I hope this is the right forum to post this question!
Here's my situation:
The certificate of occupancy has already been issued and my bank effected the final progress payment the day before my builders closed for their one-month break.
The builders closed their office for one month without mailing me the keys to the house (as agreed previously; I can't collect as I am out of town).
I can't wait for the builders' office to re-open as I need to move in 1 week before then otherwise I'd have nowhere else to stay.
Are there any legal issues if I were to engage a locksmith to break open the front door and change the locks, so that I can move in?
Can I claim the locksmith's costs from the builder?
If the builder has not handed over they are still the Principal Contractor and responsible for the site. If you take possession without their knowledge (via a formal handover), regardless of payment of the contract value, you are trespassing on their site (not your house) & could be charged with break & enter or trespass.
Any damage or defects could be made void as you have not had a hand over.Surely there must be a mobile contact number for the supervisor (it should be displayed on a sign at the building site), if not council should have the number. The recorded message at the office may also have a contact number or diversion.
Of course I did try to reach the builder. His office no. is engaged (probably hung it up for the break) and his mobile phone is switched off.
Final inspection was done, and final payment was then made.
The next step should have been for the builder to hand over the keys but they did not.
Can someone tell me what recourse I have?
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