Aussie family fights for compensation for 10 years after their Yanchep dream home starts to sink
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An Australian family has been waging a 10-year battle for compensation after their dream home began to fall apart.
Karen and Chris Mettimano bought a house in the coastal suburb of Yanchep, south of Perth, Western Australia, in 2011.
Shortly after the purchase, her dream home on the Ocean Lagoon Estate began to warp and warp, sinking into the ground.
The family home is riddled with flaws, including a wall in a room that hangs from the ceiling, with a whole hand that can fit into the gap between the wall and the floor.
The windows in the house no longer open or close properly and when a marble is placed in the middle of a room it quickly rolls to the side.
The home of Karen and Chris Mettimano (pictured) in the coastal suburb of Yanchep, south of Perth, Western Australia, is sinking into the ground
The family of four is seeking compensation from the state government and claiming no-fault sinkhole damages.
Ms Mettimano told Daily Mail Australia it has been a very “long and harrowing” roller coaster as they have fought for compensation for the past 10 years.
“We have tried to be as patient as possible over the last two years while the government has been concerned about covid, although unfortunately our house continues to sink,” he said.
“We need to find a solution before our housing becomes less and less unstable and our security is more at risk.”
Ms Mettimano explained in a letter to the State Government that she and her husband contacted the builder after ‘significant’ cracks began to appear in the house in 2013.
Since 2013, the couple have been in contact with all the people and organizations involved in the construction, including the home insurer, the City of Wanneroo, specialists, engineers, builder Scott Park Homes and land developer Peet.
Ms Mettimano said the couple have lost count of the number of meetings, emails and phone calls they have had with the council, the State Building Commission and members of local government.
‘[We’ve organised] multiple building inspections, structural and geotechnical reports, all paid for by ourselves,’ he said.
‘Twelve months of legal advice to the point where we couldn’t go any further financially or emotionally.’
Ocean Lagoon Estate’s dream home began to twist, warp and crack in 2013, two years after the family moved in (pictured, a crack in the ceiling and wall)
The house, which is located on the Ocean Lagoon Estate, is sinking into the ground (pictured) as it was built on karst rocks. Loose soil dissolves from groundwater causing the house and retaining wall to collapse (pictured)
After almost 10 years of investigation, the Mettimano family discovered that the structural defects in the house were due to a loss of compaction of the foundation material under the house and the retaining wall.
The house was built in an area known for underground caves and sinkholes.
Geotechnical reports showed that the house was built on karst rocks, which dissolved from groundwater and caused the house and retaining wall to subside.
Since the 1960s, cave expert Lex Bastian has extensively studied the karst soil and sinkholes of the Yanchep area and in 2003, two years before Mettimano’s house was built, Geoscience Australia reported on the area’s underlying problems. .
However, the builder, developer, council and the Western Australian Planning Commission (WAPC) claim they have complied with all legal obligations.
The Department of Planning, Land and Heritage, which represents the WA Planning Commission, said local government was responsible for approving land and developments.
“Land preparation for development, including compaction, grading, stabilization, backfilling and drainage, is not the responsibility of WAPC,” the Department of Planning, Land and Heritage said in a statement.
Ms Mettimano said her family (pictured) still lives in the house, despite constantly moving, and they have put their lives on hold for nearly a decade as they fight for compensation.
“In this sense, local governments are in charge of approving the works to prepare land for subdivision and urbanization.”
The frustrated family was told in a letter sent by the city of Wanneroo that the matter had been adequately addressed by the planning department and did not require any further “additional processing”.
Builders, developers, the council and the Western Australian Planning Commission say they complied with all legal obligations with site inspections and tests (pictured, massive crack in wall of house)
‘The city for its part must follow the legislation and policy established by the State in these matters both for the subdivision and for the construction of houses through the Department of Planning, Lands and Patrimony and the Department of Commerce respectively.
“The city is not in a position to require additional processes or information beyond those agencies’ requirements.”
Ms Mettimano argued that the state government needs rigorous guidelines to ensure that developments go through sufficient and thorough testing and do not put future homeowners at risk.
“At the land development stage, the developer and engineers should have carried out extensive investigations given the geological risks of loose soils deep in the site area,” Ms Mettimano said.
‘It appears that WAPC did not have these guidelines and therefore proper testing was not completed at the time of development.
‘Had this been done, these issues would have been rectified at that time and not become a ‘latent defect’. ‘
A gap in the exterior wall has been widened so much that the couple can fit their entire hand between the brick and the foundation (pictured)
Ms. Mettimano said the protracted battle over compensation has taken an emotional and financial toll on her family.
“It has been extremely stressful and exhausting for our family through no fault of our own,” Ms Mettimano said.
“We just want to get on with our lives and enjoy our family, without this burden.”
She claims that two houses in Secret Harbor, one in Mount Lawley and properties in Mullaloo were affected by loose soil and all owners received ex-gratia payments from the state government.
Western Australian Trade Minister Sue Ellery is looking into the circumstances of the families and will decide whether or not they receive compensation.