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In technical terms, section 46.2 of the Building Act clearly states that a registered person under the VBA can look at the dwelling and pass it knowing that it does not comply.
Same with plumbing which is self certfying, the building surveyor only needs to sight the certificate as 'proof' of compliance.
For the knowledge of all, this clause came in after a Private Inspector told the builder that they had a fault with the slab just after it was poured.
The builder ignored the Private Inspector. The Private Inspector then proceeded to have the correct test done. The builder proceeded with the double story build.
You can all imagine what the home owner was feeling as the builder refused to pay for or carry out the test that needed to be done on the slab.
Thankfully the home owner stuck with the Private inspectors opinion and the test results returned a damming outcome. The builder had the roof on, the electrical in, the plumbing in and was proceeding to lockup when the results came back.
The slab failed by a considerable margin. There was no way of fixing the issue in a complaint manner. Hence the builder had to demolish the home.
The private inspector is well know and one of the most reputable companies operating. He has been doing this roll for over 15 years. Yet they refused to listen to his comments on the slab or concerns by the home owners as he was not registered.
Bare in mind that there is no registration requirements in Victoria for Private Inspectors. The only registration would be Surveyor, however then the Building Act would prohibit the private inspector from site. See section 79 of the Building Act. All builders know this........
Here is the worst part. The registered builder, his unregistered staff, his unregistered supervisor, his unregistered construction manager and so on, the unregistered trades and the registered building Surveyor all missed this item during their inspections and quality assurance processes.
So why would they state that only a registered inspector can do the inspections? Yet all the builder uses is unregistered trades and staff to the majority of the process.
In technical terms, section 46.2 of the Building Act clearly states that a registered person under the VBA can look at the dwelling and pass it knowing that it does not comply. The Surveyors use this clause with regularity in VCAT when they approve a dwelling that is not compliant.
It is all smoking mirrors. The builders are the winners and placing restrictions in contracts should be setting off alarm bells in any reasonable persons mind.
Omg @Small Minds I’m really nervous now! Our slab and build is kind of unique and I hope they haven’t F$&& up! We have Sam Mamone inspecting ours and so far looks okay ! Gees I’m really feeling nervous to have picked them
Sam is one of the good guys. He will look after your best interest. You need to be strong with the builder and when they state that Sam is wrong, ask the supervisor for his registration number. Sam is registered, however I won't hold that against him........
Sam is only as strong as you want to be.... The stronger you are, the better the outcome.
Cheers
The slab failed by a considerable margin. There was no way of fixing the issue in a complaint manner. Hence the builder had to demolish the home.
Slabs should be inspected by Engineers discussed here
Info Required Pls- Private building inspector (NSW)
The building surveyor or the appointed inspector under the surveyor can approve a slab in Victoria. I teach the Advance Diploma of Building Surveying and I can tell you that there is not a great deal in the engineering component. It allows for an understanding of the drawings and how to read them.
If we changed to an engineering approval process, such as NSW or Queensland, it would be a more robust system. However at this time we have approvals by Inspectors that have a limited licence.
Cheers
A chain is only as strong as its weakest link.
Yes I have noticed that engineering has been lessened and dumb down as a result of the building boom that accommodates
1.Trade & Skill shortages
2.Building professionals that can't read plans
3.Lack of on site supervision,etc,etc
4. Battlers and Punters are told to accept lower building standards which results in disposable homes that won't last 30 years
5.Manufacturing Industries Adopting "Couldnt Give a Sh!t with what builders do with our products in housing"
By the time their house is paid off they'll require a dilapidation report and they won't be able to afford to start the cycle again
Sadly, "The
Australian Dream of owning your own house?" won't come to those that fall asleep during the build
Cheers
Chris
As a builder who has lived through change from council building inspectors to privatised building surveying and inspections I can tell you of a catastrophic fall in inspection standards and attitudes.
Before the change if you were the builder and you requested slab inspection and it wasn't fully ready, council inspector would walk away and tell you to rebook again.(which is what should happen) not so now.
After the change, anything goes, the flood of "blind Freddies" was amazing" I remember one time when building a factory we braced wrong bays of the roof and wasn't picked up and was passed.
I woke up to it later and fixed it but there are countless similar examples. I was amazed at what was missed and now continue to be on my inspections for others.
That is not to say there were not inspectors that maintained their standards but they became minority and are a diminishing breed.
I do not believe moving a way from council inspectors was good for inspection standards.
As a builder who has lived through change from council building inspectors to privatised building surveying and inspections I can tell you of a catastrophic fall in inspection standards and attitudes.
Before the change if you were the builder and you requested slab inspection and it wasn't fully ready, council inspector would walk away and tell you to rebook again.(which is what should happen) not so now.
After the change, anything goes, the flood of "blind Freddies" was amazing" I remember one time when building a factory we braced wrong bays of the roof and wasn't picked up and was passed.
I woke up to it later and fixed it but there are countless similar examples. I was amazed at what was missed and now continue to be on my inspections for others.
