Conveyancing & property inspectors for new home build?

firsthyme · Feb 18, 2024 6:01 pm

Hi there, I'm new to all of this and planning to build a place with one of those volume home builders (e.g. Carter Grange, Glenvill Homes, Thomas Archer). Currently nearly finishing the design phase so will get estimations & contract soon, etc.

I understand that it will be a HIA contract (I'm guessing that's pretty normal) - but I'm wondering what is 'normal' or recommended in terms of:

Legal conveyancing (Do you normally get a lawyer/conveyancer to look over the contract? Or is this not required?)
Building inspectors (Will I be able to ask my builder to let me arrange for a private inspector of my own choosing? Is this normal? Will it be hard to negotiate?)

Some more specific questions (depending on the above):

What is this sort of conveyancing called? (What do I Google?)
What things should be checked from a legal perspective?
What are the 'stages' that building inspectors normally work on? (e.g. Is it only the framing stage? etc.)

Thanks

building-expert · Feb 20, 2024 7:34 am

If you are in Victoria you have a statutory right to your own building inspector regardless of builder's consent. No negotiations are required.
However the builder will have a contractual possession of the building site, and the responsibility for site safety, therefore the inspections should be with arrangement with the builder. However the builder cannot prevent you.

HIA and MBAV standard house building contract are most common but lack some protection for the owner (remember they are formulated by the builders, for the benefit of the builders).

There are Elephants in the room.

One of the Elephants in the room are special conditions where the builder and the owner can "customise" the standard contract for their benefit. The correct interpretation of builders special conditions is essential as is the opportunity to put in your own.

Another is common disparity between skill set of the builder and the owner. Remember, the builder is experienced contract manager, are you?, or is it simply "Lamb to the slaughter" as I have seen so many times.

Yet another is overview of your building design and documentation by an expert before you sign, looking for errors, omissions, inconsistencies and "builder's risk" transferred to the owner.

Yes you can have your contract documentation reviewed by a lawyer but that may not necessarily cover you for the building matters.
Lawyers are not builders.

Experienced building consultant will know building matters "hot spots" should prepare you for the journey ahead, and be "in the cloud" for you.

You should absolutely have your own inspections

1 Pre contract review
2 Pre slab
3 Frame
4 Pre plaster
5 Waterproofing
6 Pre final
7 Building contract reconciliation ( if there are variations, adjustments, extensions of time)

Forget conveyancers, they don't have the skill set.