
of the firm (unless a particular valuer is nominated) and
agrees to provide:
Report Format

<specify>

Turn Around Time

<specify if appropriate>

Report Delivery

<specify method(s) if appropriate>

<Firm Name> encloses evidence of its current Professional

Indemnity Insurance Policy in the sum of $<amount>.
Signed:

<Client>

Signed:

<Firm>

1 5 . 3 . 11

C L I E N T F OC US 2

Annexure 2 - Instructions for Valuation & Security Assessm ent

To VALUER:

<Firm Name>

Fax/E-Mail

From LENDER:

<Client Name>

Date:

Business Unit:

Phone: <Personal Contact>

Postal Address:

Fax:

Street Address:

Reference 1:

(for courier)

Reference 2:

Borrower:

Reference 3:
Reference 4:

Loan Amount:

Contract Price:

E.M.V.:$

Purchaser s Solicitor:

Phone:

REQUEST: Please provide a Valuation and Security Assessment on the following property:
Type of Property:
Address:
Legal Description:
Please Provide for

PropertyPRO Residential Valuation & Security Assessment (RV&SA)

Mortgage Purposes:

Short Form Valuation & Security Assessment

Comprehensive Valuation & Security Assessment Report

Special Instructions:
FOR THE REPORT:
Date of Valuation:

Date of Inspection

Other: /

Interest to be Valued:

Fee Simple vacant possession basis

Other:

If subject to Lease(s):

Yes --- Rent $

Copy of Lease(s):

Enclosed

Available From:

Plans & Specs:

Enclosed

Available From:

Tender/Quote:

Enclosed

Other Documents Enclosed:

Expires:

<Year>

No

ACCESS/KEYS:
Contact s Name/s:

Phone --- am/pm:

Phone --- am/pm:

Directions:
Vendor:

Phone --- am/pm:

Tenant s Name:

Phone --- am/pm:

REQUIRED:

URGENTLY

BY

A.S.A.P.

REPLY:

FAX

E-Mail

COURIER

POST

IN MAIL

COLLECT

FEE:
PAYMENT:

15.3 .
12

PLEASE QUOTE
ON ACCOUNT

HEREWITH

AN Z VA LUAT I ON A ND P ROPE R T Y STAN DARDS

15. 4

C L I E N T F OC US 3

RES ID ENTIAL D ES K TOP

A S S ES S M ENT - AD VIS O RY NOTE
Table of contents
Section A: INTRODUCTION .......................................... 15.4.3
Preamble ............................................................ 15.4.3
Status and Scope ................................................ 15.4.3
Terminology ........................................................ 15.4.3
Section B: PRELIMINARY ISSUES .................................. 15.4.5
Contractual arrangements .................................. 15.4.5
Understanding .................................................... 15.4.5
Valuer qualifications............................................ 15.4.5
Section C: DESKTOP PROCUREMENT AND RISK ......... 15.4.7
General............................................................... 15.4.7
Allocation of risk................................................. 15.4.7
Risk management ............................................... 15.4.8
Risk categories .................................................... 15.4.8
Section D: DESKTOP PROCESS ..................................... 15.4.9
Information......................................................... 15.4.9
Essential........................................................ 15.4.9
Sales Evidence..................................................... 15.4.9
Indicative Assessment ......................................... 15.4.9
Reporting requirements .................................... 15.4.10
Security............................................................. 15.4.10
Annexure A: DEFINITIONS ......................................... 15.4.11
Annexure B: UNACCEPTABLE PROPERTY TYPES....... 15.4.12

R ESIDENT IA L DESKT OP ASSESSMEN T

15.4.1

THI S PA G E I S I N TE N TI ON A L LY L E F T B L A N K

1 5 . 4 . 14

AN Z VA LUAT I ON A ND P ROPE R T Y STAN DARDS

C L I E N T F OC US 3

S ECTIO N A - INTR O D UCTIO N

Pream ble

Status and Scope

Members undertaking Desktop Assessments

should comply with this Advisory Note.

Compliance with the Advisory Note means

Members should:

The purpose of this Advisory Note is to provide a

basis upon which Members of the Australian
Property Institute (API) (Members) should prepare
residential Desktop Assessments.
The Advisory Note
Clients to understand the procedures adopted
in preparing Desktop Assessments and how they
should be used.

8.2 meet minimum qualifications criteria;

8.3 ensure that sufficient Information is obtained;
and

The API considers that Desktop Assessments are

Clients for mortgage security valuations of
residential property. In addition Desktop
Assessments should only be used in connection
with transactions which represent a low to
moderate lending risk and, then, only where the
requirements of this Advisory Note have been
otherwise met.

8.1 make their Clients aware of this Advisory

Note;

8.4 follow all procedures required by this Advisory

Note.

Term inolog y
9

9.1 by Valuers relying on specified documents and

information; and

The Valuer is providing an Indicative Assessment

(with conditions) of the Subject Property, based
on the information obtained, following the
procedures set out in this Advisory Note and / or
contractual agreement.
The Indicative Assessment is not, and should not
be construed to be, a representation as to the
Market Value of the Subject Property, as defined
in the Valuation and Property Standards Manual
and the Practice Standards and Guidance Notes
contained therein. A Desktop Assessment is merely
and Indicative Assessment made without the
benefit of an inspection of the subject property. If
a formal valuation of the subject property is made
based on an inspection it may vary significantly
from the results of any Desktop Assessment.
Clients should be aware that the Desktop
Assessment methodology carries with it risks which
entail a degree of likely variation greater than
might be expected to be produced by a Valuation.

A Desktop Assessment is a report prepared:

9.2 that does not involve an inspection of the

Subject Property; and
9.3 that produces an Indicative Assessment (with
conditions) of value of the Subject Property.
10

Other definitions which apply to the terminology

used throughout the Advisory Note are contained
in Annexure A. Defined terms are indicated by use
of highlighting.

The subject property is not inspected by the valuer.

R ESIDENT IA L DESKT OP ASSESSMEN T - SECTI O N A - INT RODUCT I ON

15.4.3

THI S PA G E I S I N TE N TI ON A L LY L E F T B L A N K

15.4 .
16

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C L I E N T F OC US 3

S ECTIO N B - P R EL IMINA RY IS S UES

Contractual arrangem ents

Valuer qualifications

11

15

12

Clients requesting Desktop Assessments should be

made aware of the process being undertaken by
the Valuer in preparing a Desktop Assessment (as
distinct from any other Valuation Services provided
by Members). The Valuer should provide a copy of
this Advisory Note to Clients instructing the Valuer
to prepare Desktop Assessments.

Desktop Assessments should only be prepared by

Valuers who are:
15.1 current members of the API (CPV or RPV);
and
15.2 registered Valuers (in accordance with the
relevant State/Territory requirements); and

If the Valuer is not able to comply with this

Advisory Note in preparing the Desktop
Assessment, the Valuer should:

15.3 continuously engaged in the provision of

Valuation Services for at least 50% of their
overall practising time; and

12.1 confirm that a Desktop Assessment cannot

be completed;

15.4 continuously engaged in the provision of

Valuation Services within the appropriate
postcode. The valuer should have sufficient
knowledge of the area within which the
subject property is located for a period of not
less than 6 months.

12.2 recommend an alternative Valuation Service

or Restricted Valuation if appropriate; and
12.3 not issue the Desktop Assessment (complete
or incomplete) to the Client.

Und er stand ing

13

Valuers preparing Desktop Assessments should be

familiar with this Advisory Note.

14

API members using Systems to prepare Desktop

Assessments should ensure that there is adequate
training of the System prior to undertaking a
Desktop Assessment using the System.

16

Where a Valuer is not able to satisfy the

requirements set out in paragraph 15, the
instruction to prepare a Desktop Assessment
should be declined. The Valuer may, however
make recommendations and accept alternative
instructions from the Client to provide Valuation
Services and/or a Restricted Valuation.

R ESIDENT IA L DESKT OP ASSESSMEN T - SECTI O N B - P REL IMI NA R Y ISSUE S

15.4.5

THI S PA G E I S I N TE N TI ON A L LY L E F T B L A N K

15.4 .
18

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C L I E N T F OC US 3

S ECTIO N C - D ES K TO P
P R O CUR EMENT A ND R IS K
General

Allocation of risk

17

Acceptance of Commercial Risks of a Desktop Assessment.

Desktop Assessments require the Valuer to be

specifically instructed not to perform certain
aspects of the processes involved in preparing
Valuations including, but not limited to the
inspection of the Subject Property. The aspects
of the usual valuation that are not completed in
preparing a Desktop Assessment include, inter alia,
the following:

19

The API considers that there are inherent risks to

a Lender / Client who relies on a Desktop
Assessment but acknowledges that the Lender /
Client has expressed a commercial need for such
an assessment to be carried out by Valuers.

20

The Lender / Client expressly acknowledges and

confirms that:

17.1 An internal or external inspection;

20.1 in producing the assessment contained in

the Desktop Assessment, the Valuer has not
carried out the usual range of enquiries that
a Valuer is required to make by professional
practice standards (as determined by the
API and at law) in carrying out a Valuation
of property and that this is at the specific
request of the Lender / Client; and

17.2 Land Topography and Aspect;

17.3 Roads and Access;
17.4 Site Defects;
17.5 Impact of adjoining development;
17.6 Environmental Risks;
17.7 Encumbrances;

20.2 the Lender / Client fully understands

and accepts the risks inherent in such
circumstances.

17.8 Permissible Land Uses and Land Use

Conformity;
17.9 Improvements; and

21

Accordingly, but subject to compliance by the

Valuer with the requirements of the Desktop
Assessment, this Advisory Note and the stated
instructions of the Lender / Client, the Lender /
Client agrees that it will have no cause of action
against the Valuer whether in contract tort or
otherwise by reason only that the Lender / Client
suffered loss or damage by relying upon a Desktop
Assessment.

22

Furthermore the Lender / Client acknowledges

that it accepts that a Desktop Assessment is not
and will not be construed to be a valuation in
the same meaning as a valuation conducted in
accordance with the General Concepts, Principles
and Definitions as detailed in the standards
promulgated by the API, which is based on an
inspection of the subject property.

23

The Lender / Client further agrees that it will

indemnify the Valuer against any claim for loss or
damage by a third party invited or permitted by the
Lender / Client to rely upon a Desktop Assessment,
whether arising in contract tort or otherwise and

17.10 Leases and Tenancies.

18

Due to these aspects of the usual valuation

process not being completed there are risks that
the outcome of a Desktop Assessment may be
inaccurate. These include:
18.1 the risk of inaccuracy of information
contained in the Desktop Assessment as
compared to Valuations is increased;
18.2 the fact that the Valuer cannot verify the
accuracy of information contained in a
Desktop Assessment as would be provided
in a Valuation; and
18.3 the fact that Desktop Assessments will
have significant limitations when compared
to Valuations, including a greater degree
of variation in the resulting Indicative
Assessment.

R ESIDENT IA L DESKT OP ASSESSMEN T - Sec ti o n C - DES KTOP P ROCU REMEN T AND RIS K

15.4.7

C L I E N T F OC US 3

24

25

arising out of or in conjunction with reliance by

that third party on a Desktop Assessment.

Risk cate gories

The Indemnity to be provided by the Lender /

Client will not apply where the valuer has been
fraudulent or dishonest.

28

The API considers that the following transaction

types are unacceptable for Desktop Assessment:
28.1 all non-residential mortgage lending;

Valuers shall not assign, readdress or re issue

Desktop Assessments.

28.2 all lending on security other than a first

registered mortgage;

Risk m anag em ent

28.3 all lending transactions connected with nonarms length sales; and

26

28.4 transactions where the security consists of,

or includes, more than one security property
located within a single development.

In an effort to reduce the risks associated with the

use of Desktop Assessments (as described in this
Section C), the Valuer should adopt a procedure
whereby:
26.1 the instruction from the Client is checked
to ensure that the Subject Property is not of
a type considered unacceptable by the API
(Annexure B);
26.2 sufficient Information is obtained before a
Desktop Assessment can be completed or
issued.

27

15.4 .
20

It is the responsibility of Lenders / Clients to

prepare appropriate and prudent risk management
protocols to ensure that Desktop Assessments are
used only in low to moderate risk categories.

This list is not intended to be exhaustive.

29

The API considers certain categories of property

to be unacceptable for Desktop Assessment.
Annexure B to the Advisory Note is a nonexhaustive list of these unacceptable properties.

30

It is expected that the Client/Lender should

implement procedures to monitor:
30.1 the compliance of their internal procurement
practices with this Advisory Note and / or
specific contractual arrangements;
30.2 the compliance of Valuers and/or Valuation
Firms retained by the Client/Lender to
provide Desktop Assessments with this
Advisory Note and / or specific contractual
arrangements.

AN Z VA LUAT I ON A ND P ROPE R T Y STAN DARDS

C L I E N T F OC US 3

S ECTIO N D : D ES K TO P P R O CES S
Inform ation
Essential
31

It is essential for a Lender / Client instructing a

valuer to prepare a Desktop Assessment to provide
to the valuer, at the time of first issuing
instructions, all information required in this section.
The essential Information to be provided by the
Lender / Client to enable a Valuer to complete a
Desktop Assessment is:

32

31.1 The Subject Property data, namely:

31.2.1

Location map;

31.2.2

property frontage photograph; or

31.2.3

aerial/cadastral photograph.

The Valuer should obtain all Subject Property

Data from the Client and/or the Customer (or
Third Party) collectively. In the event that not all
Subject Property Data can be obtained from the
Client and/or Customer (or Third Party) collectively,
the instruction to prepare a Desktop Assessment
should be declined. The Valuer may, however
make recommendations and accept alternative
instructions from the Client to provide Valuation
Services or a Restricted Valuation.

31.1.1

full property address;

31.1.2

legal description1;

31.1.3

purchase price (if applicable);

31.1.4

land area or plan with measurements;

Sales Evidence is to be collected for 4 comparable

properties each of which should:

31.1.5

property type (vacant land, residential

dwelling, townhouse, unit);

33.1 have transacted within the last six months;

and

31.1.6

external improvements (eg, swimming

pool);

31.1.7

main building type;

33.2 be known to the Valuer based upon a prior

inspection by the Valuer or by a qualified
valuer within the Valuer s firm.

Sales Evidence
33

a) approximate build date;

Indicative Assessm ent

b) details of significant renovations

including date;

34

The Valuer is providing an indication of the value

of the Subject Property, based on the information
obtained, following the procedures set out in this
Advisory Note (Indicative Assessment).

35

The Indicative Assessment (with or without

conditions) is not a representation as to the Market
Value of the Subject Property, as defined in the
Valuation and Property Standards Manual and the
Practice Standards and Guidance Notes contained
therein. Clients should be aware that the Desktop
Assessment methodology carries with it risks which
entail a degree of likely variation greater than
might be expected to be produced by a Valuation.

31.1.8

main walls and roof;

31.1.9

number bedrooms, bathrooms;

31.1.10

car accommodation (eg, garage, car port

or car space); and

31.1.11

services;

31.1.12

a full copy of the contract (where

Desktop Assessment sought in
connection with a purchase or proposed
purchase) and any other contractual
arrangement affecting price.
(Collectively referred to as Subject
Property Data); and

31.2 At least two visual identifiers of the Subject

Property from the following categories:
1

Unless stated otherwise, fee simple with vacant possession is to be assumed.

The Valuer is not expected to search the title or to enquire about any leases or
occupancy rights.

R ESIDENT IA L DESKT OP ASSESSMEN T - SECTI O N D: DESKT OP P ROCES S

15.4.9

C L I E N T F OC US 3

Reporting requirem ents

36

All notes, revised instructions and changes made

to documents provided and collated as part of the
Desktop Assessment process are to be maintained
on the Valuer s file (hard copy or electronic).

