Before selling a property, it is a requirement, under Section 137B of the Building Act 1993 for an owner builder to have a report on any building works carried out on the property regardless of whether or not a Building Permit has been issued, before entering into a contract of sale. Kukulka Consultants carry out the necessary building inspections and prepare a type written report that is required in the Section 32.

• An Owner Builder is someone who has carried out building works, such as, renovated or built their home, a garage, shed or pool (on their own land) without a registered builder or the owners have been noted on the Building Permit as the builder.
• The Owner Builder Report includes all building work carried out by the Owner Builder within the previous 6 ½ years. (Refer: - Building Act, authorized Version No. 084 1st January 2011).
• For any works with a current value over $16,000, an Owner Builder must obtain both the Owner Builder Report, as well as, Warranty Insurance for works carried out within 6 years of selling the property.
• The Owner Builder Report forms an essential part of the Section 32 documentation. The Building Inspection Report identifies defects, condition and status of incomplete works while also providing general comments and other relevant observations.
• A Prescribed Building Practitioner is required to carry out the necessary Building Inspection and reporting of the building for the Owner Builder. Nick Kukulka is a Prescribed Building Practitioner and has been carrying out these inspections since 1988.
• If the report is not provided in the section 32, penalties of up to $10,000 may be incurred and the contract of sale may be voidable up to the settlement date.

Forms & Links

AIBS Kukulka Consultants Listing

Consumer Affairs

www.legislation.vic.gov.au

www.vba.vic.gov .au

Owner Builder Sales Information (PDF)

Essential Safety Measure Reports determine the elements within your property that have been installed or constructed with their prime purpose of keeping you and your property safe. An essential safety measure is defined under the Building Regulations 2006 (the Regulations) as an item listed in Tables I1.1 to I1.11 of Volume One of the BCA.

• All non-residential buildings have Essential Safety Measures in them and the first step is to determine what they are, where they are located and what condition they are in.
• Our Essential Safety Measures Inspection will determine what is required and where they are to be located for you.
• Once our Essential Safety Measures Report has been prepared, we will issue a Consolidated List of Essential Safety Measures and a logbook that is applicable to your building. You can then carry out the ongoing maintenance and preparation of the annual report which records that all safety measures are that are maintained and operated as required by the Building Regulations.

The most common measures include:

• Emergency lifts and lighting
• Exit doors and exit signs 
• Emergency warning systems
• Fire detectors and alarm systems
• Fire extinguishers
• Sprinkler systems
• Fire hydrants
• Fire isolated stairs, passages ramps
• Fire rated materials
• Mechanical ventilation
• Paths of travel to exits
• Smoke alarms

Forms & Links

Maintaining Essential Safety Measures

Construction and building work that takes place in close proximity to another property can in some cases have adverse effects on the adjoining properties and buildings. An Existing Conditions Survey (as required by Part 7 of the Building Act, 1993) records the condition of the adjoining properties before construction commences.

• Our Existing Condition Report provides digital photographic record and relevant comments about the condition of the adjoining properties ideally before any building work has commenced nearby. This can act as a safeguard against possible future claims of fault caused by the construction during building works.
• Existing Conditions Reports may help avoid expensive and time consuming disputes between builders and adjoining owners by providing supportive documentation of the condition of the adjoining properties. The inspection covers both interior and exterior of the adjoining properties and will report on any cracks, deterioration or evidence of leaking.

Forms & Links

www.legislation.vic.gov.au

Detecting defects and errors in your newly completed building is difficult. Trying to get your builder to rectify them may be difficult and once you have made the final payment to the builder, it can become frustrating.

By having an independent expert assess the quality of building work of your new property, before final payment, you may be able to get the builder to rectify the defects before you take occupancy – thus reducing the inconvenience of rectification work being carried out at a later date.

We offer professional, independent Building Inspections; inspecting all readily visible areas of the building particularly areas of concern that you may have. A type written report will then be prepared for your records.

Forms & Links

No Links

The builder has to organize for mandatory inspections to be carried out by the Relevant Building Surveyor (RBS) who is responsible under the Building Act for the work. The RBS is a professional person, however, he only carries out a minimum number of inspections.

If you have concerns about any aspect of the builder’s work, we can carry out an independent building inspection at any time during the construction process and prepare a report for you. This will either highlight a particular problem or alleviate your concerns about the work.

• Building inspections are a preventative measure taken by many home owners to reduce the risk of potential damage to their property or any undesirable outcome at a later time. They identify areas that need to be fixed or replaced before they lead to future problems.
• These defects can also be rectified through sending the Building Inspection Report to builders or contracted workers whom are responsible for their rectification. Inspections can be carried out throughout the construction process from the excavation stage right through to completion of the property.

Forms & Links

www.legislation.vic.gov.au

www.aibs.com.au

Problems can occur at any time to a building. If you have a particular concern regarding your home or building, we can carry out an inspection in order to determine whether or not there is a defect and what needs to be done to rectify it. The report could also be used to forward to a third party, where relevant, for appropriate action (e.g. builder, contractor, insurance company, tenant etc.).

Forms & Links

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If you have received a Building Notice or Building Order we can assist you in resolving the matter with the Local Council by helping you meet the requirements of the Building Regulations. We will address your Building Notice or Building Order and report on how you can comply with the statutory requirements in a timely and cost efficient way.

Forms & Links

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Where a dispute arises over any building matter the parties that are involved may choose to take the matter to the Victorian Civil and Administrative Tribunal (VCAT) or another appropriate legal jurisdiction. We can provide you with the required professional and independent building reports that are prepared in accordance with the requirements of the relevant jurisdiction to assist you in mediation or legal proceedings.

Forms & Links

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