Browse Forums General Discussion 1 Mar 03, 2007 10:13 am If I purchased a newly built house in Victoria that stats its 5 star on the energy report, and its stated at the council and on there plans and building plans provided by the builder and shows that the roof requires sarking "foil" and insulation in all walls and SG glass and the plan was altered without council knowledge.
And I've just handed over a deposit for a home that is meant to be a 5 star home and the energy report stats that R2.5 batts are meant to be installed in the walls which they are not and no sarking in roof and I find no insulation in the walls after handing over deposit. What can I do and what are my rights. Re: Purchasing 5 star house, has no insulation in walls as plans 2Mar 04, 2007 4:19 pm Why didn’t you check all this before handing over your deposit??
It falls a little short of a 5 * energy rating without all that you have said. Just curious??? 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 Windsor, when the plans are submitted to council there is a requirement as part of the application to have one complete set of plans stamped & signed by the energy rater.
There is also an energy rating report - around 4 sheets - that is submitted. Whatever is stated in the report - insulation levels, glass & window type etc - must be used. If any items are altered or not used then a new energy rating must be done. Also as part of the rating report there is a section that the owner & builder sign declaring if any items have been altered. 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 4Mar 05, 2007 6:29 am ausdesign Windsor, when the plans are submitted to council there is a requirement as part of the application to have one complete set of plans stamped & signed by the energy rater. There is also an energy rating report - around 4 sheets - that is submitted. Whatever is stated in the report - insulation levels, glass & window type etc - must be used. If any items are altered or not used then a new energy rating must be done. Also as part of the rating report there is a section that the owner & builder sign declaring if any items have been altered. What happens if the council don't have any permits or changes that were done to the house as per the plans and energy report, and all items were altered without the councils knowledge and the energy star creditors knowledge as they don't need to see the house to sign off on the energy report ? Michelle: I havent purchased a house yet, its just a general question. And you would assume that the builders complied with the energy report, but I giuess today you cant trust anyone. Re: Purchasing 5 star house, has no insulation in walls as plans 5Mar 05, 2007 10:23 am If that is the case then the house has been built 'illegally' as the requirements of the energy raters report are mandatory and are a part of the 'building approval' 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 6Mar 05, 2007 12:39 pm So basically you could get your deposit back and walk away if you signed a contract even after the 3 day cooling off period, what can the council do to the builder if they find that he has not complied with the energy report and altered the building plans and not built it to the plans?? Re: Purchasing 5 star house, has no insulation in walls as plans 7Mar 05, 2007 2:11 pm 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. Re: Purchasing 5 star house, has no insulation in walls as plans 8Mar 05, 2007 10:51 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. Legal action would be taken against the builder. The Builder would be at fault as he is responsible for all the work along with the supervisor that was on the job. I doubt the builder would want to spend $25,000 + removing the plaster and installing insulation and new plaster again, along with all the other work like skirting and painting the hole house and installing sarking in the roof. The reason I'm asking these questions is that I know of some homes that have been built with no insulation and the owners don't know until they have installed wall mounted A/C. As to getting out of the contract, you could say the house is unlivable in, as its requires insulation as per the energy report and plans, if its not built to the energy report and plans a occupancy permit can not be issued and that makes the house unlivable. This could be your argument in getting out of the contract and walking away even after the cooling off period. I cant see a builder pulling off the plaster for a 30sq home to install insulation, its harder enough getting them to do anything after settlement. What would you do, would you countinue on and pay the final payment on settlement and didnt get what you paid for when you were told it had insulation and was a 5 star house when it isnt. Looking forward to your replies. Re: Purchasing 5 star house, has no insulation in walls as plans 9Mar 06, 2007 8:04 am Windsor I think that the situation is pretty straight forward - the builder would be required to rectify everything.
Mind you if the situation is to the extent you describe he would in all likelyhood declare himself bankrupt or be forced into bankruptancy. As is shown by your scenario, although the building inspections are in place to ensure that construction is carried out as per the approved design, items such as wall insulation which would be installed after the frame inspection cannot be readily inspected as the walls are covered over prior to the next inspection. The only way to protect consumers would be to have an additional inspection - pre internal lining. With insulation requirements [walls] now a requirement in some forms of construction this makes sense. The same situation could occur with for example a cathedral ceilng where the insulation is not readily viewable by an inspector after the ceiling sheets are installed. In a normal attic roof construction it is possible for the inspector to 'poke his head' through the manhole & sight the ceiling insulation - not that I've seen it happen often. Sarking, or lack of, [if required] under the roof sheets or tiles would be similar. The long & the short of it is that if it is nominated on the plans and not included then the builder will be required to correct the situation at whatever cost to himself. 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 10Mar 06, 2007 8:35 am Did these people buy a new house direct from the builder? Even if they did, the builder is not necessarily responsible. Someone (Certifier, inspector?) has certified that the construction complies with the DA approved plans. They would likely be the ones responsible and could be taken legal action against if the construction doesn't match the plans.
Is wall insulation essential in gaining a 5* energy rating? Maybe they have have acheived this using wide eaves for solar protection etc. Perhaps someone familiar with the rating system could comment. Re: Purchasing 5 star house, has no insulation in walls as plans 11Mar 06, 2007 9:10 am My understanding is that 'down the chain' the builder would still be responsible.
The fact that an inspection has been 'passed' does not absolve the builder or contractor for not fulfilling the contract. In some cases it may be possible to achieve a 5 star energy level without for example wall insulation. In Vic a brick veneer home on a concrete slab with correct orientation and glazing types and additional bulk insulation to the ceiling may achieve the required points score but this would not be the nom. Generally a minimum of R1.5 to the exterior walls would be required. 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 1496 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 6885 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 |