37

Systems used to prepare Desktop Assessments

may provide an audit trail of any changes made to
System during the Desktop Assessment process. All
changes should be logged by reference to the user,
time and date of change. The Valuer should have
access to this log trail at all times.

Security
38

Valuers using a System to prepare Desktop

Assessments should ensure that:
38.1 details necessary to access the System are
kept secure and not misused; and
38.2 any electronic signature generated as part of
the System is used only by the Valuer.

1 5 . 4 . 22

AN Z VA LUAT I ON A ND P ROPE R T Y STAN DARDS

C L I E N T F OC US 3

A NNEX UR E A : D EFINITIO NS
Term

Me aning

Certified Practising
Valuer (CPV) or Valuer

A Valuer meeting the requirements for Certified Practising Valuers as defined by the API.

Client

The party instructing the Valuer to prepare the Desktop Assessment. The Client may be the
Supplier, Lender or a financial intermediary.

Continuously engaged

A Valuer is continuously engaged in the relevant postcode where the Valuer has undertaken
multiple valuations of that type over the whole (and note merely some part) of the period
specified.

Customer

A person who seeks to grant a mortgage over the Subject Property to the Lender in support of
a proposed Loan.

Desktop Assessment

A report prepared:
1) by Valuers relying on specified documents and information; and
2) that involves no inspection of the Subject Property; and
3) that produces an Indicative Assessment of value of the Subject Property.

Indicative Assessment

An indication of the value with any limiting conditions of the Subject Property, based on the
information obtained, following the procedures set out in this Advisory Note.

Lender

The financial institution issuing instructions (or on whose behalf instructions are issued) to the
Valuer. The Lender may have the same meaning as the Client.

Essential Information

Essential information, specified in the Advisory Note, that the Valuer requires in order to
conclude the Desktop Assessment.

Non-Essential
Information

Information that may be of assistance to the Valuer in preparing the Desktop Assessment but
is not Essential information.

One-Off Services

Desktop Assessments requested by a Client where the instructed Valuer is not part of a panel
of approved Valuers who provide Valuation Services to that Client.

Advisory Note

This Desktop Assessment Advisory Note produced by the API (including any API revisions,
updates or additions from time to time).
Valuations prepared in accordance with the API Pr
Security Assessment Supporting Memorandum.

Valuation and

Restricted Valuation

A valuation prepared in accordance with the API Restricted Valuation Supporting

Memorandum.

Sales Evidence

Sales data that relates to properties that have characteristics comparableto the Subject
Property.

Subject Property

The property for which the Client instructs the Valuer to prepare a Desktop Assessment report.

Supplier

A party that acts as an intermediary between Lenders and Valuers in connection with the
procurement by the Lender of Valuation / Desktop Assessment services.
The Supplier typically:
o issues instructions to Valuers to prepare Valuations and/or Desktop Assessments for Lenders.
o owns the System.

System

Any computer system, portal, database, application service, program or any other technology
utilised:
o in preparing Desktop Assessments; and/or
o to track, deliver, produce and coordinate Desktop Assessments.

Valuation

A valuation carried out in accordance with the General Concepts, Principles and Definitions of
the Valuation and Property Standards Manual, excluding Desktop Assessments and Restricted
Valuations.

Valuation Services

Preparing market valuations based on inspecting the subject property (including sales analysis
and property inspections and other ancillary work) required for the preparation of Valuations.

R ESIDENT IA L DESKT OP ASSESSMEN T

15.4.1 1

C L I E N T F OC US 3

A N N E X U R E B : U N A C C E P TA B L E
PROPERTY TYPES LIS TED BY API
1)

Any property under construction or a new house

and land package.

2)

Any security property known or disclosed to be

greater than 2.2 hectares in land size.

3)

Any property known or disclosed to be zoned for

other than residential purposes.

4)

An income-producing rural property.

5)

Part of a development which has been converted

from another usage.

6)
7)

14)

Limited title (any defects).

15)

Mobile or temporary homes.

16)

Boarding houses/homes supporting residential

services.

17)

Land/improvements contaminated.

18)

Pr

19)

A strata unit of less than 40 square metres.

20)

Crown land (excluding the ACT).

Serviced apartments.

21)

Properties under the Western Lands Act.

Properties designed, zoned or used for commercial

purposes (excluding residential usage units in a
commercially zoned development).

22)

Properties purchased off-the-plan.

23)

Properties within a known flood height level higher

than the lowest floor level.

8)

Properties that are unique, or have restricted

usage.

24)

9)

Properties to be constructed by an owner---builder

(in whole or part).

A multiple occupancy security that is a single

property comprising of more than one unit of
living accommodation.

25)

A property located on an island without sealed

road connection to the mainland (excluding
Tasmania).

26)

A studio apartment or bed-sitter (no separate

bedroom).

10)

Leasehold properties other than Crown lands in

the ACT.

11)

Purple title (WA) or Moiety title (SA).

12)

13)

Land subject to licence to occupy.

1 5 . 4 . 24

AN Z VA LUAT I ON A ND P ROPE R T Y STAN DARDS

C L I E N T F OC US 4

15. 5

FEED BACK TO API AND PINZ

M EM BER S A ND /O R THE A P I/P INZ
1.0 The Im portance of Relevant
and Tim ely Feedb ack
1.1

1.6

Importance of Clear and Precise

Instructions

Feedback before Acting on Advice if

Concern
It is important for clients to realise that it is totally
reasonable and preferable for them to check
back with the service provider for clarification,
correction or supplementation whenever it
is perceived that any output does not meet
requirements of the instructions or professional
expectations. This feedback should be done before
acting on the advice provided.

1.4

1.7

Importance of Feedback
It is important for the reputation of the
membership at large that the Institute is informed.
This way it can consider if what is raised is a
one-off issue or something that is becoming a
more widespread issue to be addressed with the
membership at large. If the Institute considers
it important for the Member involved to be
counselled, it may request that the Member s
name be revealed, but this will ultimately be up to
the client.

Members to Respond
It is the Member s professional responsibility to
respond to any reasonable queries or feedback
even though no additional fee is offered. However
the Institute recognises that in the case of
additional work resulting from unclear original
instructions or variation to the original instructions,
it may be appropriate for the Member to seek an
additional fee.

Feedback to Institute if Concern

At the same time the Institute recognises that
there will be occasions when a client considers that
the quality of the service provided seriously falls
short of its expectations or those of the Institute s
Code of Ethics, Rules of Conduct, Practice
Standards or Guidance Notes. While a client may
be reluctant to lodge an official complaint, the
Institute would nonetheless like to be made aware
of the client s perception. This can even be done
without advising the Member s name if so desired.
The communication may include all or part of
a report to highlight any concern. It should be
addressed to the Divisional Office of the API in the
state in which the Member s office is located or
national office of the PINZ.

Clear and precise instructions are an important

part of receiving service that delivers the level and
type of output clients require. Sometimes, though
what is delivered may not meet requirements.
Causes may include misunderstanding or failure
to comply with API or PINZ Code of Ethics, Rules
of Conduct, Practice Standards or reasonably align
with Guidance Notes.

1.3

Positive Response to Exceptional

Service
The Institute also encourages clients to respond
positively to its service providers where the level of
service or advice is considered to be exceptional.
Further if this feedback is provided to the Institute,
it can develop a better understanding of what
clients would like to receive and look to measures
that might raise the overall standard of its
Members.

Purpose
The purpose of this Client Focus element is to
outline for clients of API or PINZ Members the
importance of providing feedback on the services
provided and to let it be known that the Australian
Property Institute and New Zealand Property
Institute is also interested in receiving feedback,
not only on the performance of its Members but
also on the Institute s itself.

1.2

1.5

1.8

FEED BAC K T O API AND P IN Z MEM BER S AND/ O R TH E API /PIN Z

Institutes Performance
The Institutes would also like to know how
Member s clients as well as Members feel about
the performance of the each Institute. Again
it is by being aware of how the Institutes are

15.5.1

C L I E N T F OC US 4

perceived that they can review what they do and

how they do it so as to benefit and be relevant to
Members and their clients. Such comments should
be forwarded to the API National Secretariat
in Canberra or the PINZ National Secretariat in
Wellington.
Contact Details for the API and PINZ are located on
page 16.5.1.

15.5.2

AN Z VA LUAT I ON A ND P ROPE R T Y STAN DARDS

16. 1

P R OP E R TY P R O S UP P OR TI N G M E M OR A N D UM

PropertyPROT M

RES ID ENTIA L
VA L U AT I O N A N D S E C U R I T Y
A S S ES S M ENT P RO -FO R M A
S UP PO RTING M EM O R A ND UM
Contents
1.0

2.0

Introduction
16.1.2
1.1
Purpose
1.2
Scope
1.3
Copyright
1.4
Certification
1.5
Brief Report for Single Residential First
Mortgage Purposes Only
1.6
Supervision Guidelines for API Members

5.0

Departure Provisions

6.0

Matters that m ust be review ed and checked by

lend e r-client /LMI and/or its solicito r or ot her s
o n t he lend e r-client s/LMI s behalf
16.1.25
6.1
Refer to Valuer
6.2
Lender-client/LMI or solicitor/legal
representative must check

Initial Inst ructio ns to Valuer and Supply of

Inform ation
16.1.4
2.1
Standing Instructions
2.2
Instructions in writing
2.3
Desirable and Necessary Detail

7.0

Inform ation the Valuer could be expected to

hold on file
16.1.26
7.1
Valuer s File Should Contain

8.0

Date of Effect

3.0

Form at of Reports
16.1.5
3.1
Layout Designed to Facilitate Easy
Checking
3.2
Brief Facts, Points and Concise Statements
3.3
Information which must be provided in the
Report
1. Property Summary
2. Risk Analysis
3. Valuation & Assessments Summary
4. The Land
5. Main Building
6. Ancillary Improvements
7. Sales Evidence & The Market
8. Additional Comments
9. Important Notes And Qualifications
10. Capped Liability Scheme

4.0

Matters on w hich the Valuer m ay provide

Rest ricted Com m ent
16.1.25
4.1
Aspects Requiring Specialists Reports
4.2
Valuers Initial Comments Indicative Only
4.3
Refer to Valuer

CL IENT FOCUS

16.1.25

16.1.27

16.1 .1

P R OP E R TY P R O S UP P OR TI N G M E M OR A N D UM

1.0 Introd uction

1.1

1.4

initial written instructions to the Valuer and

what information must be provided,

Certification
Subject to what is contained herein, a Valuer who
provides a Report must do so in accordance with
this Supporting Memorandum. Likewise a lenderclient/LMI who instructs a Valuer to provide a
Report or whom it is agreed by the Valuer can rely
upon the Report must do so and can only rely on
such Report in accordance with this Supporting
Memorandum.

Scope
This Supporting Memorandum sets out limitations
and qualifications inherent in valuations, and in
particular the risk analysis, provided in the Report
format. A lender-client/LMI who instructs a Valuer
to provide a Report agrees to accept and be
bound by the process contained in this Supporting
Memorandum. In particular, it provides important
information to lender-clients/LMIs and Valuers in
relation to:

Copyright
The API reserves Copyright of the PropertyPRO
V
Pro-forma Report. This has been deemed necessary
to retain the integrity and consistency of the
Report format. The Report format is available
through the API under the PropertyPRO Trademark.
It is produced out of a database program that is
only available to Members of the API.

Purpose
This Supporting Memorandum provides the basis
upon which Members of the Australian Property
Institute (API) will provide valuations of residential
properties for first mortgage purposes using the
Pr
Valuation and Security
ro-forma Report for Mortgage
Purposes (Report). It is also the basis on which
their lender-clients and any applicable approved
lenders mortgage insurer(s) (LMI(s)) accept(s) and
use(s) such Reports.

1.2

1.3

1.5

Brief Report for Single Residential First

Mortgage Purposes Only
The Report is specifically designed for the purpose
of providing a brief report on a single residential
property for first mortgage purposes only.
A single residential property is:

the information the Valuer must provide in the

Report,

A single house/dwelling

the matters the Valuer may provide restricted

comment on,

A single home unit or apartment

what the Valuer should do in the event of a

departure from any provision,

matters the Valuer is aware will be checked by

the lender-client/LMI and/or its/their solicitor(s)
and or others on behalf of the lender-client/
LMI (and which must subsequently be referred
back to the Valuer for comment and review,
and in particular by reference to a different
value),

A serviced apartment that is suitable for

permanent occupation and can be used for
permanent occupation within a relatively
short period of time (that is, not more than 12
months).

A single residential allotment.

Non income producing rural property where

a single residential use is permissible and no
underlying redevelopment potential exists

Dual occupancy property in which two

dwellings are contained on the one allotment
of land

the information and documentation the

Valuer is expected to hold on file, and

the responsibilities and obligations assumed

by lender-clients/LMIs.

Valuations using the Report format are provided

for and may be relied on by lender-clients and,
if agreed in writing between the Valuer and the
lender-client, their LMIs only. Any agreement
by the Valuer and the lender-client/LMI to a third
party other than the lender-client/LMI relying upon
the Report must be in writing and signed by each
of the Valuer and the lender-client/LMI. In that
case, valuations using the Report format must only
be used for the purpose(s) outlined herein and
any reference in this Supporting Memorandum
to the lender-client/LMI will be taken to also be a
reference to that third party.

Single residential property does not include land or

a lot that is used wholly or predominantly for non
residential purposes.
All other properties and/or property types are
excluded fr
residential pr
ull
valuation report with agreed fees reflecting the
extent of such valuation instructions. Valuations
of properties that ar
residential
pr
rein will be subject to
specific separate written instructions which will not
include the terms of this Supporting Memorandum
unless otherwise agreed to by the parties in
writing.
Exclusions from the definition of a single
residential property include:
o

16.1.2

Serviced apartment subject to a management

AN Z VA LUAT I ON A ND P ROPE R T Y STAN DARDS

P R OP E R TY P R O S UP P OR TI N G M E M OR A N D UM

agreement that restricts its use for permanent

occupation
o

Serviced apartment subject to a lease-back

arrangement

Student accommodation

Retirement homes

Boarding houses/hostels

Mobile or temporary homes

Purpose built residential property used for

commercial purposes

Residential property where in the Valuer s

reasonable opinion its market value may
exceed $5 million

The PropertyPRO Report format is not suitable

for valuation of a development site or englobo
land for any property including dwellings with
shop fronts and any other underlying potential
use including subdivisional, retail, commercial
and industrial. The Report format is suitable for
valuation of residential premises with the relevant
zoning in place.

Student Member or Provisional Member unless

that Provisional Member has Residential Property
Valuer (RPV) status.

1.6.3
Reports signed by a Provisional Member of the
API (PMAPI) with RPV status, a Graduate Member
of the API (GAPI), Provisional Associate of the API
(PAAPI), or Associate Member of the API (AAPI) (in
transition to CPV) are only acceptable when they
are countersigned by a Supervising Member who is
a CPV - who has:
Reviewed the draft valuation, working papers
and any additional documents from the
valuation file relevant to the value opinion
(Review); and

Based upon the Review and appropriate

questioning of the Member or Associate who
performed the valuation, is satisfied that there
is a reasonable basis for the value opinion
contained in the draft valuation.

1.6.4
If the valuation is for a sum greater than $1
million:

The PropertyPRO Report format is not suitable for

and is not to be used for mortgagee in possession
valuations.

1.6

(a) the Report may be signed by a PMAPI with RPV

status, a GAPI, a PAAPI, or an AAPI (in transition to
CPV). However, the Report must be countersigned
by a CPV who is a director, principal, partner or
other client agreed member of the firm, where
the CPV who is a director, principal, partner or
other client agreed member of the firm who has
conducted a Review and based upon the Review
and appropriate questioning of the Member or
associate who performed the valuation, is satisfied
that there is a reasonable basis for the value
opinion contained in the draft valuation.

