Hi Guys and Gals, I've just received my report from my private inspectors that I've hired in addition for the framing stage. The framing stage is completed and I've been sent a invoice. However my inspector's report list lots of defects. One of the defects in breach is : "The Victorian Building Authority’s, Guide to Standards and Tolerances clause 4.08 Bottom Plates that Overhang Concrete Slabs, states ‘Bottom plates that are 90mm wide or greater and overhang concrete slabs by more than 10mm are defective’." One of many such defects is over 70mm overhanging the concrete slab. Since the frame stage has been completed by my builder, the the building surveyor must of inspected the frame stage and signed off on it. Is this correct? My question is, is the Building Surveyor required to ensure that the build is built to the "Victorian Building Authority’s, Guide to Standards and Tolerances", or do the certificate that they are a signatory to not cover that. If the surveyor is required to make sure the frame is to the "Victorian Building Authority’s, Guide to Standards and Tolerances", then if I contact him and show him the defects, is he obliged under law to make sure the defects are rectified? Thank you
Would think that a very good question for the inspectors you paid. Theeir ansswer may suprise you. Defects may not be grounds to stall a progress amount but may be a matter for rectification. Before handover. You may need to ensure a the proper process for defect remediation is followed. Legal advice on the contract process ? The surveyors job is not to deal with frames. That the licensed builders job. All site work is their responsibility
So before handover I have to ensure the proper process to remedy the defects, but shouldnt i remedy the frame defects now, before the brick and plasters are put up?
The Building Surveyor is unlikely to have inspected the frame himself and the usually engage a Building Inspector to do this on their behalf. They aren't working to the Guide For Tolerances and Standards but should have picked up the overhang of the bottom plate. Do you know if it has actually been inspected yet? Tools
So the building surveyor may not have inspected the frame stage himself directly, but as part of the mandatory inspections, he must be required to at least get a inspector to inspect on his behalf, correct? I just assumed he has inspected since I was sent a invoice for frame stage completion and must the surveyor sign off before stage is completed? I have requested from the building admin and SS a copy of building's surveyors inspection for the frame stage and am awaiting a response... I assume that I am entitled to this report, correct?
Yes, correct. BS spend most of their time in the office and either employ or contract inspectors for the site visits. Sometimes they come out and do the final inspection themselves, but not often during the build. Just call the BS yourself and say that you have some concerns with the compliance of the frame (note that the BS is not their for quality control, just compliance, and that overhang is not compliant) and ask if it has been inspected yet.You as the owner have appointed the BS (the builder cannot do this anymore) and should be receiving copies of all correspondence, however not all BS issue reports after each inspection unless there are issues to attend to. Tools
Pretty sure the frame will need to be rectified. You should ask the builder what they intend to do. Seems like you have a non-compliant frame and the BS will not (should not) be signing off on this stage without rectification. This is very serious, make sure the frame is compliant
Thanks for that, since this was my first build, i was pretty new and did not know I could assign my own BS. So the BS assigned was one chosen by the builder. Am I right to assume that even though it is a BS chosen by the builder, he is "suppose" to do his job independently? ( w/o conflict of interest) Even thought he is a BS chosen by my builder, does he need to provide me with the reports himself or since he was chosen by my builder, he is working under them and does not need to?
Have you contacted the builder to let them know the results of your independent report? I would do that first and discuss what they are planning to do to rectify the situation. Whether or not their own BS needs to provide you reports/act independently etc is kind of irrelevant at this point as you have had your own independent inspection stating it's defective.
A BS is/should be independent. They take the role that a Council played "in the old days". The system was privatised. Most BS are very very careful and wouldn't risk loosing their licence (and yes, it does happen from time to time). Have the conversations, and if the responses are unsatisfactory contact the Building Commission (they are pretty quick to jump on BS)
Yes I have, have also requested a "certificate of compliance" that the BS would of had to sign off for them. Regarding fixing the defects, sent multiple messages to SS and still no replies. Ok then, so even though this BS was appointment by my builders, they are still suppose to be independent. I will see how discussion of rectifying my fault goes with my builders, however if my builders refuse to rectify them, then am I right to assume to BS would force them too since these are major defects?
You would have signed something giving rights to the builder to appoint the surveyour on your behalf.. have you read what you signed?
Yes. The BS should not sign off on a defective frame. Builder must rectify, then ask for another inspection (to prove rectification)
You keep saying that the BS was appointed by your builder which is not permitted, and I would be surprised if this would get past the BS. From the VBA website: Only an owner or agent of the owner may appoint a private building surveyor. It is not the role of the local council or the VBA to appoint a private building surveyor. By law, the builder can't appoint the building surveyor. AND: Authorised agents You can authorise another person (such as your architect or draftsperson) to act as your agent and appoint a building surveyor for you. If you appoint an agent, you must provide them with a written authority before they can act on your behalf. Remember that the builder is not allowed to appoint the private building surveyor. Have you called the BS to see if the frame has been inspected? Tools
