Off the plan building issue

Discussion in 'Legal Issues' started by Lilianbruno, 26th Sep, 2017.

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  1. Lilianbruno

    Lilianbruno New Member

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    Hi all I am buying an off the plan apartment, until recently I went to have a look, and discovered there's a big issue! the builder put the separating wall between my apartment 1 and 2 in the wrong and awkward position, which is in front of the bedroom of my apartment and consuming my space.so when i look out from my bedroom window, it will be exactly seeing a wall just next to it and my opening space also become smaller. the apartment builder said they will consult the architect tomorrow and said will fix it, however, I am thinking if the wall has been cemented( show in 2nd pic) can they still break it and not causing any structural problem to my apartment? It is just such a big stupid mistake they made! Should I consult lawyer? any suggestions for what to do now will be great!
     

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  2. The Y-man

    The Y-man Moderator Staff Member

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    It's just render on the blocks. Easy to knock out. Not structural.

    The Y-man
     
  3. Property Twins

    Property Twins Mortgage Brokers & Buyers Agents Business Member

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    @Lilianbruno - unfortunately those are the risks you face with off the plan property. What does the contract suggest? If it gives the builder the provisions to make alterations (which often OTP contracts do), going to a lawyer will not help.

    If they are open to assisting and getting it fixed, then I will definitely would give them a chance and aim for a win win outcome.
     
    Propertunity likes this.
  4. LifesGood

    LifesGood Well-Known Member

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    I can't quite make out what's happened by looking at the photos or the plan, but either way it's just a courtyard wall so there's no reason they can't fix it. Wait and see what they come back with.
     
    qak likes this.
  5. Lilianbruno

    Lilianbruno New Member

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    Hi all
    The builder contacted me today that that separating wall in the courtyard is for the gate purpose and seems cant be removed, which leave me very puzzled. and they havent informed us any of the changes. which is different from what we signed in the contract, which causing us very frustrated at the moment.
     
  6. Stoffo

    Stoffo Well-Known Member

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    It isnt the wall, it was/is the step down in slab that the wall is built on, it won't be possible to move.
    I'd be more upset at being on a ground level of a busy road
     
  7. Paul@PAS

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

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    OTP contracts typically have clauses allowing the developer to make any change they like v's plans. They usually dont warrant that the final build will actually be same or even similar to the sale plans but they work to best efforts. Construction plans are drawn by architects and sometimes what seems OK on paper fails on site due to floor heights, access and a range of other 3D issues that must comply with building code eg step treads and access etc.. So the build is modified and in some cases its almost unnoticeable and other times it can be major (eg lose a bedroom).

    The lower wall would be more a concern that the higher wall. If the lower wall was made higher to match the other I would argue it would offer improved privacy and noise. The low wall doesnt provide any privacy to any window. I'm guessing a screen will be added ?