is it illegal for builder not to put temporary fencing after demolition

Discussion in 'Legal Issues' started by Hari Yellina, 13th Sep, 2020.

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  1. Joynz

    Joynz Well-Known Member

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    Yes - your second post crossed mine, so I deleted mine when I read your second post.

    I wonder if the fence went up during the demo and was removed by the demo company afterwards?
     
  2. Hari Yellina

    Hari Yellina Well-Known Member

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    And some additional notes from the Council.

    The interesting words from the permit, It says "some or all persons having an interest in the land". Ultimately, I will be the looser.

    ""Any failure to comply with the conditions of this permit may result in action being taken to have an Enforcement Order made against some or all persons having an interest in the land and may result in legal action or the cancellation of this permit by the Victorian Civil and Administrative Tribunal. ""
     
    Last edited: 13th Sep, 2020
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  3. Luca

    Luca Well-Known Member

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    I am not sure about the question. It depends on how the contract has been developed. It is usually good to have a lawyer to have a look.

    The Council will fine you and you will have to back charge the builder. I remember there was a post about this, someone building in Heidelberg.
     
  4. Curious2019

    Curious2019 Well-Known Member

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    Did your quote from your builder include temporary fencing? You can certainly request that he installs it and he will bill you accordingly.
    We paid for temp fencing to be installed prior to build starting as we had people dumping on our land when it was open and vacant. Once build starts builder pays for temp fencing (included in build price).
     
  5. Hari Yellina

    Hari Yellina Well-Known Member

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    It was part of the contract. To install it. and follow the council planning permit as well.
     
  6. Luca

    Luca Well-Known Member

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    Don`t stress too much, you talk to the builder and make sure this will be completed ASAP.
     
  7. Hari Yellina

    Hari Yellina Well-Known Member

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    Luca, Thank you for your help.

    Spoke to the builder, they said, it was a mistake, Builder wants to replace his fencing with rental one. The rental company didn't communicate well.

    They are installing fencing next week. All sorted.

    Mean we hope no one will chop off the tree.
     
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  8. Luca

    Luca Well-Known Member

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    Good to hear it is all sorted.