Supervision Guidelines for API

Members

1.6.1
For the purposes of this S upp o r ting
Me m orandum and in accordance w ith the API
Capped Liability Sche m e:
means a Member of the
API who holds Certified Practising Valuer (CPV)
status and is:

Should a lender-client/LMI require a CPV to be the

primary signatory to the Report, the above applies
unless the primary signatory CPV is a director,
principal or partner of the firm, in which case only
one signature is required. Where the Member
is operating as a sole practitioner and has CPV
status, only one signature is required.

(a) An Associate of the API (AAPI)

(b) A Fellow of the API (FAPI)

1.6.5
(c)

A Member must not accept instructions in relation

to a valuation where the Member does not have
competence in either:

A Life Fellow of the API (LFAPI)

means a financial practising member

of the API and does not include a non-practising
member.

1.6.2
A Report must not be signed by a Member unless
the Member has fully inspected the subject
property.
A Supervising Member is not required to physically
inspect the subject property.
A Report cannot be signed in any capacity by a

P R OPE R T Y P R O SUPP O R T IN G MEM OR ANDU M

the geographical area of the subject property

being valued; or

the type of valuation being undertaken,

including the basis of valuation (ie valuation
methodology).

Assignments may be undertaken in conjunction

with a person having the required competence
after disclosure to the lender-client/LMI.

1.6.6
For the purposes of this Supporting Memorandum:

16.1 .3

P R OP E R TY P R O S UP P OR TI N G M E M OR A N D UM

Director, Principal or Partner of the firm relates to

Members with CPV status who are legally liable as
such.
For the avoidance of doubt a person who merely
has a r
r
should not sign in the capacity of a legally
r
r
However, it is acknowledged that it is not practical
in all circumstances for such a person to sign
reports and it is therefore necessary for Members
that agreement is reached with lender-clients/
LMIs regarding other CPV Members signing in the
capacity of a counter signatory.

The name of the instructing organisation and

any other parties who may rely on the Report.
Appropriate references and organisation
contact details.
o

Name(s) of borrower(s) and any reference

number(s).
o

2.2

2.3

Copy of search or title document including

encumbrances etc. The Valuer will not be
required to obtain or refer to a Title Search
unless specifically instructed.
Copy of deposited or registered plan, strata or
unit plan or survey report.
o

Valuer
The name of the firm to which the instructions
are addressed.

Dat e(s)
Date of request and date required (if
applicable and not a contract condition).

16.1 .4

Le nder

Contract Price
If a sale of the subject property has occurred
within the past 3 months (price and date of
sale) f
rchase.
For the purpose of this provision, occurred
refers to the entering into of a Contract
for Sale which may or may not have been
completed.

Full Copy of Contract

Where reasonably available, a full copy of the
Contract including any special conditions,
certificates, etc, must be provided to the
Valuer.

Desirable and Necessary Detail

A Valuer may produce a Report after being
provided with very little/minimal information by the
lender-client/LMI, such Report being appropriately
qualified. The lender-client/LMI must provide to the
Valuer all information in its possession or readily
available to the lender-client/LMI for passing on to
the Valuer that may impact on the valuation of the
subject property. By way of example only, as much
of the following information and documentation
as possible should be provided in or with the
instructions for a Report. As outlined above,
where some information is not readily available
to the Valuer, the Report may be appropriately
qualified.

Property Ty pe
eg Dwelling, unit.

Instructions in writing
Instructions for individual Reports must be in
writing . Any instructions transmitted
electronically should be able to be produced in
a hard copy form for retention in the Valuer s
file. Any instructions provided verbally in the first
instance must be confirmed in writing by the
lender-client/LMI before commencement of the
valuation, or failing that, the Valuer must confirm
the instructions in writing and retain a file copy.

Title de tail
Legal description.

Standing Instructions
Valuers should ensure that instructions to provide
a Report are on the basis of a standing instruction
or a specific instruction that the provision of
the Report will be subject to the terms of this
Supporting Memorandum.

Property Address
Full street address, including locality name,
state/territory and postcode.

2.0 Initial Instructions to Valuer

and Supply of Inform ation
2.1

Borrow er

Contact for Acce ss

Contact s name (if subject property has been
sold or leased, the names of any real estate or
leasing agents involved should be provided).
Contact s telephone number(s) --- and what
time(s) of day contact is preferred.

If Te nant e d
Tenant s name, rent being paid and expiry
date(s) of the lease(s).

Special Instr uct ions

Any applicable.

Tender Details
If proposed dwelling, renovation or extension,
arrange for the Valuer to receive:
- Copy of building contract, latest tender or
quote with priced schedule of fittings/PC
items.
- Copy of plans and specifications preferably

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P R OP E R TY P R O S UP P OR TI N G M E M OR A N D UM

approved.
- Builder s name, licence details and phone
number(s) and/or such details for an Owner
Builder.
o

Any Other Relevant Inf or m ation

Eg. Zoning certificate, development approval,
building approval, other information about
affectations which may impact on value, etc.

Report Dispat ch
Where and how the Report should be
forwarded.

3.3

Information which must be provided in

the Report
The Valuer must provide in the Report, under
each sub heading in each main section, the
information and comment referred to below.
This is subject to what is contained within this
Supporting Memorandum and any limitations
and qualifications set out below and subject to
the information being common knowledge and
or readily ascertainable and or provided by the
lender-client/LMI within the time frame available to
complete the Report.

3.0 Form at of Reports

3.1

Layout Designed to Facilitate Easy

Checking
The Report layout intentionally has most of
the key information, the risk analysis, valuation
and assessments (and their certification) on the
first page, while supporting information, data
and comments follow. While this is primarily to
facilitate easy checking by the lender-client/LMI,
the whole Report must be read and any failure
to do so will not constitute reliance by such party
asserting reliance on the Report. The risk analysis
on the front page with its graphic presentation
particularly serves to draw immediate attention to
any risks rated higher than or equal to 3, and to
appropriate comments later in the Report.

3.2

Brief Facts, Points and Concise

Statements
As the Report is a pro-forma report, it presents
its information in brief pertinent facts, points
and concise statements. Any significant adverse
issue mentioned in the body of the Report must
be flagged via the Risk Ratings (ie assigning risk
ratings higher than or equal to 3). However,
features impacting significantly on the subject
property must be adequately noted. The format
has been designed to suit a majority of situations.
Where requir
section can be expanded to cover less common
properties. While the first page is fixed length,
some fields on the second page have the capacity
to expand, creating an extra page (or more) if
needed. A Valuer will not be precluded in any
way from adding whatever additional comment/
information as is deemed to be required by that
Valuer, in completing the Report in accordance
with this Supporting Memorandum.
There are formats for strata and proposed
dwellings/extensions/renovations, vacant land and
for properties subject to long term lease. Some
label variations are available to suit particular
Y
others only appear if r
headings.

P R OPE R T Y P R O SUPP O R T IN G MEM OR ANDU M

16.1 .5

P R OP E R TY P R O S UP P OR TI N G M E M OR A N D UM

ITEM

REQUIREMENT

Lender

The lending organisation s name. Where additional lender-clients/LMIs and/or other

parties are required to be noted on the Report, these will be inserted at the end of the
document.

Lender / Borrower References

Provide field labels relevant to those used by the lender-client/LMI.

1. PROPERTY S UMMARY
PROPERTY ADDRESS:

Full street address, including locality name, state/territory and postcode

TITLE DETAILS:

Description of land and title details where available.

Note: The Valuer is not required to obtain a Title Search unless specifically requested.
The requirement for this information is subject to the issues referred elsewhere in the
Supporting Memorandum.

Encumbrances/Restrictions:

A comment as to whether any encumbrances/restrictions, either adverse or beneficial,

affect the subject property within the knowledge of the Valuer. Comment in the
form Known or Not Known . If Known , further comment required in Section 8
(Additional Comments) of the Report.

Site Dimensions:

Where available or able to be described use the convention of frontage/rear then one
side/other (wher
this indicates the same dimension for each), or
otherwise provide site area.

ZONING/INSTRUMENT:

Status of appropriate authority(ies) zoning and name of most relevant planning

instrument

LGA:

Local Government Area name

MAIN BUILDING:

Broad type classification eg Dwelling, Residential Unit, Duplex, Vacant Land, Other

No. of Bedrooms
No. of Bathrooms

Include ensuites

Current Use:

Advise where main building not used for its designed purpose.

Built About/Year Built:

alter
known.

more often as the exact year built is often not readily ascertainable. An
re the exact year is

Addition(s):

Approximate age of major extensions.

Actual Rental/Until:

Note actual rent and lease expiry date subject to lender-client s/LMI s requirements and
availability.

CAR ACCOMMODATION

Describe car accommodation and note area in square metres or number of car spaces as
appropriate.

AREAS:

Area measured or ascertained. Practical use of most measuring systems will produce an
approximate result.
Outdoor areas include areas of open verandahs, patios, pergolas, porches, etc. Their
individual areas are aggregated for the purpose of the Report.

AREAS --- HOME UNITS

The outdoor areas should be separate and excluded from the living areas of home units,
villas or townhouses. Car parking and storage areas should be listed separately.

MARKETABILITY:

A brief comment as an overall rating of the ease of sale of the subject property (ie how
saleable is the subject property as at the date of valuation?). This should be based on any
inherent or external features favourably or adversely affecting the marketability of the

16.1 .6

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P R OP E R TY P R O S UP P OR TI N G M E M OR A N D UM

ITEM

REQUIREMENT
subject property
a comment on the condition of the market). Otherwise expand as necessary in the

For the purposes of this Supporting Memorandum, the wor

the suitability of the subject property to be sold at the date of the Report at the value
as referred to in the Report or such other value as is within a reasonable range of that
value as determined by law, based upon all relevant facts, matters and/or circumstances
current and known to the Valuer as at the valuation date.
HERITAGE ISSUES:

A comment as to whether any heritage issues, either adverse or beneficial affect the
subject property within the knowledge of the Valuer. Comment in the form Known
or Not Known . If Known , further comment required in Section 8 (Additional
Comments) of the Report.

ENVIRONMENTAL ISSUES

A comment as to whether any environmental issues, either adverse or beneficial,

affect the subject property within the knowledge of the Valuer. Comment in the
form Known or Not Known . If Known , further comment required in Section 8
(Additional Comments) of the Report.
This should record any significant, observable, visual and/or known defects or hazards or
visual or observable or known site contamination. Where a defect or hazard is recorded,
further comment is required in Section 8 (Additional Comments) of the Report.
Any identified matters may warrant a report by appropriately qualified experts or a
certificate from an appropriate authority.
The Valuer is not normally an expert in these matters. The Valuer s role is to assist in
identifying issues in the first instance and to recommend any further reports or
certificates for confirmation or clarification. Any issues or uncertainties should be
explained mor
rt. Should any
issues be subsequently confirmed, the Valuer must be asked for further comment in view
reports (and their estimated costs of remediation or
recommended work).

ESSENTIAL REPAIRS

In undertaking a valuation, a Valuer has a duty to identify and comment on the presence
of any obvious and patent and observable building and/or construction defects which are
revealed upon inspection of accessible areas only. Furthermore, the extent to which such
defects and faults impact upon value needs to be considered and commented on in the
Report.
The Valuer should identify only those items observed by the Valuer and which, in the
Valuer s opinion, if not attended to, could cause significant deterioration and loss in
value or could have a significant adverse effect on marketability of the subject property.
The Report is not intended as a structural or building survey report.
Where the Valuer identifies such defects, however, the cost and mode of rectification
(and therefore any value adjustments) is outside the scope of the Valuer s expertise.
The Valuer should recommend that a separate expert report be undertaken. Where a
Valuer has reduced the value of the subject property because of the need for essential
repairs, such adjustments need to be identified and included in Section 8 (Additional
Comments) of the Report. Any estimate of costs to repair as provided by the Valuer must
be confirmed by an appropriate expert.
The Valuer should state that the valuation figure, based on the current condition of the
subject property, is conditional upon the cost of rectification (to be advised by another

P R OPE R T Y P R O SUPP O R T IN G MEM OR ANDU M

16.1 .7

P R OP E R TY P R O S UP P OR TI N G M E M OR A N D UM

ITEM

REQUIREMENT
expert) being considered so as to be able to conclude the valuation.
Furthermore, the Valuer should recommend that any such defect / fault be thoroughly
investigated including the cost of rectification of the fault (by an appropriate expert),
prior to any loan fund advance. In this way, the Valuer is warning the lender-client/LMI
that any figure stated in the Report is subject to a cost deduction or adjustment from the
figure provided once another expert report is obtained.
Relevant comments to be included in Section 8 (Additional Comments) of the Report.
r

reflects the current condition of the subject property.

TBE (To Be Erected)/ Extension/Renovation --- Please Note TBE s are to be the subject of a separate review.
TBE will show and applies only where a building project is involved, ie a new building. A
separate heading is available for an extension or substantial renovation. The valuation
pr
Report provided that the material/information as noted elsewhere in this Supporting
Memorandum is provided/supplied to the Valuer. In each case the builder s name and
building contract or tender details should be shown.
Check Cost

A Check Cost will only be provided by the Valuer where the Valuer has adequate cost
indicators for that style of construction. The purpose is primarily to identify if the tender
is broadly in line with market costs. It is not expected that a detailed costing will be
conducted. If the Check Cost is significantly different to the tender then this matter will
be drawn to the lender-client s/LMI s attention.

Information Supplied

The lender-client/LMI must request that the borrower provide copies of all Council
approved documentation/plans and specifications and inform the Valuer whether such
documents, plans and specifications will be provided and, if so, by whom and when.
The Valuer should indicate what information has been supplied including an indication as
to whether the plans and specifications
r

2. RISK ANALYSIS
The risk analysis in the Report format is the Valuer s assessment of the current impact on the subject property of a number
of specified factors presented in a numerical/graphical format.
The purpose of risk ratings is to alert the lender-client/LMI to anything that is readily apparent and known to the Valuer at
the date of valuation and that may impact on the current market value or marketability of the subject property, limited to
the Valuer s area of professional expertise.
Risk Ratings are an indicator only and should not be relied upon alone in lending considerations.
Any significant adverse issue mentioned in the body of the Report should be flagged via the Risk Ratings.
This is a simplified analysis based on the current experience and knowledge of the Valuer and is not a technical analysis.
The lender- client/LMI cannot expect that the Valuer brings to the task any greater level of common knowledge or ability
to foresee events than can be expected of persons experienced in the market for that class of property in its market
place (which may be local or broader). The risk analysis is the product of the current experience of the Valuer based on
information that is common knowledge and/or readily ascertainable in the market for that class of property in its market
place. The risk analysis does not reflect information that is privileged or to which the market for that class of property in
its market place does not have ready access and it does not reflect decisions, announcements, releases, articles and the
like that the Valuer has not had reasonable time and opportunity to assess and consider, or would in the ordinary course of
acting as a valuer with respect to PropertyPRO valuation instructions become aware of or have access to. Subject to these
limitations, the risk analysis indicates the level of adverse impact each stated aspect has on the subject property s value and
marketability as at the date of valuation. In the case of higher level ratings, it can also provide an indicator of the presence
of relevant comments in Section 8 (Additional Comments) of the Report.
Lender-clients/LMIs are encouraged to discuss Risk Ratings no matter at what level they are with the Valuer.

16.1 .8

AN Z VA LUAT I ON A ND P ROPE R T Y STAN DARDS

P R OP E R TY P R O S UP P OR TI N G M E M OR A N D UM

ITEM

REQUIREMENT

.... Risk Ratings

Risk Ratings focus on four property-specific aspects and four market-related aspects.
Each of these aspects can involve consideration of a range of elements relative to it.

. . . level of adverse impact or risk

It is accepted that each aspect is likely to have some possibility of adverse impact or risk,
however low or nominal. The assessment of the level of adverse impact or risk includes
assessment of both the probability and consequence of the risk.
..... the risk ratings

The ratings which are outlined below the bar graphs are:
--- Low --- no readily identifiable adverse issue
- Low to Medium --- minor adverse issue only not warranting comment
--- Medium --- there is an adverse issue for the lender-client/LMI to note
- Medium to High --- there is an important adverse issue in the Report for the lenderclient/LMI to consider before relying upon the Report
- High --- there is an extremely important/urgent adverse issue in the Report that could
have a major impact on the current value and/or marketability of the subject property

Comments) of the Report.

