Failings of (former) c0uncil inspecti0n

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8 years 5 months ago #36872 by max2
We recently applied for our code of compliance and our inspector re-assessed all original inspections on our property.

The outcome is that some of the original approved inspections by our former district council are deemed extremely inadequate, and our ''new'' council states they will not accept any liability from the former council's inspector who is still employed today by them, but who do not cover our area anymore. Our inspector advised our situation is not the first and why they insisted on undertaking an inspection....

Any thoughts as to where we stand? We weren't in the country when this was undertaken on our rebuild. (original tenanted house burnt down) and thus insurance rebuild with various flick ups along the way. Original contractor (appointed by insurance company) sacked after he failed to meet building regs in other aspects. No hope of receiving any financial comp there.

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8 years 5 months ago #479826 by spark
Hi max2,

I am not a lawyer, and I am not your lawyer, and this is not legal advice :D

What did your insurance policy say?
Did your insurance company have to supply you with a new home, or merely pay you for a new home? (the fact that they chose the builder makes me suspect that the insurance contract was to supply you with a new home and not just a cash payment).

If your insurer was obliged to provide you with a new home, and the new home that they had built for you is not up to scratch (ie can't get code of compliance), then I'd expect that you would have some sort of come back on your insurance company. Legally speaking, I image that you'd be asking for "specific performance" - an order that they fulfill their contractual obligation to provide you with a replacement home of satisfactory quality. Also the Consumer Guarantees Act may also be relevant "Goods must be fit for the purpose for which they were supplied" (does a domestic dwelling used as a rental house count as "business use" for the purposes of the CGA? - goods supplied for business use are generally exempt from the CGA).

Good luck!

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8 years 5 months ago #479832 by arnie.m
Several thing come to mind, get a lawyer, just initial advice would do and scare them, Campbell Live comes to mind, he loves getting facts out of councils. Do you know a friendly builder. Once they know you are going to all these plus Fair Go they will change their stance. I succeeded in being part of the sacking of an inspector. Hang in there, but be prepared to keep niggling away, they have a habit of thinking you will give up. Don't Cheers.

arnie
88 Valley
Nelson

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