Browse Forums Building A New House 1 Apr 22, 2014 10:05 pm Hi, I have been in the process of building my first home in WA since April 2013. So far the building process has gone everything but smooth. I have signed the preliminary work agreement in July 2013 and have just signed a simple variations contract after completion of my pre start in April of this year. However, two weeks after signing the prestart variation order I was contacted by the general manager of the building company to be told that the designed house can no longer be built. The reason given was that the council did not allow the garage to face the main road and therefore my planning approval did not get approved. The building company offered a 'new' design where they face the garage towards the side road but since the depth of my land from that side is only 14m instead of 20m from the other side this would not really work out well with the design of the house. I have contacted the council to enquire about their refusal of the planning approval and they stated that they have informed the building company in December 2013 that the design would not be accepted and that the garage had to move. My building company did not make me aware of this until two weeks ago when they told me the house design can not be built. Their only alternative has too many downsides to even be considered so I am looking into exiting the preliminary work agreement. What can be expected when I exit this contract? I have paid a deposit when I signed up with them 12 months ago. Is it reasonable to request a refund of my deposit since they can not built the house I have signed for? Or should I expect to be charged with administration fees for exiting the contract? All advice is welcome, Regards, Frank In NSW the maximum deposit for building work is 5% until the builder provides HBCF insurance 1 4821 The worst thing you can do is sign a building contract without a pre contract review. Over the years many people have come to me with disputes where they just signed… 0 8339 You talk about deletions, are they variations or PS and PC adjustments? pleas list them 1 16557 |