Battleaxe Driveway Responsibility

Hi everyone,

So I've just managed to sell 2 front vacant lots out of a triplex battleaxe subdivision (last block at the rear remaining). My question now is who is responsible to construct the driveway which serves as a common access for only the rear 2 lots?

The buyer has requested for us to construct the driveway but it seem illogical given that the driveway will be destroyed when builders come on site to build the houses and the buyers will have fork out money again to repair or replace. Are not driveway one of the last things to go in? Ideally, I would not like to take up the extra cost!

What is the norm in this situation?

Thanks,
Dex.

 

Whatever was required in the DA for subdivision. If you have met the requirements to get 3 titles issued, you have completed works.

 

If there was no requirement on the consent/permit etc for the construction of the driveway you are not obliged.
On the other hand a properly constructed driveway/access should not be damaged during construction

 

Have the lots been titled yet? There is usually a condition that prior to the issue of subdivision certificate that the easements need to be constructed. In that case it's your responsibility or else you wont get your certificate of subdivision and you wont get rego of title.

If there isn't a condition it becomes a civil matter between the beneficiaries of the easement.

Ultimately it comes down to what the driveway is. Is it a battle-axe handle for the lot at the back? If so it may be the responsibility of the owner of that particular lot. If it's a right of carriageway or easement for access than it's usually the responsibility of the developer and required by a condition of consent.

Is cut/fill required for the lots using the driveway? Normal tradie vehicles or rubber tyred machinery won't damage a driveway, but anything else potentially would

 

What if the purchaser (on foot) requests a pink crushed granite driveway and you'd put in trafficable road base? The other purchaser may want exposed aggregate.

 

Why would a properly constructed driveway be destroyed during the building process?
Marg

 

Have you ever run a fully laden low loader with a 30t excavator or D7 over a nominal 100mm thick 20MPa driveway - not always pretty.

 

What does your WAPC conditions mention @iDex?

If you already have your titles and have met all your conditions then you don't have to provide a driveway.

Does the project require a strata management plan and agreement? The cost and construction of the driveway and when it's done could be put in that and be part of the contract of sale.

Driveways are done last but construction vehicles may/might require a gravel access track be constructed for access to the rear units. This can double up as road base for paving if you go for a paved driveway.