Council Approved and Checked Plans not followed, can I sue council

[Peter 14.7]

Hello All

This is first step.

Does anyone have experience of what liability a VIC Council has if it approved plans and signs off works but it not completed as shown... by a big difference.

This is 1993-95 in VIC so they mostly likely did go a private certifier.

It is drainage that is not to spec. in torren title vill development in VIC.

If it was built to spec if would be ok.

Does council has any liablity? or am I wasting my time?

regards

Peter 14.7

 

[Propertunity]

Council will probably flick pass the liability to the Private Certifier (PC). PC will have PI insurance to claim against (presumably).

 

[Peter 14.7]

I need to check the plans but I am pretty sure it is a Council Approval and Inspections. If so, I have then, I think?

Peter

 

[Peter 14.7]

I need to check the plans but I am pretty sure it is a Council Approval and Inspections. If so, I have then, I think?

Peter

Yes, Council approved the plans and inspected and signed Cert of Occupancy. No Private Certifier.

Very different.

It would appear there is a legal case. Any experience of thisout there.

Peter

 

[NBS]

What is the major issue, and I'd lso suggest a chat with a solisitor to see what case you may or may not have. It maybe cheaper to just fix the problem than run a legal fight who usually have deep pocket (your monies).

Brian

 

[Peter 14.7]

Thanks.

The issues the drainage is dodgy and leaking and causing subsidence tothe neighbor.

However he is pretty decent and even dug out the line and agree to replace with me. We have been IP neighbors 10 years.

Council gave me the full plans and says that liability for the house is with them but the rest is not. They don't approve the services? Seems wrong.

However, it would appear best is to simply fix for $500 and move on.

The drive way is cracked but was crap anyhow. Another Council issue but I have doubts on who you can claim on etc.. Since building the Council has merged, etc... so yes, i may just be wasting my time.

Will call my solicitor today to check.

Regards and thanks

Peter 14.7

 

[Aaron_C]

Thanks.

The issues the drainage is dodgy and leaking and causing subsidence tothe neighbor.

However he is pretty decent and even dug out the line and agree to replace with me. We have been IP neighbors 10 years.

Council gave me the full plans and says that liability for the house is with them but the rest is not. They don't approve the services? Seems wrong.

However, it would appear best is to simply fix for $500 and move on.

The drive way is cracked but was crap anyhow. Another Council issue but I have doubts on who you can claim on etc.. Since building the Council has merged, etc... so yes, i may just be wasting my time.

Will call my solicitor today to check.

Regards and thanks

Peter 14.7

Hi Peter,

Isn't Sewerage/Drainage the jusridiction of the water authority (Melbourne Water etc)? They are the ones that received contributions from the developer in order to connect the sewage and pipes to the main system. Sure, the council's building surveyor would sign off on the building itself but that's not the issue here...

 

[Dazz]

best to simply fix for $500 and move on

My vote is for this option.

 

[Peter 14.7]

My vote is for this option.

My vote as well. I will document as we fix and see what compensation we get with Melb Water. I may be the $500 only but so be it.

Peter