Is it 'illegal' to enter your own site?

We went to site on Saturday morning, and whilst there, our neighbour told us he got burgled the night before hand over last week. His appliances were not in yet, so they stole all his taps and a pallet of bricks he bought to build his front lawn.

So, as we are almost complete, I thought it prudent to check our own security. I found that, although we have been at lock up for several months, and fix-out for a few months, I was surprised to find our door unlocked.

I went in to make sure nothing had been taken or vandalised and all seemed ok.

I e-mailed our builder to let them know our concerns over site security, especially as the house is near complete, and they thanked me for my concern and bringing the mater to their attention, but they went on to ask me to refrain form entering the site as it is in fact 'unlawful', (their words).

Now I realise their are liability issues etc, and builder in general wouldn't want you poking around he site, but is it actually illegal?

Our house has been at fix out for months, we own the land, the site is clear, there is no rubble or immediate hazards outside the house, there is no temporary fencing, the house is almost complete and the door was unlocked. As said, I own the land and have paid 90% of the contract price so far so pretty much own everything on the land.

Our contracts stated that the owner indemnifies the builder against any damage or injury as a result of the owner, so even if I did injur myself there would be no liability on the part of the builder, so just curious as to whether the term 'unlawful' is to frighten you out of entering your own site or whether there is in fact legal issued whilst it is under construction.

Cheers.

Until handover, I don't think you have a leg to stand on.
You might be fine, but there are a lot of nOObs out there,
should always get a clearance from the Builder. IMHO only.

This is an interesting question and it would be good to hear the legality.

I know we have been warned several times not to go into the site, they threatened that council would shut them down if people were seen in there. My one issue with this is when we get progress payments if we aren't allowed in there how do we check their work is ok? Especially since I can't get to the site when they are on site as I work full time.

FnH - are you in the building game?
If not I would think it difficult to make an informed assesment.
This is where it is good to have an independent to look over the site

onc-artison, I'm not in the building game either but by checking progress of my house I picked up several things that were wrong - for example kitchen window at wrong height, tap in wrong place and it was much easier for builder to correct then rather than later.

We were never told to keep off our site though

True, true well picked up
Though the builder would have fixed at his own cost.

I am not that impressed when ppl turn up out of the blue to walk into who knows what.
Granted the owner is still the owner, but I hate having to bill someone for unknowingly
taking a walk through their house(or others) and our return the next day to find floor coatings with footprints
Sand all over the place, cause they didn't take their shoes off.
But then they are all sorry and stuff but the job may need to be redone at someones cost.
It is hard enough to keep a site clean with tradies who don't give a dam.

Lots of coatings are done last thing to avoid crosstrade contamination
and also helps some coatings to suck in to the substrate when cooling(no outgassing like in the morning as it warms)
Tile screeds, lino levelers etc.

Soz for the rant but arrange a tour and all will be good.

This

2. What is 'reasonable access' to a building site? You, your building surveyor or other representatives will need to visit your building site before making stage payments. As the owner, you are entitled to ‘reasonable access’ and can view any part of the building works, provided you do not interfere with work on the site.

The Domestic Building Contracts Act 1995 clearly states that a builder must allow the owner and/or the owner’s agent `reasonable access’ to the site. What is reasonable will depend on the situation. For example, your builder informs you on Friday that the foundation stage is complete, and the slab will be poured on Monday. You want a technical advisor to inspect the work to ensure defects are not hidden in the process. You will require access on the weekend, at least.

It is a good idea to talk about ‘reasonable access’ with your builder and legal advisor before signing your building contract.
If you interfere with building works on the site, the builder is not liable for costs or delays resulting from your actions. However, the builder must notify you within five business days, in writing, of this cost or delay.

# Further Information: Contact Building Advice and Conciliation Victoria on 1300 557 559.



has been taken from here http://www.consumer.vic.gov.au/CA256EB5 ... reasonable

Thanks rellie, my explanation was from my side of the coin.
Guess that's why I'm doing what I do
Access is no trouble, just a phone call will do mostly.

No I'm not in the building game, but I can tell if the bricks are there or not. As there are few units being built, without going inside the fenced area you can't even see if the work they are asking to be paid for has even been done.

Later on I will want to know that the tiles, taps etc I selected are correct before paying as well.

Didn't mean to be anti, just show another view is all

onc_artisan - I kind of agree with you, but you can't really expect people not to go into the build if there is easy access?

My issue with the builder at the moment is their harsh wording, especially as the reason I e-mailed them was to say that the house was not secure - even though we've been at 'lock-up' for months. I went in and looked around as next door had just been burgled.

I would just really like to know if it truly is 'unlawful' for you to enter, or if the builder is just laying it on a bit thick to keep you out of the house?

I wouldn't worry about it. I reckon the email was just abit of a re-iteration of their position to protect themselves. And I'm not sugeesting you'd sue or anythinglike that, but just from their point of view....

If you emailed them about the lack of security and your CSC doesn't re-iterate that you shouldn't be there and just says, "Ok, thanks for letting us know"...... then next week you're are onsite and someone gets hurt.... you could produce the email and say.... "the company had no problem with us being onsite, in fact they were pleased we were raising issues, etc, etc." It then could get messy.....

It's not heavy-handed, just a bit of protection against liability by reiterating company policy I'd think.

Easy access at lock up... well I do have a problem with that.

Exactly. I just walked up and opened the door, hey presto - I was inside. We have been at fit out and therefore paying 90% of our mortgage for about 6 weeks now.

The place is practically finished, there is all sorts that a wrong-un could help themselves to.

I understand that they have to protect their backs by re-iterating that you shouldnt be on-site, but to say it is unlawful? I'm more intrigued about the law than anyhing else, whether you are actually doing something unlawful by being on your own land, in a house that had free access that you have paid 90% of?

I don't know if anyone has been prosecuted for entering their house before HO
and unannounced to the builder.
I guess if the sign says 'trespassers prosecuted' and you don't leave when requested
I mean well why would they, unless something is damaged and then they will go
to town on you.(cost wise)

I just see this as being a whole heap better, if you arrange for a site meeting.

Speeding is illegal, heaps do it, few get caught, does it make it right?
BIIK
onc

In your contract you will find a clause that says that you give the builder "legal possession of site" or words to that effect. That makes them legally liable for stuff that happens on your site...without "legal possession" they can't build, organise services, get insurance against theft, etc, etc.

Legal possession also makes them liable for accidents on site...including the owner tripping.

"Unlawful" is perhaps harsh...breaching the terms of the contract would be a more subtle way of phrasing that. Actually explaining it too you would be helpful as well.

That said leaving it locked and arranging for "reasonable access" (as summed up by rellie) is something the builder should be able to organise....

thanks To_do_list

I usually do request a site meeting, as I say, the only reason I went in this week was due to next doors burglary.

I totally agree that they should go to town on you if you damage something.

As for tresspassing signs, there are NO signs, no temp fencing, nothing. The site is clean, the house is built and clean and the door is open.

Even if there was a no tresspassing sign, can you actually tresspass on your own property?

The way I see it is that it is my land, and I have paid 90% of the build so far. I understand and agree with the reasons they don't want you there, but to say it is unlawful? I would genuinly like to know if it is in fact illegal - not because it would change anything, I am just interested to know on what point it is illegal if you technically own everything?

to_do_list - the contract also ha a clasue that indemnifies the builder against injury or death of the owner, or caused by the owner (i.e. me). Maybe you have answered my question with the legal posession thing. I wonder if I am technically tresspassing?