Browse Forums Building A New House 1 Apr 14, 2020 5:44 pm Hi All Just wanted to get some opinions on an issue we are facing. Not to long ago we had approached a builder for a home. All went well including design etc . We went ahead and signed the build contract and paid 5 % A month after builder comes back and mentions needs to apply for dispensation with council prior to building permit due to setback issues. Council rejects dispensation and asks to apply for planning permit . Council approval rate for this particular issue is almost non existent its a basic resi code requirement which the builder has failed to comply or advice us . We have sent a notice to cancel the contract due to the builder was unable to obtain a building permit. Builder mentions they will take up to 35% or more from the deposit as cost for drawings and time spent to date. We approach CAV - they mentioned the builder should not have requested the 5% until a building permit was available and have requested if the builder does not refund to lodge a complaint with VBA and VCAT. CAV insist we lodge another separate complaint with VBA against the builder for malpractice Just wanting some opinions on this ? Throughout our dealings with the builder they never once mentioned a requirement for a planning permit , roughly 2 months after we signed the contract is when they mentioned we should apply for a planning permit not sure if was done intentionally or an actual scam to get the 5% and then get us to cancel the contract and keep up to 20%+ from it as builders cost. Re: Canceling Build Contract/HIA -advice 2Apr 14, 2020 6:24 pm There is another post yesterday where a homebuilder has signed a Building contract/agreement/letter of Intent, handed over monies and then back charged for Builders services after cancellation Letter of intent for residential Build Had a quick glance at your previous posts, you have a difficult sloping block? Set backs, FFLs, heights and retaining are always going to be an issue on such blocks, the planning stage is mandatory and deals with such issues.. just curious didn't alarm bells go off.. you should have phoned the Council Planners? OT.. on fast track applications you can have planning and building applications dealt with concurrently/at the same time, but now you are stuck with the Builders Costs in termination with no planning permit? Unfortunately you will now need to contact a lawyer..more added cost Designer,Engineer (Civil,Const & Envir),Builder,Concrete & Masonry Contract.Struct Repairs Re: Canceling Build Contract/HIA -advice 3Apr 14, 2020 6:57 pm StructuralBIMGuy There is another post yesterday where a homebuilder has signed a Building contract/agreement/letter of Intent, handed over monies and then back charged for Builders services after cancellation Letter of intent for residential Build Had a quick glance at your previous posts, you have a difficult sloping block? Set backs, FFLs, heights and retaining are always going to be an issue on such blocks, the planning stage is mandatory and deals with such issues.. just curious didn't alarm bells go off.. you should have phoned the Council Planners? OT.. on fast track applications you can have planning and building applications dealt with concurrently/at the same time, but now you are stuck with the Builders Costs in termination with no planning permit? Unfortunately you will now need to contact a lawyer..more added cost We were never advices from the start in regards to planning permit. They did apply for dispensation but council threw that out saying planing permit required . Basically rear wall height is 6.5 meters which requires setback of 5.5 m . Current plan has it at 2.5 (pier and beam) Re: Canceling Build Contract/HIA -advice 4Apr 14, 2020 7:30 pm Unfortunately, when you venture outside of standard Planning -> Certification-> Building process and contracts you do so at your own risk Caveat Emptor OT, here's an eg, of set back heights & constraints on a narrow difficult sloping block with additional engineering, beams, site works , retaining & Costs courtesy of the local planning department Imo best dealt with at the preliminary planning stage, you stand to loose less if the project doesn't proceed to planning/building Slab and formwork costs Designer,Engineer (Civil,Const & Envir),Builder,Concrete & Masonry Contract.Struct Repairs Re: Canceling Build Contract/HIA -advice 5Apr 15, 2020 7:30 am If you have a building dispute you now have to go through DBDRV process before you can access VCAT Builder should have been aware of Rescode and planning permit requirements and should have told you so Essentially you are engaging builder to design your dwelling and so far there is no show of competence. Foremost Building Expert in Australia,assisting with building problems/disputes, building stage inspections,pre-contract review advice for peace of mind 200 blogs http://www.buildingexpert.net.au/blog Re: Canceling Build Contract/HIA -advice 7Apr 15, 2020 7:16 pm I feel in this scenario the builder should have seperated the design costings with the building contract. Therefore being paid to supply a set of drawings to build from. Disappointing they missed these items. I think DBDRV is your next step if you're not willing to pay for the drawings. What it happening with the build then? Just dropped the idea of construction? Or redesign? Registered Building - Always happy to help where I can and simply loves the game. DM me if you need help in VIC. You talk about deletions, are they variations or PS and PC adjustments? pleas list them 1 16556 10 12308 Unless there is something in special conditions the builder does not have to give you timeline. 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