Should a permit be required for a deck?

[lamp]

Currently looking into this unit, which has a deck built at the backyard. Not sure about the exact measurement of the decking area, but think roughly less than 10m square and height is less than 500mm.

My laywer who reviewed the section 32/plan advice that I should ask the vendor if they have a permit for the deck.

I called the council today but not quite understand what the staff was saying, he mentioned something about building surveyor....

My question is, is a permit or some sort is required? What if the vendor built it on his own, taking into consideration of the size of the deck mentioned above, would I be safe to just make an offer without worrying that the deck breached any construction rules? Any advice is appreciated.

Thanks

 

[Aaron_C]

Usually a building permit will be required but if it is more than 10 years ago it won't show up in the section 32.

 

[lamp]

Thanks Aaron! I am still waiting to see if the agent will get back to me with the details. I think the lawyer also checked the ad from the website too thats why she noticed that there is a deck.

The deck looks very new and the current owner I think owned this property for only slightly more than 1 year (another question I posted in another thread regarding whether I should be worried about the ownership of this unit by the current owner is less than 1.5 year).

 

[Ace in the Hole]

I'd guess a deck up to 20 sqm would fall under exempt development with most councils, provided they comply with certain guidelines.

Not sure how that works with units though?
It may have to be recorded and approved by body corporate?

 

[lamp]

Thanks Ace in the Hole

 

[Ausprop]

I did it in one council and was told no permit was required as it was considered landscaping due to its height??

 

[depreciator]

The people who own this deck who in Sydney would be hoping they have one.

http://www.smh.com.au/nsw/lucky-esc...collapse-at-family-dinner-20130228-2f70j.html

 

[nathank]

I guess, it depends what you're looking for. If you're looking for structural integrity, pay a private certifer or your building inspector to look at it and explicitly list it in their report.

You may not be able to find it because it might be exempt under SEPP in NSW

http://www.legislation.nsw.gov.au/maintop/view/inforce/epi+572+2008+cd+0+N

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008

Subdivision 6 Balconies, decks, patios, pergolas, terraces and verandahs

2.11 Specified development

The construction or installation of a balcony, deck, patio, pergola, terrace or verandah (whether free standing or attached to the ground floor level of a building, or roofed or unroofed) is development specified for this code if it is not constructed or installed on or in a heritage item or a draft heritage item or on land in a foreshore area.

2.12 Development standards

The standards specified for that development are that the development must:

(a) be for domestic purposes only, and

(b) have an area of not more than 25m2, and

(c) not cause the total floor area of all such structures on the lot to be more than:

(i) for a lot larger than 300m2—15% of the ground floor area of the dwelling on the lot, or

(ii) for a lot 300m2 or less—25m2, and

(d) not have an enclosing wall higher than 1.4m, and

(e) be located behind the building line of any road frontage, and

(f) be located at least 900mm from each lot boundary, and

(g) (Repealed)

(h) to the extent it is comprised of metal components—be constructed of low reflective, factory pre-coloured materials, and

(i) have a floor height not more than 1m above ground level (existing), and

(j) if it is a roofed structure attached to a dwelling—not extend above the roof gutter line of the dwelling, and

(j1) be no higher than 3m at its highest point above ground level (existing), and

(k) if it is connected to a fascia—be connected in accordance with a professional engineer’s specifications, and

(l) be constructed or installed so that any roofwater is disposed of into an existing stormwater drainage system, and

(m) not interfere with the functioning of existing drainage fixtures or flow paths, and

(n) if it is located on bush fire prone land and is less than 5m from a dwelling—be constructed of non-combustible material, and

(o) if it is constructed or installed in a heritage conservation area or a draft heritage conservation area—be located behind the building line of any road frontage.

 

[lamp]

Thanks all for the advise and info