Building Surveyor In The Wrong

Lisa06 · Sep 30, 2020 4:04 pm

We are the second owners of our property.

The previous owners engaged an unlicensed plumber to connect the home stormwater to the water tank (so there is no compliance certificate).

This work was found by forensic plumbers to be non-compliant.

The Building Surveyor (BS) who issued the Occupancy Permit (OP) for our property, did so without sighting the water tank plumbing compliance certificate.

We filed a complaint to the VBA against the BS and the VBA agreed that the BS was in the wrong, and that disciplinary action will be taken against him.

However, the VBA said that they cannot help us seek compensation for the non-compliant work.

Who should I be speaking with to seek compensation/rectification? Is the builder responsible for the Building Surveyor?

building-expert · Oct 01, 2020 9:06 am

If the plumbing work was of value as to required compliance certificate, as it seems it was then unregistered plumber is at fault.
VBA agreed that RBS was at fault.

Your option is to make VCAT claim for damages against unlicensed plumber and RBS

Lisa06 · Oct 07, 2020 5:22 pm

building-expert

If the plumbing work was of value as to required compliance certificate, as it seems it was then unregistered plumber is at fault.
VBA agreed that RBS was at fault.

Your option is to make VCAT claim for damages against unlicensed plumber and RBS

I think I read that you can only make a claim against an unlicensed plumber within three years (it's been longer than three years).

Isn't the builder responsible for the RBS? So then would a claim against the builder be sufficient? (no doubt the builder will pull the RBS into the matter).

building-expert · Oct 07, 2020 9:35 pm

You are more likely to recover from RBS professional indemnity insurer

Liliana · Oct 08, 2020 1:53 pm

I wouldn't hold my breath about any disciplinary action against the BS by the VBA unless they have seriously lifted their game in the last few years. In our case all they did was write a letter to the BS telling him not to do it again. I'll be interested to hear what sort of disciplinary action they take in your case.

Lisa06 · Oct 09, 2020 7:10 am

building-expert

You are more likely to recover from RBS professional indemnity insurer

At present the RBS is ignoring me!

Lisa06 · Oct 09, 2020 7:12 am

Liliana

I wouldn't hold my breath about any disciplinary action against the BS by the VBA unless they have seriously lifted their game in the last few years. In our case all they did was write a letter to the BS telling him not to do it again. I'll be interested to hear what sort of disciplinary action they take in your case.

I don't hold my breath when it comes to anything related to the VBA. I've never dealt with a more incompetent regulatory body. I'm aware they won't do a thing.

Liliana · Oct 09, 2020 9:07 am

So the more things change, the more they stay the same.

I feel so sorry for you. It might be worth speaking to Mauromario's lawyer, Mark Croft, if you are in a financial position to do so. But I think you already know about him.

building-expert · Oct 09, 2020 10:07 am

Consumer protection for homeowners in Victoria is a scam, VBA is just another time wasting hoop to jump.

SaveH2O · Oct 09, 2020 11:20 am

There are many good people in the VBA, unfortunately they are not in the upper echelon and can only act within their own boundaries. The VBA was set up as a toothless tiger and changes since have been insufficient.

Lisa06 · Oct 09, 2020 12:25 pm

Liliana

So the more things change, the more they stay the same.

I feel so sorry for you. It might be worth speaking to Mauromario's lawyer, Mark Croft, if you are in a financial position to do so. But I think you already know about him.

I have already spoken to Mark. There's a lot of weigh up at the moment. Thank you.

Lisa06 · Oct 09, 2020 12:26 pm

building-expert

Consumer protection for homeowners in Victoria is a scam, VBA is just another time wasting hoop to jump.

I know. Sad but true.

Lisa06 · Oct 09, 2020 12:28 pm

SaveH2O

There are many good people in the VBA, unfortunately they are not in the upper echelon and can only act within their own boundaries. The VBA was set up as a toothless tiger and changes since have been insufficient.

It's a complete, time-wasting joke.