Re: Can home owner move into property without paying final i4
Jun 24, 2019 12:22 pm
Has anyone heard of a house owner moving into property without builders permission and without paying final invoice ?
In NSW you would need an occupation certificate, so essentially you could be removed without one and the obviously the builder could sue you for the money.
but if you decide to do it make sure you keep us all updated. Will be interesting to see what happens
Re: Can home owner move into property without paying final i5
Jun 24, 2019 2:02 pm
The certificate of occupancy represents that the house in a habitable house so without that certificate the house is not a house you are illegal aloud to occupy. So yes the builder can call the police to have your removed.
You are allowed to hold on to the final payment if there is work that is outstanding. What is considered outstanding is really determined by the owner & builder. Obviously is there is some major things that need to be completed they (the builder) need to notify in writing with a date on when this is to happen & I think the date can not be anymore then 2 wks from the date they are email you. But you are in nsw so I’m not 100% sure on nsw rules.
I’m in Qld and just by coincidence my neighbour & I had the same builder, unfortunately we both had a terrible time with this builder & with my neighbour there was a large amount of things that needed to be completed but the builder wanted to do handover & complete the items after they moved in. This is something this builder does all the time but he never completes all the outstanding work. They did it to me & to the neighbours family member that also built with the same builder. The family member has structural problems & cant get the builder to fix. I had a long list that only got started on a month ago because I bugged them & bugged them but I am still waiting on a few more items to be done, on of theses items is fixing the driveway because it slopes towards the house and water pools at the house..
I advise my neighbour to NOT pay the final amount until all the things go fix. His bank also was happy to hold on to the final payment also until their customer told them they are ready to pay the builder. My bank did the same with me during on of my payments that was due during the build, this is why they made the changes to the law & made it into payments rather them full payment up front. Builders want their money it’s like a carrot to a rabbit. It’s the power you have over them. Trust me it worked for me & my neighbour, the builder wants their money & they want to be done with the house. The other advice I gave my neighbour was to contact them daily in writing EVERY SINGLE DAY & cc everyone in it. Cc the the house designer the supervisors boss & his boss when you contact them everyday they want it to stop & they don’t like to look like lazy s#*ts in front of the boss or that they cannot handle their job.
I get the impression that you are having trouble with your builder?
There is a lot of support out there for the home owner. The first place I would go is Fair trading. Here in Qld we have QBCC & I had to use them against the window company that made my security Screen & boy did it get their attention. The big boss contacted me straight away & got if fix within weeks of lodging a complaint/case with QBCC. Here in Qld when you lodge a case against a builder they must rectify it within a certain timeframe otherwise they are fined for everyday they don’t & can potentially lose their building licence.
Without knowing the facts it’s really hard to advise you on what to do. I would definitely start with calling Fair trading & go from there.
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