Structural Issue - DPC Higher than finished floor level

Hi all

I have a major problem uncovered and I would appreciate on guidance on how to go about this.

The issue is:

AS 4773.1: - in no case shall the damp proof course be placed higher than the finished floor level.

The damp proof course (DPC) to areas of this dwelling do not comply with this requirement.


Things to note:

• This defect stems around the ENTIRE house.
• This defect was originally uncovered before pre plaster and has not been rectified
• I am currently WITHIN maintenance period and sending this to the builder
• I understand this is a major structural issue?
• My inspector has said there are performance solutions which the builder must come up with. My builder is a joke and I don't trust them
• The inspector has said if this isn't rectified I need to take it to the VBA

Admittedly I'm still confused by this and how bad it is. And stressed.

How should I go about getting this fixed? Has anyone dealt with this defect before?
What standing ground do I have? Maintenance period finishes in 40 days roughly. I understand legally as long as I put this through before the time is up it must be fixed.

What exactly are the right performance solutions? What should I expect the builder to come up with? (The inspector said something along the lines of water proofing the wall somehow)

My inspector didn't really want to say it but he insinuated that if a performance solution isn't in place the only other solution is to smash it all down and start again...

Have you got any photos?

I have one from the report and another from the previous. The inspector has noted this occurance is around the entire property however.

has anyone actually measured relative heights of DPC and internal FFL?

I'm not sure. The only information I have is the above in the reports. My inspector called me and highlighted that over everything else in the report, this is the most serious issue and its critical my builder find a performance solution.

From the photos you posted it looks there is no much in it.
Why did your inspector not measure it?

Not much in it as in not as bad as proclaimed?

Again I'm not sure. The defect states its above finish floor level. Regardless of what this distance is, is it still not a defect nonetheless if its above the FFL?

There is a system where they drill 10mm holes all around the perimeter and inject chemicals to stop the water and salt rising.

You should get your facts right before you start asking questions. If it is higher how much? Why isnt it measured?
Yes it does matter because if there is not much in it you could claim construction tolerance. The slab can be out by 20mm in the length or the width of the building.

The builder has come back and has not accepted my maintenance list. They have even dismissed every other single item. They stated the above defect (as well as every other defect listed) is within code and a 'construction issue' and since I signed handover its accepted. Is this seriously the case? They have said since its not a 'maitenance item' they wont look at it.

What are my rights here? They are claiming this is not a maintenance issue. But my inspector classed it as a serious defect.

It looks like I'm stuck with these defects? I'm a little bit lost.

are you in Victoria?

Victoria yes.

If your inspector can't guide you with this than what good is he?

It is likely you will end up in dispute and you will need expert report to take to DBDRV and then to VCAT if the dispute is not resolved.
You can PM me with the details

interesting situation

what happened after builder issued final invoice? did you list as defect or not

does the building surveyor have any responsibility? ie. issuing occupancy certificate

for a new build its not acceptable, what is a "construction issue"