Browse Forums Building A New House Re: Hidden Valley 23Apr 29, 2009 1:23 pm 'A bottle of wine contains more philosophy than all the books in the world.' Louis Pasteur Vegie garden: viewtopic.php?f=19&t=27637&start=0 My Backyard Adventure Re: Hidden Valley 24Apr 29, 2009 1:37 pm DS tried to invite some local (kangaroos) the other day. Just waiting to hear back from them. I'm free anytime. http://i519.photobucket.com/albums/u353/joles_photo/2009-03-09_18-21-26_09032009645-1.jpg I leave you to fend for yourself, figure things out yourself. Terrence Malick Re: Hidden Valley 25Apr 29, 2009 1:42 pm Great thread Jo! Are you going to invite the local possums, rabbits and cockatoos too? As you know, we seriously looked at land in Hidden Valley too. It is really lovely out there. Based on your various descriptions of yourself over time, I hope the Country Club will be ready for your arrival! We had lunch there once and it was a little sedate that day... Jo Settled In - Home Search and Relocation Services - http://www.settledin.com.au http://www.movingbacktotassie.blogspot.com/ viewtopic.php?t=9571 Re: Hidden Valley 27Apr 29, 2009 1:56 pm joles DS tried to invite some local (kangaroos) the other day. Just waiting to hear back from them. I'm free anytime. http://i519.photobucket.com/albums/u353/joles_photo/2009-03-09_18-21-26_09032009645-1.jpg I think the kangaroos are trying to say...nicely...that they are busy that night or they are giving DS the cold shoulder because he is new in town not nice kangaroos, I wouldn't invite them Re: Hidden Valley 28May 29, 2009 9:57 pm So hidden, I didn't even realise this thread existed! I'm a Hidden Valley'er - have previously built here, sold, now renting and have a block ready to build again! Joles is my up the road neighbour! I have been wragling with Boutique Homes for 9 months and have just pulled out. I am now at square one! HV is a fab place to live, plenty of room for Jo and her BBQ's. The country club won't know what has hit them though as it already looks at me sideways! You should of seen the look on their faces when I asked for the cocktail list last Friday night! Anyway, thanks for the thread Jo and look forward to welcoming many more members! Re: Hidden Valley 29May 29, 2009 10:03 pm When's the BBQ Jo?? 'A bottle of wine contains more philosophy than all the books in the world.' Louis Pasteur Vegie garden: viewtopic.php?f=19&t=27637&start=0 My Backyard Adventure Re: Hidden Valley 30May 29, 2009 11:22 pm SuH joles DS tried to invite some local (kangaroos) the other day. Just waiting to hear back from them. I'm free anytime. http://i519.photobucket.com/albums/u353/joles_photo/2009-03-09_18-21-26_09032009645-1.jpg I think the kangaroos are trying to say...nicely...that they are busy that night or they are giving DS the cold shoulder because he is new in town not nice kangaroos, I wouldn't invite them Re: Hidden Valley 33Feb 26, 2016 8:28 pm I'm extremely late to this party... I've just put a holding deposit on a block in Hidden Valley. I'm currently going through the massive contract before signing on the dotted line. The block isn't due to title until next year (stage 3A). My main concern is the design restrictions on what you can build. Would anyone who has built in HV like to share their experiences? Is there anything you wish you had known going in? Also, who have you built with? Elzbeth, I am looking at Boutique Homes. I'd be interested to know why you pulled out of Boutique (by PM if you would prefer it to stay private). Thanks all. Re: Hidden Valley 34Jun 29, 2016 9:56 pm hi allie181, In regards to your lot in stage 3a, just want to alert you to something that may be fixed up now but not sure, so want to make sure no one else has to suffer what we and possibly others are going through. our contract and the information provided to us had a building envelope on our 1/2 arcre of approx. 25mX38m. not until after settlement were we made aware that the building envelope had been reduced on all lots in stage 1,2 and 3 to a 20x20m envelope. which basically means no building of spread out single stories on the property. which is what we had paid for based on our original contract. there are confirmed reports of others suffering this fate also. so being careful to not defame anyone, please do your due diligence and I hope the developer is providing the correct information to the fact you will have a 20mX20m envelope to build your home..... even if you buy 5 hectares. some other factors for your consideration what ever they are telling you in regards to titling. We signed our contract in oct14 for stage 2, and were told it would settle in 4th quarter 2015, but did not settle until 25th may 2016. the area of the northern paddock is classified under Bushfire Management Overlay (BMO), which is the highest rated of the 3 bushfire classifications. which means you will have to build to a minimum standard of Bushfire Attack level (BAL) 12.5, there are some lots in that development that are higher at 19. The info at the time in hindsight was very secretive about the bushfire stuff and as we were new to this didn't know the questions to ask, all was said was we would require a water tank for fire access. if you research BMO and BAL ratings you will find all the extras you will be required to do to build in the area if you do wish to try build a single story outside the envelope you must apply for an amendment to the section 173 that will be attached to the title, you cannot simply get a permit, this process is a 4-6 month process without any guarantee of success. from what we have learned it is an easier process to get done before titling in regards to builders, we are currently in the process of changing, we were with Porter Davis but that home no longer fits. there is a local builder in Wallan Braewood Homes that we are considering who seem to be quite honest and will do a custom home for you generally cheaper than any of the major builders Any more questions feel free to ask Re: Hidden Valley 35Jun 29, 2016 11:03 pm Hi Dayleo, thanks for your reply. I ended up not going ahead after I read the contract. It was the most ridiculous thing I had ever read! What you experienced re the building envelope is an example of one of the issues I was concerned about. Thank goodness I'm a lawyer so I could see all the things that could go wrong. The fact that they would not negotiate even the smallest issues was shocking to me (eg I requested an amendment