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Pre Purchase Inspections and Practical Completion Reports Perth

W.A. Building Service Provider License # 14348

Email: christian@shsbuildingconsultants.com.au

0401 953 226

Your investment is in safe hands with SHS Building Consultants.

Tuesday, November 03 2015

Pool inspections Perth

by Paul Rees @ Perth Pool Inspections.

Why should I get a pre-purchase inspection for a pool?

Most people are aware that the cost of rectifying defects with a pool can be expensive. It therefore pays to know what condition the pool and pool equipment is in prior to purchasing a property with a pool.

Many people do not realised until after settlement that when organising a pre purchase property inspection, the pool and pool equipment is not checked by the building inspector. It is usually too late to get the vendor to fix any issues after settlement.

An experienced pool inspector can check any and all observable defects to the pool fencing, the pool and the pool equipment before you purchase a property.

This will ensure that the pool area is safe, has ben installed in accordance with Baca requirements and that everything operates as it should.

  • Non compliant gate latches and/or hinges
  • Any pol leak or faulty equipment
  • Minor and major damage to pool linings

Pool Fencing

Non compliant pool fencing is a source of dismay for new home buyers. Often the first sign that something is wrong is when the council inspector appears and orders rectification work with a few short months of settlement. Common orders to rectify include repairing dammed fencing panels, clearing climate debris from outside the pool area, all doors to the pool area to have self closing gates (including sliding doors to houses which open near into a pool area, and many other expensive things. For this reason alone a prepurchase inspection is a good idea- but there are more reasons to organise a pool inspection as part of your prepurchase inspection.

Pool Equipment

Pool equipment which is old, obsolete or faulty can be expensive to repair or replace. A pool prepurchase inspection can ensure that you know the condition of the equipment prior to settlement and so that any repairs can be included within the contract of sale.

Pool Leaks

Pool leaks can be a secretive, unknown business to many people. Slow drops in water levels, increased water bills and other indications may show you have a leak. Unfortunately unless you know about these things before settlement it will be too late to get them rectified after settlement. 

An experienced pool inspector with the correct equipment can use sonar and other technology to locate leaks before settlement.

What should I include in the Contact of Sale?

I advise to include an inspection of the pool in the annexure or conditions of the contract. Then, if any part of the pool is defective and not fit for purpose you may be able to negotiate  fairer price for the property given any required rectification. This is obviously a very important bargaining tool during the purchase of a new home with a pool.

To find out more or to organise a pool prepurchase inspection please contact Paul on 0401953226 or vist the Perth Pool Inspection website

Posted by: AT 04:31 pm   |  Permalink   |  Email
Saturday, October 31 2015

BAL requirements have been in place since 2009 for the construction of buildings in bush fire prone areas. Although the requirements have been in place since this time, they have only recently been adopted and enforced by local councils. This means that most new homes constructed today require a BAL assessment which is indicative of the level or risk from ember attack and heat flux. All homes which are to be constructed with a BAL rating of 12.5 and over require specific construction methods which comply with the legislative requirements. It is important to identify if the building components you are required to have installed have indeed been installed in accordance with legislation. Not having properly installed or adequate building components can have serious consequenses for your home in the event of a bushfire.

There are a range of bushfire attack levels that increase with the severity of the impact of bushfire. The location of the building and proximity to bush, topography and land slope are used to assessed the risk.

Striving to keep your home bush fire safe can come at a cost because the higher the rating the more complex the construction. Metal windows, gauze flyscreens, and enclosing exposed timbers can represent a cost of several thousand dollars on top of the existing building costs.

Posted by: SHS Admin AT 05:14 am   |  Permalink   |  Email
Tuesday, October 13 2015
Contact SHS Building Consultants for your next building inspection in Perth
Posted by: AT 06:53 pm   |  Permalink   |  Email
Wednesday, October 07 2015
As a purchaser, you must make your own investigations of the property you are considering buying to detect any building defects before settlement because there may be little recourse for compensation for defects discovered after purchase. In addition to this you could end up with a property worth less than you paid for .
 
