Definition (In my own words, as I'm not a lawyer)
A Dilapidation Survey is the detailing of pre-existing defects in houses directly next to your build, before construction commencement, so that your neighbor can't claim that the crack on their wall was caused by the heavy machinery being used in your build.
My situation
I'm currently building in an old middle suburb of Melbourne. Construction has not yet started.
A Building Permit has already been issued.
There are old houses to the left and right of my property.
The Building Surveyor says we don't need to send Protection Work Notices to our neighbors, because we are not building on the boundary (left neighbor's wall distance to my wall is 3m. Right neighbor's wall distance to my wall is 4m).
I asked the Building Surveyor a hypothetical scenario where my a neighbor tries to sue me for a crack on their house, claiming it was caused by heavy machinery activities (even though the neighbor knew all along that the crack has been there for years). The surveyor merely suggested that I may want to get a Dilapidation Survey done myself out of my own pocket. I've never heard of a dilapidation survey before until today when the surveyor casually mentioned it.
I asked my builder if they would organize a dilapidation survey. My builder says he's been in business for 20 years, and didn't know what a dilapidation survey was, and has never heard of it. I was shocked.
My suspicion is that my builder has never built in an existing suburb with old houses. He's probably built in the outer suburbs with newer houses (with no cracks) around, hence has never had to organize a dilapidation survey.
Question 1
If I don't get a dilapidation survey done, and a neighbor cries foul about a crack, who should the neighbor sue? :
A) The Building Surveyor, because he should have mandated a Dilapidation Survey (and/or Protection Work Notice), before issuing the Building Permit.
B) My Builder, because I have given the builder exclusive possession of the Land during the build, and should have known about the legalities of building in an existing suburb with old houses.
C) Me, because I'm the owner, even if I am ignorant of all matters relating to building a house.
Question 2
If a dilapidation survey should be organized, who should organize it ? :
A) The building surveyor
B) My builder
C) Me - the owner