Browse Forums Building Standards; Getting It Right! 1 Nov 02, 2010 6:39 pm As our house has started, the electrician installed the lead in power cable from the front of our land, but we've been advised that there is no power there. They did however say there was a conduit coming from the power box, but no power cable inside of it... See the diagram attached to see what I mean. Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ I've spoken to the land developer and they originally said, yes there is meant to be a power cable in there, then they checked with management and the power company and the regulations have changed to not have to supply the power cable. The issue is I'm getting charged $885.00 from the builder to run the cable through the conduit because the electrician needs his digger machines their in case the conduit is broken and he needs to re trench it. What grounds do I have to stand on, legally does the land developer have to supply power to the front of my land? I'm thinking of calling Fair Trading tomorrow and discussing the situation with them... Just wanted to get some feedback from you guys to see if anyone else has experienced this. __________________________ Building the Concerto with Allorth Homes @ The Ponds Our blog Noddy @ The Ponds http://noddytheponds.blogspot.com PM me re Landscape Plans Re: No power at front of land - what are my rights?? 2Nov 02, 2010 6:47 pm Your contract for sale of the land should state what services were available for connection-check what it says there. Deemaree Kyndylan Capers: viewtopic.php?f=36&t=46852 My blog: http://www.sufficientlysufficient.blogspot.com/ Re: No power at front of land - what are my rights?? 3Nov 10, 2010 8:20 am OK I finally found my contract of sale, this is what it says 40. SEWER, WATER AND SERVICES 40.1 Annexed hereto is Sydney Water Drainage Diagram showing the approximate location of sewer and water within the subdivision of which the property forms part. 40.2 The purchaser should make its own enquiries and verify the final location of the mains. The purchaser will not raise any requisition or claim nor delay completion because of the final location of such mains but may rescind this contract if such final location is substantially different to that shown on the plans and materially affects the proposed development of the property. 40.3 The vendor warrants that it will procure that water, sewerage, telephone and power services and/or facilities will be available for connection to the property provided that the purchaser will bear the expense of connecting those services and/or facilities to the improvements that the purchaser may erect upon the property. 40.4 The purchaser shall not make any requisition or claim nor delay completion in the event that water, sewerage, telephone or power services are not available to the property at completion So from my understanding, its up to me to double check where the mains were cabled to and I've got to incur the cost in doing so and I can't put it back onto the land developer.. __________________________ Building the Concerto with Allorth Homes @ The Ponds Our blog Noddy @ The Ponds http://noddytheponds.blogspot.com PM me re Landscape Plans Re: No power at front of land - what are my rights?? 4Nov 10, 2010 9:25 am I dunno noddy I think you have an arguable case for the developer to pay for the connection because of this paragraph "The vendor warrants that it will procure that water, sewerage, telephone and power services and/or facilities will be available for connection to the property provided that the purchaser will bear the expense of connecting those services and/or facilities to the improvements that the purchaser may erect upon the property." It's not very good contract drafting (IMHO) because it could be interpreted one of 2 ways; 1. The vendor is only responsible for making power "available for connection" to your property in which case having a box some distance away is enough; or 2. The vendor is responsible for making power available "to the property" in which case having the connection end half way down your street is not enough. That argument is lent a bit of weight by the end of the paragraph which basically says you're responsible for paying to connect the electricity (or water or gas) to your home (that's what an "improvement" is). I would interpret that as the normal case of you (or your builder) being responsible for running the services from the nearest pit (usually at the front of your property) to the house itself (ie: only over the length of the land that you actually own). So the bottom line is... I suggest you seek some legal advice or maybe talk to your conveyancer and see what they say. Also maybe see what the people at 118 have decided to do. Hope that helps. Re: No power at front of land - what are my rights?? 5Nov 16, 2010 3:58 pm Regardless of paperwork i'd be appealing to the developer and making a very loud case that they should have included the run in. I've seen several clients take this route and the developers agree to pay costs. Re: No power at front of land - what are my rights?? 6Nov 16, 2010 4:36 pm Yeah I wrote them another email, they finally forwarded it onto their lawyer and they emailed me saying where would I like the cheque mailed to So I should receive that cheque this week, happy with win that argument!! __________________________ Building the Concerto with Allorth Homes @ The Ponds Our blog Noddy @ The Ponds http://noddytheponds.blogspot.com PM me re Landscape Plans The only thing to add to these comments is that where possible it's always good to try and work with people than just say "no" because you can. Having someone… 4 17097 Would also like an opinion from anyone that has used xcem over hebel for floors. Thanks 1 13251 2 15443 |