As outlined above, for the purpose of the Report, the risk rating reflects the Valuer s
assessment of the level of adverse impact the stated aspect has upon the current value
and/or marketability of the subject property.

Underlying Principles When Applying Risk Ratings

o

Risk ratings address the likely level of adverse im pact each risk aspect has on the subject prope rt y s
cur rent value and/or m arketabilit y. For the purpose of the Report, the risk rating reflects the Valuer s
assessment of the level of adverse impact the risk aspect may have upon the current value and/or marketability
of the subject property and/or the currently known perceived level of adverse impact the risk aspect could have
on the current value and/or marketability of the subject property.

A high risk rating is not necessarily intended as a

t
advice. Valuers are in the property
valuation business, not the lending business and as such a Valuer s role is to flag potential risk issues that are
apparent at the date of valuation and which might impact on the current market value of the subject property.

and
V
are m utually exclusive and m ust be asse ssed inde pe nde nt ly of e ach
other. Market Value represents the price that could reasonably be expected to be achieved from the sale of the
subject property at the date of valuation (as defined in the Australian and New Zealand Valuation and Property
Standards Manual). Risk Ratings represent the level of adverse impact each stated risk aspect might have on
the subject property s current value and/or marketability. It is not appropriate to adjust the market value to
achieve a desired risk rating.

Risk ratings should reflect the cur rent status of the subject property w ithin the broader eco no m y
and property m arket. They should not reflect general/macroeconomic/property market fluctuations. Broader
economic and property market conditions should be discussed elsewhere in the Report. The reason being is
that the purpose of risk ratings is to highlight likely under performance of a particular asset not the general
performance of the market.

P R OPE R T Y P R O SUPP O R T IN G MEM OR ANDU M

16.1 .9

P R OP E R TY P R O S UP P OR TI N G M E M OR A N D UM

A risk should only be assessed once under a single risk aspect. While a risk may logically fall under a
couple of risk aspects, it could be interpreted as there being several issues with the subject property when
realistically there is only one issue of concern.

Risk Rating User Guide

o

The following provides a guideline on the allocation of risk ratings. The guideline is just that, a guideline only,
and is not meant to deal with every situation but rather to provide some consistency in how risk ratings are
applied more so from an interpretative point of view.

Market Risk Ratings

r
requires further comment when what is happening in the curr
is consistent with the requirements that apply to other risk ratings. A Valuer is not required to and must not provide any
advice or opinion in relation to the possible value of the subject property at any time in the future.
The below graphic is included for illustrative purposes only and should not be relied upon to interpret any provisions of this
Supporting Memorandum but is provided to assist the V
r

4. Moderate Volatile Prices - known strong

increase in sales prices from previous sales
that have occurred in the last 18 months
with known early signs of decline.
3. Low Volatile Prices - known increase in
sales prices from previous sales that have
occurred in the last 18 months with known
early signs of flattening.

2
1

5
4

5. High Declining / Heated Market significant number of sales with known

significant price decline.

4. Moderate Declining Prices known sale prices in decline.

3. Low Declining Prices - known

sale prices in decline however
early known signs of the market
beginning to stabilise.

2. Strengthening Prices - known

early signs of sale prices
increasing / known increase in
sales prices from previous sales
that have occurred in the last 18
months

1. Stable Prices - known minimal

variation in sale prices from
previous sales that have occurred
in the last 18 months.

Any lender-client/LMI that has any concerns no matter how minor such concerns may be as to the various risk analysis
ratings contained within a Report must submit in writing to the Valuer an explanation of those concerns and allow a
reasonable period of time for the Valuer to comment on those concerns. No request(s) to a Valuer for change(s) to the Risk
Ratings can be made by any lender-client/LMI other than in writing, and specifying reason(s) for such change(s), and the
Valuer reserves the right to consider, agree and/or reject such request.

1 6 . 1 . 10

AN Z VA LUAT I ON A ND P ROPE R T Y STAN DARDS

Property Risk Ratings

Locatio n / Ne ig h b o u r h o o d

Land (includ ing planning, t it le )

Environm e ntal Issue s

Im p r o v e m e nt s

o Reflects an overall rating for these two

aspects.

o Covers a range of environmental issues

including any significant, observable, visual
and/or known defects, hazards or site
contamination.

o Refers to all improvements, whether the

main building or ancillary improvements(and
for a TBE - Proposed Dwelling, Extensions or
Renovations, would include concerns about
aspects of the project or tender).

o Nothing at all to suggest there may be

environmental issues.

o Relatively new home / ancillary improvements

or a fully renovated home with sound layout,
design, and appearance. Certificate of
completion or certification sighted.

o Minor environmental issues not warranting

comment such as overgrown vegetation,
insects, etc.

o Existing home or ancillary improvements

with normal wear and tear not warranting
comment.

o Property near or affected by main road, train

line and moderate traffic noise.

o Works requiring completion, including TBE.

o Poor vehicular access.

o Known 100 year flood water in yard but not

in the house.

o Dwellings with unusual layout or design.

o Issues with utility services.

o Storm surge area.

1 - Low risk

Refers to the quality of the neighbourhood

combined with the location with respect to
amenities and facilities.

o Sought after residential areas.

o Prestige locations including but not limited to
CBD and/or inner suburbs.

No readily identifiable adverse issue

o Standard suburban location.

2 - Low t o m edium risk

o Less preferred parts of suburban areas, but

still nearby to all facilities and amenities.

Land in this instance refers not only to the

land physically, but also to access, services,
planning and title.

o This is measured relative to the market the

subject property is in.
o Block is freehold, near level and regular
shaped.
o Title and plan of subdivision sighted.
o No apparent adverse issues.
o Residential zoning.

o Stable residential areas.

Minor adverse issue only not warranting

comment

o No title and plan sighted.

o Battle axe / narrow fronted block.
o Minor encumbrances, easements or
encroachments but little affect on current
marketability and/or value (eg storm water/
sewerage access points).
o Perpetual Leases.

3 - Me dium r isk

o Secondary locations.
o Limited facilities and amenities.

There is an adverse issue for the lenderclient/LMI to consider before reliance

upon the Report

o Proximity to other housing improvements of

inferior market quality.
o Proximity to cemeteries.
o Proximity to correctional centres.

o Irregular block shape or moderate sloping

land causing increased building costs. Split
level blocks.

o Moderate encumbrances, easements or

encroachments that may adversely affect
current marketability and/or value (eg power
line).

o Repairs and maintenance required.

o Owner built and of a lesser standard to a
tradesman built home.
o Any evidence of past termite damage
(recommend sighting a current pest
certificate).
o Presence of asbestos, but not unusual in this
market.
o No evidence of approvals.

4 - Me dium t o high risk

o Non sought after.

o Uncomplimentary surrounding development.
o Proximity to non-residential property uses.

There is an important adverse issue in the

Report for the lender-client/LMI to
consider before reliance upon the Report

o Remote from major facilities and amenities.

o Market stigma to area.
o Dwellings in industrial areas.

o Leasehold title where there is relatively poor

security of tenure eg a limited leave period
tenancy.
o Major zoning restriction (eg current use does
not comply with planning, zoning).
o Very steep land and costly to build on,
possible geotechnical issues.

o Property adjacent to or affected by airport,

major arterial roadway, train line, major traffic
noise, transmission lines, service stations,
electrical substation, etc.

o Gutted building.

o Known 100 year flood water would enter the

house.

o Possible building code issues (eg low ceiling

height)

o Bushfire risk.

o Damage by fire, flood.

o Construction issues, including observable

unstable asbestos.

o Obvious or suspected active termites

(recommend a pest report and treat the cost
to repair as a discount to present value).

o Access issues (eg by ferry only).

o Appears constructed too close to boundaries.

o Dwellings with less than 50m living areas.
o TBEs where the progress payments are frontend loaded.

5 - High risk

o Adjoining major industry.

o Isolated community.

16.1.1 1

There is an extremely important / urgent

adverse issue in the Report that could
have a major impact on the current
value and/or marketability of the subject
property for the lender-client/LMI to
consider before reliance upon the Report

o Market attracts a poor perception to this

area.
o Other extreme risk.

o Does not comply with planning, zoning etc

(eg very little chance a house could be built).

o Known site contamination from a previous

land use (industrial or land fill).

o Evidence of major detrimental structural

faults or issues.

o Cultural heritage issues.

o Evidence of soil contamination or radioactive

material.

o Other extreme risk.

o No or extremely difficult access.

o Affected adversely by any current or
known future authority proposals and/or
requirements.
o Other extreme risk.

o Next to a polluting industrial site.

o Other extreme risk.
o Property adversely affected by mining
subsidence.
o Property affected by coastal erosion.

o Observable exposed asbestos / friable

asbestos.

P R OP E R TY P R O S UP P OR TI N G M E M OR A N D UM

P ROPE R T Y P R O SUPP O R T IN G MEM ORANDU M

Risk Rat ing

Market Risk Rat ings

Rece nt Market Direct io n (p r ice )
A brief note of the recent direction (and
strength) of movement in prices.

Mar ket Vo lat ilit y

Local Eco no m y Im p a ct

Mar ket S eg m e nt Co nd it io ns

(changes in direct ion r ap id ly )

The extent to which a significant change in the

local economy is impacting adversely and/or the
risk that it may impact adversely on the value of
the subject property.

The extent to which the condition of the market

in this particular market segment is impacting or
may impact adversely on the subject property.

The risk of significant adverse impact on the

value of the subject property of the market
changing direction rapidly.

1 - Low risk

o Stable prices.

Refers to the relevant market segment.

Refers to the economy (population, employment

and services) within that location.

o Stable market.

o Local economy stable

o Local economy is broad based and not overly
exposed to only a few strong sectors.

o A readily available property with plenty of

comparable sales and expected selling period
of up to 6 weeks or thereabouts where
demand is underpinned by the more stable
owner occupier market.

No readily identifiable adverse issue

2 - Low t o m edium risk

o Strengthening prices.

o Subject to normal market cycles

o Normal fluctuation in local economy (ie.

construction and tourism)

o Standard property with comparable sales

within the last 6 months and normal
expected selling period of up to 3 months.

o Low volatile prices.

Historically market has gone through 1 cycle

outside the wider market in the last 10 years ie
as seen with apartments and investment grade
properties - as supply can change quickly

o Above average fluctuation in the local

economy.

o Unique property with longer marketing

period of up to 6 months.

Minor adverse issue only not warranting

comment

3 - Me dium r isk

o Low declining prices.

o Limited sales evidence within the last 6

months.

There is an adverse issue in the Report for

the lender-client/LMI to consider before
reliance upon the Report

AN Z VA LUAT I ON A ND P ROPE R T Y STAN DAR DS

4 - Me dium t o high risk

o Sales evidence suggests a fairly broad range

in value.
o Over capitalisation.
o Moderate volatile prices.
o Moderate declining prices.

o Historically market has gone through 2 cycles

outside the wider market in the last 10 years.

o Significant fluctuations in the local economy

(ie as occurring in mining, rural or drought
exposed industries).

There is an important adverse issue in the

Report for the lender-client/LMI to
consider before reliance upon the Report

o Unique property with longer marketing

period of up to 12 months.
o Limited sales evidence within the last 12
months.
o Market largely driven by interstate/overseas
investors and/or other factors.
o Sale not in line with local market.
o Inflated contract price.

5 - High risk

There is an extremely important / urgent

adverse issue in the Report that could
have a major impact on the current
value and/or marketability of the subject
property for the lender-client/LMI to
consider before reliance upon the Report.

o High declining/heated market.

Historically market has gone through 3 cycles

outside the wider market in the last 10 years.
Other extreme risk.

o Significant decline evident in the local

economy.

o Long marketing period expected of over 12

months.

o Other extreme risk.

o Thinly traded market and hard to find a

buyer, and there are no recent comparable
sales.
o Inflated contract price over 10%.
o Note: Do not use a 5 if the area is thinly
traded due to it being tightly held and highly
desired by the market.
o Other extreme risk.

P R OP E R TY P R O S UP P OR TI N G M E M OR A N D UM

16.1.1 2

Risk Rat ing

P R OP E R TY P R O S UP P OR TI N G M E M OR A N D UM

3. Valuation & Assessments Summary

The valuation will be carried out in accordance with the General Concepts, Principles and Definitions section of the
Valuation and Property Standards Manual and the Practice Standards and Guidance Notes of the API contained within the
guide from time to time. The comments below relate specifically to the Report.
Market Value

A single figure amount is recorded for the Market Value in line with traditional valuation
practice. The figure will normally be arrived at after consideration of several valuation
approaches such as Sales Comparison and Summation. Immediately above the Market
Value is an apportionment of that value into its main components - the value of the land
and the added value of the improvements. For Strata Title property a single value only is
recorded, as an apportionment is inappropriate.
As an additional security measur

rovided in words.

The Market Value assessed by the Valuer relates to the market conditions existing at the
date of valuation (which will normally be the date of inspection).
(Chattels)

Rental Assessments

Insurance Assessment

PropertyPro valuations include the following chattels:

o

fixed floor coverings,

window coverings, and

light fittings.

Rental Value Unfurnished. This reflects the most probable market rental for the property
assessed in the same condition as the property is valued. The rental is not to include rent
for furniture unless:
o

a charge is held over the items,

the charge is sighted by the valuer,

a copy is annexed to the report, and

the Valuer makes specific note of the inclusion of furniture in the Section 8
(Additional Comments) section of the Report.

Replacement Insurance. This is an assessment of an insurable sum under replacement

and reinstatement conditions. This would normally include:
o

estimated current construction cost,

provision for cost escalation during period of insurance and rebuilding process,

allowances for demolition and clean up, and

professional fees.

Cost of alternative rental accommodation is not included.

Where a TBE, Extension or Renovation is involved, the assessment for Replacement
Insurance should include the proposed work.
No assessment is provided for a strata unit as insurance will normally be the responsibility
of the Body Corporate for the whole development.
It is agreed that Valuers are not experts in construction, construction costs and/or
engineering matters and therefore where applicable an appropriate qualification, relating
to Valuers not being experts in construction, construction costs and engineering matters,
will be impliedly included in the Report unless expressly done so.

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Recommendation

The decision as to the suitability of security for a lending transaction and/or a mortgage
insurance transaction is a commercial decision for the lender-client/LMI. That decision
must not only be based on the content of the Report but should also extend to other
factors beyond the subject property itself.
However, a lender-client/LMI may ask the Valuer for further comment as to whether
the subject property itself, as observed, is in a satisfactory condition both internally and
externally, and is habitable and readily saleable at the assessed market value.
Should the subject property have any observable and/or or readily known easements,
restrictions, environmental, planning or heritage issues and/or building defects that
potentially affect marketability the Valuer must recommend further investigation by the
lender-client/LMI (with comment in Section 8 (Additional Comments) of the Report). This
does not relieve the lender-client/LMI from drawing to the Valuer s attention such matters
known or readily ascertainable by the lender-client/LMI.
If instructed to pr
utilised.
The following are clear examples of where a Valuer must comment that a subject
property is not in a satisfactory condition.
o

Uninhabitable (includes no serviceable bathroom or kitchen)

No utilities to the subject property

It is not appropriate for the Valuer to recommend a loan to value ratio (LVR) or
percentage to advance.
Lenders Reference to Valuer

The lender-client/LMI must obtain documents (whether on the recommendation of

the Valuer or not), which may reveal matters not disclosed in the Report. If they might
impact on the content of the Report (such as the value, marketability or risk analysis),
they must be referred back to the Valuer for further consideration, comment and
confirmation or otherwise of the valuation.
While the Report may identify or comment on various aspects to alert the reader to
various issues, it is not a substitute for recommended reports by appropriate experts,
specialists or authorities..

