WA Defective extension built

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TaylaB

Member
16 September 2018
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We appointed a builder to build an extension to our home. We have since found out it was built without footings. The council refuse to let us rent it out, or return to live as occupants, or sell it until the work has been rectified, which will cost a fortune. The work was completed seven years against, but it only came to light in August last year. Do I have a case under consumer law to pursue the builder?
 

Paul Cott

Well-Known Member
LawConnect (LawTap) Verified
26 May 2014
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Ballarat, Victoria
Hi Tayla, you more likely have a case under the relevant domestic Building legislation in your State rather than consumer law. In Victoria, or example you may be able to take your matter to VCAT against the builder. Good luck.
 

DMLegal

Well-Known Member
28 May 2018
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514
We appointed a builder to build an extension to our home. We have since found out it was built without footings. The council refuse to let us rent it out, or return to live as occupants, or sell it until the work has been rectified, which will cost a fortune. The work was completed seven years against, but it only came to light in August last year. Do I have a case under consumer law to pursue the builder?

You have a case, but probably better to sue on your contract with the builder (providing there was one) or relevant building legislation as Paul advised. ACL only covers up to $40k anyway, I imagine the extension would have cost more, but if not, I still wouldn’t recommend taking action under ACL.
 
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David1122

Active Member
18 October 2018
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We delegated a developer to construct an augmentation to our home, we have since discovered it was worked without footings, the board decline to give us a chance to lease it out, or come back to live as tenants, or offer it until the point when the work has been redressed, which will cost a fortune...