@justsaying said:
Hi Mattb,
Thanks for your advice I contacted the Aust Building Board and they have provided these details. I will report back to the forum with their advice I guess if I can provide additional evidence to the CTTT that the work is not satisfactory I have a better chance of success
“State Building Control Administration. They handle all of the public technical enquiries regarding the building code. In NSW the phone number is 02 9228 6529.”
Hi,
It’s great to see others willing to help. Some of the info is not quite right, let me make a few points clearer.
1) all residential building works come under the Home Building Act NSW and as such section 18b Statutory Warranties which in short do require that all works are completed in a Tradesmanlike manner, that all works will be fit for purpose etc etc. so an industry expert that complies to the CTTT expert code of conduct can form an opinion if the works are completed in a workmanlike manner and/or is fit for purpose.
2) You will not be able to lodge a building complaint with the OFT or request the Builder to return as you as the lot Owner and as such are not a party to the contract. As the area is common property the contracted parties are the Owners of SP (commonly referred to as the Owners Corporation) and the Builder, as such only the OC can lodge the OFT Building Complaint and/or ask the Builder to return.
3) However in stating this you are not left without options. I would suggest that you put in writing your issues to the OC (your scheme seems to be of a size that would have a Strata Manager) both to the SM and all members of the EC, ask for a reply in writing. If the response doesn’t deal with the issues then go and see an experienced Strata Solicitor, it would seem to me on the information you have provided the past solicitor leaves something to be desired. (our email is below so if you need a starting point on finding a Strata Lawyer send us an email and we will send you a short list of Lawyers we have had experience with).
Of course I can only form a view on what you wrote originally, however I am of a view that you have a number of legitimate issues which should be addressed. I think all Owners should expect that the EC acts fairly to all and should address legitimate concerns it seems to me that the EC would want to support you to ensure the strata schemes value is protected and not just the individual lots. The CTTT always want to see that the claimant has reasonably put their concerns clearly in writing and given the other side (in this case the OC) an opportunity to take reasonable action. So if you haven’t done so write to the OC and if they don’t reasonably respond then get advice from a Strata Lawyer.
I Hope this helps.
Chris Mo’ane AIAMA, MASBC-CPC
GMD Integrated Consultancy Group
Principal sponsor OCN, Corporate Members SCA and FPA