Browse Forums Building A New House 1 Apr 12, 2019 12:39 pm Before you build any home you must understand the following. Under the laws of Australia, the home owner is 100% responsible for the house being built in a compliant manner. Not the builder. Not the Surveyor. You the Home owner. No matter what happens on site, if there is a defect, the home owner is responsible under the Australian Legislation. The home owner contracted the builder. The home owner contracts the surveyor. Sometimes builders don’t like being told that they are wrong and that they need to fix something. With the increase in Private Inspectors, builders seek ways to keep them off site. Builders will use all manner of behind the scene processes to cut cost of place special conditions in a contract to try and restrict the home owners’ rights. Before you fall in love with the design, ask for a standard copy of the contract and a standard copy of the specifications. Don’t accept a brochure. You want what you are going to sign. If they don’t give it to you, then alarm bells should be ringing. Watch out for smooth talkers. They are great and diverting you away from what you want. One of the biggest issues is builders placing terms into the contract to stop you from using who you want as a private inspector. The law states that you can use anybody as per the Building Acts. The builder cannot in most cases restrict you. The Private inspector works for you. Not the Builder. Hence the builder has no control over them. Another is to put specifications out that are not equal to the Australian Standards. Once you commit to the design and go through the colour selections and all of the other processes, you are emotionally and time committed. At this point, generally 3 to 6 months into the process, the builder presents the contract and specifications that have all of these hidden clauses. Pressure is applied at that time to sign on the day or you will lose such and such a bonus. Do not sign anything that has not been checked by a lawyer of your choosing. The second a builder starts talking about special conditions or you have a large amount of specifications that have building diagrams and clauses, seek the services of a professional construction lawyer immediately. If you sign the documents, you may have given away your rights to have the home built in a manner that is compliant with the Australian Standards. Remember it is your obligation to have the home built to the requirements of the National Construction Code. Not the builders or the Surveyors. As an example, some builders will seek to restrict your rights to use a private inspector. Others will insert what they call Performance Solutions. Or they may call them special building processes. This warning is given to all as a way of assisting you. Deal with a quality builder that has the runs on the board. Stay away from those that seek to hide behind clauses and conditions. Research the internet and see who is doing what in the contracts. Listen to them as they have had the heart break. Remember, just because it looks good does not make a house complaint. If it comes with conditions that are outside of the normal, then you are more than likely being suckered in. Re: Building with Bentley Homes Look For 2Apr 12, 2019 1:29 pm That’s a bit strong. When you enter a supermarket you agree to show your bag on exit. You give away the right to bag privacy upon entry. I agree you have a right to inspect a property when being constructed but if you sign that away in a contract to build, well your stuck. I would recommend that before you engage any builder that you stipulate you want the right to entry at any time, without announcement, unescorted to carry out an inspection. All they can say is that you need a site induction and white card. If they don’t want to do this... work something out so you can. You can’t sign the right to construct something that is non compliant to the bca or appropriate Australian standards. Holding a builders licence stipulates that all work will comply with both. Not negotiable. That’s why builder have to be engaged to construct a house as stipulated by the council. Re: Building with Bentley Homes Look For 3Apr 12, 2019 1:37 pm Ardo That’s a bit strong. When you enter a supermarket you agree to show your bag on exit. You give away the right to bag privacy upon entry. I agree you have a right to inspect a property when being constructed but if you sign that away in a contract to build, well your stuck. I would recommend that before you engage any builder that you stipulate you want the right to entry at any time, without announcement, unescorted to carry out an inspection. All they can say is that you need a site induction and white card. If they don’t want to do this... work something out so you can. You can’t sign the right to construct something that is non compliant to the bca or appropriate Australian standards. Holding a builders licence stipulates that all work will comply with both. Not negotiable. That’s why builder have to be engaged to construct a house as stipulated by the council. Ardo, Section 17 of the Domestic Building Contracts Act Vic states that you have the right of entry. Section 132 of the same act states that you cannot contract out of the act. Yet this builder is trying to do just that at this point in time. Have a look at the special conditions in the contract. Note that section 240 of the Building Act clearly states that you as the home owner can appoint anybody. I always ask, what has the builder got to hide when they start dictating who can inspect their work? Lastly, the home owner is liable for the home. Hence they should be able to choose whom they wish to assist. This is the law and some builders are breaching this provision. Its funny that they insist that every body else is registered, yet the site supervisor, the Construction manager, the building managers are all not registered. Don't believe. Get a copy of their current contract and ask the site super for his registration and insurance number.......... Re: Building with Bentley Homes Look For 4Apr 12, 2019 1:45 pm But read section 19. So they can’t stop you, but if you decide to come on site and do anything that delays the build, you are liable. So that’s why you need to ask for right of entry at any time without announcement, unescorted to carry out an inspection. Get that written into contract so they can’t say you have held up the building process.... No the fireplace doesn’t work. It’s been enclosed. I’m not sure what was removed, as it was done quite some time ago - well before what I can see with photos online… 2 11568 Interested in getting either the Polytec Boston Oak or Palace Peak for kitchen cabinets. Looking at the Boston Oak ones, it appears that the colour varies significantly… 0 9151 Ask for references and speak to them. If they are defensive or try to avoid the request, walk. 1 74682 |