Browse Forums General Discussion Re: Purchasing 5 star house, has no insulation in walls as plans 2Mar 04, 2007 4:19 pm Internal and External Building and Colour Consultant Online - Worldwide http://www.denovoconcepts.com Re: Purchasing 5 star house, has no insulation in walls as plans 3Mar 05, 2007 3:47 am Peter Clarkson - AusDesign Australia www.ausdesign.com.au This information is intended to provide general information only. It does not purport to be a comprehensive advice. Re: Purchasing 5 star house, has no insulation in walls as plans 5Mar 05, 2007 10:23 am Peter Clarkson - AusDesign Australia www.ausdesign.com.au This information is intended to provide general information only. It does not purport to be a comprehensive advice. Re: Purchasing 5 star house, has no insulation in walls as plans 9Mar 06, 2007 8:04 am Peter Clarkson - AusDesign Australia www.ausdesign.com.au This information is intended to provide general information only. It does not purport to be a comprehensive advice. Re: Purchasing 5 star house, has no insulation in walls as plans 11Mar 06, 2007 9:10 am Peter Clarkson - AusDesign Australia www.ausdesign.com.au This information is intended to provide general information only. It does not purport to be a comprehensive advice. Re: Purchasing 5 star house, has no insulation in walls as plans 12Mar 13, 2007 11:47 pm Bud977 Aaahhh, so this is just a theoretical discussion. It would be unlikely you would get your money back after the cooling off period. You would need to take legal action if you have been sold something which is not as described. Definitely a case of seeking a solicitors advice if you decide not to proceed with any payments due as you could be in breach of contract. So who do you take legal action against? Who was the one who claimed it had a certain energy compliance? Who certified that it complied with this energy rating? Who currently owns the house? More info would be required. Definitely a case of seeking a solicitors advice if you decide not to proceed with any payments due as you could be in breach of contract. How could the purchaser breach the contract if the purchaser bought a house and on section 32 it stats that the house is 5 stars which it is not the case. So the Builder is in breach of the contract and for altering the plans without obtaining council approval and a new energry report, so what can the builder sue the purchaser for walking away from the contract even if the 3 day cooling off days have passed, nothing. The builder is in breach as he sold something not as described and a house that was illegally built so he has no grounds to sue the purchaser. Re: Purchasing 5 star house, has no insulation in walls as plans 13Mar 14, 2007 6:53 am As part of the Building Application one complete set of plans that are stamped & signed by the energy rater are required.
Every item on the drawings relating to the energy rating are set in concrete and cannot be altered. This includes the orientation of the home; the size of the windows, frame type & glass type; the insulation levels in the ceiling, walls and subfloor; the number & type of exhaust fans; the number of 240v downlights . . and more. Once the drawings are submitted if any item is altered then a new energy rating must be obtained & submitted to council to show compliance with 5 Star legislation. Together with the stamped plans a 'rating report' is included which lists the above items in detail & includes a 'Compliance Section' which is signed by the builder [or owner] As all drawings & specifications form part of the Building Contract the builder would be in breach of the contract. Whether this means that you are entitled to your deposit back is something I'm not qualified to answer but it may be that you have recourse under law for the stuffing around. Peter Clarkson - AusDesign Australia www.ausdesign.com.au This information is intended to provide general information only. It does not purport to be a comprehensive advice. Re: Purchasing 5 star house, has no insulation in walls as plans 14Mar 14, 2007 8:16 am Windsor, as this this is a complex matter, I made the suggestion that legal advice be sought. Quite reasonable I thought.
If you already know all the answers, why ask us? Re: Purchasing 5 star house, has no insulation in walls as plans 15Mar 14, 2007 11:45 am Bud977 Windsor, as this this is a complex matter, I made the suggestion that legal advice be sought. Quite reasonable I thought. If you already know all the answers, why ask us? Bud, I dont know all the answers, the reason for the thread is to get others on the forum point of view. 10 years ago was a different software than we use now. it has had a lot of changes over the past years. Improvments to the software and changes to how Nathers models need… 8 1458 Really tight at the top of the stairs- how to get furniture into those rooms? Study books - does anyone really use them these days? Large storage closet would be more functional. 2 6884 Ask the council if there is a chance of getting build over easement exemption. Sometimes easements are unused and 24cm is not all that much. Good luck. And yes any builder… 2 13771 |