Browse Forums General Discussion 1 Feb 27, 2011 3:20 pm Hi folks I posted a while ago about issues with our stormwater drainage but now need further help if anyone can point us in the right direction/offer some advice....... History is - we bought this house in Sept of last year (2010). The original house was built late '50's sometime. However, we bought the house off an owner/builder who did an extension to the property and complete renovation. A small deck was also added. Ever since we have moved in, we have had issues with our stormwater not draining - and a drain hole at the end of our driveway (near the house) being almost continuously blocked and flooded. After making lots of phone calls and doing our own research, we have found out that we do not have any 'legal point of discharge' for stormwater off our property. So, we were told there was probably a soak pit or leech drains (or who knows what) dealing with our stormwater. So, then, we followed a downpipe from the new extension, which led under our deck. We pulled up some of the decking boards, and there, we have discovered a very small, ancient looking soak pit (hubby reckons it isn't even a soak pit, he thinks it is just some sort of collection point and it is meant to drain out of there via another drain leading out in the opposite direction - draining to the 'never never'). It is brick and has the old terracotta pipes leading in. Basically, we don't think that the owner/builder has complied with regulation or that they would be allowed to put new drainage pipes into such an inadequate system. But we are trying to work out where to take this next. We have been in touch with the council - they said that they cannot really advise in our individual circumstances because this was a private job signed off by a building surveyor. They did say that you are 'allowed' to tap into existing drainage systems 'if the current system is adequate' - and from what we can gather - if it meets requirements. We asked the council what the requirements are for connecting drain pipes etc for an extension - and he just said "I can't say but it would be stated on the building permit". The building permit - or 'proposed alterations and additions' which has been drawn up by an architect/design firm, and endorsed by the building surveyor as "Building permit endorsed plan" (which we have a copy of) says that all drainage must be sufficient distance from any building footings and/or slab edge beams so as to prevent general moisture penetration, dampening, etc etc etc etc. So the thing is, this soak pit is under the deck and is so small that it floods at any decent rainfall and under our deck - AND under the house is sitting in pools of water. We have contacted the plumber - who told us that he told the OB that the pit is blocked/not working/inadequate (whatever) but the OB told him that he did not want to spend any $$ on it and to just connect all downpipes up to that. He also told us that for a renovation under a certain size, you are 'allowed' to connect to existing system. We have spoken to the building surveyor who also confirms that they are able to connect to current system - although in one of his later emails he says "which I note connects up and runs to an easement at the back of the property (problem is, it doesn't, it sits under the deck and even though there may/may not be a pipe that drains it away - the drain is either broken or not going anywhere because we DO NOT have drainage on an easement at the back of the property). So he is kind of not addressing the problem that it sits under the deck (the 'proposed' drawings show that the drainage should run off to the back - but it doesn't - or it does via cracked/broken/inadequate pipes again leading to nowhere). We actually have heaps of other issues all relating to plumbing in one way or another and when we emailed the building surveyor with them all, he just said "wow, sounds like you have lots of issues - the only thing I could do is issue an order on the property - which would be directed at the owners - you guys (us). You would then have to go through your builders insurance who will send out an inspector and then try to get the OB to repair any work required". But..... I am not sure whether we want to go down that path - or whether we should go via the building/plumbing commission or VCAT?? I guess ultimately... my first question is.... how can we establish whether the OB/plumber/building surveyor has followed correct regulation? Who can check this? Building Surveyor certainly isn't offering to come and check (and also admitted they only do limited inspections mainly in the beginning of the process). Will someone from the plumbing comission come and check it out? Who will advocate for us? We want to know a) if they/the OB have not complied and b) if they/the OB have to fix it. We would really like them to have to fix it out of their pocket as opposed to using insurance because they have done so much wrong it's not funny. Ok, will leave it there. For those that have managed to follow this post to the end - and hopefully make any sense of it - well done. Any help greatly appreciated because this is quite a nightmare for us. I'm happy to fill in any blanks if I have left some gaps in my story (and this is meant to be the 'short' version ). Thanks... HHCIB Re: Major issues with stormwater drainage - need help. 2Feb 27, 2011 3:43 pm I would think that the way to resolve it will be through the initial contract of sale. Below is a typical section of a Sale contract Clause 2.6 of the attached sale document covers the issue of defective building work. I would assume your contract has a similar clause. http://www.realestatedocuments.com.au/s ... Estate.pdf The Harder You Try - the Luckier You Get ! Web site http://www.anewhouse.com.au Informative, Amusing, and Opinionated Blog - Over 600 posts on all aspects of building a new house. Re: Major issues with stormwater drainage - need help. 3Feb 28, 2011 10:16 am Hi again Bashworth... thanks for your help/input once again . Yes, our contract does have that (funny how all that 'fine print' can actually mean something sometimes . If we took this path, who would we contact though - RE agent? Their solicitor? Our solicitor? (Not that we have a solicitor, we only used a conveyancer for the purchase of this property so I don't think she gets involved with any of this side of stuff.... do they??). Further... those points in the contract refer to 'The Building Act'.....this is what I want to know...what is the Building Act (in relation to my query), where can I view it/or get details of it??? We just want to know if they have done the wrong thing - we don't know if they have (but just think that they have from what we are gathering) - who 'says so'. Who can tell us? Thanks again for this heads up to the contract though, Bashworth. Def. worth noting and checking out. HHCIB Re: Major issues with stormwater drainage - need help. 4Feb 28, 2011 11:33 am This should take you to a copy of the Building Act www.legislation.vic.gov.au/.../ db68ace1bb0b997cca257528007a4e7d!OpenDocument Also you should be able to find more information on the Victorian Building Commission website. If you are going to take it further through the sale contract conditions you would need to discuss with a lawyer. Although I am familiar with the small print on contracts I am no lawyer. The Harder You Try - the Luckier You Get ! Web site http://www.anewhouse.com.au Informative, Amusing, and Opinionated Blog - Over 600 posts on all aspects of building a new house. Need more photos from around the house including your gutters. We have had 3 of the wettest years in a row for some time so that wouldn't be helping 3 6940 Hi there everyone i was hoping to get some details and some clarification on some potential defects that may have occurred our recent bathroom renovation. 1. There seems… 0 6966 Plumbers 'can be' plumbers, made all the worse by self certification which the building surveyor invariably accepts as proof of compliance! The good thing is that you know know. 3 4835 |