That is not to say there were not inspectors that maintained their standards but they became minority and are a diminishing breed.
I do not believe moving a way from council inspectors was good for inspection standards.
I agree.
Under the laws of Australia, the home owner is 100% responsible for the house being built in a compliant manner. Not the builder. Not the Surveyor. You the Home owner. No matter what happens on site, if there is a defect, the home owner is responsible under the Australian Legislation. The home owner contracted the builder. The home owner contracts the surveyor.
Sometimes builders don’t like being told that they are wrong and that they need to fix something. With the increase in Private Inspectors, builders seek ways to keep them off site.
Builders will use all manner of behind the scene processes to cut cost of place special conditions in a contract to try and restrict the home owners’ rights. Before you fall in love with the design, ask for a standard copy of the contract and a standard copy of the specifications. Don’t accept a brochure. You want what you are going to sign. If they don’t give it to you, then alarm bells should be ringing. Watch out for smooth talkers. They are great and diverting you away from what you want.
One of the biggest issues is builders placing terms into the contract to stop you from using who you want as a private inspector. The law states that you can use anybody as per the Building Acts. The builder cannot in most cases restrict you. The Private inspector works for you. Not the Builder. Hence the builder has no control over them.
Another is to put specifications out that are not equal to the Australian Standards. Once you commit to the design and go through the colour selections and all of the other processes, you are emotionally and time committed. At this point, generally 3 to 6 months into the process, the builder presents the contract and specifications that have all of these hidden clauses.
Pressure is applied at that time to sign on the day or you will lose such and such a bonus. Do not sign anything that has not been checked by a lawyer of your choosing.
The second a builder starts talking about special conditions or you have a large amount of specifications that have building diagrams and clauses, seek the services of a professional construction lawyer immediately. If you sign the documents, you may have given away your rights to have the home built in a manner that is compliant with the Australian Standards. Remember it is your obligation to have the home built to the requirements of the National Construction Code. Not the builders or the Surveyors.
As an example, some builders will seek to restrict your rights to use a private inspector. Others will insert what they call Performance Solutions. Or they may call them special building processes.
This warning is given to all as a way of assisting you. Deal with a quality builder that has the runs on the board. Stay away from those that seek to hide behind clauses and conditions. Research the internet and see who is doing what in the contracts. Listen to them as they have had the heart break. Remember, just because it looks good does not make a house complaint. If it comes with conditions that are outside of the normal, then you are more than likely being suckered in.
As a builder who has lived through change from council building inspectors to privatised building surveying and inspections I can tell you of a catastrophic fall in inspection standards and attitudes.
Before the change if you were the builder and you requested slab inspection and it wasn't fully ready, council inspector would walk away and tell you to rebook again.(which is what should happen) not so now.
After the change, anything goes, the flood of "blind Freddies" was amazing" I remember one time when building a factory we braced wrong bays of the roof and wasn't picked up and was passed.
I woke up to it later and fixed it but there are countless similar examples. I was amazed at what was missed and now continue to be on my inspections for others.
That is not to say there were not inspectors that maintained their standards but they became minority and are a diminishing breed.
I do not believe moving a way from council inspectors was good for inspection standards.
I agree.
Under the laws of Australia, the home owner is 100% responsible for the house being built in a compliant manner. Not the builder. Not the Surveyor. You the Home owner. No matter what happens on site, if there is a defect, the home owner is responsible under the Australian Legislation. The home owner contracted the builder. The home owner contracts the surveyor.
Sometimes builders don’t like being told that they are wrong and that they need to fix something. With the increase in Private Inspectors, builders seek ways to keep them off site.
Builders will use all manner of behind the scene processes to cut cost of place special conditions in a contract to try and restrict the home owners’ rights. Before you fall in love with the design, ask for a standard copy of the contract and a standard copy of the specifications. Don’t accept a brochure. You want what you are going to sign. If they don’t give it to you, then alarm bells should be ringing. Watch out for smooth talkers. They are great and diverting you away from what you want.
One of the biggest issues is builders placing terms into the contract to stop you from using who you want as a private inspector. The law states that you can use anybody as per the Building Acts. The builder cannot in most cases restrict you. The Private inspector works for you. Not the Builder. Hence the builder has no control over them.
Another is to put specifications out that are not equal to the Australian Standards. Once you commit to the design and go through the colour selections and all of the other processes, you are emotionally and time committed. At this point, generally 3 to 6 months into the process, the builder presents the contract and specifications that have all of these hidden clauses.
Pressure is applied at that time to sign on the day or you will lose such and such a bonus. Do not sign anything that has not been checked by a lawyer of your choosing.
The second a builder starts talking about special conditions or you have a large amount of specifications that have building diagrams and clauses, seek the services of a professional construction lawyer immediately. If you sign the documents, you may have given away your rights to have the home built in a manner that is compliant with the Australian Standards. Remember it is your obligation to have the home built to the requirements of the National Construction Code. Not the builders or the Surveyors.
