New construction

Discussion in 'Legal Issues' started by Gavins1, 12th Dec, 2020.

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  1. Gavins1

    Gavins1 Member

    Joined:
    26th Sep, 2019
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    Location:
    Avalon
    Hi, I have just got a CDC approval from council to build a granny flat after almost a 2 year fight because of a neighbour - who is a council lawyer.
    I know I haven't heard the last from him.
    Is there anything I should be worried about for the building stages? Should I seek advise?
    There is rock excavation to be done and I was thinking of getting dilapidation reports for adjoining neighbours and a vibration monitor, as I have read that owners can be held legally liable for damages (im thinking he will make some up). Anything he can do to stop or delay or cost us more he will do.
     
  2. Paul@PAS

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

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    You are building a GF, not a block of units with underground parking like the Mascot Apartments. Most GFs sit on adjustable steel piers into concrete poured into holes. Jackhammer ? Unless you are planning a excavation like at Bondi last week its doubtful the cost is needed. Make sure the builder and excavator know of the issue. They will be liable.

    Just make sure you comply with all council rules and avoid antagonising him. eg Have a later start time for excavation and not 7am. Ensure dust is minimised etc. Be courteous. You can submit a complaint to council of his misuse of office especially if he works for the same council as your approval. And also the NSW Ombudsman.

    He may use a private certifier as his weapon : Concerns with development but at the end of the day council will determine if he is a vexatious waste of time. A site camera on a pole may be wise.
     
    Stoffo, Archaon, AxeLy and 1 other person like this.
  3. Gavins1

    Gavins1 Member

    Joined:
    26th Sep, 2019
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    Location:
    Avalon
    Thanks.
    He is on to the builder now, demanding a meeting and information on whats going on .
    The builder is going to meet with him. I.only found out about this by chance.
    Im not happy about it but what can I do.
     
  4. Stoffo

    Stoffo Well-Known Member

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    Builder really needs to interact with the neighbors, it builds a relationship and small problems/complaints are often averted by a quick chat.

    It really isn't your problem now, the site is under the builders control and is his responsibility.

    Most of the info your neighbors may want should be in the building application with council, so they likely know everything anyway, most get involved just to sticky beak during building stage.

    Just give the builder a heads up (so he doesn't put his foot in it :cool:).
     
  5. Gavins1

    Gavins1 Member

    Joined:
    26th Sep, 2019
    Posts:
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    Location:
    Avalon
    Thanks, I will leave him to it.