Council dilapidation report service

Dilapidation report general information

A dilapidation report is a report on the condition of a property at a given point in time. It records the existing conditions and any existing damage – providing a baseline record of the state of the property that may be affected by construction, excavation or demolition. Usually the main components of a dilapidation report are a set of dated photographs of building(s) or other items of interest on the property and a description of existing conditions. Dilapidation reports are prepared to potentially assist property owners and construction contractors with the consideration of damages claims. Without a report, claims can still be made, but it would likely be more difficult and costly to establish a case.

Whilst dilapidation reports provide some assistance in the event of a claim, they do not (and cannot) provide conclusive evidence that development works are the cause of the damage – expert reports are also usually needed. The dilapidation report is only one of several pieces of evidence that would be used to verify a claim.

Current practice is for WestConnex Joint Venture (JV) contractors (the Proponent) to issue a notice to property owners located up to 50 metres around work sites and 50 metres either side of tunnel corridors with an offer of a pre- and post-development dilapidation report at no cost to the property owner. The Proponent issues three (3) notices of offer to all affected property owners pre‑construction, seeking to maximise the number of owners who take up the offer. A similar process is undertaken post-construction.

If/when the offer is taken up by property owners, the Proponent commissions and pays for a consultant to undertake the reporting. Qualified and experienced dilapidation consultant(s) are appointed by the Proponent by competitive tender to undertake the reporting.

More information on the specific conditions which relate to the dilapidation reporting requirements contained within the Planning and Environment approval for this critical State significant infrastructure can be found in the following document (Building Condition Survey, parts E105 to E109):

Council's dilapidation report service

Council is offering to those property owners who are affected by Stage 3 of the M4-M5 link project a dilapidation report prior to the commencement of works – see 'Who is eligible to use Council's Service?'.

Disclaimers

  1. The Customer acknowledges that the Council has no expertise in the provision of dilapidation surveys (hereinafter referred to as Survey).
  2. Save to the extent mandated by law, the Council makes no warranty as to the accuracy or utility of any Survey provided. In particular, the Council makes no warranty that the Survey will be capable of being used in any claim for loss or damage from an entity associated with construction of the WestConnex project.
  3. The Survey has been prepared based on visual observations only by the Council at the time of conducting the Survey. In some circumstances, the performance of the Survey may have been limited by a range of factors such as time, access or operational constraints.
  4. In preparing the Survey, Council may have relied upon certain information (including verbal information) provided by the Customer and the Council did not attempt to independently verify the accuracy or completeness of that information. Expressly, the Survey did not include any assessment of the title to nor ownership of the surveyed property. The Council will not be liable to update or revise the Survey to take into account any events or emergent circumstances or facts occurring or becoming apparent after the date of the Survey.
  5. The Survey has been prepared for the benefit of the Customer only and no other party. The Council assumes no responsibility and will not be liable to any other person, including any successor in title, for any matters in relation to the Survey.
  6. Save to the extent mandated by law, the Customer releases the Council from liability in whatever form it may arise with respect to the provision and use of the Survey. For the sake of clarity, this release extends to liability arising from the negligent act or omission of Council or its employees.

Who is eligible to use Council's Service?

  • Only those properties identified by the Proponent as being affected by Stage 3 of the M4-M5 link project.
  • The identified properties must take up the Proponent's offer of a dilapidation report and have received the report.
  • Works must not have commenced in the area around the identified property.
  • Sufficient time is available to undertake the property inspection prior to works commencing.

How do I engage Council's Service?

You can engage or discuss Council's dilapidation report service by contacting Simon Grierson on 02 9335 2257 or by email at simon.grierson@innerwest.nsw.gov.au

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Page last updated: 21 Nov 2018