As an example, some builders will seek to restrict your rights to use a private inspector. Others will insert what they call Performance Solutions. Or they may call them special building processes.
This warning is given to all as a way of assisting you. Deal with a quality builder that has the runs on the board. Stay away from those that seek to hide behind clauses and conditions. Research the internet and see who is doing what in the contracts. Listen to them as they have had the heart break. Remember, just because it looks good does not make a house complaint. If it comes with conditions that are outside of the normal, then you are more than likely being suckered in.
Very valuable advice, highly appreciated !
@gwj ... tagging you since I think its good you have a read
@gwj ... tagging you since I think its good you have a read
Good one. Definitely agree but it really is a task getting them to fix the issues. I just don't get how they invoice without completing a job and the contract just lets them do it. Something wrong with the building act i think! Mostly on the side of the builders!
How are you holding off the final payment?
@gwj ... tagging you since I think its good you have a read
Good one. Definitely agree but it really is a task getting them to fix the issues. I just don't get how they invoice without completing a job and the contract just lets them do it. Something wrong with the building act i think! Mostly on the side of the builders!
How are you holding off the final payment?
I didn’t hold off any payments @gwj .. they always issued invoices way before work was finished .. our SS was good so I trusted him.
The final invoice got issued last week .. it’s dated 30/4 but I think was issued last Tuesday .. the bank told me not to send it unless it’s occupied with certificate of occupancy which we are waiting for ... DJM inspected last week but it didn’t get approved due to some outstanding things
...
@gwj ... tagging you since I think its good you have a read
Good one. Definitely agree but it really is a task getting them to fix the issues. I just don't get how they invoice without completing a job and the contract just lets them do it. Something wrong with the building act i think! Mostly on the side of the builders!
How are you holding off the final payment?
I didn’t hold off any payments @gwj .. they always issued invoices way before work was finished .. our SS was good so I trusted him.
The final invoice got issued last week .. it’s dated 30/4 but I think was issued last Tuesday .. the bank told me not to send it unless it’s occupied with certificate of occupancy which we are waiting for ... DJM inspected last week but it didn’t get approved due to some outstanding things
...
Yeah i told them about the bank's process just now that we can't issue the final payment till we get all the required documentation and after the bank inspection is done
Manj. I trust our SS too which is why i'm not too fussed but they have to fix the defects our inspector reports on. I feel like these are the toughest stages to get through.
Yeah i told them about the bank's process just now that we can't issue the final payment till we get all the required documentation and after the bank inspection is done
Manj. I trust our SS too which is why i'm not too fussed but they have to fix the defects our inspector reports on. I feel like these are the toughest stages to get through.
My Admin girl just didn't take my word on the bank process so I emailed the bank and got them to send me in writing the process and then forwarded to the admin ...no response to that email....whilst we seem to trust them it doesn't seem to be the case when it comes to them having trust in us...@gwj
Yeah i told them about the bank's process just now that we can't issue the final payment till we get all the required documentation and after the bank inspection is done
Manj. I trust our SS too which is why i'm not too fussed but they have to fix the defects our inspector reports on. I feel like these are the toughest stages to get through.
My Admin girl just didn't take my work on the bank process so I emailed the bank and got them to send me in writing the process and then forwarded to the admin ...no response to that email....whilst we seem to trust them it doesn't seem to be the case when it comes to them having trust in us...@gwj
Same
Manj There was a slight delay on our fixing invoice because it was during the easter break and she just calls and says we will have to stop work even though 7 working days hadn't passed for the bank. The bank paid it within 7 working days. And mind you this was an invoice where the work wasn't even completed. After tender it goes pretty downhill admin wise. I'm quite nervous about final if this is how they play it. How can they invoice you when DJM hasn't even given the ok. They're really breaking the law here i think. My SS so far hasn't said work is completed without DJM approval.
Yeah i told them about the bank's process just now that we can't issue the final payment till we get all the required documentation and after the bank inspection is done
Manj. I trust our SS too which is why i'm not too fussed but they have to fix the defects our inspector reports on. I feel like these are the toughest stages to get through.
My Admin girl just didn't take my work on the bank process so I emailed the bank and got them to send me in writing the process and then forwarded to the admin ...no response to that email....whilst we seem to trust them it doesn't seem to be the case when it comes to them having trust in us...@gwj
Same
Manj There was a slight delay on our fixing invoice because it was during the easter break and she just calls and says we will have to stop work even though 7 working days hadn't passed for the bank. The bank paid it within 7 working days. And mind you this was an invoice where the work wasn't even completed. After tender it goes pretty downhill admin wise. I'm quite nervous about final if this is how they play it. How can they invoice you when DJM hasn't even given the ok. They're really breaking the law here i think. My SS so far hasn't said work is completed without DJM approval.
@gwj... Its just sad to be honest... very poor customer service and care factor seems 0