Owners forced to have illegal shed certified before having it demolished...

Someone we know bought a house, started preparing for a reno, cut down a tree etc. Clearly the neighbours noticed "something" was going in. They received a call from local council (Moreton Bay) to say the shed was asbestos and would need to be removed by a specialist. All good. That was what they were doing. Clearly a local had notified council... why not just rock up and ask the owners if they will be using a professional?

Next thing, before the shed can be removed, a council officer arrives on site and they happen to be there planning the renovation and get to speak with him. He tells them the shed was built without approval, and they must pay to have it certified before removing it :eek:. They paid something like $600 (at least that) to have the shed certified and then had it removed.

Why would a council do that?
 
I would have told the Council that it was pre 1975 and unless they can prove otherwise they can GGF. Additionally if they purchased the property and did a Council search I would be asking why wasn't this bought to my attention, I paid the search fee and Council has made a negligent misstatement and now I am suffering loss as a result of Council's negligence as well as a stress related disorder etc.

PS Do a Right to Informations search to see who ratted your friends out to the Council.
 
I would have said the council "sure no probs" (verbally).
Got the shed demolished then when they ask about it - say "what shed?".

Blacky
 
They paid something like $600 (at least that) to have the shed certified and then had it removed.
I don't see how a certifier can certify it? There's no way its going to comply with the current building code..
Additionally if they purchased the property and did a Council search I would be asking why wasn't this bought to my attention, I paid the search fee and Council has made a negligent misstatement and now I am suffering loss as a result of Council's negligence as well as a stress related disorder etc.
Is council always gong to pick up on additional structures? I'd be surprised if they do a google image/nearmap search during every property transaction.. I would have thought its the conveyancer's role to pick up on non-approved structures for the buyer?
 
The word used was "certify" but perhaps this was just the word used by the person telling me the story. No mention was made of having to have plans drawn so perhaps it was something else?

I know they paid. I know they are furious and ready to sell before they even start to renovate.

I've suggested they let the dust settle and hope this is the worst that will happen in what should be a straightforward renovation.
 
I thought if you refuse to pay to have something certified you just have to tear it down anyway?


Edit: also surely in this day and age there are laws against having something built in asbestos approved?
 
Could it have been an official inspection to ascertain the presence of asbestos and ensure it was correctly removed?

That would make more sense.
Marg
 
Could it have been an official inspection to ascertain the presence of asbestos and ensure it was correctly removed?

That would make more sense.
Marg

That certainly happened, but the council officer directed them to have it "certified" before it could be removed. When I learn more I will post it and I am thinking it must be some other fee. It cost $600+

It is annoying that a neighbour has gone to council rather than ask them if they will be using a specialist asbestos removalist.
 
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