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building a house

Discussion in 'Development' started by thegreat, 9th Mar, 2016.

  1. thegreat

    thegreat Well-Known Member

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    19th Jun, 2015
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    Location:
    South Pole
    Hi Good afternoon

    Just wanna ask if any advice can be given.
    A neighbour is building two stories house.
    The old house will be demolished together with large trees.
    Who is responsible to ensure its neighbour's house foundation is not affected. Would it be the demolition company or the builder or the owner?
     
  2. Cactus

    Cactus Well-Known Member

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    I think the builder (assuming they engaged demo) has to take out insurance for this and do a dilapidation survey too.
     
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  3. thegreat

    thegreat Well-Known Member

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    Thanks Caltan
    The tree distance to my side wall is about 1 metre away.
    So it is very close. i am worried that the tree removed with the roots causes my house foundation shakes.

    What can I do to make sure that this can be prevented
     
  4. Scott No Mates

    Scott No Mates Well-Known Member

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    Cut it down then have the stump gronder get the roots and stump.
     
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  5. thegreat

    thegreat Well-Known Member

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    Location:
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    Hi Scott
    The tree and the old house are not on my land/property.
    The neighbour will demolish the old house with the tree.
    I am not sure who is responsible to ensure that my house foundation is not affected by their work.
     
  6. bashworth

    bashworth Well-Known Member

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    Location:
    Footscray
    The owner of the land has overall responsibility.

    That is the owner has the responsibility to hire reputable contractors who can safely carry out the works and have appropriate insurance. In which case the contractor takes over the owners responsibility.

    If the owner hasn't hired a good contractor this then they are responsible.
     
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  7. jippa3000

    jippa3000 Member

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    Location:
    Melbourne
    Demo company will need license and permit to complete any works on the site.

    Once they commission the site, put up temp fence etc. everything is back on them, however if the owner does not check these requirements have been met and wrong doings or mishaps will come back on them. So moral of the story make sure you use a repeatable company that has insurance.

    Good luck
    James
     
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  8. jippa3000

    jippa3000 Member

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    Location:
    Melbourne
    In regards to the trees you'll need a arborist report on how it might affect the surround area
     
  9. Skilled_Migrant

    Skilled_Migrant Well-Known Member

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    Location:
    Melbourne
    • The developer /owner is only obliged to follow the conditions of the building permit. The owner/developer is not qualified, experienced, certified or authorized to assess the implications of demolition.
    • It is the building surveyor's responsibility to adequately assess the demolition requirements and include the necessary conditions in the building permit. If the permit conditions do not require a certified demolition company or adequate actions on the tree/roots, there is strong argument, that the developer complied with the conditions of the permit. Trees are always a legal nightmare.
    • The best option is to find out the building surveyor (private or council) and put your considerations to the surveyor preferably prior to the building permit being issued.