Browse Forums Building A New House 1 Jun 05, 2008 9:57 pm Got a call from our Site Supervisor tonight with an update that they are laying the tiles soon. So I told him that we would like to do an independent site inspection and he told me it was a policy of theirs that indepent inspectors can only come once the house is complete, before handover.
Doesn't that defete the purpose? What can you see once the bricks and plaster is laid????? I have a feeling this can't be possible. Do we have rights? I looked in our contract and I couldn't see anyting. HELP!!! I already can't stant the supervisor and now my hubby and I are about to loose it Re: Building Inspection refusal???? 2Jun 06, 2008 8:43 am The builder is exposing themselves to a huge risk. What happens if the building inspector finds a defect that could have been easily fixed if it was inspected early in the peice, but now requires extensive rework? Demolition August 2009, Construction Started September 2009, Completed December 2010 Re: Building Inspection refusal???? 3Jun 06, 2008 9:05 am Their policy sounds like it's designed to help them get away with * work.
You are entitled to have any qualified personnel you wish inspect the works to date. I don't believe they can legally stop you. Dana -------------------------- Building with DFH - carpet installed! Re: Building Inspection refusal???? 8Jun 06, 2008 10:21 am Clause 51 - Building Consultant
51.1 The builder acknowledges that the owner, at the owner's discretion and entirely at the owner's cost, may seek to employ the services of a private building consultant to review the building works. 51.2 Should the owner elect to do this then the builder will review the consultant's recommendations and act upon the items of the building works that fall outside the tolerances allowed under the Building Code of Australia (BCA) and which are noticeably different to the standard of building works and methods as used in the construction of the builder's display or exhibition homes or the allowances as noted in this contract. Built Porter Davis "Dromana" 2007. Re: Building Inspection refusal???? 11Jun 06, 2008 10:34 am vanderlay Clause 51 - Building Consultant 51.1 The builder acknowledges that the owner, at the owner's discretion and entirely at the owner's cost, may seek to employ the services of a private building consultant to review the building works. 51.2 Should the owner elect to do this then the builder will review the consultant's recommendations and act upon the items of the building works that fall outside the tolerances allowed under the Building Code of Australia (BCA) and which are noticeably different to the standard of building works and methods as used in the construction of the builder's display or exhibition homes or the allowances as noted in this contract. When? During? Upon completion? Clause 51 is part of "Special Conditions" which may or may not be included. It's added as an attachment to the standard HIA contract. Did you add it Miss81? Re: Building Inspection refusal???? 12Jun 06, 2008 10:39 am I'm sure that a quick call to the HIA since it's a HIA document would resolve this quite quickly....
Just call them to clarify first and get them to send you something via e-mail if you can. Then go back and present you builder with their options. Good Luck. Re: Building Inspection refusal???? 13Jun 06, 2008 10:50 am _Al_ Clause 51 is part of "Special Conditions" which may or may not be included. It's added as an attachment to the standard HIA contract. Fair enough - thanks for the info Al. Built Porter Davis "Dromana" 2007. Re: Building Inspection refusal???? 14Jun 06, 2008 10:57 am 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. Re: Building Inspection refusal???? 15Jun 06, 2008 11:02 am 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?? Re: Building Inspection refusal???? 16Jun 06, 2008 11:14 am i've pasted it from the act for you to see
Division 3—Provisions concerning building sites 17 Restrictions on builders' control of building sites A domestic building contract does not give a builder a greater right to occupy a building site than that of a contractual licensee. 19 Access to building site (1) A builder must permit the building owner (or a person authorised by the building owner) to have reasonable access to the building site and to view any part of the building works. Penalty: 20 penalty units. (2) A person who is exercising a right of access granted under subsection (1) must not interfere with the carrying out of the building works. (3) A builder is not liable for any costs or delays— (a) that result from any failure by a person to comply with subsection (2); and (b) that the builder notifies the building owner of in writing within 5 business days of the failure to comply occurring. Re: Building Inspection refusal???? 17Jun 06, 2008 11:14 am 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. Built Porter Davis "Dromana" 2007. Re: Building Inspection refusal???? 19Jun 06, 2008 12:08 pm Excellent work Smeagol....
That should be on a "Things you can say when the building company is yanking your chain" sticky....along with building tolerances, liquidated damages, definition of stages, what 'fixed price' means, what contingency means, oh the list is endless. Oh and how a clock works......! mmm....donuts Homer Simpson 1956- Links: Site Costs Ready Reckoner | H1 Addiction Medical Advice | Château TDL: The Backyard Re: Building Inspection refusal???? 20Jun 06, 2008 12:45 pm Unless its a ******* builder then you dont have to worry that it might colapse, your plans would of had to been council approved or approved a private certifier. They have to apply to the BCA Standards.
Usually a council inspector will go out for an inspection on the dwelling at each stage of the works and definately before the plaster goes over the timber. I have told a supervisor once to rip off the walls so the frame work could be checked otherwise it wont be signed off. He wasn't happy. If you are not obstructing building works then you can send your own inspector in but i do not know if they have the authority to tell the builder to take this down and do this and that. They might have to go to council and get a council building surveyor, if any alterations was required. 'They will review it, but not compelled to do so', where as a council inspector would have the authority to stop all works until the matter is fixed/resolved. each time the council surveyor goes out they would have somesort of notes on what is going on with the specific dwelling so you can try go to council and ask. 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 14469 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 5349 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 98689 |