Browse Forums Building A New House 1 May 09, 2009 4:07 pm Hi all, I need a hand with some advice please. Just started to build in Strathalbyn, got council approval and the slab is down!!! which we are happy about Built in a development call Aberdeen Park Problem - 1 day after the slab is down I get a call from the developer saying that we didnt get their approval for the house!!! I was blown away. He said that he is going to halt all proceedings until they give approval and that Fai#m&nt and the Coucil are "naughty for building". The builder said that they have council approval and don't really care what developer says and it has definitely been approved by coucil. The main thing that is wrong is the roof pitch, because the width of the house is under 16M then the pitch needs to be 25degrees not 22.5 as it current is planned to be. There is also a list of items that needs to be displayed at the front of the property but I think i have got that sorted. My Questions - 1) Due to council approval can we tell the developer for *** off, we got council approval and that is all we need? or If we have to make the changes who pays? I think that the builder should pay for all alterations as they didnt check the encumbrances of the developer in the first place. Any advice anyone can give would be appreciated, specially if you have any info to back it up. Thanks for listening and wish me luck! Dan Re: New Build - legal type advice needed. 2May 09, 2009 4:23 pm If you have Council approval (Development Approval) and a Construction Certificate then I would proceed full steam ahead. I would also talk to the developer to hear their concerns. If there is a small price to make them happy and no delay in the build, I would probably do it. If all the developer is concerned about is the 2.5 degrees difference in roof pitch I would ask them if it really matters. For a 16 m wide roof, we are talking a ridge height going from 3.314 m to 3.730 (that is, the ridge will only be 416 mm higher and who would notice. The main thing is don't delay building while you're listening to the developers concerns. Demolition August 2009, Construction Started September 2009, Completed December 2010 Re: New Build - legal type advice needed. 3May 09, 2009 4:23 pm check you land contract - is there a special conditions clause? mine states Quote: The buyer acknowledges and agrees that is obligations under special condition 8 are essential to the developer and in addition to any other rights or remedies the developer may have at law or in equity, if the buyer fails to comply with: 1 any of the requirements or obligations under SC 8 of this contract; or 2 any of the requirements or obligations contained in the design guidelines, then they buyer is deemed to be in breach of an essential term, and: the buyer must pay to the developer damages, on demand, in the sum of $100.00 per day calculated from the dates that the developer becomes aware of the breach until the date the buyer has rectified the breach. and it gets worse from there with talk of caveats being registered and ability to enter the property at any time, or perform work to rectify the breach and claim costs. do not pass go do not collect $200. ’’Quondo Omni Flunkus Mortati ’’ If the women don't find you handsome, they should at least find you handy. Stila BK1 Build Thread The best place to talk about sport Re: New Build - legal type advice needed. 5May 09, 2009 4:27 pm why? isn't the land contract between the buyer and the developer? ’’Quondo Omni Flunkus Mortati ’’ If the women don't find you handsome, they should at least find you handy. Stila BK1 Build Thread The best place to talk about sport Re: New Build - legal type advice needed. 6May 09, 2009 4:35 pm as far as i know it's not the builders responsibility to investigate the covenant on your property - was the land bought directly from the developer or "second hand"? Even if it was 2nd hand, there would be a convenant listed on your title or rego certificate (depending on which state you are in). The covenant has a expiry date, and if you are building prior to that expiry date you are obligated to request developer approval and adhere to all conditions etc under the convenant. Research, research, research! As far as continuing the build gos, I would HATE to stop building once I had started, but you need to investigate what power the developer has to physically halt your build, and if you continue will they take you to court and sue for everything you've got... that is probably the question you need answered... 2014 - Prepping to build the Soho 4 with Plantation homes, industrial style 2009 - Built the Brampton with Coral Homes viewtopic.php?f=31&t=15399&start=280 Re: New Build - legal type advice needed. 7May 09, 2009 5:19 pm Same as Serge, our land is subject to a whole list of covenants ("design guidelines") placed by the developer. The contract of sale has to include a copy of those and when you sign the contract, there's a clause included to say that you agree to abide by them. Our builder dealt with the developer approval process, but many don't. In the end, it's your responsibility to ensure that your builder has taken all restrictions and special requirements into account in the design of the house, and to get approval from the developer. If you bought the land from a previous owner, the title search would have revealed covenants - and your conveyancer should have picked that up, if you were unaware of it. Sometimes you can apply to the developer to waive certain requirements, but they can be sticky about some things. They may or may not take legal action, but if they do, you're not going to win because they're legally in the right. Re: New Build - legal type advice needed. 8May 13, 2009 11:35 am Hi all, thanks for the help. it came down to adjusting the pitch of the roof and adding a small bit of wood about the entrance to the portico!! We spent hrs on the phone to the builder and developer just for a friggin bit of wood that wont look any different!! Oh well building continues. Thanks again! Can anyone recommend a good/affordable retaining wall and fence builder that I can get a quote from located in Sydney? 8 45705 XCEM Alpha flooring seems to relatively new and I could not found any reviews. Have you or someone you know have used it and would recommend over other subfloor options?… 2 7578 Hello, I am new here and looking for advice on an investment project. I have land in South Ripley (4306) a suburb of Brisbane or rather Ipswich. Plot size: 380 sq… 0 1189 |