That's why having a building and pest inspection conducted is essential in assisting you to make an informed assessment of the risks associated with what is probably the most significant purchase of your life. 
Posted by: SHS Admin AT 04:12 am   |  Permalink   |  Email
Wednesday, September 16 2015

Improving BCA understanding - how can we help?

There are building inspectors (both registered and unqualified) operating in Western Australia without experience in matters of identifying defective building work. As a result The BCA is often misquoted and often misunderstood within inspection reports (and in turn by construction supervisors and managers) and this can generate unnecessary costs for unnecessary rectification work.

Flashings – an example

A single storey full brick house has several windows along an elevation which is not adequately protected by an eave. The building inspector has noticed that there are no sill or head flashings to the windows and has written this as a defect in his report. He has stated that the windows do not meet the BCA requirements. The owners of the house are now demanding the windows are removed and the flashings installed because their building inspector has identified the omission as a defect.

Was the inspector right? What does the building code say?

Volume 2 of the Building Code of Australia outlines the structural performance requirements of building work in Australia. Since 2011 the BCA has shied away from explaining how building work must be undertaken, and instead allowed for alternative solutions, providing that the performance requirements are met. In the past requirements for the construction of eaves, window heights and flashing requirements to prevent water entry were stated in the BCA - but not anymore. Currently and into the foreseeable future, the BCA performance requirements state the minimum requirements for acceptable building work as far as the The BCA is concerned.

In regards to weatherproofing of wall openings performance requirement BCA 2.2.2 Weatherproofing states:

“P2.2.2 Weatherproofing

A roof and external wall (including openings around windows and doors) must prevent the penetration of water that could cause—

(a) unhealthy or dangerous conditions, or loss of amenity for occupants; and

(b) undue dampness or deterioration of building elements.”

What this means is that unless water has entered around the openings (a) or caused unhealthy conditions or dampness (b) there is no defect implied in accordance with the BCA requirements.

What else does the BCA say about weatherproofing?

“Part 3.3.1.0

Performance Requirement P2.1.1is satisfied for unreinforced masonry (including masonry-veneer) if it is designed and constructed in accordance with one of the following:

(a) AS 3700.

(b) AS 4773 Parts 1 and 2.”

*(Performance Requirement P2.1.1 lists the requirements of building Stability and resistance to actions and includes - among other things- resistance to rainwater action.)

AS 3700 Masonry Structures 4.7.3 Damp Proof Courses and Flashings states:

“4.7.3 Damp-proof courses (DPCs) and flashings

DPCs or flashings shall be incorporated into masonry construction where it is necessary—

(a) to provide a barrier to the upward or downward passage of moisture through masonry;

(b) to prevent moisture from entering into the interior of a building from the exterior;

(c) to prevent moisture passing across a cavity to the inner leaf; or

(d) to shed moisture through masonry to the outer face.”

It is considered that most regular window installations will automatically satisfy Australian Standard 3700 (and therefore the performance provisions of the BCA) because:

Part (a) is satisfied providing that the gutters above have overflow provision and adequate drainage. (No water can tip into the cavity from above).

Part (b) is satisfied if the sills have fall away from the window, there is adequate sealing around the window / frames and the provision of weepholes to the window frame.

Part (c) is satisfied if the window has fins.

Part (d) is satisfied if there are weepholes at the base of the wall.

Summary:

If the windows are not leaking and the windows satisy AS 3700 part 4.7.3 - there cannot be a breach of the BCA performance requirements therefore there can be no defect with reference to the BCA.

No rectification work (with reference to the BCA) needs to be undertaken.

