The Hidden Cost of Melbourne's Heritage Building Damage
Melbourne’s Victorian terraces are iconic. From Carlton to South Melbourne, they bring character to our city.
BUT behind many restored facades lies a growing problem that receives less attention than it should.
Building Damage.
There has been very little media focus on such a significant issue. A relevant article is attached which tells more of this story which I see on a regular basis.
That is, deteriorating heritage buildings, water ingress, cracks, failing masonry and ageing structures which should be of concern every to each owner AND neighbour as many become disputes from:
- nuisance claims;
- water act claims;
- protections works notices issued for new building works.
The latter seem an innocuous step, but with old buildings, the modern process of constructing multiple storey building which underground carparks can be particularly detrimental to ageing buildings nearby.
Many of these buildings are now well over 100 years old!
Whilst all home insurance policies have a variety of exclusions to combat this, from maintenance exclusions to movement exclusions - the point is this meant to be uninsured loss under your own policy.
However, there are many forms of liability insurance held by others that can fund recovery.
As a lawyer practising almost exclusively in property damage disputes, I regularly see owners who discover the problem years after it first began.
The legal issue is:
- What caused the damage?
- Who caused the damage?
- Are they financial or do they have liability insurance to fund the repair?
Too often property owners spend months, and sometimes years, focusing on builders, engineers and contractors without properly investigating liability.
In many cases the damage can be traced to neighbouring works, defective construction, water escape, tree roots, drainage failures, excavation, inadequate maintenance or defects within common property.
The difference between a mega repair bill and a successful recovery often comes down to understanding causation at a forensic level.
Property damage cases are rarely simple. There are usually multiple contributing factors. The challenge is identifying the proximate cause and gathering the evidence.
At BU Lawyers our specialist legal advice is all about investigation and recovery.
Whether the property is a Victorian terrace in Carlton, an apartment in Melbourne’s east, a commercial building or a family home, the principles are the same.
Damage should not automatically become the owner’s financial burden simply because it appears on your land.
Before accepting responsibility - investigate the cause!
And before the limitation period expires - obtain advice!
This article is a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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