Clause 55 documents - Surveyor or Builder?

Discussion in 'Development' started by Steph2022, 24th Jan, 2022.

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Does the builder or the surveyor usually create the documents to satisfy clause 55?

  1. Surveyor

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  2. Builder

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  1. Steph2022

    Steph2022 New Member

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    24th Jan, 2022
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    Melbourne
    Hey Guys,

    We purchased a property and have started the process of building a second property on the rear of the block.
    This is our first time doing this so not 100% sure on the process!
    We have engaged a surveyor and have appointed a volume home builder for the rear home. We are planning on building and then going through the process of subdividing.

    The surveyor is asking for reports such as shadowing, site context plan, private space plan, town & area map etc. for Clause 55 for the planning permit.

    The surveyor is asking the builder for these documents however the builder doesn't seem to want/know how to create these documents. It may be just our contact at the building company as they are new to the industry.

    Our question is, does the builder or the surveyor usually create these documents to satisfy the clause?
     
  2. Scott No Mates

    Scott No Mates Well-Known Member

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  3. Tompropdev

    Tompropdev Active Member

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    If you are going through volume builder then they will be doing the plan and all drawings as you choose one of their designs. Your appointed Building surveyor won't create them, they need them to review for the building permit.
     
    lixas4 likes this.
  4. Tufan Chakir

    Tufan Chakir Well-Known Member

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    The party that prepares the plans. So in this case it would be the builder (or the builder's drafter in reality). The surveyor wouldn't normally be involved in building design matters and is probably doing you a "favour" by preparing the clause 55 response. Surveyors survey, builders build....in your case you may find that you will need to have town planner involved - although someone still needs to produce drawings. In "normal" circumstances the callus 55 response would be produced by the designer/drafter/Architect in conjunction with a Town Planner, or on their own. So in your case - the builder, or the builder engages someone to do that.
     
    lixas4 likes this.
  5. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    Unusual to start with a builder without building approval of site plans. Builders may need to manage the approval using their own plan and site assessmnets etc . They will charge a fee.

    You cant build then go through process of subdiving. Usually council will approve the subdivision as part of the build plans. When its completed and signed off with occ certs then land titles are divided. May assist to have a TP / surveyor manage the process. Builders usually dont get involved with broader plans but will be involved with the construction elements. The TP may take the builders plans and do the additional work each could even be a two stage approval so each does their own. If its CDC then it may be easier through the TP. A few builders do assist the full subdivide eg Masterton and have special units that help. But charge fees for it. I guess its value add to help make complex things easier to sell.