Documents to Sight

This section will ask a yes / no question in relation to documents to be sighted by the
lender-client/LMI.
Subject to what is contained herein, all documents necessary for the Valuer to provide
a Report must be provided by the lender-client/LMI. However, if unable to obtain such
in Section 8 (Additional Comments) of the Report subject to the other provisions of
this Supplementary Memorandum. The below table provides guidance (only) of when
documents should be obtained/sighted by the lender-client/LMI after receipt of the
Report and prior to reliance and before entering into a loan or mortgage transaction. It
is not exhaustive.
In all cases where a document should be provided, if the Valuer feels that it may contain
information that may affect the value of the subject property, this should be drawn to
the lender-client s/LMI s attention.
The provision/identification of the following documents are entirely subject to the other
provisions of this Supporting Memorandum.

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Document

Examples When It Should Be Recommended

Contract of Sale --- Full Copy

o When the subject property is under contract and the full contract of sale
has not been sighted by the Valuer.
o Chattels are included in the sale.
o When the Valuer suspects rebates, a lesser purchase price other than
referred to in the Contract, or other issues that may affect value.

Building Inspection or Engineer s Report

Building Certificate and Approvals
Council Approved Plans

o Observable structural issues are identified in the improvements.

o When extensions to main building do not appear to comply with building
regulations.
o If the Valuer suspects the buildings are non-approved.
o If only a preliminary plan has been provided for a TBE valuation.

Building Contract
Certificate of Occupancy

o Any time a TBE valuation, including alterations and/or renovations, is

complete and the building contract has not been provided
o For all TBEs.
o If doubt exists about whether the dwelling has final council approval.

Full Specifications

o Anytime a TBE valuation is complete and the building contract has not
been provided or when not all details supplied.

Plan (or proposed plan) of Subdivision

o When the Valuer suspects issues may be revealed that may affect the
value.

Certificate of Title

o When apparent or suspected significant encumbrances have been noted.

o When the subject property is valued from proposed or preliminary plans.

Site Survey
Heritage Status
Zoning Certificate
Flood Search
Asbestos Report

Contaminated Land Search

Pest Inspection
Body Corporate / Community Management
Statement
Management Agreement
Leased Documents
Deposited Plan
Strata Plan

o When encroachments are suspected.

o When the subject property may have heritage issues.
o When the subject property may have zoning issues or the zoning is
uncertain.
o When the subject property may have flood issues that cannot be
quantified and need to be.
o When the improvements may have observable unstable asbestos,
including but not limited to observable disturbed/broken/friable asbestos
materials.
o When the subject property may have contamination issues.
o When the subject property may have termite or other pest issues.
o Whenever a unit is valued and the Community Management Statement
has not been sighted.
o Only when the unit is in a rental pool.
o When a lease is in place and it is considered to affect value or risk.
o When the Valuer suspects issues may be revealed that may affect the
value.

Crown Plan
Title Plan
Mining Subsidence

o When the subject property is located on old mining sites.

Should a Valuer not have sighted all the documents necessary for the final completion and provision of the Report, the
Report should indicate what the Valuer has / has not been provided with and be qualified accordingly.

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Signing of Valuation Report

Section 1.6 above refers.

In signing a Report the primary signatory will state:
I hereby certify that I personally inspected this property on the date below and have
carried out the assessments above as at that date. Neither I, nor to the best of my
knowledge, any member of this firm, has any conflict of interest, or direct, indirect or
financial interest in relation to this property that is not disclosed herein.
In stating that a Valuer has personally inspected the property, this means an external and
internal inspection of such which must be sufficiently comprehensive to enable a Valuer
to complete the valuation in accordance with accepted valuation practice at law.
The counter signatory, who undertakes a Review will state:
Whilst not having inspected the property, I have reviewed the draft valuation and
working papers, and based upon that review and appropriate questioning of the Valuer
obtained reasonable satisfaction that the value opinion contained in the valuation has
been reached, based on reasonable grounds.
The Report will also state:
This Report is for the use only of the party/s to which it is addressed for first mortgage
purposes only and is not to be used for any other purpose. No responsibility is accepted
or undertaken to third parties in respect thereof. No responsibility is accepted or
undertaken in the event that the party/s to which it is addressed use this Report for any
other purpose apart from that expressly outlined above.
It should be noted the party/s as agreed may or may not include the LMI or such other
agreed party although no such assumption of responsibility will occur on the part of the
Valuer unless the Valuer gives a written consent to the LMI or such other agreed party
being able to rely upon the Report and strictly pursuant to the terms of the Supporting
Memorandum.
Should the lender-client/LMI provide a copy of the valuation to interested/third parties
without the written approval of the Valuer, no responsibility is accepted for the valuation
by the Valuer.
The Report will further state:
This Report is made in accordance with the PropertyPRO Residential Valuation and
Security Assessment Pro-forma Supporting Memorandum and must be interpreted with
that Memorandum. The agreed parties are bound by the provisions of the Supporting
Memorandum. The Supporting Memorandum is available at [Link] .

Transmission of Reports

When Reports are transmitted electronically, a Valuer must take all reasonable steps to
protect the integrity of the data/text in the Report and to ensure that no errors occur in
transmission.
The Valuer should ensure that the digital signature(s) is/are protected and fully under the
Valuer s control. A signature affixed to a Report electronically is considered as authentic
and carries the same level of responsibility as a written signature on a paper copy Report.
A true electronic and/or paper copy of an electronically transmitted Report must be
retained by the Valuer for the period required by law in his or her jurisdiction. Files of
the records of electronically transmitted Reports may be kept on electronic, magnetic, or
other media.
Where a Valuer proposes to provide a Report to a lender-client/LMI in an electronic
format, the Valuer must:

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(a) obtain the lender-client s/LMI s prior consent to send the document electronically (as
opposed to sending a traditional paper-based document); and
(b) agree with the lender-client/LMI on acceptable types of electronic signature to be
used to sign the Report.
Before relying upon the Report and entering into any lending transaction/mortgage
insurance policy with a borrower/mortgagor, a lender-client/LMI must read and fully
understand the entire Report and also ensure that the signatory provisions on the Report
are as agreed and/or consistent with any general instructions issued as between the
lender-client/LMI and the Valuer.
Draft Reports must not be requested or issued.

4. THE LAND
Property Identification

This is to provide an indication of the means, other than street address, by which the
subject property has been identified where this is the case. Where no such means
other than street address has been used, the V

Valuers are not experts in survey matters and therefore no part of the Report should be
construed as a survey report. If the Valuer s inspection indicates there is a reasonable
possibility of any encroachment over easements or boundaries, a lender-client/LMI must
obtain a survey report to clarify the issue following which it must provide that survey
report to the Valuer. Reliance upon the Report without such a survey report will not be
considered reasonable reliance and the Valuer will not have assumed responsibility for
the valuation in such a circumstance.
Has title search been sighted?

Subject to what is contained herein, this requir

the lender-client/LMI if the Valuer has had the benefit of viewing a Title Search, however
obtained. However, it is not the responsibility of the Valuer to carry out a Title Search,
nor is it the responsibility of the Valuer to consider issues/matters referred to in that Title
Search other than those that might obviously affect value even if the Valuer is not fully
qualified to ascertain how such affectation may occur.

Zoning Effect

Subject to what is contained herein, it is the Valuer s responsibility to report upon

whether the development/improvements conform with the permitted development and
town planning use requirements. The Valuer should also report upon whether or not
the zoning as applicable has any likely significant adverse affects on the subject property
and any known proposed rezoning directly and indirectly affecting the subject property
should be noted.

Location

This requires a statement as to the position of the subject property relative to the nearest
town centre (CBD) and, if not a significant town, distance to the nearest main town or
regional centre. It should indicate distances from other features such as schools, public
transport and beaches. It does not require a description of the locality (this is provided

Neighbourhood

This requires a description of the immediate locality and neighbouring development,

drawing particular attention to any positive or negative features or aspects that impact
on the value or marketability of the subject property including significant demographic
changes.

Site Description & Access

This requires a brief description of the shape and topography of the site, its relationship
to road level, its suitability for building, its aspect and any significant views, adverse
r
relevant. Access should be described if difficult legally, physically
or due to traffic.

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Services

Requires notation of the utilities connected to the site or those provided on-site such
as septic, bottled gas or tank water. It also requires detail on street surfacing, kerbing
usual services ar
acceptable.

5. MAIN BUILDING
Valuers are not construction/building experts and their responsibility in respect to construction, building and engineering
issues is therefore to provide comments as to visual/observable issues or other issues drawn to their attention.
Style

This comprises a two-part description defining the building in terms of its number of
levels and/or elevation and degree of attachment, eg split level detached; two storey
terrace; high rise part floor; high-set multi-level detached, etc. Other style aspects such
as architecture or period, can be noted in Section 8 (Additional Comments) of the Report
if the Valuer considers this relevant.

Street Appeal

This relates to the kerb-side appeal or attractiveness of the building. For consistency,
it has a five level rating ranging fr
describe its presentation, which is reflected mor
r

Main Walls & Roof

This refers to the construction material of the walls (eg full brick, brick veneer, timber or
fibre cement cladding). The roof may be described as flat or pitched, with examples of
cover being corrugated iron, terracotta or concrete tiled.

Window Frames

Describe construction material of frames (eg aluminium or timber)

Main Interior Linings

If there are numerous interior linings used, only the dominant ones are noted. Any
featur
res & Featur

Flooring

Describes type of construction (eg timber floorboards, concrete slab, particle board, etc).
Comment on floor finishes may also be appropriate in the fixtures and features section if
tiled, paved, polished, carpeted etc.

Internal Condition

For consistency, this has a five level rating ranging fr

reflects
both repair and apparent physical condition including cracking and movement.

External Condition

For consistency, this has a five level rating ranging fr

reflects
both repair and apparent physical condition including cracking and movement.

Accommodation

Number of bedrooms is stated first, followed by number of bathrooms (includes

ensuites), other main rooms, then service or utility rooms and outdoor areas.

Interior Layout

Refers to practical layout and flowing floor plan or unconventional and impractical floor
plan.

PC Items

A list of the Prime Cost Items preferably starting with those in the kitchen, then laundry,
bathroom(s), toilet and others servicing the whole building such as hot water service, air
conditioning and ducted vacuum cleaner.
rovisional
rniture, etc). These can, if unusual or
particularly expensive, be included in Fixtures and Features.

Fixtures and Features

A list of built in items (such as cupboards and robes) and main feature finishes (such as
non-wet area tiled floors and wood panelling).

6. ANCILLARY IMPROVEMENTS
A list of ancillary impr
items such as in-ground pool, tennis court, shed, etc., followed by secondary ancillary
items such as fencing, paving, driveway, landscaping.

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7. SALES EVIDENCE & THE MARKET

PropertyPRO is specifically designed to assess the market value of a single residential property to be held as security for first
mortgage purposes. As such its value must be assessed on the basis upon which it is, or is intended to be, held as a security.
In principle this means that when applying market value such value would represent selling practices that would normally
apply to an individual owner selling an individual residential property.
Sales Evidence

The sales evidence in the Report should, subject to what is set out elsewhere in this
Supporting Memorandum:
o Include a minimum of three sales of properties considered by the Valuer to be
comparable properties; and
o

Be within six months of the date of valuation; and

Be within 15% (plus or minus) of the market value adopted in the Report.

Comparable properties should be, as far as reasonably ascertainable, of similar type,

location, age, condition and size to the subject property.
Where this is not achievable (that is, where there is limited or no sales evidence of
comparable properties) a Valuer must provide additional and specific comment in relation
to sales evidence. A Valuer should advise what adjustments have been made and the
basis of comparison in Section 8 (Additional Comments) of the Report (eg dated sales or
out of area sales).
When considering sales evidence for new home units, where possible, a Valuer must
provide a minimum of three sales external to the subject development. This does not
mean that sales in the subject complex be discarded, but that they need to be compared
against the market.
A Valuer should consider the following secondary information and, as a minimum retain

Contracts for sale that have been entered into but not completed

Developer sales that are from the same development and not settled

Properties currently on the market

Any other matters not considered to be secondary sales information but which a
reasonably competent valuer, in all the circumstances, would consider relevant.

Brief Comments

Each comparable sale should be briefly described. A Valuer has a duty to at least
externally inspect all comparable sales relied on in the Report and to undertake adequate
and proper analysis and adjustment of the information obtained from such external
inspection.

In Comparison to Subject

In reconciling between the subject property and sales of comparable properties the
Valuer should consider issues addressing location, land and site improvements. The
Valuer needs to draw a conclusion as to whether each sale of comparable property is
overall superior, similar or inferior.
It is acknowledged and agreed by lender-clients/LMIs that use of the terms
re used in the Report do not constitute a representation(s) as to
the extent of such inferiority, superiotity or similarity of properties referred to in the
Report as comparable sales. A Valuer at his/her discretion may provide a comment as to

Comment on the overall comparability of each sale of a comparable property in relation

to the subject property. Where appropriate, the Valuer should consider the location,
view, accommodation, topography, aspect, improvements in terms of size, quality,

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age, condition and design, shape and size of site area and other relevant features. In
addition, home unit comparison should include level/floor, number of units in complex
and strata area (living and total) for the comparables.
For consistency and clarity, the comparison should be made between the comparable
property compared to the subject property (not the other way around). Subject to what
is contained her
the comparable property is generally inferior to the subject property. Where warranted,
it should also contain a brief note of any major differences not apparent from the
descripti
Under Brief Comments below, Valuers are required to provide as full as description of the
construction type as is reasonably observable during the inspection or subsequent further
inspection and enquiry.
The table below is included for illustrative purposes only and should not be relied upon
to interpret any provisions of this Supporting Memorandum but is provided to assist the
Valuer in determining what information to include when outlining the sales evidence
portion of the Report.
Address

Sale Date

Price

Brief Co m m e nt s

In Com parison to Subject

58 Wallaby Street,

14/09/2010

$455,000

A circa 2010, brick, 4 bedroom, 2

Slightly superior location,

bathroom, single residence with concrete

slightly inferior land area, similar

tile roof. Areas: living - 196 sqm; land -

street appeal, inferior overall

526 sqm. Parkland views.

improvements. Overall inferior.

A circa 2008, brick, 3 bedroom, 2

Slightly inferior location, similar

bathroom, single residence with concrete

street appeal, inferior overall

tile roof. Areas: living - 198 sqm; land -

improvements. Overall inferior.

Smithville

12 Wombat Way,

13/08/2010

$475,000

Smithville

600 sqm.
85 Numbat Street,

12/07/2010

$510,000

Smithville

6 Eagle Street,

22/08/2010

Smithville

$540,000

A circa 2007, brick, 4 bedroom, 2

Inferior location, superior

bathroom, single residence with concrete

land area, slightly inferior

tile roof. Areas: living - 220 sqm; land -

street appeal, similar overall

755 sqm. Ancillary impts include below

improvements, superior site

ground pool.

improvements. Overall superior.

A circa 2006, brick, 4 bedroom, 2

Slightly inferior location, similar

bathroom, single residence with

street appeal, similar overall

colorbond roof. Areas: living - 218 sqm;

improvements, superior site

land - 690 sqm. Ancillary impts include

improvements. Overall superior.

below ground pool.

Sale of subject property

Where a sale/s of the subject property has occurred in the past 3 years, it must be noted.
Specific comment should be made by the Valuer if a current sale is not considered to be
in line with the market or is known to be affected by special circumstances or incentives.
Subject to what is contained herein, the Valuer may not (be able to) sight a copy of
the contract. If the lender-client/LMI is aware of special circumstances or incentives,
the Valuer must be supplied with details by the lender-client/LMI and may be asked to
comment.
It is a requirement that a V
r
property, subject always to the date of such purchase. The Valuer is expected in such
consideration to also have regard to other sales of comparable properties in determining
the weight that the V
r
roperty as
representing the best evidence of the subject property s market value.
Where the valuation varies significantly from a current or recent sale of the subject
property, the reasons should be outlined in Section 8 (Additional Comments) of the
Report.

