Pergola not approved by council

[Bazza]

Hi Guys,

We have put an offer on another IP, had the building and pest inspection which was OK and now waiting on finance approval.

But, there is a pergola off the master bedroom that is basically just a frame with no roof. I asked the agent and apparently it has been there for many years and a previous owner or the builder may have put it up and there is no council approval for the structure.

Is this a problem or should we just forget it?

Cheers,

Bazza

 

[Raddles]

HI there
I would think it may depend upon the size of the structure - as I know that our former council did require a development application and building approval depending upon the cost of the structure and its size.
I suppose the question is - would it worry you if Council requested it to be pulled down?
I know many people still purchase properties, knowing something does not have building approval and just wear it - it is normally reflected in the price for the property - as you normally can't advertise something as a feature if it doesn't have approval.
thanks

 

[MichaelW]

Is this a problem or should we just forget it?

Hi Bazza,

Personally, I'd just forget it. Worst case scenario: The council comes calling in a few years time and you have to knock it down. Big deal.

I actually think council will never come calling and you'll be able to keep it. There's a lot worse non-approved additions out there than a few bits of wood off a back room.

Cheers,
Michael

 

[Rockstar]

Councils generally don't go around policing these things unless they get a complaint from a neighbour. If it is in good condition then I wouldn't be worried about it.

 

[Gravos]

I work as a lawyer in this area (town planning) and I agree it would be very unusual for such a matter to be brought to a Council's attention - Council's enforcement is typically complaint initiated and if it doesn't affect a neighbour then it is very unlikely to be an issue. In any case it is a very minor structure that wouldn't affect the structural integrity of the house which is the main thing

Over here (in WA) even if you've built a structure without a building licence and the Council does issue a notice it is usually resolved by appeal to the State Administrative Tribunal where the notice is usually set aside (presuming it is structurally sound) and the structure effectively retrospectively approved.

cheers

Gravos

 

[LynnH]

Bazza

Our local council has (used to have?) an amnesty period from time to time, where property owners could get council approval for structures that already existed upon payment of the usual fees. (Clever thinking, since the council probably wouldn't know that most of such structures existed - a win/win: owners get approval, council gets money it otherwise would not have received! )

Assuming the property is in Queensland, would such a scheme exist with the local council in that area? It might be worth a few discreet enquiries.

Cheers
LynnH

 

[Bazza]

Thanks Guys,

It turns out the structure was put up by the builder so it may well have been on the original house plan.

I work as a lawyer in this area (town planning) and I agree it would be very unusual for such a matter to be brought to a Council's attention - Council's enforcement is typically complaint initiated and if it doesn't affect a neighbour then it is very unlikely to be an issue. In any case it is a very minor structure that wouldn't affect the structural integrity of the house which is the main thing

Gravos, what I was actually worried about was if for instance a beam fell and hit a tenant on the head - how would we go with insurance if the pergola is not approved?

Cheers,

Bazza

 

[Mamaof3]

i know there's an insurance product out there for things just like this....can't think of the company's name for the life of me right now but basically buyers can take out this insurance if they're buying a house with a structure that isn't council approved....and if council ever find out or get nasty and make the owner remove/fix/rebuild then the insurance company would pay out the cost to do this. It also covers other great things most other insurance companies wouldn't touch and the premium is fairly reasonable too....in the range of normal home/contents insurance.

you could take this type of insurance out if it really bothers you.

good luck

 

[Peter Parker]

But, there is a pergola off the master bedroom that is basically just a frame with no roof. I asked the agent and apparently it has been there for many years and a previous owner or the builder may have put it up and there is no council approval for the structure.

Is this a problem or should we just forget it?

Maybe it doesn't have an approval because it doesn't need one.

In one area I researched (Kingston, Melbourne), a pergola without a roof doesn't need approval. But add a roof and it might.

Peter

 

[Boof]

i know there's an insurance product out there for things just like this....can't think of the company's name for the life of me right now but basically buyers can take out this insurance if they're buying a house with a structure that isn't council approved....and if council ever find out or get nasty and make the owner remove/fix/rebuild then the insurance company would pay out the cost to do this. It also covers other great things most other insurance companies wouldn't touch and the premium is fairly reasonable too....in the range of normal home/contents insurance.

Dose any one know of this type of insurace?

 

[units4me]

I thought that a pergola without a roof doesn't need a permit, while a pergola with a roof does.

 

[Raddles]

HI there
you do need to check with your council about whether the roof for a pergola needs approval.
I note that where we are - it is possible to roof a pergola without approval provided the size is under their prescribed limits.
In our case - building plans showed the pergolas had approval - we did talk to council about roofing one of the pergolas and were advised about the size restriction - and found we could roof it because of the size.
If you do have a roof over a pergola, it is necessary to think about drainage and what to do with the water - as it can affect other aspects of the building and surrounds if you don't.
thanks

 

[Gravos]

Yes - whether approval is required for a pergola will vary from Council to Council in the wonderfully diverse landscape of local government law! I actually just built one (without a roof) on our place and was amazed that I had to get planning approval and a building licence for such a simple structure (and people wonder why there's a backlog!)

As for public liability - perhaps the best thing is to check with your insurers and see if it would be covered. If not you could try and obtain the alternative cover others have referred to. But like someone else suggested you may be assuming its illegal when it isn't - so you may want to consider checking your Council guidelines in this respect

cheers

 

[Peter_Tersteeg]

Many pergolas don't have roofs as their intended as a structure for creeping plants to decorate. In many cases council approval is not required for these.

 

[redwing]

Maybe it doesn't have an approval because it doesn't need one.

In one area I researched (Kingston, Melbourne), a pergola without a roof doesn't need approval. But add a roof and it might.

Peter

same, same, over here I found If it does have sheeting, take it down and its okay

As far as problems, one of the guys I worked with had an unapproved pergola structure and a few years back when some nasty storms came through Perth the pergola was ripped out by the wind and thrown into the neighbours fence, it also damaged his roof in the process...his Insurance company wouldn't wear the cost to repair