Using Your Own Building Inspector
I frequently hear of people being told by their Builder “You can’t use your own Building Inspector!”
If your builder says that, he is trying to Con You! ……or Breaking The Law!
Here is an explanation based on my last House Contract (HIA Standard Contract) . . . . . .
The builder does have ‘Control’ of the site see; Contracts – Site Possession.
But one of the contract clauses states . . . . . . “The OWNER or an authorised officer of the LENDING BODY is entitled after giving the BUILDER reasonable prior notice, to go on the LAND to inspect the BUILDING WORKS at reasonable times provided that such inspection does not delay or interfere with the progress of the BUILDING WORKS.”
A key element in the above clause is the word OWNER so lets look at how the contract defines OWNER . . . .
‘OWNER‘ means the person, partnership, or company named in the Particulars of the Contract and whenever appearing in this Contract includes their AGENTS, executors and administrators.
This means you can appoint anyone you want to act as your AGENT in the matter of inspecting the works.
Don’t ask, write a formal letter to your Builder informing them that you have appointed a Building Inspector as your Agent.
If you find the builder has put in a clause in the contract saying you can’t use your own building inspector this is illegal. You can have that clause struck out. (see this link: Unfair Contract Terms)
To find out about inspecting a new house see