Posted by: SHS Admin AT 05:13 pm   |  Permalink   |  Email
Wednesday, September 02 2015

Your Builder has 120 days (minimum - you may have more check your contracts) from the date of practical completion to rectify any incomplete building work or defective building work which is not structural by nature. What most people don't realise is that you have 6 years to seek a remedy in relation to your building contract. An inherent part of any building contract in Western Australia is that the building work must be undertaken in a proper and proficient manner. What this means is that even after the defects liability period your builder is still responsible to rectify defective building work. 

In addition to the 120 days Your builder has 6 years from the date of Practical Completion to rectify any structural defect with the building.

Contact an SHS Building Consultant for an overview or arrange an inspection.

Posted by: AT 04:30 pm   |  Permalink   |  Email
Wednesday, September 02 2015

The definition of what is a structural building component and therefore what is a structural defect is a hotly debated issue in Western Australian construction.

The problems arise when a contract for the purchase of a new home may state that structure is the load bearing components of a building only. Whereas a contract for building a new building may refers to those type of components which serve to support the structure of a building as being structural elements. Some building legislation goes even further to states that anything which forms or effects the structural building components is considered a structural building component! This all may seem confusing.....

...SO what does this mean for you?

1. We know that brick walls, concrete slabs (the structural part) and roof frames are most certainly  structural building components.

2. We also know waterproofing (showers and wet areas) and weatherproofing (windows and roof coverings) should be considered secondary structural components. This is because although they do not provide shape or directly  support the structure of the building, failure will cause a loss of amenity and damage to structural building components over time if left unchecked.

3. Internal doors, cabinetry, floor tiles are non- structural.

*****But remember regardless of whether the component is structural of not you are still protected by consumer law to get defective work rectified for 6 years regardless whether it is structural or not.******

Contact SHS building Consultants to find out how this may affect you!

Posted by: AT 04:00 pm   |  Permalink   |  Email
Sunday, August 30 2015

In Western Australia you are protected by several laws when you engage someone to undertake building work for you. These laws and obligations extend to builders, carpenters, roof plumbers, tilers and handymen. This includes most people involved with building your new home or undertaking building work within your existing home. The principles and obligations for entirely new homes are the exactly the same for renovations, extensions- for example a new deck, a new patio or a new bathroom.

We are often asked what are my rights? What can the builder be made to do to make sure I get what I have paid for? To explain this process it may be best to propose a simplified scenario with very simplified legal provisions. Please note that the information below is a typical scenario and to keep the scenario simple not all legal avenues are explored.

For the example Lets say John engages a builder to construction a new home. 

In the beginning..

The start of the business relationship begins when John signs the contract. This is known as acceptance of an offer. The builder has offered to build the home for a certain amount of $$$ and John accepts the terms which includes the price, addenda, plans etc.... At this point John is protected (amongst other laws) by Contract Law. In Australia there are provisions within contract law to protect John from such things as signing away his legislative rights such as agreeing to a lesser minimum defects liability period. The contract also provides the basis for the rights, obligations and duties between John and his builder. Most home building contracts are HIA Lump Sum Building Contracts which have already been proven legally and should be considered to be relatively fair to both parties. Some contracts may be verbal, an email or may be written on a scrap of paper. All contracts should be shown or discussed with your lawyer to ensure that you understand what you are signing and that are not agreeing to a contract which may be to your detriment later.

Building Inspections and the law

An independent inspection should be undertaken at or prior to PCI or handover to ensure that you have gotten what you paid for and that there are no outstanding items to be completed. At this stage if defective work is discovered it will likely fall under one of three categories:

1. Work which has not been completed in a proper and proficient manner.

2. Work which has not been undertaken in accordance with the Building Code of Australia of N.C.C.

3. Contractual disputes.

There are provisions within civil law which ensures that you are protected as a consumer, as a contract holder and as a home owner for all three.

Defective building work

All home building work must be completed in accordance with accepted industry practice, the Building Code of Australia and other legislative requirements. Work which is not completed in accordance with these laws, standards and codes is considered defective and you are entitled to seek a remedy from the builder. To rectify defective building work it is highly recommended that you first seek an expert witness report for a registered building services provider. This report can be used at the Building Commission, State Administrative Tribunal or local court to seek a remedy.

