Browse Forums Building A New House Re: Owners Allowed on building site??? 21Jul 26, 2010 3:01 pm As the owner of the property, you are the Principle Contractor responsible for maintaining the occupational health and safety of the site. As you have engaged a builder to build your home, you have appointed them as the Principle Contractor for the site. Therefore, you have temporarily signed over your right to access the site. This means it is the builder's responsibility to manage and control the workplace to the extent necessary to discharge the duties imposed by the regulations below: Section 5.1.19 of the OH&S Regulations – Everyone on a construction site must hold a Construction Induction Training Card issued by WorkSafe. Visitors (including Customers) are exempt if accompanied at all times by a person who has received Construction Induction Training (in this case it will be your Site Manager). Penalty: 100 penalty units (approx. $11,600 for the Customer entering the site without a Construction Induction Training Card). Section 21 of the OH&S Act – All persons entering the site must be inducted in the Site Safety Coordination Plan. This includes Customers if they are not accompanied by a Builder's Representative (i.e. Site Manager). Penalty: 1800 penalty units (approx. $200,000 for an individual entering the site who has not been inducted in the builders Site Safety Coordination Plan). Effectively this means any person entering the site is trespassing. Whilst you may 'own' the site itself and the home which is being built, you are not in control of the site and you may not enter the site unless accompanied by an inducted representative from your building company. The builder has every right to remove you from the site if they wish. With regards to your consumer affairs right to enter the site. You are in your rights to visit your site, but you MUST be accompanied by an inducted representative from your builder. Re: Owners Allowed on building site??? 22Jul 26, 2010 5:21 pm We had no problem with going on our site - we did this often and if tradies were there working we just asked it we could have a quick look - no-one objected, we looked quickly and then let them get on with their work - a few things we did pick up were incorrect - a tap in wrong position, a window at wrong height etc - we rang supervisor and let him know and same was corrected, we were never asked to keep away. At one stage a temporary fence was erected around whole estate (34 house/land packages all by same builder), this kept us out during non-working hours but if it was open we still went in and no-one minded. The fence was erected to minimise thefts and vandalism, not to keep owners out. Builder also very generously allowed site access by 3rd parties - eg the air con installer whom we employed ourselves and the company measuring for shed and pergola to be done after handover. Re: Owners Allowed on building site??? 23Jul 26, 2010 6:59 pm Helyn, You've identified the biggest bonus to builders for letting their customers on site; faults are picked up early when they are easier and chepaer to fix. Cheers, Casa Demolition August 2009, Construction Started September 2009, Completed December 2010 Re: Owners Allowed on building site??? 24Jul 26, 2010 10:47 pm Thanks all for your input, I'd just like to add that we didn't point out errors on site to anyone, we had recieved our first invoice and went to check the slab had been poured after hours, I then emailed my query on the slabs condition to my cso. My argument with the builder is that it does not state anywhere that we, the owner, must make a time with a supervisor to go on site. Building at Sierra Estate. Re: Owners Allowed on building site??? 25Jul 27, 2010 12:44 pm kavother, Everything you've done is correct. I would be checking everything thoroughly and informing the builder of any defects (in writing). As others have said, particulary in Victoria, you have rights with regard to site access. Keep up the checks and make sure the builder does it right. Cheers, Casa Demolition August 2009, Construction Started September 2009, Completed December 2010 Re: Owners Allowed on building site??? 26Jul 27, 2010 1:03 pm At contract signing stage I quite clearly remember our builder saying to us that they cannot technically refuse us entry to the building site however if we are there all the time and getting in the way, I believe they can lock us out - or something along those lines. Building an Eden Brae Saville 27 http://karry327.blogspot.com/ Building thread https://forum.homeone.com.au/viewtopic.php?f=31&t=44247 Re: Owners Allowed on building site??? 27Jul 28, 2010 12:39 pm karry327 At contract signing stage I quite clearly remember our builder saying to us that they cannot technically refuse us entry to the building site however if we are there all the time and getting in the way, I believe they can lock us out - or something along those lines. Sounds like common sense to me. Demolition August 2009, Construction Started September 2009, Completed December 2010 Re: Owners Allowed on