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VIC Council Planning Requirements Not Satisfied - Can I Delay Property Settlement?

Discussion in 'Property Law Forum' started by Con Kozaris, 19 August 2015.

  1. Con Kozaris

    Con Kozaris Member

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    Can I delay the property settlement of a newly built townhouse if all council planning requirements as per planning permit have not been complied with? There is also a planning infringement because the property has been built with 3 B/R's but there is only one parking spot (garage) and no parking for a second vehicle as required?
     
  2. Therese

    Therese Well-Known Member

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    Hi Con,

    It is my understanding that settlement can be delayed for non-compliance.

    If it is the buyer delaying usually they will be penalised, however usually the contract allows the vendor to delay settlement for two weeks without any penalty occurring.

    I would suggest getting in contact with a lawyer to discuss your options. See Get Connected with the Right Lawyer for You.
     
  3. Con Kozaris

    Con Kozaris Member

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    Thanks for responding to my question Therese. The vendor has rescinded the contract because I did not settle by the due extended date. He has kept the deposit and resold the property for $75,000 more than what I originally bought it for. Do I now have any claims for compensation?
     
  4. Therese

    Therese Well-Known Member

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    Hi Con,

    As you did not comply with the extended due date it is my understanding that the vendor may cancel the contract and keep the paid deposit.

    Did you receive a Default Notice? Sometimes the offending party may even be liable for legal costs of the preparation of this notice.

    I don't think in your case you have a claim for compensation.

    I understand that any claims for compensation must relate to unavoidable financial losses such as storage or staying in a hotel. Therefore, claims cannot be made for emotional loss or personal inconvenience.

    You may wish to consult the conveyancer you used or get a lawyers opinion as well.
     
  5. Tim W

    Tim W Lawyer

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    I agree.
    I would add however that your options may be informed by whether or not the contract was frustrated by the property not being built either to the agreed design, or by not being compliant.

    I suggest that these questions are outside the scope of a mere conveyancer.
    Given the large sum of money involved, I agree with the suggestion of seeking formal legal advice.
     
    Rod likes this.

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