Developer or Builder - Who is Responsible

Discussion in 'Development' started by MTR, 29th Sep, 2015.

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  1. melbournian

    melbournian Well-Known Member

    Joined:
    2nd Sep, 2015
    Posts:
    3,038
    Location:
    melbourne
    It would be the builder not developer. Once the developer sells it is hands off. The builder is primarily responsible for any screw ups and so is the building surveyor when u get the occupancy permit. It is for them to do the due diligence. Take the recent case of the apartment tower in Docklands that was due to non- certified cladding. It was due to builder who
    Sourced those materials.

    Similar to electric and and plumbing - if it is not certified products the plumber would not install it as the onus is on him to ensure they are up to Australian standards.

    The only case I know in vic was when a developer sold off the plan different finishes colours as per the plans or difference in design then the developer got sued
     
    SerenityNow and MTR like this.
  2. Cactus

    Cactus Well-Known Member

    Joined:
    18th Jan, 2016
    Posts:
    1,445
    Location:
    Melbourne
    Not legal or accounting advice, but maybe it could be done this way:

    ABC Pty Ltd trustee for Project 1 Unit Trust to purchase development site and develop site.

    By all units in the trust with XYZ Pty Ltd

    On completion dispose of the unit trust, complete tax return by XYZ Pty Ltd and then commence Project 2 unit trust with after tax profits.
     
    Sackie likes this.