Water Leaking apartment and taking it further (VCAT, VBA)

defro on 24/10/2022 - 12:28

Hi all,

I purchased an apartment about a year ago, everything seemed fine when I purchased it and it's still under builders warranty.

A few months back I noticed some water damage on the plaster on the wall behind my bathroom/shower.

At first I thought it was a minor issue and the builders being builders tried to play it off with ludicrous statements trying to absolve any responsibility like when you mop, do you allow it dry? Other issues popped up and they tried to palm it off as "apartments are prone to moisture".

The issues have caused a fair bit of damage however there solution to the issue is just to redo the grouting whereas, the issue is the waterproofing in the bathroom, in the balcony was not waterproofed at all or it's faulty.

I've gotten a 3rd party report backing up everything above and pointing out multiple things that are faulty and not done via building regulations in VIC and the builder doesn't want to fess up.

Basically… The bathroom, the balcony, the balcony upstairs (other apartment) needs to be re done and waterproofed.

I'm wondering if anyone has gone through this process and have any advice.

The steps I'm going to take are:

  1. File a complaint through the VBA on faulty building not done as per regulation.
  2. Get a VCAT building report, detailing damage and costing to resolve such issues.
  3. Lodge a claim through Domestic Building Dispute Resolution Victoria.
  4. Once above fails which my understanding is it usually does, take this to VCAT against the builder.

It also appears like the apartment complex of about 20 or so apartments is riddled with similar issues. I would not be surprised if the waterproofing was faulty in all balconies and bathrooms of each apartment, it's just some have come to light some have not.

Any help any one could offer is appreciated as this situation is a pretty crappy one and my understanding, often works in the builders favor which is really concerning as it seems the building quality here is abysmal.

Thanks.

Home & Garden

Comments

  • Muzeeb on 24/10/2022 - 12:33

    I've gotten a 3rd party report backing up everything above and pointing out multiple things that are faulty and not done via building regulations in VIC

    Is this person qualified and registered?
    If yes, then I would proceed as you planned.

    • defro on 24/10/2022 - 13:22

      Yes fully registered/qualified.
      Provides evidence of each regulation that has been breached and details it very clearly.

  • Jimothy Wongingtons on 24/10/2022 - 12:46
    +1

    I would not be surprised if the waterproofing was faulty in all balconies and bathrooms of each apartment,

    This is actually disturbingly common I've now realised.

    My SIL had the same issue in her townhouse complex, it is actually legit insane how many hours, phone calls, emails, threats of legal action it took to get it fixed initially… only to have the fault come back! Honestly the people in that complex need to band together as it seems everyone in that row of townhouses has same issue, unfortunately many of them do not speak English well…. so organizing such a thing would add another layer of complexity.

    My ex workmate had same issue too but that builder actually remedied the problem for all affected people in the complex.

    • defro on 24/10/2022 - 13:10

      This would be ideal and I will try to make it happen but as you say it's difficult.

  • AndyC1 on 24/10/2022 - 13:01
    +1

    Check the following thread out as it's very similar and it's recent:
    https://www.ozbargain.com.au/node/719166?page=1#comment-1256…

    • defro on 24/10/2022 - 13:09

      Thanks mate, I actually posted in this thread before.

      Mine is more at the conclusion of going to VCAT/VBA. cheers.

  • Porker on 24/10/2022 - 13:30

    A win at VCAT doesn't automatically mean the issue will get fixed. Eg. If they say builder has to fix or you (OP) fix and builder pays, the builder may not fix or pay. At that point you'll be going to Magistrate's Court to enforce the VCAT ruling.

    Might be worth checking with the owners corporation or seeing if other owners have the same issue. I have an investment apartment and the building (not apartment) has issues such that through the building manager, we're collectively suing the building owner/builder. Legal bill has racked up to about $120,000. But I think issue was passed around a bit even involving the Building Surveyor, which may also be something relevant to your case. Ie. Builder may have not done a stellar job, but the building surveyor may have also missed it or ignored it or indeed been the one to approve the works etc.

    • defro on 24/10/2022 - 13:45

      That's pretty rough.

      How many people in the apartment complex?

  • pharkurnell on 24/10/2022 - 13:51
    +5

    Don't buy anything under 30yrs old… modern "quality" seems to be pure shit…
    Mate had a house build by a 'reputable' company in shitney, and the plumbing in the ground didnt line up with that inside the house… the down pipes didnt meet the drain in the ground..
    Last i heard he still wasnt allowed to move in - no certificate of occupancy I think it was

    • derrida derider on 24/10/2022 - 14:58
      +3

      Ancient "quality" was pure shit too - in fact probably worse as building standards and consumer protection both lower and the industry was even more corrupt than now, with payoffs everywhere.

      The difference is crap buildings over 30 years old have either been torn down or fixed several times over by now. We get a very selective view of how well old structures of all kinds were built because the only ones still standing were the minority that were built well.

    • netjock on 24/10/2022 - 16:57
      +2

      modern "quality" seems to be pure shit

      Modern workmanship is s**t. Tradies seems to think they don't get out of bed for less than $1k a day rather than lets see if you did quality of work worth $1k at the end of the day.

      Anything that is built during a building boom I wouldn't touch (over priced and corners cut).

  • Ocker on 24/10/2022 - 13:53
    +4

    The damage you see may only be the tip of the iceberg

  • Chong on 24/10/2022 - 15:21
    +1

    It also appears like the apartment complex of about 20 or so apartments is riddled with similar issues.

    do you mean all the apartments in the complex? or only 20 or so apartments in the complex has them?

    If it is a large majority, surely the owner corp should act as one entity and demand rectification work. Clearly shows its poor workmanship and not a once off or occupier/owner caused issue.

  • techno2000 on 24/10/2022 - 17:02

    My investment property got a crack in the shower floor.Due to inadequate waterproofing the water went everywhere underneath.

    I basically had to do almost a new bathroom after ripping out most of the tiles shower etc..Cost me $12000
    To add insult to injury, I cant even claim a part of it back on my tax outright as apparently its not considered a repair but a renovation.
    So i get 1/3rd back in dribbles over a decade.

    Had enough of real estate……….

    • Porker on 24/10/2022 - 19:05
      +2

      ^^^ This.. I too sold during the back end of last year and got a good price. Have since invested in shares and life is a lot easier

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