building site??? 28Jul 28, 2010 10:33 pm Our HIA contract in with a major volume builder in Vic states that either us or a rep from our lending body is able to go on-site if we provide reasonable prior notice to the builder, do not interfere with the building works and do not give the tradies any directions. In reality we only had to give our first SS a couple of days notice and he was happy to meet us on-site for a sticky beak pretty much whenever we wanted. Our second SS has been a real pill about it because he normally only lets the owners on-site 3 times (the scheduled inspections) throughout an entire build! Our first SS pointed out that it is for both liability reasons and also worksafe implications that they must enforce the "no inspection without a chaperone" conditions. We still snuck up after hours, and more often that not we were able to find a door or window unlocked so we (or anyone else for that matter) could get inside, even after lock up. Our current situation is that our temp fencing has come down, and there is nothing stopping anyone wandering in from the street to have a look and/or vandalise anything they choose, so we don't bother with covert operations any more. My personal opinion is that the owner probably knows how everything is meant to be inside out and backwards, and that it would be a great advantage to the builder to have the incorrect things pointed out ASAP so that rectification can be done ASAP before further works progress (ergo: the builder's cheapest option). Built a Tribeca 44 with the Big M Sales Accept 15/06/09, Contract Signed 24/09/09, Site Start 23/11/09, Slab 11/12/09, Frame 12/01/10, Roof 20/01/10, Lock-up 30/03/10, Fixing 30/04/10, Handover 27/08/10. Re: Owners Allowed on building site??? 29Jul 29, 2010 9:44 am We received our letter saying we'd been released to construction. In that, it says that we are encouraged to go and inspect the site frequently. contract signed: Nov 09 Released to Construction: 23 Jul 10 Slab poured: 9 Aug 10 Frame completed: 30 Aug 10 Windows & Gutters: 7 Sep 10 Bricks: 15 - 23 Sep 10 Roof: 24 Sep 10 Gyprock: 20 Oct 10 Lockup: 25 Oct 10 Kitchen: 27 Oct 10 Tiling: 6 - 9 Nov 10 Painting: 17 Nov 10 Carpet: 30 Nov 10 PCI: 15 Dec 10 Handover: 17 Dec 10 https://forum.homeone.com.au/viewtopic.php?f=31&t=35943 Re: Owners Allowed on building site??? 30Sep 23, 2018 5:49 am mattydals As the owner of the property, you are the Principle Contractor responsible for maintaining the occupational health and safety of the site. As you have engaged a builder to build your home, you have appointed them as the Principle Contractor for the site. Therefore, you have temporarily signed over your right to access the site. This means it is the builder's responsibility to manage and control the workplace to the extent necessary to discharge the duties imposed by the regulations below: Section 5.1.19 of the OH&S Regulations – Everyone on a construction site must hold a Construction Induction Training Card issued by WorkSafe. Visitors (including Customers) are exempt if accompanied at all times by a person who has received Construction Induction Training (in this case it will be your Site Manager). Penalty: 100 penalty units (approx. $11,600 for the Customer entering the site without a Construction Induction Training Card). Section 21 of the OH&S Act – All persons entering the site must be inducted in the Site Safety Coordination Plan. This includes Customers if they are not accompanied by a Builder's Representative (i.e. Site Manager). Penalty: 1800 penalty units (approx. $200,000 for an individual entering the site who has not been inducted in the builders Site Safety Coordination Plan). Effectively this means any person entering the site is trespassing. Whilst you may 'own' the site itself and the home which is being built, you are not in control of the site and you may not enter the site unless accompanied by an inducted representative from your building company. The builder has every right to remove you from the site if they wish. With regards to your consumer affairs right to enter the site. You are in your rights to visit your site, but you MUST be accompanied by an inducted representative from your builder. Re: Owners Allowed on building site??? 31Sep 23, 2018 6:28 am kavother Thanks all for your input, I'd just like to add that we didn't point out errors on site to anyone, we had recieved our first invoice and went to check the slab had been poured after hours, I then emailed my query on the slabs condition to my cso. My argument with the builder is that it does not state anywhere that we, the owner, must make a time with a supervisor to go on site. Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ Elvis has left the building... The site supervisor quit after 2 month on the project. I guess he was just instructed to bark at people, but didn't like when he was… 26 20898 For reference, this is the Austlii reference. My take on this is, that they would be breaking the law denying access to a homeowner in Victoria, or their agent from having… 1 9082 |