Conveyancer & Building Certificate - no rationale - revenue raising?

[Dolly Dream]

Hi

We are in the process of buying a house.

I engaged a conveyancer, partly at the recommendation of a mortgage broker. So far I have been uncertain about a lot of the advice he has given. I check and research everything I am advised to do. In this case my checks have raised doubts about much of his information.

The latest thing I am concerned about:

He advised that he would need to obtain a building certificate (for which there is an extra fee). Before we had even exchanged contracts with the agent, the conveyancer had personally looked over the S32. The S32 we have been presented with contains the building permit, the certificate of insurance and the occupancy permit. The house was also only built about a year ago.

Is there any reason then why the conveyancer should need to obtain a building certificate (Form 10)? When I asked he muttered something about the fact that he needed to do this because the house is so new. It didn't seem to make much sense to me...

If he can't clearly articulate why he needs this it makes me think he may just be revenue raising.

I phoned the head office of the conveyancing firm and asked 'generically' in what circumstances conveyancers would ordinarily need to apply for a building certificate. They advised that as long as I had received a copy of the building permit, insurance certificate and the occupancy certificate in the S32 there should be no need to apply for a building certificate.

Anyone have any thoughts on this?

Cheers

 

[Rolf Latham]

Hi Dolly

I doubt that the conveyancer will be lining their pockets with the council fee

You have a problem here that is much larger than a few bucks.............you are entrusting someone you dont trust with a big purchase.

reality is, the conveyancer may have a very good reason for asking you to obtain the doc / certificate., I dont know what that might be, but when my solicitor suggest I do x, I do x.

You may be bestoff doing self conveyance in the future seeing you are doubling up on the work

ta'rolf

 

[Dolly Dream]

Rolf - I'm glad to see you are such a trusting person...

But I don't think anyone should 'do x' just because somebody else says 'do x'!

I include everyone in this: I don't blindly take advice from doctors, lawyers, teachers, friends, family...!

We all have our different areas of expertise and certainly at times it is wise to take advice from others because they know more about a certain subject than you. But you should do so in a considered and informed way and weigh up whether you think someone's advice is the best option in a particular situation!

Most often when I think somebody's advice is wrong, it turns out it is! As a result of my caution I have gotten in to a lot less tricky situations than many people I know.

My concern with this guy is that when I politely ask him to explain his rationale behind things, he seems quite unable to articulate it. Maybe he is just accustomed to most people blindy accepting his standard procedures without asking any questions! (I.e. 'doing x' because they are told to 'do x'!)

If I ask his reasons for doing things he should be able to tell me.

 

[Melbournian]

Hi

We are in the process of buying a house.

I engaged a conveyancer, partly at the recommendation of a mortgage broker. So far I have been uncertain about a lot of the advice he has given. I check and research everything I am advised to do. In this case my checks have raised doubts about much of his information.

The latest thing I am concerned about:

He advised that he would need to obtain a building certificate (for which there is an extra fee). Before we had even exchanged contracts with the agent, the conveyancer had personally looked over the S32. The S32 we have been presented with contains the building permit, the certificate of insurance and the occupancy permit. The house was also only built about a year ago.

Is there any reason then why the conveyancer should need to obtain a building certificate (Form 10)? When I asked he muttered something about the fact that he needed to do this because the house is so new. It didn't seem to make much sense to me...

If he can't clearly articulate why he needs this it makes me think he may just be revenue raising.

I phoned the head office of the conveyancing firm and asked 'generically' in what circumstances conveyancers would ordinarily need to apply for a building certificate. They advised that as long as I had received a copy of the building permit, insurance certificate and the occupancy certificate in the S32 there should be no need to apply for a building certificate.

Anyone have any thoughts on this?

Cheers

Not sure what a building certificate is but as long as there is permit for it - there shouldn't be a need for it. unless it is building inspection report which is something that is done on the request of the purchaser.

 

[Perp]

A few seconds on google revealed to me that a Form 10 is an "annual essential safety measures report", required annually for all buildings other than single-storey detached houses (ie class 1a). See pages 7 to 8 of Victorian Building Commission's Essential Safety Measures Maintenance Manual. So if you're buying a unit, for example, then this seems reasonable.

But ask your conveyancer why it's required, and don't quite asking until you get a satisfactory explanation.

 

[Rolf Latham]

If I ask his reasons for doing things he should be able to tell me.

true

what is the cost to obatin the certificate ?

ta
rolf

 

[Dolly Dream]

Thanks everyone. From what I can see the cost of the form is about $200. Not a huge fee but something I don't want to pay for if it is not absolutely necessary! I'm going to speak to him again today and will attempt to extract a decent answer!

 

[Rolf Latham]

Thanks everyone. From what I can see the cost of the form is about $200. Not a huge fee but something I don't want to pay for if it is not absolutely necessary! I'm going to speak to him again today and will attempt to extract a decent answer!

200 bucks is worth questioning for sure

pls let us know of the outcome

ta
rolf

 

[JoP]

Is it perhaps a requirement of your incoming mortgagee?
Or, you could instruct your conveyancer (do this in writing for his benefit) to not obtain it and then you won't be able to sue him or her for negligence later.
There's always the possibility that s/he is acting in your best interests.
But, if you don't have trust or faith in your conveyancer and you feel you are second guessing all his or her decisions, or there is a communication gap which you can't talk your way out of, go to another conveyancer or lawyer.