Retaining wall by developer occupying my titled land

LGurung on 21/07/2016 - 12:08

I bought a land from AVJenning developer at Wollert and got builders to build my house. After signing contract and made all the initial payment with builders , they came to me saying that retaining wall have enroach some part of land and because of that builders cannot build my house. I was given option to flip my house design and relocate driveway cross over. I have to get permit from council which i am waiting for. I am not sure if council will approve it. If council approves it, it will cost a lot to relocate it and redoing building sketch.

Is developers allowed to use my land for retaining wall?
I call both my developer and builders and they are ignoring the problems and let on my own to deal with the situation.
My builders stated that in land contract engineering there is mentioned about retaing wall but does not mentioned the measurement of wall.

Being the regular ozbargain reader i hope i get some one to help me what step should i take. Please apology for my writing if any mistake. Thank you.

Home & Garden

Comments

  • spackbace on 21/07/2016 - 12:12

    Whoever drafted your designs should know the particulars about the block. They should also know about the Laws and Council Rules in place.

    Have you used 1 general company, or multiple to handle this?

    • Gurung on 21/07/2016 - 12:20

      Thank you for your reply

  • Gurung on 21/07/2016 - 12:18

    My builders found it when they did second soil test. I have chosen house design based on my land width as per builder opinion. If this was going to be issue then i would have chosen smaller house in my lot size. I have provided my land contract to builder before i signed the building contract.

    • spackbace on 21/07/2016 - 12:23

      Who did the house design?

      I am not sure if council will approve it.

      Again, the designer should know if if passes or not.

      I'm talking from someone who has a family member who's a draftsman for a top company. He knows the building codes inside and out. He would know instantly if a plan wouldn't pass council rules, and why.

  • Gurung on 21/07/2016 - 13:41

    Porter davis was my builder and i choose their hpuse design what fits in my land size

  • Gurung on 21/07/2016 - 13:44

    can builder refused to build after signing the contract? I have provided my land sales contract prior to signing it and made the payment.

    • blitz on 22/07/2016 - 00:13
      +2

      can builder refused to build after signing the contract?

      Have you read your contract? I don't think you have read your contract.

  • inherentchoice on 21/07/2016 - 13:50
    +1

    It was probably a condition of the development approval that the developer had to build retaining walls where the difference in terrain was more than a certain threshold.

  • Gurung on 21/07/2016 - 18:30

    Can developer use part of my land to build land retainer,? Am i not supposed to get the entire land i paid for.

    • dasher86 on 22/07/2016 - 06:59
      +3

      Speak to your conveyancer/ solicitor.

      • Gurung on 22/07/2016 - 23:23

        Thanks dasher,
        I am waiting from my conveyancer to get reply.

  • chumlee on 22/07/2016 - 07:10
    +3

    You need to read your contract. Ordinarily no but no one here can give you a definitive answer as we haven't read your contract of sale.

  • Gurung on 22/07/2016 - 23:26

    I checked my contract but could not find one. As per engineering there is retaining wall between my neighbour land and my land. However in the contract nothing mentioned about part of land will be used by retaining wall. My land in on the lower side.

    • chumlee on 23/07/2016 - 09:50
      +2

      Spend an hour or two with a property lawyer and discuss it. Maybe you can get compensation for costs involved in changing house design. You are spending hundreds of thousands of dollars on the property so spending a few hundred dollars on legal advise is worth it.

      • Gurung on 25/07/2016 - 12:05

        Thank you, i have contacted my conveyencer to deal with this issue.

Login or Join to leave a comment
Login Join