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Level of Market Activity

A brief note to describe the level of existing/current and known market activity as an
indicator of the condition of the market. Adverse market conditions will reflect in the risk
analysis and should be further commented on within the requirements of that section.
As a guide only but for consistency the following are reflected in drop boxes identified
below as part of the Report.

Descr iption
Strong Sales Activity

Ex planat ion
--- Undersupply
--- Very short selling periods (that is less than 30 days)
--- High auction clearance rate
--- High levels of optimism

Strengthening Sales Activity

--- Signs of sales volumes increasing

Sales Beginning to Strengthen

--- Early signs of sales volumes increasing but difficult to quantify

Stable Sales Activity

--- Auction clearance rates at long term averages

--- Activity approximating long term average for area
--- Average selling period of circa 30 to 60 days
--- Balanced supply and demand

Sales Beginning to Weaken

--- Early signs of sales volumes declining but difficult to quantify

Weakening Sales Activity

--- Signs of sales volumes declining

Limited Sales Activity

--- Rebates being offered

--- Oversupply
--- Lengthening selling periods (that is, greater than 12 months)
--- Little enquiry level
--- General market pessimism

Selling Period > 6 months

Y
required. If the selling period is expected to be greater than
6 months further comment is required in Section 8 of the Report, advising why the
extended period is necessary.
In line with the market segment conditions of the risk ratings, as a minimum, such
properties should have a 4 medium to high risk rating.

Is the sale in line with Local Market?

Y
requir
Y
Valuer is confirming that the sale price
of the subject property is based on evidence that is reflective of informed purchasers and
realistic marketing conditions or strategies as is commonly known at the time and such
as would be readily available to an individual owner on resale. In other words What the
subject property could be expected to sell for if offered as an individual property through
a competent local agent adopting a marketing strategy that would normally apply to a
property of this nature being marketed as an individual property .
Contract of Sale

This requir

r
Where the contract of sale has not been sighted
by the Valuer it is a requirement that any party relying on the Report undertake their
own enquiries to obtain a full copy of the Contract for Sale to read and consider and
to ensure there are no special circumstances or incentives which may affect the market
value of the subject property.
The Valuer is to provide comment in Section 8 on what has been provided / relied upon.

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8. ADDITIONAL COMMENTS
re. Additional comments can be made about the content of
other sections of the Report but it should be a comment that enhances or elaborates on what has already been provided
and not merely repeats what has already been stated. This section can be expanded on to another page if necessary. It can
also be used to explain any unusual aspects that the Report format does not specifically address.
Comments can be in either narrative or dot point form.
As a protocol the comments should follow the order below:
-

Risk Rating commentary

Property commentary

Market commentary

Additional comments

9. IMPORTANT NOTES AND QUALIFICATIONS

Nom inated Additional Partie s
This section appears only if it contains information. If the instructing lender-client/LMI requires the Report to nominate
others as additional parties who may rely on the Report, and subject to the Valuer s written consent to such requirement,
they must be stated in this section.
Report Clarification - Am ended Re port
A Report once submitted cannot be altered or amended without a specific written request by the lender-client/LMI in
relation to a concern about the Report and in particular the Risk Ratings. After provision of the Report by the Valuer to
the lender-client/LMI and before any reliance thereon by the lender-client/LMI, if the lender-client/LMI would like the
Valuer to undertake additional enquiries, the lender-client/LMI must inform the Valuer in writing. If additional enquiries
or investigations are undertaken and identify matters different to those outlined or assumed in the Report or which clarify
or enhance the Report, the Valuer reserves the right to alter the content of the Report, if required. Should this occur, an
Amended Report must be issued with a note that the original Report is withdrawn and all copies of it must be returned to
the Valuer.
When amending a Report, the Valuer must ensure the wor
the document.

re clearly marked on the front page of

Furthermore, if parties entitled to rely on a Report do not understand or accept any part of its content, or consider that
inadequate information has been provided, the Valuer must be contacted in writing before any reliance on the Report
including any reliance upon the Report for the purpose of a mortgage transaction or a mortgage insurance transaction.
Photographic Evide nce
Valuers should, as permitted at the time of inspection and as reasonably possible, take a minimum of five colour
photographs of relevant parts of the subject property, including at least one photo of the front elevation, rear elevation,
kitchen, bathroom and other significant improvements including those observed as in need of repair (eg harbour view,
swimming pool, structural defects etc.).
Photographs will not only assist the lender-client/LMI in understanding the nature and value of the subject property, but also
assist in any future dispute resolution.
Qualif icat ions
The lender-client/LMI acknowledges that the Report may be provided based upon specific assumptions and may be subject
to specific qualifications as outlined in the Report. This may be for a variety of reasons. The lender-client/LMI must satisfy
itself in respect of such assumed or qualified matter(s) prior to relying upon the Report. The lender-client/LMI acknowledges

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that the Valuer does not warrant or represent that any assumed or qualified matter is accurate or correct.
In the event that a Report is qualified or based on any assumption(s) then it is the lender-client s/LMI s sole responsibility to
request clarity and/or confirmation of the qualification(s) and/or assumption(s) referred to before reliance upon the or any
part of the Report, for any purpose. Such request must be made in writing to the Valuer.
The intent of using qualifications and disclaimers should be from a position of providing a more fully understood Report
where the reader of such obtains at least some if not all of the following (which list of itself is not extensive):
o

A clear understanding of the purpose for which the Report is given.

Those to whom the Report is clearly being given, and as such, those to whom the Report is not being given (for the
purpose of reliance).

Clarifying issues that remain unresolved in order to complete the Report as a product.

The setting out of clear and unambiguous warnings/cautions to a reader to ensure that the reader can make a
well informed decision based on what is in the Report in the form of a qualification or disclaimer.

A full appreciation of the extent of the retainer and obligations that the Valuer has taken on, in order to provide the
Report/advice.

Accepted practice is to include within the Report a statement to the following effect:
rent at the date of valuation only. The value assessed herein may change significantly and unexpectedly
over a relatively short period of time (including as a result of general market movements or factors specific to the subject
property or factors that the Valuer could not have reasonably become aware as at the date of the Report). Liability for losses
arising from such subsequent changes in value is excluded as is liability where the valuation is relied upon after the date of

Reliance on a Report by a lender-client/LMI must be reasonable in all the circumstances. This is especially so after the date
of the Report. For example, in some circumstances it may be reasonable for the lender-client/LMI to rely on the Report at
a time up to 90 days from the valuation date. This time period may vary, dependent upon any number of circumstances
arising after the valuation date.
The Valuer will not assume any responsibility for reliance by the lender-client/LMI on the Report after the expiration of 90
days from the date of valuation, or the expiration of what is considered to be a reasonable time, whichever is the lesser. A
Valuer does not warrant, guarantee and/or represent that the content of the Report will remain unchanged for any period
of time beyond the date of the Report and depending upon known and/or foreseeable facts that might impact upon such
value, such further time as maybe reasonable in all of the circumstances. The lender-client/LMI should therefore review and
consider the Report, regularly and frequently, before reliance.
Subject to the contents herein, lender-clients/LMIs will not rely upon a Report notwithstanding what time has elapsed since
the valuation date in the event that such lender-clients/LMIs become aware of or ought reasonably to have become aware
of any information of any type and/or description that would in the opinion of the lender-client/LMI or a reasonable and
prudent lender-client/LMI, alter or likely alter the Report in any way.
Valuers should be aware of the requirements of some professional indemnity insurers who require certain clauses to be
This
issue should be raised with lender-clients/LMIs at the time of instruction.
Assigning Valuat ions
As a general rule assignments should not be undertaken, however if the Valuer agrees to assign a Report it should:
o

Be in writing with the express understanding, knowledge and agreement of the Valuer that the assignment can only
be used and relied upon by the assignee.

Be subject to this Supporting Memorandum as set out in the Report.

Subject to what is contained herein, not be given without the Valuer being able to undertake further investigations
to confirm (or otherwise) the original Report.

P R OPE R T Y P R O SUPP O R T IN G MEM OR ANDU M

1 6 . 1 . 23

P R OP E R TY P R O S UP P OR TI N G M E M OR A N D UM

Only be given having regard to the requirements of a Valuer s professional indemnity insurance policy

Be subject to payment of an additional fee.

The Valuer may decline to assign the Report to any third party for any reason. In the event that a Valuer agrees to such
assignment and is not instructed to undertake a further inspection and/or investigations, then such assignment of the
Report will be at the value as determined by the Valuer as at the date of the valuation in the Report and such Report will be
pursuant to the terms of this Supporting Memorandum.
GST --- Valuations for Mortgage Lending Purposes - Reside ntial
Residential Mortgage Valuations are undertaken on the basis of market value which is defined as the estimated amount
for which a property should exchange on the date of valuation between a willing buyer and willing seller in an arm s
length transaction, after proper marketing, wherein the parties had each acted knowledgeably, prudently and without
compulsion . In respect of GST, the assumption is made that the transaction is between parties not registered (and not
required to be registered) for GST.
The subject property should always be treated as though GST is not applicable.
In the case of a TBE report on an As If Complete basis this assumption remains valid. The cost of land (in some cases) and
construction include a GST component, however, the subject property is being valued to market value in the same way as
an existing residential property. The valuation is assessed with reference to sales of comparable properties to which GST is
not applicable and the valuation does not have regard to the specific circumstances of the actual parties involved.
No change is required to the established treatment of GST, however it is proposed to clarify that residential mortgage
valuations do not include GST through the inclusion of the following clause in the Important Notes & Qualifications section
of the Report:
GS T Report Claus e
Valuations of residential property for mortgage security purposes are undertaken on the basis that GST is not applicable.
as defined under ATO Ruling GSTR 2003/3. Further it is assumed that the subject property will transact as a residential
property between parties not registered (and not required to be registered) for GST. The market valuation herein reflects a
market transaction to which GST is not applicable.
The lender should satisfy themselves of the GST position of the borrower prior to extending funds.

10. CAPPED LIABILITY SCHEME

All members of Australian Property Institute Valuers Limited seeking to enjoy the benefits of the Limitation of Liability
Scheme are required to include the following statement in their Report:
limited by a schem e app roved under Professional Standards
The statement must be printed in a size not less than the face measurement of Times New Roman typeface in 8 point.
It may only be used by those covered by the Scheme.

1 6 . 1 . 24

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P R OP E R TY P R O S UP P OR TI N G M E M OR A N D UM

obtained, they must be referred back to the Valuer

by the lender-lient/LMI and/or anyone acting on
their behalf and with their authority for comment
as to how it impacts on the valuation, the risk
analysis or the marketability of the subject
property. Any reliance upon a Report without
such matters having been referred to the Valuer in
accordance with this paragraph will not be
considered reasonable reliance and the Valuer will
not assume responsibility for any such reliance.

4.0 Matters on w hich the

Valuer m ay provide
Restricted Com m ent
4.1

Aspects Requiring Specialists Reports

The Report may provide restricted or limited
comment on a range of matters primarily to draw
attention to aspects that may require information
and/or advice from others before confirmation
of the Report by the Valuer. These may be in
specialist areas where the Valuer often will have
some knowledge but in which the Valuer is either
not an expert or is not permitted under some act
or regulation, to express a definitive opinion. The
comments could note some observed condition
or indication of a possible problem area and could
lead to recommendations for reports from such
experts as (without limiting the extent of such
experts or other sources of information):

4.2

Pest Controllers

Land Surveyors

Geo-technical Engineers

Structural Engineers

Building Inspectors

Solicitors

Environmental Surveyors

Contamination experts and/or authorities

Town Planners

Regulatory Bodies, Authorities and

Government(s)

When circumstances arise which the Valuer

considers warrant departure from the provisions
of this Supporting Memorandum, the reason for
the departure should be clearly stated in Section
8 (Additional Comments) of the Report and/
or, if possible, drawn to the lender-client s/LMI s
attention prior to completion of the Report.

6.0 Matters that m ust b e

review ed and checked b y
lende r-client/LMI and/or its
solicitor or others on the
lend e r-client s/LMI s b ehalf
6.1

Refer to Valuer
When the specialist s report(s) and/or other
relevant sources of information have been

P R OPE R T Y P R O SUPP O R T IN G MEM OR ANDU M

Refer to Valuer
A Report may be based upon information or
documents, the content of which is subsequently
revealed to be either incorrect or incomplete
or inconsistent with what has been outlined in the
Report. When any of these occurrences is
discovered by subsequent checking, it must be
referred to the Valuer for further comment and
advice as to how it affects the valuation and
security assessment. Reliance upon the Report
without such referral back to the Valuer will not be
considered reasonable reliance and the Valuer will
not have assumed responsibility for the valuation
in such a circumstance.

Valuers Initial Comments Indicative

Only
The Valuer s comments should be taken as
indicative only and not definitive on the particular
matter. For example, the Valuer s inspection may
note that the building appears to be too close to
what appears to be the boundary. The Valuer s
Report may then note this and recommend that
a surveyor s report be obtained. In this way the
Valuer serves to highlight need for a particular
action. Any valuation or risk assessment provided
will normally be subject to such reports being
satisfactory.

4.3

5.0 Departure Provisions

6.2

Lender-client/LMI or solicitor/legal
representative must check
There are many issues and matters reported in the
Report which the Valuer either requires or assumes
that the lender-client/LMI and/or its solicitor(s)/
legal representative(s) and/or others instructed by
the lender-client/LMI will confirm or ascertain prior
to any lending transaction/mortgage transaction
taking place. The responsibility is on the lender-

1 6 . 1 . 25

P R OP E R TY P R O S UP P OR TI N G M E M OR A N D UM

client s/LMI s solicitors and/or others instructed by

the lender-client/LMI to read the entirety of a
Report and comment upon and provide advice to
the lender-client/LMI prior to any reliance by them
for the purpose of a mortgage/LMI transaction.

7.1

Valuer s File Should Contain

A Valuer s file for any Report could be expected to
contain:

The lender-client/LMI acknowledges that, if the

lender-client s/LMI s solicitors are on notice of facts
that cast doubt on the correctness of the content
of the Report, the lender-client s/LMI s solicitors
and/or those instructed by the lender-client/LMI to
undertake such work have a duty to draw this to
the lender-client s/LMI s attention notwithstanding
any specific contractual relationship between
them.

Copy of Instructions.

Copy of the Report as submitted to the

lender-client/LMI.

Copy of any documents provided by the

lender-client/LMI, its solicitor or the borrower.

Copy of any block, subdivision or strata plans

relied upon.

Copy of Valuer s inspection notes for the

subject property including:

In the event that such solicitor(s)/legal

representative(s) draw to the attention of the
lender-client/LMI facts and/or information of the
type referred to in this paragraph, then before any
reliance can occur on the Report the lender-client/
LMI must provide the Valuer with such facts and/
or information. Failure to do so and subsequent
reliance on the Report will not constitute
reasonable reliance on the Report.
The relevant areas of checking include, but are not
limited to:
o

Title details including all restrictions,

encumbrances, etc; full zoning and/or town
planning and development approval issues.
Environmental issues in relation to things such
as flora and fauna that may well affect the
value because of zoning restrictions.

The building construction and development

applications and building contracts.

All other matter(s) arising from every search

the solicitor undertakes in relation to a
property transaction as solicitor for the lenderclient/LMI including searches and responses
from any relevant authority, the relevant
searches of all body corporate records and
amounts held in sinking funds and all other
issues for consideration in strata title property
valuations.

Any other matter(s) considered to be within

the expertise of a solicitor/legal representative
of the lender-client/LMI.

A plan of the main buildings, (recording

external wall dimensions). Building areas
required in the Report are to be based on
measurement and calculation.

