Browse Forums Building A New House 1 Aug 15, 2022 6:20 pm Hi All, I am after an advice regarding a developer(estate) guidelines and builder forcing me to purchase a $550 letterbox from them. Here is a requirement from the developer guidelines --- Letterboxes must be installed prior to a Certificate of occupancy being obtained. Temporary letterboxes are not acceptable. --- Does this clause give a builder an upper hand and forcing me buying and installing a letterbox exclusively from them? Here is an extract from email they sent me. Does it look right? --- As discussed, your Developer has requested the letterbox be noted, on our plans, as to be completed prior to the occupancy permit. In order for "builder" to complete this, the letterbox would need to be selected as part of "builder"’s range. Alternatively, you may speak, directly, to the Developer if they can remove this request so that you may complete a letterbox, of your choosing, after handover. Please note we are unable to allow the letterbox to be installed, prior to the occupancy permit, by either yourself or an external trade, due to OH&S reasons. As you have mentioned you would like to agree to this item, at this stage, in order to progress your file, please note a $1000.00 variation may be applicable to remove this item at a later stage. --- I have challenged them and replied with the below : Domestic Building Contracts Act 1995 Division 3—Provisions concerning building sites 17 Restrictions on builders' control of building sites A domestic building contract does not give a builder a greater right to occupy a building site than that of a contractual licensee. 19 Access to building site A builder must permit the building owner (or a person authorised by the building owner) to have reasonable access to the building site and to view any part of the building works. Am I making any sense? Re: Developer Gudelines : Letterboxes before Certificate of 2Aug 16, 2022 8:58 am accessing and viewing is not the same as doing works (installing a letterbox) on the site. However it does seem kind of scummy of them to set it up this way, seeing as its the builders surveyor that issues the occupancy certificate. Even if you get the developer to agree (which they probably would) the builder would has the upper hand. They make money either way. It also doesnt take into consideration if you even like any of their letter boxes. rip. Dark matter scientist, can breathe underwater, mind reader and can freeze matter just by willing it. Trust me, its in my sig. Re: Developer Gudelines : Letterboxes before Certificate of 3Aug 16, 2022 9:12 am Noname However it does seem kind of scummy of them to set it up this way, seeing as its the builders surveyor that issues the occupancy certificate. The building surveyor should be working for the OP as he/she is building in the Melbourne western suburbs. Agree that it is scummy and the $1,000 variation is more than scummy. 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: Developer Gudelines : Letterboxes before Certificate of 4Aug 16, 2022 9:26 am SaveH2O Noname However it does seem kind of scummy of them to set it up this way, seeing as its the builders surveyor that issues the occupancy certificate. The building surveyor should be working for the OP as he/she is building in the Melbourne western suburbs. Agree that it is scummy and the $1,000 variation is more than scummy. most Melbourne builders are refusing to take contracts unless you use their surveyor. Also scummy. While the client has the right to chose a surveyor, the builder doesnt have to agree to the contract if they do. Rock and a hard place. Untill the regulators catch up to the practice, id expect the behavior to continue. SO while they work for the client, they have a conflicted relationship. I don't see the surveyor making any concessions for the client. Dark matter scientist, can breathe underwater, mind reader and can freeze matter just by willing it. Trust me, its in my sig. Re: Developer Gudelines : Letterboxes before Certificate of 5Aug 16, 2022 9:56 am Hi All, Thank you for your replies. Yes, the wording is not quite promising. It is so confusing that we are already having this kind of issues with the builder so early in the process... However, I just got in touch (finally ... meh ...) with the developer(estate) and it seems they are happy to provide time extension for installing appropriate letterbox after receiving the Certificate of occupancy. Fingers crossed. Re: Developer Gudelines : Letterboxes before Certificate of 6Aug 16, 2022 10:20 am Noname most Melbourne builders are refusing to take contracts unless you use their surveyor. Also scummy. Yes, I know and agree. Many builders customers are also left in the dark about the issue. It is yet another sad reflection on the VBA. 3in1 Supadiverta. Rainwater Harvesting Best Practice using syphonic drainage. Cleaner Neater Smarter Cheaper Supa Gutter Pumper. A low cost syphonic eaves gutter overflow solution. Not unless you have managed to put it as a special condition into the contract somehow. 1 6240 We are in NSW and require 2 positive covenants to be placed on the property didnt really underdtand this but apparently it will take a few months, and have just been… 2 7520 For anyone that comes across this issue in the future - Just did what aussieta said and found a plumber to inspect it and sign off on it. Was difficult to find someone to… 3 7094 |