Sole Occupancy Unit Flooring

Discussion in 'Legal Issues' started by apartmentloser2015, 15th Jul, 2019.

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  1. apartmentloser2015

    apartmentloser2015 Member

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    Hi There,

    I have been directed here from reddit in relation to some questions on a property we bought off the plan that is due to settle.

    We had the opportunity to inspect the property and found that the bedroom floor underneath the carpet is uneven and there are clear dips / bumps.

    I am hoping some expert can direct me to any BCA or Australian Standards requirement that requires the flooring to be flush / flat, or is uneven surface allowed?

    Many thanks in advance.
     
  2. Westminster

    Westminster Tigress at Tiger Developments Business Member

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    You would probably best getting a licensed building inspector to inspect the whole unit to ensure that is not the only issue. They would know all the BCA for that item and others that you probably aren't aware of.
     
  3. apartmentloser2015

    apartmentloser2015 Member

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    Thanks for your kind reply, the agent limited our inspection to 30min, we squeezed 1 hour out of them with constant hassling.

    I don't think they will allow another inspection (and from sources I can gather, we are only entitled to that one inspection), let alone agreeing to a specific time frame where I can engage a proper building inspector.

    The property is in Sydney, and I am absolutely disappointed in how we are treated, the building quality as well as the overall process considering the premium we paid.

    There is currently zero pride and workmanship quality in the industry, this is form a reputable building Hamilton Marino as well.
     
  4. keenas

    keenas Well-Known Member

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    For a concrete slab it is 10mm variation across the slab or 4mm within any 2 metre area.
     
  5. apartmentloser2015

    apartmentloser2015 Member

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    Thank you kind sir, if you are able to point me to a specific Clause in the BCA or construction standards that would really help.
     
  6. apartmentloser2015

    apartmentloser2015 Member

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    Again thank you for your reply, which allowed me to locate the document "Guide to Standards and Toelerances 2017, NSW"

    Thank you kind sir!

    Cannot edit original reply ><
     
  7. The Gambler

    The Gambler Well-Known Member

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    How much will you lose if you don't settle? And how much time before settlement? Do you have a solicitor you can talk to?
     
  8. apartmentloser2015

    apartmentloser2015 Member

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    Will lose more than $100k if I ditch the deposit / stamp duty paid, solicitor is putting together a defect list to issue to the developer.
    Reading the contract and requirements around, I don't think uneven flooring would be regarded as "unsafe" to occupy, so it looks like we can be ignored.
     
  9. Stoffo

    Stoffo Well-Known Member

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    I'd formally request (in writting) for another inspection, and arrange for a building inspector to accompany you...

    The tactic too many developers take is to rush you thru, all while ("their people" are busy running taps and inspecting stuff") to cause distraction !

    Ultimately, you have no rights not to settle unless there is structural defects or the place is unlivable........(sorry)

    Then you will have to CHASE the developer/builder after !
    This all too often lately means the body corporate also has many issues to chase, without the right members it can go legal and cost many $$$$

    None of this means that you can't be difficult along the way ;)
    Try talking to other owners also inspecting
     
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  10. Scott No Mates

    Scott No Mates Well-Known Member

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    You should have a 12 week defects period which the builder will return to fix the minor settling in issues etc which you will notice when living in the place. The floor, if it is uneven, will cause additional wear to the floor finish and can still be raised in the defects period. You can still get your building inspector in to make a complete list of defects, non-compliant and unsatisfactory work.
     
    Westminster likes this.