The Forum > General Discussion > House insulation fires - Why no action?
House insulation fires - Why no action?
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Superficially it might appear that way. Why is it though that a builder is under no obligation whatsoever to meet as an absolute minimum standard the (less-than-onerous) BCA - Building Code of Australia?
"The Building Code of Australia is produced and maintained by the ABCB on behalf of the Australian Government and State and Territory Governments. The BCA has been given the status of building regulations by all States and Territories."
http://www.aib.org.au/buildingcodes/bca.htm
Why is it that a homeowner is obliged under the HIA and Master Builders home building contracts and by available contract law to pay in full for practical completion of a house where there is evidence that the building is seriously deficient when compared with the Building Code and the recommendations of the relevant State building standards authority? Examples could be (in addition to those provided earlier): a damp course with drain holes either completely blocked or below the surface of the landscaping; and balustrade anchored to a compressed fibre cement sheet floor (ie not to flooring joists)?
The public is being hoodwinked into believing that there is a certain approved acceptable standard of building that must be attained and that regulators are active and proactive in enforcing those standards. However nothing could be further from the truth - a poor builder can do whatever he wishes and the onus is on the homeowner not only to cite and prove damage as a result of poor building practices, but in so doing to invoke and defend building standards. The onus of proof is always on the home-owner even though he has photographic proof and professional inspection during construction that clearly identified sub-standard work.
As for electrical trades the same problem occurs.