Browse Forums Building A New House Re: Building Inspection refusal???? 21Jun 06, 2008 1:25 pm Well you guys are fantastic! With all your info I rang HIA and Builders Consumer Affairs and they proceeded to inform me that I have every right to do the inspection and said that if they don't comply then I should report them.
Pretty much, as long as I don't interfere with anything and don't hold the builders up on the ay, then I am allowed. Hmmmmm, don't mess with me S****d* !!! Re: Building Inspection refusal???? 22Jun 14, 2008 1:16 pm vanderlay smeagol Section 17 and Section 19 of the 1995 Building act allows you to have the right ot send your own people on to the site anytime as long as they do not interfere with the building process. I would think an inspection would not interfere with the building process and thus statutory law overrides any contract laws. So in short you can send the inspector in and they can't do a thing about it. Ahh - this is correct! "your builder allows you, or anyone acting as your agent, fair and reasonable access to your New Home, if they refuse they can be penalised under the Building Act." Form newhomeinspections website. Hello Miss81, Just a quick note, I know you now have your answer but I thought it would be wise to add that the Section's mentioned above are not in the Building Act. Its important to note as when you quote these sections to your builder he may think you're misinformed when you cite the Building Act. First point, are you in Victoria? as this is Victorian Legislation. If you are, then site access is under Section 19 of the Domestic Building Contracts Act 1995 not the Building Act 1993. There's nothing worse than when you cite relevant law but from the wrong Act of Parliament.... Just for your info. Re: Building Inspection refusal???? 23Jun 14, 2008 1:22 pm Please find the relevant link attached for the Domestic Building Contracts Act 1995, see Section 19:
http://www.dms.dpc.vic.gov.au/Domino/Web_Notes/LDMS/PubLawToday.nsf/a12f6f60fbd56800ca256de500201e54/DB49F5327E2948AFCA2573EC000EACD0/$FILE/95-91a065.pdf Re: Building Inspection refusal???? 24Jun 14, 2008 2:08 pm miss81 crap crap crap crap crap.... there is no clause 51 in our contract. Stops at 44. The joys of being a first time home owner/builder. Seeing that nothing is even written about independent insepctors or agents, do you think we have a leg to stand on? My POV is that it is not addressed and if it is our builders policy I should have been given a copy of something to sign or view. I am simply agreeing to whatever is in the actual contract, not addends. Or am I barking up the wrong tree???? Am I making any sense?? hmmmm why do my clauses end at 27?? Lloyd Our previous builder has been refused insurance by VMIA because of his history of incomplete building works. However, he has managed to get building insurance through… 0 14480 you need to understand the breakdown of warranties. 90 warranty is considered as minor defects rectification period where as the longer ones are more major/structural… 1 5351 i would suggest nothing is unreasonable for PCI. we did all sorts, including checking the hot water, checking all the GPO's had power, testing that the showers were… 9 98695 |