Browse Forums Building Standards; Getting It Right! Re: The National Construction Code not fit for purpose 24Jan 13, 2020 7:46 am In common law on building contracts there are two textbook variations on misrepresentation (Hudsons on Building Contracts) 1 Innocent misrepresentation - where representation is made unknowingly not to be true 2 Fr@udulent misrepresentation - where representation is made knowingly not to be true or recklessly without regard whether it is true or not. In 2 above there is dishonesty, dishonesty/deceit = fr@ud Unfortunately for all of us fr@ud in building contract administration is not properly dealt with in our legal systems and fr@udsters are not punished. Which means more fr@ud. Foremost Building Expert in Australia,assisting with building problems/disputes, building stage inspections,pre-contract review advice for peace of mind 200 blogs http://www.buildingexpert.net.au/blog Re: The National Construction Code not fit for purpose 26Mar 12, 2020 3:57 pm The very reason Revinator why there are so many Acts, Codes, Contract laws, Operational Guidelines etc. It’s to confuse the consumer and then they are not sure which pathway to go down when things don’t go as planned and have to chase the party for non-compliant work and or negligence. If you don’t get your head around it all, you are walked all over. As stated before, knowledge is power. Re: The National Construction Code not fit for purpose 27Mar 12, 2020 7:48 pm It has to be remembered that the NCC is a performance based documents that contains Performance Requirements as the minimum requirement. Australian Standards are non mandatory referenced Deemed To Satisfy solutions within the NCC that need to meet the Performance Requirements but sometimes Performance Solutions certified to meet the Performance Requirements of the NCC are used in place. The NCC, being the primary document, has hierarchy over the Australian Standards and Performance Solutions but many persons do not understand this. The document linked below gives a good explanation of the Objectives, Performance Requirements and hierarchy. http://www.constructionlawmadeeasy.com/ ... ildingCode When things go wrong, the lower tiers of hierarchy are most often examined for cause/non adherence whereas lack of governance during the build process is what has most often affected the result. If something has failed, it is because the construction has not met the minimum Performance Requirements of the NCC. Even regulators often fail to recognise this simple fact for various reasons often conveniently kept to themselves. It must also be understood that adherence to AS compliance doesn't always meet the Performance Requirements. building-expert The problems with non compliance in Victoria are not of engineering nature and engineers cannot fix them. It's to do with inadequate building control regulation and lack of enforcement driven by entrenched corruption. There are many failings within the building industry and building_expert's summary is succinct. A question to ponder; What was the real motive for the introduction and acceptance of the apartment 3 storey warranty change and why wasn't the move rigorously opposed by those in positions of influence who knew of consumer detriment most likely with their introduction? The article below is a sobering read. https://www.smh.com.au/national/nsw/fears-home-law-changes-could-spark-sales-slump-20111021-1mca8.html 3in1 Supadiverta. Rainwater Harvesting Best Practice using syphonic drainage. Cleaner Neater Smarter Cheaper Supa Gutter Pumper. A low cost syphonic eaves gutter overflow solution. Re: The National Construction Code not fit for purpose 28Mar 20, 2020 11:07 am That is indeed a sobering read SaveH2O. I fear for the ordinary homebuyer when I read articles like that. Obviously some of the big developers have gotten into the ears of pollies who have changed the rules. I think they should hang their heads in shame over that one. Quote - It has to be remembered that the NCC is a performance based documents that contains Performance Requirements as the minimum requirement. Australian Standards are non mandatory referenced Deemed To Satisfy solutions within the NCC that need to meet the Performance Requirements but sometimes Performance Solutions certified to meet the Performance Requirements of the NCC are used in place. The NCC, being the primary document, has hierarchy over the Australian Standards and Performance Solutions but many persons do not understand this. The document linked below gives a good explanation of the Objectives, Performance Requirements and hierarchy. http://www.constructionlawmadeeasy.com/ ... ildingCode When things go wrong, the lower tiers of hierarchy are most often examined for cause/non adherence whereas lack of governance during the build process is what has most often affected the result. If something has failed, it is because the construction has not met the minimum Performance Requirements of the NCC. Even regulators often fail to recognise this simple fact for various reasons often conveniently kept to themselves. It must also be understood that adherence to AS compliance doesn't always meet the Performance Requirements.- UnQuote Excellent information as always. Stewie A survey must’ve completed by a certified surveyor. This form part of every DA requirement 3 180431 Hi All, see above image. The required setback from the rear boundary in my case is 5m, as you can see the shape of the site and location of the boundary is slightly… 0 5847 CDC Housing Code 3 When to apply Floor Area external face of wall vs Gross Floor Area internal face of wall. Reading thru CDC Housing Code 3, lets take a lot 915sqm.… 0 11673 |