Hi all,
I went in the contract 21-01/20 for building a house.
My builder is unable to get building approval due to the side boundary setback (200mm on the drawing in the contract)(lodged early FEB)
Council advise them either amend the plan or obtain the consent from neighbour without any objections for the proposal.
They said that they applied MCU to cover the 200mm setback. But they were wrong. We have to have the consent form from neighbours. Both neighbours refused to give.
I have asked for full refund of 5% deposit but they said they can only refund the amount they haven’t spent on my file. Is it legally allowed to them to charge?
I spent 6 months with this plan built. (Since SEP last year)
I guess, my builder thought MCU would cover the side boundary setback like front setback relaxation.
They didn’t inform me about this consent issue prior to contract. (maybe they didn’t have any idea what they were doing with MCU)
Do I have right to request full refund ?
They cannot build my house as per contract without the neighbours consent which both side of neighbours already refused to give.
Another question: how to calculate the ANTICIPATED START DATE in the contract?
The contract is saying 60 days from date of this contract. It’s already past though if it’s counting from the date of the contract.
Any help will be appreciated.
Thanks in advance
I went in the contract 21-01/20 for building a house.
My builder is unable to get building approval due to the side boundary setback (200mm on the drawing in the contract)(lodged early FEB)
Council advise them either amend the plan or obtain the consent from neighbour without any objections for the proposal.
They said that they applied MCU to cover the 200mm setback. But they were wrong. We have to have the consent form from neighbours. Both neighbours refused to give.
I have asked for full refund of 5% deposit but they said they can only refund the amount they haven’t spent on my file. Is it legally allowed to them to charge?
I spent 6 months with this plan built. (Since SEP last year)
I guess, my builder thought MCU would cover the side boundary setback like front setback relaxation.
They didn’t inform me about this consent issue prior to contract. (maybe they didn’t have any idea what they were doing with MCU)
Do I have right to request full refund ?
They cannot build my house as per contract without the neighbours consent which both side of neighbours already refused to give.
Another question: how to calculate the ANTICIPATED START DATE in the contract?
The contract is saying 60 days from date of this contract. It’s already past though if it’s counting from the date of the contract.
Any help will be appreciated.
Thanks in advance