Bushfire levy revoked but builder burbank still charging

Hi All,

I am a first home buyer, our land recently got titled and Bushfire levy had been rescinded in Manor lakes(stage137).

Spoke with my builder Burbank,who have refused to reimburse the amount (5K).

At time of a sales i was told if BAL is revoked they will credit the amount in final invoice.

Has anyone gone through a similar situation ?

Or know where i can raise the issue.

If there was an amount in the contract that was not delivered it will need to come through as a contract variation. Have you received your final invoice?

arcachon is right, if you have signed building contract this must be processed as a post contract variation and you should get a credit for the bal allowance. Your independent inspector should be able to guide you through with this. If you haven't got one consider getting one.

Thanks for feedback guys.
That's is excalty what I told Burbank about post variation contract.
But Burbank has decided that they will still build according the BAL12.5 needs, as amount is payable.
I haven't got independent building inspector yet but will get one soon.
I am just shattered as the amount is 5k.

Typical example of builder treating owner as a pushover, I have seen it many times.

Is there a way out or can I take a legal advise from someone?

Yes, you can get a lawyer however that could be an expensive option or if you get your independent inspector who is also experienced in contract administration he should not only be able to do the inspections for you but also look after you in the matters of variations, extensions of time and PS adjustments.
Beware there are inspectors out there that will write up pages of defects on a list (frequently trivial) but then don't know what to do wit it because they don't have the right experience. So they give it to you and tell you to find another bus.
You will pay less but get much less, frequently having to pay again.

Tricky one. If BAL12.5 requirements are in the contract and part of the original certification then the builder is not really obliged to make the adjustment. If that was the case then you may need to go through the re-certification again.

A couple of things I'm not clear on though. I wasn't aware the developer could "rescind" the BAL rating on a build. Regulations vary slightly between jurisdictions but ultimately it follows an Australian Standard. If your build is deemed to be in a bush fire zone then you need to meet the requirements.

The important aspects of this discussion are:
1) What stage of the contract and build are you at?
2) What specifically occurred to alter the BAL requirements for the build?

Note: I am not pretneding to be an expert in this field. I am currently building a house with a BAL rating and did extensive research on the topic prior to purchasing the block and selecting the builder.

The BAL map is regularly reviewed and updated, I'm not sure how often, but as the land is developed and the open paddocks disappear so does the bush fire risk.

building-expert -- thanks for your feedback

arcachon -- Build has not started. Land just got titled and BAL map got updated. Builder got soil test done where they confirmed BAL has been revoked.

Sorry, I misinterpreted the original post regarding the change in the BPA.

Back to the core topic, if the build hasn't commenced then you are in a much stronger position. There is really no reason the builder cannot include the variation to remove the BAL12.5 spec. Particularly if the contract was signed pre soil test. Highly likely there would be other variations as a result of that soil test.

At this point in time the best approach would be to dig your heels in. Threaten to walk and make a claim to have your deposit refunded. Not saying you should actually do this but the threat is often enough to get them to respond appropriately. There is no way I would pay for BAL requirements on a build if they were not required.

arcachon -- Thanks. All sorted finally they have agreed to create a variation for BAL.

What a relief.

Thanks all for your valuable feedback.

Good news. I think it was a battle you were always going to win provided you stood your ground.

Hi Mily, glad it was sorted out. If you don't mind me asking, how much are they charging for site costs? My lot is in stage 151, just a little bit worries about it, as I have read posts about rocks in the area with site costing upto $25k.

Hi Mily99,

I'm also building with Burbank in pointcook, victoria. I also have been advised by sales that BAL will be reimbursed at final invoice. My lot has come out of BAL requirement. However sales advised flyscreens will be installed from that amount and remaining amount will be deducted from final invoice.

listening to your story, probably I need to check back with my CRO

However I have different with my color selection, lot of errors from studio consultant, however my CRO is taking care of me to fix the issues is a relief

keep posting, and share your journey.

Good luck

Burbank CRO helped me to create a variation and returning BAL amount

Mily99 : How is your build going on?

Hi Mily99,

I am building with Simonds and have similar case as yours. we chose the levy from promotion thinking that money will be refunded /credited once the Bushfire levy assessment is completed. We were told that our property does not fall under fire zone but they will still build the house as per the fire zone requirement ( upgrade of 4.6K). We actually are not satisfied by that. We have asked to use that credit on something else in the house. But our CR has been telling us, " It will make further delays with house as everything has to be changed and drawing has to be redone and this will push back out site start date by weeks."


Me and my husband are debating on making the changes even though if it take to late site start. We have paid them money to build the house as our need. and just because this will give them extra work, We cant compromise with our home and hard earned money.



Do you guys have to wait for long

This highlights how much a good inspector is needed, what will go unnoticed with out a educated eye, how much better and fairer will builder be knowing, you got knowledge on your side.