The Building Practitioners Board has found a building designer negligent for designing a building layout on a subdivision section where there was no legal access to a right of way.

The right of way serviced most of the subdivision sections, but not the land which the design was for.

This lack of legal access was not picked up by the designer.  He relied on work done by the developer and assumed the section had legal access to the right of way.  A surveyor and town planner both also missed the lack of legal access.

The Board decided that, although the designer was negligent, it was not of sufficient seriousness to need a disciplinary finding.  This was because several professionals had missed the issue.

 

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