unapproved very old room extention to garage sydney NSW OZ

[nacarrow]

Hello

I just joined this forum because I am looking for some advice. Please be nice

My parents bought a house in 1999 and they were told the previous owner built an extention on the garage which is an unapproved extention which was converted into a study room,the house and garage are not joined but where the garage and room meet there is giprock etc to seperate it.

There is only two power points , and a fluro light on the roof, no toilet or running water, no kitchen, has a big glass sliding door to enter and exit and on the side a big window. The roof height inside is 2.4 metres. Inside it looks brand new because I put new carpet and repainted the walls and put in new blinds. I have been living in it for 10 years and the laundry at back of main house has a toilet and shower which I use & when cooking I go into the main house.

The outside appearance to notice the extention is only noticeable by the roof being metal. Other than that it looks to be one whole long garage with the same materials used same old guttering & old wood panels that has paint that looks 50 years old and the paint is flaking just like the main house has the same old wood paneling and paint flaking. The house is atleast 50+ years old

The lounge area where tv and fridge is around 9metres and then a step up area where bed is 6metres. The extention from the outside looks the same age as the rest of the garage and the house. The back fence line to it is 1.2 metres and the side fence line is only 500mm inline with the rest of the garage. The concrete slab if you dig it up has a lead sheeting in it I guess to stop raising damp or similar. The structure is very well made and is not falling apart or anything.

I suspect that when they got council approval in the 60's to build the house and the garage they decided to add on a bit more to the garage.

I have read other posts that the council may not even have the records for the house anymore because it was so long ago and they can't do anything and even if it was a recent extention that after 7 years they can't do anything.

My question is if council found about it or a neighbor complained about it if they could do anything about it after all these years like make us knock it down or fine my parents ?

this is in the sutherland shire in sydney NSW


thankyou all for your advice..

 

[sprightly]

Hello,

Iam in the process of getting a unapproved structure approved by council.

Council has to be reasonable to ask you to knock it down. And the only way they will know is the neighbour or you notify them for some reason.

No need to stress becoz they won't come knocking at your door with no apparent reason.

As to your own safety and future benefit when you are selling, it will be good to get a structural engineer to have a look. They cost approx $200 to $300 for an inspection n certification against the building code if it is sound.

This will give u a piece of mind.

If u want to go further, u will need to put in a development proposal.

Quite costly.

Hope this helps

 

[travelbug]

Council can make you knock it down but wouldn't know about it normally.

Why not get someone out and see if it can be approved? The problem will be if they want to sell.

 

[brazen]

Hi Nacarow,

You're not breaching any fire-separation regulations since the garage extension is not a separate dwelling. The fact that's it's been many years (legally) means little but these facts tell me to just to leave it be and not worry too much about it:
1. Its way in the back yard away from public view
2. Its been there so long with no complaints
3. It's probably quite small? If 20 sq m or less its Exempt Development if officially a 'shed'.

Council's have poor records on exact measurements for existing structures. The garage extension is not supposed to be habitable though, especially if the wall height is less than 2.4 metres. This is a Building Code requirement for habitable spaces (excludes kitchens, bathrooms, laundries and hallways).

They'll still be able to sell it without dramas I think. The buyer could look at the records but they wont show much really. The fact that the previous owner extended the garage isnt a huge issue. Put it this way- it didn't stop your parents wanting the property did it...


Are you guys happy to leave it alone as long as noone says anything? If so, just ignore it.I think you'll be fine.


Brazen.

 

[brazen]

...get a structural engineer to have a look. They cost approx $200 to $300 for an inspection n certification against the building code if it is sound.

If you know an Engineer who'll travel to a property, inspect the foundations and frame + issue a structural certificate (which makes him responsible) for $200-$300 I want to know his name please! hehe

Seriously, you got one that will do it for $200? Please give me his/her details. I get charged a LOT more.

Brazen.

 

[Ideo]

If you know an Engineer who'll travel to a property, inspect the foundations and frame + issue a structural certificate (which makes him responsible) for $200-$300 I want to know his name please! hehe

Seriously, you got one that will do it for $200? Please give me his/her details. I get charged a LOT more.

Brazen.

This. Seriously. I need this contact detail as well.

 

[nacarrow]

Hi Nacarow,


3. It's probably quite small? If 20 sq m or less its Exempt Development if officially a 'shed'.

Are you guys happy to leave it alone as long as noone says anything? If so, just ignore it.I think you'll be fine.


Brazen.

i remeasured again with a better tape measure and its 237cm , if the carpet and underlay wasn't there it would be pretty close to 2.4metres


If I measure all 4 sides of the new extension its is 3.4m on all sides, where my bed and clothes closet is 3.4metres all 4 sides and this is actually part of the existing garage.

I will not be doing any further work to it .. as it is fine the way it is.


The distance from the neighbors houses back & rear is well over 10 metres.

Is there any leniancy if the roof height is a couple cm's short of the 2.4 metres if there is underlay and carpet in the way ?

If say council do wish to inspect it some day what should I say the room is called ?? some people have said store room or workshop .. but I have a bed , fridge , tv , lounge , punching bag hanging from the roof where a hook was already placed .. what is a reasonable thing to call it other than a spare room or flat so council won't press it further ?

thank you everyone for your help ..

If I said I only sleep occasionally in the room and I am either at work or i stay at my girlfriends alot would this be reasonable for council to allow ?

 

[robboat]

The BCA refers to the 2.4 metres as being from the "finished floor height" to the "finished ceiling height"......and more than 66% of the room area.
The last build I did had the incorrect sized ceiling battens for a finished height of 2395mm - unless I went with a very thin floor covering...
Ended up replacing the incorrect sized battens and everything fitted perfectly....and approved.

2370mm will not cut it....you will not have insurance cover......