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Non compliant site levels / elevations - Help please!!

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Hi, we’ve just completed a build with Metricon in Melbourne. Was a knock down rebuild, we built 2 homes on the one site. Last week our neighbours reported us to council stating the level of our land was too high. Turns out they were right and we are meant to have a 900mm drop 2m into our backyard. My question is should Metricon have complied with the elevations as per the plans or is it our responsibility. Landscaping is not included, but ensuring compliance with the planning permit is not landscaping right?? Any advice gratefully received as I reckon M will try to get out of fixing this.
They should have built to the approved plans and levels.

Are the slab levels correct and it's a landscaping problem between the homes or is it that the land wasn't leveled correctly before the slabs were laid and thus the rear house is too high?
The short answer is that building design must comply with town planning permit and the construction must comply with building permit drawings. The responsibility is not yours but letting builder build your investment without your independent inspector supervision is reckless. This could have been picked up before slabs were done.
Build-expert whilst I agree with you, not everybody is aware that they can use a independent inspector - and to be honest, I don't think an inspector would be looking at the Building Plans and typically would not jump onto the local council website to determine if there is a planning approval in effect.

Just to be clear do you mean town planning approval or building approval?



Site levels approved in a town planning process are typically only relevant to the extent of limiting overall building height, extent of retaining, flood immunity etc etc. Planners don't typically get involved in the nitty gritty of RLs on building plans insofar as the design.

If it is a town planning approval (and not a building approval) you can pursue a generally in accordance or minor change (depending on the extent of the changes and the need for the cut component in the first place). Unless there is some pressing need for the finished heights, then it isn't a big deal to be honest.

Feel free to DM me if you need more assistance. Best of luck.
This is why I said short answer


As far a s I know Metricon would build to their own design therefore responsibility for compliance with town planning permit would be on Metricon. Then Metricon would develop construction drawings and the responsibility for compliance with Building Act and regulations would again be Metricon.

OP is taking about 900mm error in levels. As experienced builder I may not pick up just by looking if levels are 100mm out but would certainly pick up 300 and guaranteed to pick up 900.

No I would not be referring to TP drawings but to approved building permit drawings (which I assume comply with TP) and the 900 error would have been picked up. If I was doing pre slab inspection I would have alerted owner before slab was poured.

Some time ago a member on this forum had problem with site drainage, I picked up from drawings posted on this forum that his builder has built his house 300mm too low (something his own independent inspector missed).

It is precisely because many people are reckless that I get so many calls after they get into trouble. I would prefer to keep them from trouble.
Anyway.....

Kate3079 you need work out if you builder has not complied with the approved building plans, or if your certifier has not not complied with the town planning approval, then you'll know who made the error and you can work out how to get it resolved.
Thanks all. We did have an independent inspector who didn’t pick it up. I think the house levels are correct but there appears to be too much fill between the houses.

Metricon aren’t being super helpful. They are yet to comment on the issue!
Kate3079
Thanks all. We did have an independent inspector who didn’t pick it up. I think the house levels are correct but there appears to be too much fill between the houses.

Metricon aren’t being super helpful. They are yet to comment on the issue!


Put up a picture of the highlighted problem. If structure is fine, I'd be interested in seeing what the actual problem is then.
MC
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