The Law Handbook 2024

566 Section 6: Houses, communities and the road Planning permits Planning permits are issued by the planning department of your local council. The relevant planning scheme that applies to your property will set out whether the proposed work requires a planning permit. For example, most dual occupancy projects require a planning permit. The planning scheme is concerned with the type of development proposed, its size, its effect on the amenity of neighbouring properties, its suitability for the area and other considerations concerning the nature of the proposed works. The planning permit process is not always straightforward. If neighbours object to the proposed works, it may be difficult to secure a permit for your project. A planning permit may impose conditions on the work and may require modifications to the proposed building design. It is important to ask your local council whether a planning permit is required before commencing any building work. Building permits Building permits are concerned with the structural and technical integrity of the proposed building and whether the work complies with all relevant legislation and regulations. Building permits ensure that your project produces a building that is safe, durable, energy efficient and healthy. Building permits are issued by a building surveyor. For assistance in selecting a building surveyor for your project, contact the VBA (for contact details, see ‘Where to get help’ at the end of this chapter). Building contracts What is in a building contract? There are normally three documents in building contracts: 1 The building contract . This is a legal document. It sets out the role, rights and responsibilities of the consumer and the builder. A number of standard form contracts are available. If you are unsure about which one is appropriate for your project, you should consult your lawyer. 2 The specification . This is a listing of the work to be carried out, the items to be supplied and installed by the builder and the manner in which certain work is to be undertaken. It is a technical document and you should consult the builder or an architect if you are unsure about its contents. 3 The drawings or plans . These are prepared by either a draftsperson or architect. Review them carefully to ensure that they detail the work in accordance with your intentions. Ensure they have been approved by the building surveyor and bear their stamp of approval. To avoid any later confusion, at contract signing time, request at least two copies of all contract documents and ensure you and the builder sign each page of each document. Contractual terms – all contracts The DBC Act contains provisions that apply to all contracts for domestic building work. It contains more onerous provisions that apply to contracts for major domestic building work, being contracts for domestic building work with a value of more than $10 000. This section deals with the provisions that apply to all domestic building contracts. Implied warranties Section 8 of the DBC Act implies in all contracts for domestic building work the following warranties: • the builder will carry out the work in a proper and workmanlike manner and in accordance with the plans and specifications set out in the contract; • the materials to be supplied by the builder will be good and suitable for the purpose for which they are used and, unless otherwise stated, those materials will be new; • the work will be carried out in accordance with, and will comply with, all laws and legal requirements; • the work will be carried out with reasonable care and skill and will be completed by the date specified by the contract; • the work will be suitable for occupation; and • if the contract states a particular purpose for the work, the work and the materials used will be reasonably fit for the purpose. These warranties are covered by home warranty insurance (see ‘Insurance’, below), which is supplied by the builder for works in excess of $16 000. Importantly, these warranties attach to the building and can be called upon by subsequent buyers of