We purchased an old home with an expectation of renovating it. We got quotes from builders to do the job as i was told becoming an owner builder was alot of hassle and it would take a long time to complete. We picked a builder to the job for us (not owner builder)
however, when they provided us quotes for our bathroom and stairs they were very expensive and would not supply what we wanted. So we sourced our own tiler and stair people to save ourselves money. Our builder provided us with a final account which contained alot of extras we did not agree to and no variations were received. As we disputed this, they have now blackmailed us and said if we dont pay what they are asking they will report us for not having the Owner Builder permits required. What are these permits?
He said it will go to a tribunal which means that he will treat us as a builder and not a consumer and this will throw out all variations not agreed to anyway. and he will get his money.
Is there anyone that can help us? We did not know any permits were necessary as they did the big reno on the house and got the DA etc.
We organised tiling, stairs at different times and recently had a new kitchen put in which was not part of the contract and the builder even said he would report us for this as its illegal too. Can someone help please?I don't know a lot about renovating, however, i thought that if you were not making structural changes and/or changing the purpose function of a room, then you don't need to have a development application or approval from council. However, if you remove walls make external additions or change the function of the room such as coverting a garage to a bedroom then you need council permission. I think from memory there is also a dollar value atteached to how much work you can carry out before council needs to be involved.
it may be worthwhile making a 'what if?' call to council to ascertain what the regulations are. If there were all these regulations and things then i wonder why Bunnings would run regular DIY workshops. Surely half of the things that they teach would fall into the category of work that you say you have carried out.
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Good luck
Sonya
Reeree,
Pay and get some legal advice! Wow does that mean that anyone who gets a new kitchen put in needs a permit? Really!!!! And if you get some tiling done you need a permit? I really do not think so. A permit is required when you make structural changes to a property, such as walls, or renovate nearly the whole house. If they have a DA this will cover much if not all of the works.
If the stairs are the same as specified in the DA then you have permits for them. If they are completely different and you took out walls to rearrange the floorspace around them then maybe not.
You need to get good legal advice. Then you need to ring the person who got the permits (town planner, architect etc) and get them to explain exactly what is in the permits (if you do not already know or have copies). Then you can also call the council and explain to them what you have had done and if it differs from the permits and ask how you go about getting permits, or if you even need them.
Make some phone calls, maybe you can go to the building ombudsman in your state to try and get them to help mediate with the builder. You can also find out about consumer advocacy in your state.
I wouldn't panic. He won't want to go to court as you can point out all the parts he has charged you for which you have not received. You are still a consumer even if it goes to court unless he can prove that you renovate for a living or you are in some way in the business of building.
Get some legal advice now! I would explain to him that you are unhappy with going to court/tribunal with out some legal advice and you are seeking that first before you finalize anything. Put it in writing and send it registered post. Keep records. Most solicitors will happily write such a letter for you (for a fee) if you need.Try not to engage with him in phone calls or arguments or whatever as it doesn't help, gives him more fodder and will just stress you out.
Good luck, let us know how you get on.
D
DWolfe | www.homestagers.com.au
http://www.homestagers.com.au
Email MeHeheh! Sonya you beat me to it!!!
D
DWolfe | www.homestagers.com.au
http://www.homestagers.com.au
Email MeGreat minds think alike. I would call this dude's bluff. Especially if he has added in things to the contract that were not requested and/or failed to deliver on items that were a part of the contract.
Check with the bulilding tribunal if there have been other complaints about this builder. be sure to retain any and all documentation regarding quotes, signed contracts etc, just in case you de end up in court or some other building tribunal. The more documentation you have, especially if it supports your claim/s the better.
In Victoria there is a stupid legal requirement to get a permit for works over $12,000 not sure if you are in the nanny state of Victoria or some other State.
see
http://www.buildingcommission.com.au/resources/documents/Practice_Notes_2006-56.pdf
Also builders insurance is needed for the work to be guaranteed.
There is also a time period required to wait till you can apply for another one for the next property.When doing renos you should always check with the local professional advice, or contact the area permit office. that way you are better safe than sorry.
http://www.self-storage-unit-locations.com/ Hi All,
Thank you so very much for your wise counsel, i have an appointment today with a solicitor to see where i stand. We think he is bluffing just to rip us off. But i want to make sure that i have everything that is required. Hes desperate for money i think and took advantage of my trustworthy nature. He was responsible for all DA and inspections and couldnt even finish off the work but is still demanding the full amouint. I appreciate the point about bunnings DIY workshops, that does make sense. Will keep you posted.
Many thanks again
ReeHi again,
Here is an update!!!! I DIDNT need a permit or licence of any kind. I found out today that you only need a permit if you require a DA from Council. Me organising the New kitchen ,bathroom and stairs does not require me to get a permit as i have not altered anything structurely or converted any of my rooms….so i guess thats a load off my mind. At least now im pretty sure he is bluffing…now hope all goes well for mediation…..thank you Sonya, Dwolfe,Duckster & HeatherSMT you have helped me alotCheers, glad to know that you now know that he is bluffing, now hope he backs down on his claims and revises his bill. Also nice to know that my limited understanding was correct. I haven't done any renos on my properties, but my late dad was a builder for over 40 years, i was one of his offsiders when he built or home.i must have been paying attention at some stage!
Ree – just curious what state you are in ??
Cheers,
Darren
You are very clever Sonya, i hope he backs down but i think he is having financial problems. How i know this is because i have received phone calls from a debt collection agency chasing the builder for payment of damages made to my car as a result of an insecure downpipe that blew off during construction. The accounts been outstanding for 9mths…the builder is stating they never received the bill but they only live 30mins from this dealership….alarm bells are ringing for them quite obvious why they are trying to rip us off i think!! anyway will let you know the outcome.
Im in NSW Darren…..
Thanks for your help
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