Adequate notes to record any necessary

detail beyond that required in the Report
covering construction of the main
building, its quality, finishes, condition and
any essential repairs.

Adequate notes of ancillary

improvements.

Copy of Valuer s inquiry sheet if appropriate

adequately recording any additional research
information obtained and preferably from
whom and/or where.

Photographs (or photocopy of original).

Copy of Valuer s work sheet. Where a TBE/

Extension/Renovation is involved, calculations
for the Check Costing and for Progress Draws
(where applicable) should also be on file.

Copy of any special document relied on that

the Valuer considers relates to the subject
property specifically rather than properties in
general.

NOTE:
While Valuers may use a variety of methods to record their
field notes, as a guide, information recorded and
retained on file should be adequate:
o

to demonstrate that a proper inspection has

been carried out, and

7.0 Inform ation the Valuer

could be expected to ho ld
on file

to allow the Valuer to discuss the subject

property and the Report with the lender-client/
LMI or its service providers at some point in
the future (which may be some years hence).

1 6 . 1 . 26

AN Z VA LUAT I ON A ND P ROPE R T Y STAN DARDS

P R OP E R TY P R O S UP P OR TI N G M E M OR A N D UM

8.0 Date of Effect

The effective date of the Supporting Memorandum
is 1 March 2012. Earlier adoption is permitted.

P R OPE R T Y P R O SUPP O R T IN G MEM OR ANDU M

1 6 . 1 . 27

P R OP E R TY P R O S UP P OR TI N G M E M OR A N D UM

THI S PA G E I S I N TE N TI ON A L LY L E F T B L A N K

1 6 . 1 . 28

AN Z VA LUAT I ON A ND P ROPE R T Y STAN DARDS

16. 2
A PI RES TRICTED A S S ES S M E N T
PR O-FOR M A REPORT

R ES T R ICT E D R ES ID ENTIA L A S S E S S M E N T
FO R M O RT GA GE P UR P O S E S

PART A (Client Pro vid e d )

Organisation/client:

Fax to:

Business Unit:

Email to:

Postal Address:

Contact:
Telephone:

Borrower:

Loan Ref. No.

PROPERTY SUMMARY
Property Address:
Title / Legal Description:
Type of Property:
Site (Land) Area:
Main Building Construction:
Containing Number of Rooms:

Current use:
External Walls:

Roof:

No. of Bedrooms:

No. of Bathrooms:

Built About:
Improvement Areas:

No. of Other Rooms:

Additions About:
Living:

Outdoor:

Car Accommodation:

Other :

Car areas:

Other Details:
Purchase Price or Owners Est:

Date:

PART B (Valuer Pro vid e d )

RISK ANALYSIS
Property Risk

Risk Ratings: 1=Low, 2=Low to Medium, 3=Medium, 4=Medium to High, 5=High

1

Location & Neighbourhood:

Market Risk

Recent Market Direction:

Land (inc planning title):

Market Volatility:

Environmental Issues:

Local Economy Impact:

Improvements:

Market Segment Conditions:

Comment:
Specific comment is required for any risk rating of 3 or above.
General comment is required re location and amenity of the subject property.
General comment is required on condition and presentation.

INDICATIVE VALUATION & ASSESSMENTS SUMMARY

Interest Valued:
Other Assessments:

Fee simple/vacant possession

Weekly Rental Value Range Unfurnished: $

INDICATIVE MARKET VALUE RANGE:

to

to

I hereby certify that I personally externally inspected this property on the date below and have carried out the assessments above as at that date. All information in Part A has
been provided by the client. Neither I, nor to the best of my knowledge, any member of this firm, has any conflict of interest, or direct, indirect or financial interest in relation
to this property that is not disclosed herein.

This Report is for the use only of the party/s to which it is addressed for first mortgage purposes only and is not to be used for any other purpose. No responsibility is accepted
or undertaken to third parties in respect thereof. No responsibility is accepted or undertaken in the event that the party/s to which it is addressed use/s this Report for any other
purpose apart from that expressly outlined above.

This Report is made in accordance with the Restricted Assessment Supporting Memorandum and must be interpreted with that Memorandum. The agreed parties are bound
by the provisions of the Supporting Memorandum. The Supporting Memorandum is available at [Link].

Valuer:

Firm:

Qualifications/Registration #:

Signed:

Address:

Inspection date:

Phone:

Valuation date:

Fax:
Mobile:
Email:
Valuer s File Reference:

16.2.1

VALUATION

REPORT

If you consider that there are or may be any significant factors in relation to this property that warrant inspection, research
recommend below that a PropertyPRO Residential
Valuation and Security Assessment be carried out. The Lender will then decide in view of its overall lending position, if it
requires such a valuation.
External inspection is not appropriate and a PropertyPRO Report is recommended for the following reason/s.
Note: If this option is selected, an Indicative Market Value Range is not to be provided unless in accordance
with 7.3 of the Supporting Memorandum. Should a range be provided, the risk ratings must reflect the valuers
concerns.

Reason/s

IMPORTANT NOTES & QUALIFICATIONS

If there are any nominated additional parties , they are noted here.
Any clauses specific to the lender/client are inserted here.
Other applicable clauses are to be included in this Section.

CAPPED LIABILITY SCHEME

If applicable, the words Liability limited by a scheme approved under Professional Standards Legislation will be inserted
here.

PHOTOGRAPHS
Photo here

16.2.2

Caption / explanation

AN Z VA LUAT I ON A ND P ROPE R T Y STAN DARDS

16. 3

R E S TR I C TE D A S S E S S M E N T S UP P OR TI N G M E M OR A N D UM

R ES TR ICTE D A S S ES S M ENT
S UP PO RTING M EM O R A ND UM
1.0 Introd uction
1.1

1.5

A lender-client who instructs a CPV/RPV to do a

Restricted Assessment must do so in accordance
with the provisions of this Memorandum and in
doing so agrees to accept the commercial risks
inherent in relying upon a Restricted Assessment as
described in this Memorandum and the immunities
and indemnities in favour of the CPV/RPV and their
employer provided within this Memorandum.

1.6

This Memorandum sets out the requirements that

a lender-client must comply with in requesting,
and CPV/RPV must comply with in providing, a
Restricted Assessment for residential mortgage
purposes. In particular, it provides important
information to a lender-client and CPV/RPV in
relation to:

Purpose
This Supporting Memorandum ( Memorandum )
provides the basis upon which Members of the
Australian Property Institute (API), who are a
Certified Practising Valuer (CPV) or Residential
Property Valuer (RPV), will carry out Restricted
Assessments of residential property for first
mortgage purposes and the basis upon which
their lender-client will use and accept Restricted
Assessments.

This document is to be read in conjunction

with the Australian Banking & Finance Industry
Residential Valuations Standing Instructions for
PropertyPRO, Restricted Valuation and Progress
Inspection Reports (Standing Instructions). In the
event of any inconsistency, the provisions of this
Supporting Memorandum shall prevail.

1.2

The type of property it is intended for,

Information to be provided to the CPV/RPV by

the lender-client,

The Restricted Assessment process and

responsibilities of the lender-client and CPV/
RPV,

The provision of an Indicative Market Value

Range,

The circumstances when a PropertyPRO

Residential Valuation and Security Assessment
is required in place of a Restricted Assessment,

The commercial risks upon the lender-client of

relying on a Restricted Assessment, and

The restriction on the release of a Restricted

Assessment report to third parties.

Scope
A CPV/RPV who provides a Restricted Assessment
for residential mortgage purposes must do
so in accordance with the provisions of this
Memorandum. Any CPV/RPV carrying out a
Restricted Assessment in accordance with the
provisions of this Memorandum and the Restricted
Assessment - Residential Property pro-forma report
will not be in breach of the Institute s Constitution,
By Laws, Code of Professional Conduct or
professional practice standards.

1.4

Prerequisites for the provision of a Restricted

Assessment,

Definition
A Restricted Assessment is an assessment carried
out in accordance with this Supporting
Memorandum in the format titled Restricted
Assessment --- Residential Property Copyright API
2001.

1.3

CPV/RPVs undertaking a Restricted Assessment

do so pursuant to the API s Code of Professional
Conduct.

R ESTR ICTE D ASSESSMEN T SUPP O R TIN G MEMORAND U M

2.0 Back g ro und

2.1

The Institute acknowledges that lender-clients

require a range of reporting formats and thus
levels of valuation rigour. The highest level is the
full speaking valuation which requires the Valuer
to undertake a full inspection and undertake all
relevant property enquiries; the next level is that
utilizing the PropertyPRO pro-forma report format

16.3 .1

R E S TR I C TE D A S S E S S M E N T S UP P OR TI N G M E M OR A N D UM

which is undertaken within the acknowledged

restrictions of the PropertyPRO Residential
Valuation and Security Assessment Supporting
Memorandum. In certain instances a lender-client
may only have a need for a lower level of valuation
assurance which the Institute and lender-client
recognise as a Restricted Assessment.
2.2

purposes.
In certain circumstances it may be appropriate to
consider:
o

The decision whether to accept such a request

is one for the valuer who needs to consider,
from a web based or street frontage
observation, if comment is appropriate or
it should be lifted to a PropertyPRO or full
valuation report.

The Institute reserves Copyright of the Restricted

Assessment Residential - Property pro-forma
report.
This is deemed necessary to retain the integrity and
consistency of the report format. The report format
is available through the Institute.

2.3

Although the Institute has approved the use of

Restricted Assessments in the manner
contemplated by this Supporting Memorandum it
does not accept any responsibility for the content
of any Restricted Assessment.

2.4

Any CPV/RPV who provides or any lender-client

who uses or relies upon a Restricted Assessment
agrees to be bound by all of the provisions of this
Supporting Memorandum.

The Institute considers it inappropriate to

conduct restricted assessments in
circumstances where the improvements are
not readily observable, (i.e. set too far back on
the block as to gain an adequate appreciation
of the external condition of the property), and
or the property is two hectares or greater in
size.
o

3.0 Provision of the

Service
3.1

3.2

A Restricted Assessment must only be provided by

a CPV/RPV who has had recent relevant valuation
experience in the locality (within the past six
months or in rapidly changing market conditions,
within the past three months), and has researched
that market place for the purpose of valuing
similar properties.

3.3

Where a CPV/RPV is not able to satisfy the

requirements of RA: 3.2 the instruction must be
declined. In these circumstances the CPV/RPV may
alternatively advise the lender that the CPV/RPV is
prepared to undertake a PropertyPRO Residential
Valuation and Security Assessment of the Property.

4.0 Restrictions on the

Provision and Use of a
Restricted Assessm ent
4.1

A Restricted Assessment must only be carried out

by CPV/RPV for the assessment of existing single
residential dwellings for first mortgage security

16.3.2

A vacant allotment on which the construction

of a single residential dwelling is permissible.
However, if the valuer is of the opinion the
land is a high risk property which includes
rebates, encumbered by a building contact
or has possible environmental issues,
town planning or titling issues a restricted
assessment is not appropriate.

In providing a Restricted Assessment, a CPV/RPV is

not required to exceed the terms of the lenderSupporting Memorandum.

A non-income producing rural residential

property where a single residential dwelling is
permissible.

Strata or community plan units.

Other than single level developments, a valuer,
if requested to assess a strata or community
plan unit, needs to consider whether the
inherent complexities of such (views / position
within the complex; quality of amenities;
car parking; land tenure; encumbrances,
management agreements; common area
improvements and marketing history, etc.)
are more appropriately investigated in a full
or PropertyPRO report. If in the opinion of
the valuer, the specific property should not
be considered as a restricted assessment,
the Institute considers such a request out of
scope.

A dual occupancy property (e.g. two units on

one title).
Such circumstances being where the two
properties are readily observable from an
external inspection.
The decision whether to accept such a

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R E S TR I C TE D A S S E S S M E N T S UP P OR TI N G M E M OR A N D UM

request is one for the valuer who needs to

consider, from a web based or street frontage
observation, if comment is appropriate or
it should be lifted to a PropertyPRO or full
valuation report.
A Restricted Assessment must not be used for the
valuation of proposed dwellings or extensions/
renovations to existing dwellings and is not
suitable for the assessment of unique residential
properties or those falling within upper market
levels. Whilst no monetary limit has been
determined with respect to upper market levels,
it would be prudent for valuers and lender-clients
alike to consider the imposition of such limits
within their organisations.

4.3

full property address (lot number is insufficient

unless plan number also supplied)

Number/type of rooms, number of bedrooms

and bathrooms

Estimated living area

External improvements (eg Swimming pool)

Land area

Important information:
o

title detail / legal description / survey or

registered plan

Provision of both the property address and the

title detail / legal description including plan are
important to enable the correct property to be
identified and confirmed as other normal means
of confirmation will not be available to the CPV/
RPV conducting a Restricted Assessment. Where
the Lender client is unable to supply title detail
/ legal description and plan, the CPV/RPV is
entitled to assume that the address supplied by
the lender-client is correct and to rely upon it.
The lender-client acknowledges that where only
an address is provided to the CPV/RPV, the risk of
incorrect identification increases and the lenderclient indemnifies the CPV/RPV against any such
mis-identification.

A Restricted Assessment is not considered

suitable for a property that appears to be in
poor/uninhabitable condition or any other type
of property unless in line with this Supporting
Memorandum and the Standing Instructions.
4.2

A Restricted Assessment as defined in this

Supporting Memorandum must only be provided
on the Restricted Assessment - Residential Property
pro-forma report annexed hereto after Part A has
been completed (as far as possible) by the lenderclient. The Restricted Assessment - Residential
Property pro-forma report is copyright by the
Australian Property Institute and must not be
modified in any way without approval in writing
from the Australian Property Institute.

high percentage lending.

Should the CPV/RPV consider that there is a

possibility that a property address has been
incorrectly described by the lender, the CPV/
RPV will notify the lender-client of such in the
Restricted Assessment report and will recommend
that the lender-client obtains a PropertyPRO
Residential Valuation and Security Assessment.

Mortgage insurance purposes.

Desirable information:

The Institute considers that a Restricted

Assessment is not suitable for:

Any instructing party that uses the restricted

assessment for either high percentage lending
(where the loan to current purchase price ratio
(if any) exceeds 80%) or mortgage insurance
purposes indemnifies the CPV/RPV against any
action by any party who has relied upon the
assessment. RA:9.3 refers.

5.0 Inform ation to be p rovid ed

to the CPV/RPV

R ESTR ICTE D ASSESSMEN T SUPP O R TIN G MEMORAND U M

Main building type

Main walls and roof

6.0 Lim itations and

Requirem ents of a
Restricted Assessm ent
6.1

It is important that both the CPV/RPV and lenderclient are aware of the extent and limitations of a
Restricted Assessment provided by the CPV/RPV.
In utilising this service, the lender- client agrees to
waive the requirement for many of the processes
that a CPV/RPV would undertake in carrying out a
full valuation of a property.

6.2

A lender-client requesting a CPV/RPV to carry out

a Restricted Assessment does so on the express

The CPV/RPV requires certain information to

undertake a Restricted Assessment. The lenderclient is required to provide the following minimum
information to the CPV/RPV:
Essential information:

16.3 .3

R E S TR I C TE D A S S E S S M E N T S UP P OR TI N G M E M OR A N D UM

The CPV/RPV will not be held responsible if

the information provided by the lender-client
is incorrect, but where the CPV/RPV knows
information supplied by the lender-client to be
incorrect, the CPV/RPV must correct it. There
is no obligation on the CPV/RPV to supply any
missing information.

understanding and agreement that the CPV/

RPV is instructed not to conduct an inspection of
the property other than to view from the street
frontage. The lender-client agrees to accept the
Restricted Assessment having regard to the risks
inherent in relying upon a report which does not
have the benefit of a comprehensive inspection.
6.3

The lender-client requirements for CPV/RPVs

providing this Restricted Assessment service are set
down in point form and elaborated upon below:

o
visible is to be assumed as indicative of

If, for example, the visible part of the exterior

appears in good condition, well presented
and of above average quality, the CPV/RPV
is entitled to assume that the remainder of
the exterior and the interior is of the same
condition.

o
in respect of the property should be
checked. This includes registered plans,
zoning information and any sales of the

This extends only to existing records that are

held at the time of instruction in the CPV/
RPV s office.
o

The lender-client acknowledges that such

assumptions will not always be correct, but
for the purpose of a Restricted Assessment,
the lender-client agrees that the CPV/RPV is
entitled to make that assumption.

identified at its

Using the address, (and title details/legal

description if provided), and any plans the
CPV/RPV has, identify the property.