to the 2 dog limit, to change it to 3 dogs subject to council permission, and they wouldn't consider it). I've made a formal complaint to Consumer Affairs Victoria as I believe they are breaching the unfair contract terms provisions in the Australian Consumer Law (specifically, sections 23-25 http://www.austlii.edu.au/au/legis/cth/consol_act/caca2010265/sch2.html). I'm not in any way giving legal advice to anyone here, but in my complaint to CAV I expressed concerns including the following. Excluded rights The special conditions define 'Excluded Rights' to include the rights to make any enquiry, to avoid the contract, to claim compensation, to require an adjustment of the purchase price, to require Hidden Valley to do any act, matter or thing or to require Hidden Valley to pay any money or bear any costs. The definition of 'Excluded Rights' is important because it is used throughout the special conditions. Building envelope Special condition 7 provided that I would not be entitled to "exercise any of the Excluded Rights in respect of any restriction or prohibition on the use or development of, or any zoning, overlay or reservation, affecting the Property under any planning legislation or scheme or in any legislation or imposed by any authority empowered by legislation to control the use or development of the Property." My concern with this term was that I was purchasing the land on the basis that I would be able to build a house on the Building Envelope that I had been advised applied to the land. As the land was not yet titled, there was a risk that the relevant authority would refuse to grant the title unless certain changes were made, for example, a change to the size or location of the Building Envelope. Alternatively, although unlikely, there was a risk that the land would title but would not be classed as residential so I would be unable to build a residence on it. For this reason I requested what I consider to be a reasonable amendment to special condition 7, namely the inclusion of the words "unless it impedes the Purchaser’s ability to build a Residence satisfactory to the Purchaser on the Building Envelope” after the words “development of the Property”. Hidden Valley wouldn't consider my request. It is interesting that you have now told me what happened to you re the Building Envelope, because that is precisely one of the concerns I had, and clearly it was well founded! Time to title The contract provides that Hidden Valley has 5 years to get the land titled. I wanted this changed to 2 years, so that if it took them longer than 2 years, I would be entitled to terminate the contract and get my deposit back without any penalty. They refused. I know delays happen with titling. They said the block I put the deposit down on would title by the end of the year or early next year at the latest. Therefore, even if they were delayed by 1 year, the 2 year amendment I asked for would still be fine and they would title within the 2 years. The last thing I wanted was to essentially put my plans on hold for 5 years. This is a trap that many buyers unfortunately fall into. They can take your property!?!? Special condition 16.1 sets our things that a purchaser must do or must not do, for example: • 16.1(b)(iii) provides that a purchaser must not permit any building or works (except driveways) to be constructed outside the Building Envelope; and • 16(c) provides that a purchaser must complete construction within 15 months after commencement of works. Special conditions 16.2 & 16.3 provide that if a purchaser breaches any of special conditions 16.1(a) to 16.1(g) (which I note includes the two examples set out above), then Hidden Valley can compulsorily repurchase the property, including any improvements (eg a house!) and they only have to pay the price the purchaser originally paid for the land (plus stamp duty and transfer fees). They do not have to pay for the improvement (ie the house). Under the special conditions, a purchaser has no right to challenge this. Assume, for example, that I purchased land from Hidden Valley for $300,000 and then built a $400,000 house on it. Assume that due to an error by the builder, a portion of the property (say 1m of the garage) was built outside the building envelope. This would be a breach of special condition 16.1(b)(iii) and Hidden Valley could compulsorily acquire my land and house for $300,000 and I would have no grounds of appeal under the contract. (Of course I could try and argue that I didn't "permit" the builder to do this and as such technically I didn't breach the special condition, but this would be a technical legal argument.) These are just some of the examples of my concerns with the contract (I had a very long list!). I'm now looking at land elsewhere, but I was so disgusted with these terms and conditions that I had to complain to CAV. So many people buy land off the plan without going to a lawyer first and will probably be caught out by these terms. It is wrong. I hope CAV do something about it. They probably won't, especially if there have been no other complaints lodged, but I had to try. I'm sorry you got 'stung' by their contract and the Building Envelope issue. I wish you all the best with your build. Allie (Again, none of the above is legal advice or intended to be relied upon by anyone, it is just my personal opinion.) Re: Hidden Valley 36Jul 24, 2016 11:39 am im currently in the process of trying to build up there too but our land was old land and titled already Re: Hidden Valley 37Oct 16, 2017 10:45 pm Hello We are currently in a process of buying land in Hidden Valley. I've read the previous posts and frankly got terrified. Can you please tell me what is your experience so far and with who you build your house.thank you in advance Re: Hidden Valley 38Nov 02, 2017 9:21 pm Hi Ann, my parents built in Hidden Valley as owner builders 8ish years ago and didn't have any issues even when applying to remove some trees. We are actually moving back in with them whilst we build our new home! I don't know anyone personally who has been affected by the new reduced building envelopes but they do seem a little small! Good Luck! 2nd build here we come in Whittlesea! https://forum.homeone.com.au/viewtopic.php?f=31&t=92617 1st Build - Henley - Cooper in Doreen! (2009) https://forum.homeone.com.au/viewtopic.php?f=31&t=17354 thanks guys! yes this is how I've exactly raised it with the builder. still awaiting response. 12 6053 |