A remedy is an order to rectify or compensate the person who has been negatively affected by defective building work. 

To order a remedy an adjudicator (such as at a tribunal or court) must first know (if defective) what the defect is, why is it important, what is the industry accepted method of installing the product and what type of remedy are you seeking. A thorough expert witness report should include all this information as a minimum. Failure to do so may mean that you are not able to proceed with your case - as there will be insufficient evidence for an adjudicator to make a decision. 

The Building Code of Australia performance requirement are a legislative requirement which must be complied with. Courts and tribunals have the power to order rectification work under the provisions of the Building Act and Building Regulations Act for non-compliant building work.

Australian Standards not included within the Building Code of Australia exist to set the benchmark for an accepted industry standard. Failure to comply with this standard indicates that your builder has not undertaken the work in accordance with accepted industry practice. There are provisions within the Competition and Consumer Act which enable breaches of Australian Standards to be recognised as defective building work, therefore protecting you as a consumer.

Posted by: AT 06:57 pm   |  Permalink   |  Email
Friday, August 28 2015

Depending on your proximity to bushland the bush fire attack level (BAL) of your home may require you to have certain building components installed and the residence constructed to prevent ember attack and the like. The different BAL ratings start at none (there is no increased risk of bush fire attack and end at FZ (the residence is within a fire zone) The cost of building can significantly increase depending on which provisions need to be adopted, given the closeness of the building to bush.

The provisions for a residence in a moderate fire rating (say BAL 19) may extend to having non combustible doors and window frames (for example aluminium or steel in lieu of timber) or the provision of fire shutters to all wall openings.

Regardless of the BAL rating the intention is to close all gaps and reduce the flamability of building components around the home-creating less chance that fire or embers can enter the home or roof space during a bush fire. The sealing of eaves, draft seals below doors, nylon weephole covers, gauze covered vents etc.. are just some examples.

Posted by: SHS Admin AT 05:45 pm   |  Permalink   |  Email
Friday, August 28 2015

Weepholes- What are they?

Weepholes are small openings which allow moisture to escape from building compoents. Windows have weepholes to allow moiture caught in the channels to escape and brick walls need weepholes to allow moisture to escape to. Moisture from condensation, changes in heat (dew point) water entering around frames, water entering from the roof covering above (such as overflowing gutters) and much more.

Weepholes are needed when it is neccessary to drain moiture through or away from brick cavity construction.

In brick walls the weepholes aqre located near a the base of the outer wall of brick veneer or masonry construction and at the top of wall openings (and sometimes bottom of wall openings) for ventilation and drainage purposes. Depending on the style of construction and BAL rating of the site weepholes can be a simple driled hole, a plastic or nylon sleeve, or a gap between brick purpends (between adjoining bricks).

Posted by: SHS Amin AT 05:35 pm   |  Permalink   |  Email

Time limits on complaints for Building Work.

There are essentailly two reasons why you would have a building complaint. They are:

  • You have been adversely affected by building work (this can be a builder you hired or even one that your neighbours have engaged).
  • You have a contract dispute.

As set out in the Building Services (complaint Resolution and Administration Act 2011

Building Services Complaint:

A building service complaint must be made within 6 years after the completion of the regulated building service to which the complaint relates. This means 6 years from Pratccial Completion. It is interesting to note that a Building Services complaint may be made by sebsequent owners for a period of 6 years after PCI.

An example of a Building Services complaint is if the neighbours engaged a builder to construct a new home and the stormwater drainage is affecting your property.

Another example is if you hired a builder to install some new windows and they have begun to crack within 6 years.

If the builder attends to fix something, you get another 6 years waranty 


A Breach of Contract:

You have 3 years to lodge a claim for a contract dispute.

An example may be that you requested a specific brand of tile and it was not installed or the builder did not finish the home building work on time.

0401 953 226

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