What if, build is not as per plan?

jacksonfunkdelhorno · Jan 13, 2020 1:13 pm

Maybe we should have caught this much earlier on, but on the plan our garage was supposed to be a parapet wall against the boundary line to next door. Our block is effectively the back garden of an existing block that's been subdivided so there's already an established wall there which I assume had been build on the boundary.
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So back to the garage, it's always niggled me that there was a 250mm gap between the back of our garage wall and the wall to next door, perfect breeding space for any pests etc.
When I brought it up with the builder he told me that the garage wall is actually on the boundary and that the existing wall is inside the perimeter for next door. Immediate question is why would you not build your wall on the boundary and eat into your own land space??

I was expecting a parapet wall as per plan to merge into the existing wall but this isn't the case. Could it have been that the builder/contractor didn't want to consult with the neighbours about the build? Did they want to try and save money by doing it this way and leaving a gap? If they had build the parapet wall they would have had to remediate the existing wall to get it in right?

Anyway, we're about to engage a land surveyor for peace of mind to find out exactly where the boundaries are. Should this show that the garage hasn't been build to plan (parapet on boundary line), what recourse is there for us? Can we ask them to build to plan and knock out the rear of the garage and build accordingly?

Cheers

building-expert · Jan 13, 2020 3:28 pm

The short answer is that the builder must build what is on approved plan unless a situation develops outside builder's control in which case he has to raise a variation with you beforehand, specifying reasons why it could not be done.

StructuralBIMGuy · Jan 14, 2020 9:10 am

Hi Jacksonfunkdelhorno
Did the builder charge you for a Survey Repeg?

jacksonfunkdelhorno · Jan 14, 2020 10:29 am

building-expert

The short answer is that the builder must build what is on approved plan unless a situation develops outside builder's control in which case he has to raise a variation with you beforehand, specifying reasons why it could not be done.

No variations were raised with us, I remember turning up one day to go over a few things with the builder, after which he pointed out the gap behind the garage. Conversations further down the line resulted in the claim that the rear wall of the garage was on the boundary.

StructuralBIMGuy
Did the builder charge you for a Survey Repeg?

No, he hasn't done a repeg, but we have ordered our own separate survey which is scheduled.

chippy · Jan 14, 2020 11:52 am

Any time you are building, the builder should have a surveyor repeg the boundaries, particularly if it's a zero lot construction. Relying on the original house to be in the correct place and then building based off that means it's quite possible to encroach on the neighbours property. It leaves them open to all sorts of problems. I can't believe that your builder didn't have a repeg or building set out survey done, it's just such a risk to take.

Having said that, it is entirely possible that the neighbours dwelling is built off the boundary line making it impossible for your 2 walls to meet back to back.

jacksonfunkdelhorno · Jan 14, 2020 1:16 pm

chippy

Having said that, it is entirely possible that the neighbours dwelling is built off the boundary line making it impossible for your 2 walls to meet back to back.

Agree with what you say there and if that's the case then fair enough

chippy

If the builder has built to the dimensions on the plan then they have built as per the plan regardless of whether the walls are 10mm or 100mm off the boundary line.

This one i don't agree with. If the plans show the build in on the boundary line and the boundary is in the right place, why wouldn't it be built as such? And why would the consumer have no recourse for action if this wasn't the case?

chippy · Jan 14, 2020 1:27 pm

jacksonfunkdelhorno

chippy

Having said that, it is entirely possible that the neighbours dwelling is built off the boundary line making it impossible for your 2 walls to meet back to back.

Agree with what you say there and if that's the case then fair enough

chippy

If the builder has built to the dimensions on the plan then they have built as per the plan regardless of whether the walls are 10mm or 100mm off the boundary line.

This one i don't agree with. If the plans show the build in on the boundary line and the boundary is in the right place, why wouldn't it be built as such? And why would the consumer have no recourse for action if this wasn't the case?

Sorry, when I first read the post I thought it was and addition to an existing home, which is why I said that if it's built per dimensions (adding to existing home) then they have done the right thing.

After posting I realised it is a new build which is why I edited my post but you must have started your post before I changed it.

Yes, you are correct. If it's a new build it should be built on the boundary as per the plan which is why I'd be certain the builder has had a survey repeg done. It would be a very foolish builder who guesses on a zero lot construction. The ramifications could be very expensive just to try and save $600.

Gaudi · Jan 15, 2020 11:43 pm

As above ask your builder for survey information. They will have had to do this and likely submitted this to council with building permit. Ask your building surveyor.

Do you know what pegs look like?
I had nails in fence and words like 1 m to boundary in some places and at front there are some kind of pins in the concrete pavement that mark the boundary. I had no idea before the surveys that boundaries in whole street were out.

Your Builder may have made an error but first check if your old fence boundaries encroached on your neighbors official property.