Do I really need a Form 21 at the end of a my QLD house build?

Discussion in 'Development' started by H#1, 11th Jan, 2018.

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  1. H#1

    H#1 New Member

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    Hi there - My house builder in QLD went bankrupt and didn't pay many of his vendors, including certifiers. Now that a new builder has been appointed, we've found out certifiers/inspectors won't hand over their records which are needed to get a Form 21 at the end of the build. And unfortunately the QBCC insurance won't pay for any past unpaid inspections (only future ones with the new builder).

    My question to you is: What are the negatives of NOT having a Form 21 ultimately? Will the house have trouble being insured? Does it make me more liable? Any advice or resources to check out welcome.
     
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  2. Scott No Mates

    Scott No Mates Well-Known Member

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    You will only have difficulty if you ever come to sell the property as you will need to jump through all the hoops if you can't contact the original certifier and locate the documentation.
     
  3. RPI

    RPI SDA Provider, Town Planner, Former Property Lawyer

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    If you don't sell for 7 years then it won't be an issue. QBCC insurance expired, records archived. Small chance of a show cause notice if they didn't build compliantly - setbacks, height etc.
     
  4. Dannyyboy

    Dannyyboy Member

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    We are in the same boat.
    We need the form 21 to approve the house in the council area.
    Ive have to pay for a lot of form16s myself. Unfortunately im missing 1 more the framing and trusses.
    I have been to qbcc they wont help as the contract is between myself and the ex builder. I have found that alot of engineers wont sign off others work.
    There is a massive gap in the building regulations and legislation.

    If you want check out the building regulations 2006 part 32
     
    Tom Rivera likes this.
  5. Allykat887

    Allykat887 New Member

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    Hi I am in the same situation. Wondering what your outcome was? Did you manage to obtain form 16 and if so how?
     
  6. TraceyConnell

    TraceyConnell New Member

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    Hi, can anyone advise what avenue I take to force the builder to provide me with the form 21? He is ignoring my requests for finalisation paperwork because he says we owe him an additional $9,500 on top of a contracted job of $203,500. When we asked what the additional was for as there were no variations, in a nutshell he pretty much advised that it was to cover some additional costs for him. He is currently still fixing up a defect but the job the job finished November 2018 and I am looking to put my house on the market in the next couple of months and I need the paperwork. Does anyone have any advice on how to force the builders hand in this?
     
  7. Scott No Mates

    Scott No Mates Well-Known Member

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    @TraceyConnell - read your building contract. It will detail the requirements for the builder to having to submit variations and get them signed off by you. There are generally strict timeframes around this. Contact your office of fair trading to get advice on how to proceed.

    If the Form 21 is prepared by the Certifier which the OWNER has engaged, why do people think that they need to chase the builder to get the certifier to perform works that the OWNER has engaged them to do (the builder is only co-ordinating them). Don't include certification in the building contract, make the contract completion conditional that they achieve certification and provide all certifications at the completion of each stage.
     
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  8. TraceyConnell

    TraceyConnell New Member

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    Thanks Scott No Mates, yes the contract very clearly states that variations need to be put in writing and agreed to by both parties prior to commencement of work which is why I went back to him and advised him that we will not be paying the additional money.
    The Certifier was engaged by the builder and the builder sent me an email stating that he won't be providing me with the Form 21 until payment of additional money is made. I don't even know the name of the certifier that came out to site to inspect. I might get in contact with my local council to determine if anything was submitted to them by the certifier.
    Thanks for your guidance about office of fair trading, I hadn't considered them. :)
     
  9. Lindsay_W

    Lindsay_W Well-Known Member

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    Can't you just arrange for another certifier to come out and complete the Form 21 Certification?
     
  10. TraceyConnell

    TraceyConnell New Member

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    To be honest Lindsay, I didn't know that I could. I just assumed that a certifier would have also needed paperwork or evidence before signing off eg: waterproofing etc, of which we don't have, the builder did all of that stuff.