The CPV/RPV is not expected to search

the title or to enquire if there are any
leases or occupancy rights. All restricted
assessments are to be provided subject to
vacant possession with no encumbrances or
restriction.

The extent of the inspection of the property is

to be limited to a point or points at or near its
legal frontage(s). The CPV/RPV must not enter
onto the property. Where this inspection and
the information provided to the CPV/RPV do
not enable the CPV/RPV to gain a reasonable
impression of the property, the CPV/RPV
will be entitled to either increase the market
range of the value for the property and/or
recommend that a PropertyPRO Residential
Valuation and Security Assessment be
conducted.

o
limitations or physically obvious, it is to be
assumed that there are no easements or

The CPV/RPV is not expected to search the

title, but must take into account any title
information supplied or easements noted on
plans already in the possession of the CPV/
RPV or which are obvious from the restricted
inspection.

o
This should be taken, without entering the
property, from a point or points near the
property s legal frontage.
The photograph must be attached to the
report confirming inspection and what the
Valuer sighted from the kerbside enabling
assessment.
o
that is known to be incorrect should be
corrected, otherwise assume all

16.3 .4

e with vacant possession is to be

In agreeing to undertake a Restricted

Assessment the CPV/RPV is required, in
accordance with RA: 3.2 above, to have
recently researched the relevant market place
and to be familiar with the most recent sales
and market direction.
A minimum of three recent sales should be
considered for comparison purposes and must

AN Z VA LUAT I ON A ND P ROPE R T Y STAN DARDS

R E S TR I C TE D A S S E S S M E N T S UP P OR TI N G M E M OR A N D UM

be retained on file for review in the event

of future audit. Details of these sales can be
provided to the client on commercial terms
acceptable to the parties.

6.4

Any material relied upon or notes taken should be

retained on file by the CPV/RPV Member with a
copy of the Restricted Assessment report.

6.5

All information provided by the lender-client

will form Part A of the Restricted Assessment Residential Property pro-forma report.

6.6

The Restricted Assessment is to be provided by the

CPV/RPV to the lender-client in writing in Part B of
the Restricted Assessment - Residential Property
pro-forma report.

o
provide (the client) with an indicative

The lender-client acknowledges that the

limitations imposed by the lender-client on the
CPV/RPV in relation to inspection, research,
enquiry and other aspects of due valuation
process prevent the CPV/RPV from carrying
out a fully researched valuation assessment
of the property. The lender-client also
acknowledges that, based upon the limited
known information available to the CPV/
RPV, an indicative market value range is more
appropriate than a single valuation figure
and the lender-client further acknowledges
that the market value range is likely to
be sufficiently wide to reflect the above
limitations.

7.0 Indicative Market Value

Range
7.1

It should be noted that a market valuation is

property-specific and provides a single point
assessment in accordance with the definition of
Market Value as follows:
liability should exchange on the valuation date
between a willing buyer and a willing seller
in an arm s length transaction after proper
marketing, and where the parties had each
acted knowledgeably, prudently and without

o
provide, if instructed by the lenderclient, an indicative market rental range
7.2
This rental range estimate should be reflective
of the market value range adopted.
o
provide the lender-client with general
comments on location and amenity of the

A Restricted Assessment is a qualified opinion of

value of a property provided in accordance with
this Supporting Memorandum in response to a
specific instruction by the lender-client not to
carry out the usual enquiries and investigations
associated with a market valuation.
A Restricted Assessment is:

The CPV/RPV is not expected to undertake

additional research, but comment from
experience in accordance with RA;3.2 above.
An example may be located close to city,
public transport and community facilities
available. The lender-client agrees that it is
therefore not necessary for the CPV/RPV to
carry out additional research.

market value of the property is likely to fall

within should a CPV/RPV be requested to carry
out a fully researched valuation assessment
of the property in accordance with the
PropertyPRO Residential Valuation and Security
in
7.3

o
provide, if instructed by the lender-client,
risk ratings in line with the PropertyPRO
Supporting
Based on the information provided and
as observed, the valuer is to make specific
comment if they believe there is any medium
to high risk in the areas of property and / or
market risk.

R ESTR ICTE D ASSESSMEN T SUPP O R TIN G MEMORAND U M

The value range provided by the CPV/RPV should

be sufficiently wide to reflect the limitations of
the Restricted Assessment process such as, but
not limited to, the extent to which the property
is visible, the degree to which it can be gauged
within the limitations of the Restricted Assessment,
the very limited research and enquiry and the
limited known information. The greater the level of
uncertainty that results from those limitations, the
wider the range will likely be. This also applies to
the market rental range.

16.3 .5

R E S TR I C TE D A S S E S S M E N T S UP P OR TI N G M E M OR A N D UM

Where that range is greater than 20% (of the

difference measured against the lower figure),
the CPV/RPV should also recommend that the
lender-client obtains a PropertyPRO Residential
Valuation and Security Assessment of the property
in question. A market value range should still be
provided, even if broader than 20%, as it may be
adequate for the lender-client requirements.
The market range provided is the range estimated
by comparison to recent market evidence. As such
the midpoint of the range should not be assumed
as the valuers opinion of value. The market range
provided is the valuers opinion based on restricted
information of the highest and lowest value
reflected by that evidence.
It is specifically acknowledged by the lender-client
that based on the limited known information
available to the CPV/RPV, the CPV/RPV will not be
able to undertake a Restricted Assessment to the
same level of accuracy as a PropertyPRO Residential
Valuation and Security Assessment.
7.4

If a Restricted Assessment is provided in a

marketplace beyond local market conditions,
the range provided should reflect an informed
purchaser s and realistic marketing conditions such
as would be available to an individual owner on
re-sale.

8.0 Recom m end ing

Property PRO Residential
Valuation and Security
Assessm ent Re port
8.1

8.2

If the CPV/RPV is aware of factors which impact

or could impact adversely on the property and it is
thought this adverse impact could be significant,
but can only be established or confirmed by
inspection, research and/or enquiry beyond the
intended scope of a Restricted Assessment, the
CPV/RPV should recommend that a PropertyPRO
Residential Valuation and Security Assessment
report be prepared. The recommendation can be
made by ticking the box provided.
Where a recommendation is made for the
preparation of such a report, the CPV/RPV
should also briefly note the main reason for the
recommendation.

16.3 .6

9.0 Acceptance of Com m e rcial

Risks of a Restricted
Assessm ent
9.1

The Institute considers that there are inherent

risks to a lender-client who relies on a Restricted
Assessment, but, acknowledges that the lenderclient has expressed a commercial need for such
to be carried out by CPV/RPV Members of the
Institute.

9.2

A lender-client, in providing its instructions for

a Restricted Assessment using the Restricted
Assessment - Residential Property pro-forma
report, agrees to accept and be bound by
the process contained within this Supporting
Memorandum.

9.3

The Lender client expressly acknowledges and

confirms:
(a) in producing the advice contained in a
Restricted Assessment the CPV/RPV has not
carried out the usual range of enquiries that a
CPV/RPV is required to make by professional
practice standards in determining a valuation
of property, and that this is at the specific
request of the lender-client.
(b) that the lender-client fully understands the
risks inherent in relying upon an assessment
carried out in such circumstances.
Accordingly, but subject to compliance by the
CPV/RPV with the requirements of the Restricted
Assessment - Residential Property pro-forma
report, this Supporting Memorandum and the
stated instructions of the lender-client, the lenderclient agrees that it will have no cause of action
against the CPV/RPV and their employer whether
in contract, tort or otherwise by reason only that
the lender-client suffered loss or damage by relying
upon a Restricted Assessment.
The lender-client further agrees that it will
indemnify the CPV/RPV and their employer against
any claim for loss or damage by a third party
invited or permitted by the lender-client to rely
upon a Restricted Assessment, whether arising in
contract, tort or otherwise and arising out of or in
connection with reliance by that third party on a
Restricted Assessment.
Nothing in this clause 9.3 shall affect the liability
of the CPV/RPV and their employer in relation
to a Restricted Assessment where the CPV/RPV
failed to carry out a Restricted Assessment in
accordance with the provisions of the Restricted
Assessment - Residential Property pro-forma

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R E S TR I C TE D A S S E S S M E N T S UP P OR TI N G M E M OR A N D UM

report, this Supporting Memorandum and the

stated instructions of the lender- client.
9.4

The lender- client will not convey a Restricted

Assessment or any part of it to the borrower or
other third parties, and will keep it confidential and
will use it for its first mortgage-related purposes
only unless agreed in writing by the CPV/RPV.

10.0 CAPPED LIABILITY SCHEME

10.1

Unless the Professional Indemnity Insurance Policy

held by the valuation firm includes the following
general endorsement, the benefits of the Scheme
may be voided.
not indemnify the Member for any claim directly
or indirectly related to, based upon or attributable
to or in consequence of any kerbside assessment
or restricted assessment, unless conducted in strict

10.2

All members of Australian Property Institute

Valuers Limited seeking to enjoy the benefits of
the Limitation of Liability Scheme are required to
include the following statement in their Report:

10.3

The statement must be printed in a size not less

than the face measurement of Times New Roman
typeface in 8 point.
It may only be used by those covered by the
Scheme.

11.0 EFFECTIVE DATE

11.1

The effective date of the Supporting Memorandum

is 1 July 2014, although earlier adoption is
encouraged.

R ESTR ICTE D ASSESSMEN T SUPP O R TIN G MEMORAND U M

16.3 .7

THI S PA G E I S I N TE N TI ON A L LY L E F T B L A N K

16.3 .8

AN Z VA LUAT I ON A ND P ROPE R T Y STAN DARDS

(for the period 1 January to 31 December 2007)

Name: ...............................................................................................................................................................................................................................................................................
First Names

16. 4

A N N U A L A P I /P I N Z C P D R E C O R D

Surname

Address: ...........................................................................................................................................................................................................................................................................
Employer: ......................................................................................................................... Tel (Work) .......................................................... Fax (Work) .................................................
Please tick if you wish to receive a CPD Certificate of Compliance

You must complete the following two questions:

Please tick this box if you have completed a valuation during this CPD reporting period (i.e. 1 January to 31 December 2007)
Please state the last time you completed an API approved Risk Management Module ............ / ............
Month

OR

Never

Year

Section One
Date

CPD Activity (eg seminar, conference, workshop, course, tape, technical

committee, prepared and presented paper) / Topic / Presenter

CPD Activity Provider

(eg API, RMIT, Qld Govt)

CPD Hours

CPD Points (1 point per hour)

Property
Eg. 20/3/07

Valuation of Specialised Asset Classes --- Service Stations

API -VIC

API CPD PLANNER

16.4.1

Subtotal

Non Property

(for the period 1 January to 31 December 2007)

Section 2 - Private Planned Study Completed During 2007

Topics Studied

Name of Publication

Author(s)

Publisher

CPD Hours

CPD Points (1 point per hour)

Property

eg. Easements

Easements --- Law & Valuation

Webster, Watkins, Holland

API (Seminar paper)

Non Property
-

Subtotal

Section 3 - Additional / New Vocational / Professional Functions Undertaken in 2007

AN Z VA LUAT I ON A ND P ROPE R T Y STAN DAR DS

Additional /
New Function(s)
Performed

Knowledge/Skills gained or updated

from learning on-the-job

eg. Marketing

Knowledge of marketing strategies for

small professional practice

Competence Level
2006 Year
End 2007
Familiar

Note: Maximum of 10 points is recognised for Section 2 plus Section 3

Skilled

Evidence of Improvement

Developed & implemented

marketing plan for small
professional practice

Subtotal
Total 2007 CPD Points
2006 Points Carried Forward

Signature ............................................... Date ..............................................

Total CPD points

CPD Hours

CPD Points (1 point per hour)

Property

Non Property

API CPD PLANNER

16.4.2

2 0 0 7 A N N U A L A P I /P I N Z C P D R E C O R D

16. 5

OF F I C E S

A US TR A L IA N P R O P ERTY INS TITUTE

& P R O P ERTY INS TITUTE O F NEW
ZEA L A ND O FFICE S
NATIONAL SECRETARIAT
(Canberra)

SOUTH AUSTRALIA
(Kent To w n)

Mr. Grant Warner

National Director
Australian Property Institute
6 Campion Street
DEAKIN ACT 2600

Ms Moira Mundy
Executive Officer
API --- SA Division
PO Box 246
KENT TOWN SA 5071
(5a/15 Fullarton Road KENT TOWN SA 5071)

Tel:
Fax:
Email:
Web:

(02) 6282 2411

(02) 6285 2194
national@[Link]
[Link]

Tel:
(08) 8132 0092
Fax:
(08) 8132 0480
Email: sa@[Link]

ACT
(Canberra)

TASMANIA
(Hob art)

Mrs Catherine Sirel

Executive Officer
API --- ACT Division
PO Box 145
CURTIN ACT 2605
(6 Campion Street DEAKIN ACT 2600)

Mr Tony Stevens
Executive Officer
API --- TAS Division
GPO Box 745
HOBART TAS 7001
(Association House, 123 Bathurst Street
HOBART TAS 7000)

Tel:
(02) 6282 5541
Fax:
(02) 6282 5536
Email: act@[Link]

WESTERN AUSTRALIA
(South Perth)
Ms Gail Walker
Executive Officer
API --- WA Division
PO Box 502
SOUTH PERTH WA 6951
(27 Charles Street SOUTH PERTH WA 6151)
Tel:
(08) 9474 2784
Fax:
(08) 9474 1157
Email: wa@[Link]

Tel:
(03) 6234 6511 or (03) 6234 7577
Fax:
(03) 6234 6955 or (03) 6234 7566
Email: tas@[Link]

VICTORIA
(Port Melb our ne)
Mr Peter Ralton
Executive Officer
API --- VIC Division
10 Beach Street
PORT MELBOURNE VIC 3207
Tel:
(03) 9646 1977
Fax:
(03) 9646 4635
Email: vic@[Link]

Continued over page

R ESTR ICTE D ASSESSMEN T SUPP O R TIN G MEMORAND U M

16.5.1

OF F I C E S

QUEENS LAND
(Spring Hill)
Mr. Andrew Bell
Executive Officer
API --- QLD Division
PO Box 106
SPRING HILL QLD 4004
(2nd Floor, 131 Leichhardt Street SPRING HILL QLD 4000)
Tel:
(07) 3832 3139
Fax:
(07) 3839 0438
Email: qld@[Link]

NEW S OUTH WALES

(Sy d ney )
Ms Gail Sanders
Executive Officer
API --- NSW Division
Level 3
60 York Street
SYDNEY NSW 2000

P ROP ERTY INS TITUTE

OF NEW ZEALAND
NATIONAL SECRETARIAT
(Welling ton)
Mr. Glenn Clark
Chief Executive Officer
PINZ INC.
Level 5, ANZAC House
181 Willis Street
PO Box 27-340
WELLINGTON
New Zealand
Tel:
Fax:
Email:
Web:

(04) 384 7094

(04) 384 8473
national@[Link]
[Link]

Tel:
(02) 9299 1811
Fax:
(02) 9299 1490
Email: nsw@[Link]

16.5.2

AN Z VA LUAT I ON A ND P ROPE R T Y STAN DARDS