VIC VCAT or Council - Regulatory Body to Intervene?

[Grant Smith]

We had an first level extension built to our Victorian terrace in Melbourne. Unfortunately, our builder did not install the specified metal cladding to the fire resisting wall on the boundary. With no external cladding, the fire resistant specifications will break down. In addition he has broken the BCA 60/60/60 continuous fire rating by fixing wooden battens to cover the cement sheeting joins. This was missed by the relevant building inspector and a certificate of final inspection was issued.

We have offered the neighbour $6,000.00 for the three day access our builder requires to rectify this defect. They have refused. That's all we can afford. They also refuse access to their property for any maintenance to our wall. It's just a matter of time until leaks start appearing.

Is there a regulatory body that could intervene on our behalf? Does VCAT or Melbourne City Council have any access order powers that could be used to help comply with BCA regulations? Is there any implied easement for maintenance on these old Victorian terraces? Do we have any options for maintenance or rectification work?

 

[Rod]

Why hasn't the builder fixed the defect using your side at his cost? And why not have the builder negotiate his own access to the neighbour's property at his cost?

 

[Grant Smith]

The wall can only be accessed from the neighbour's property now. Our wall is built on the property boundary. The builder has only offered to supply and install the cladding. Any conditions of access agreement he refuses to participate in. As you can see we're sandwiched between the builder and the neighbour.

 

[Rod]

Is this the builder who built the extension or a different builder? When was the extension built?

 

[Grant Smith]

Same builder, who built the building and left the cladding off. He thinks he's only liable for the missing cladding. He also trespassed on our neighbour's property to apply the fire resistant specs to the boundary wall, which is one of the reasons the neighbour won't give us access. I don't know if we can get the consequential loss from the builder through VCAT, but we'll try if there's no solution to this problem.

 

[Rod]

He thinks he's only liable for the missing cladding.

Tell him he's dreaming.

The building control act allows access for emergencies but doubt this is an emergency. You may be able to claim on insurance or appeal to the Building Appeals Board. They may have some powers they can use.

Sorry, not really my field to help any more than this.

 

[Grant Smith]

Thanks Rod.

A major worry is how this affects our insurance. We will need to get a decision from the Building Appeals Board that exempts us from the 60/60/60 continuous fire resistance requirement. If not, I imagine our premiums or coverage will be impacted.

It's just a matter of time until the weathering degrades our wall to the point of water ingress. Then what do we do? Is that an emergency?

Something I find astonishing is that there doesn't appear to be a common law implied easement for maintenance in Victoria. How have all these old attached buildings survived this long?