Urgent help -- didnt get approval from council

[Leeman]

Hello,

Recently we started a general renovation on our laundry area. This area is quite small and it was built with fibro which was falling apart. We've decided to approach a handyman to remove the existing fibro walls and build a solid brick walls.

To our suprise, we received a letter from the council that we didnt obtain permission to build the extension. Even though this is NOT an extension but a re-build of the existing laundry area.

Not sure what to do now? Do i need permission first to replace an existing laundry area? have any had this scenario before, completed the work and council came in after? the laundry area is almost done and iam scare that they request us to pull it down =(

Please help .. i tried calling a private ceritifier but they are simply dont care and say they will not help since the building is already constructed. Iam starting to get really worry that council will take me to court and give me a massive fine. I dont want that.

Do you know anyone like a certifer that can give advise and help me with talking to council? i dont mind paying a fee.

thanks guys.

 

[RPI]

Hi

Talk to a town planner in NSW, or a planning or building lawyer. I know what to do up here but not there.

 

[Leeman]

Mate you are a good bloke for taking the time to talk to me on the phone.

I will try to approach a town planner in NSW. Anyone here in this forum is a town planner that may provide me with some advice.... really need help thanks

 

[Shahin_Afarin]

Mate you are a good bloke for taking the time to talk to me on the phone.

I will try to approach a town planner in NSW. Anyone here in this forum is a town planner that may provide me with some advice.... really need help thanks

Hi Leeman,

Try these guys:

Colleen McCullum

Glendinning Minto & Associates

PO Box 225 Thornleigh. NSW 2120

Email: [email protected]

Tel: 9875 4788

Fax: 9875 4799

I don't know if they are cheap or expensive but I know they are excellent.

 

[argentina]

Hi,
I am not a legal advisor nor anything to do with council. However, I do know that taking people to court is generally the last thing that any business wants to do. You are obviously being honest about your situation and looking for a mutual resolution that will suit both parties. From my experience in business I would say that you are on the right track to resolution. Even if you did make a mistake, it sounds like you were trying to do the right thing and I doubt whether the council or the legal system would be be looking to punish you too much. I think it is just a case of getting the paperwork right. It might cost you a bit more than you originally thought and obviously the time and stress associated with sorting it all out. Good Luck.

 

[Ideo]

The best thing to do is to look at going down the Building Certificate path.

These are only available from Council, not a private certifier.

These basically state that Council will not undertake any action for unapproved works, including having to demolish the building.

Given the works are minor in nature, and I am presuming, don't increase the floorpsace or footprint of the building, or result in you encroaching any further towards the setbacks etc, then this may give you the best outcome.

Do you have a survey or anything like that which shows the original laundry? If so, you may require a new survey which shows no increase in footprint or anything like that, which will make the process a lot simpler.

What local government area are you in?

This is all pretty general advice but should steer you in the right direction. If you want someone to help you through send me a PM and I'll provide some contact details etc.

You shouldn't require a DA or anything like that given the circumstances.

This doesn't constitute any legal advice or professional advice.

 

[pennyk]

I would ring council first and get them to come out and have a look, particularly if you havent changed the boundaries of the house.
Its likely your neighbour has complained and council is just following up the complaint. you dont need to panic just yet.
we had a similar situation with baulkham hills council when building an ensuite. there were no changes to the exterior, no removal of walls etc. all the builders we got quotes from said we didnt need to get approval.
But a council worker turned up on site one day and said we had needed to get approval. He had a look around, and saw what we were doing and gave the builder a rap over the knuckles but said it was fine.

Find the information on Complying Developments for your council and see if you need council approval or not, and whether it fits into this definition or not (eg if you are knocking down loadbearing walls, its probably a complying development)...if its not a complying development and you need a DA, its a bit of a bigger issue.

In our new PPOR, a draftsman submitted the information for the Complying development. Apart from a hiccup with bush fire risk, it was approved in a couple of days, with minimal stress. It doesnt need approval from neighbours etc. (a DA will need neighbours comments)

Just ring and talk to council, find out why they think it needs approval and, if it seems incorrect, ask them to come and have a look. Stay cooperative and friendly, and I think it should be able to be resolved quickly.

 

[pennyk]

This was the draftsman that we used to manage our current PPOR through council..

http://www.technicaldesigns.com.au/

 

[Ideo]

Actually, pm me details and I'll see whether you might squeeze in under exempt development

Send me your number if you want and I'll give you a call to discuss - no charge.

 

[Leeman]

thank you guys and gal. Really appreicate your comments. Feel a little more confident about this and will give council a call and see what they will say.

thansk Ideo, i will PM you and have a chat. will let you know the outcome.

 

[lizzie]

I would ring council first and get them to come out and have a look, particularly if you havent changed the boundaries of the house.
Its likely your neighbour has complained and council is just following up the complaint. you dont need to panic just yet.





Just ring and talk to council, find out why they think it needs approval and, if it seems incorrect, ask them to come and have a look. Stay cooperative and friendly, and I think it should be able to be resolved quickly.

As one with much renovation experience I'll second this. Stop this nonsense about involving outside people and courts etc .... ring the darn council, talk to the planning officer and explain that you are replacing an existing wall.

Probably neighbour complaining that you are building a new structure (which you aren't) and council sending stock standard letter.

 

[Leeman]

thanks Lizzie, i think so too that the neighbours complained. Is really good to gain support from fellow members in this community.... in future i hope to offer my knowledge and experiences too.....

cheers

 

[MIZBUF]

Only thing that concerns me is that you said you had engaged a handyman to remove asbestos-- This might get up & hit you over the head if Council starts enquiring re disposal etc .

 

[CHam]

The only other question that comes to mind - was the laundry part of the original house, or has it been added at some stage since without council approval?

Therefore are you actually renovating an unapproved existing structure that was perhaps put on prior to you moving? Have you checked your original plans to see if it was on there?

Perhaps the council have had a complaint, looked at the original plans and assumed that you are adding an extension?

 

[pennyk]

Only thing that concerns me is that you said you had engaged a handyman to remove asbestos-- This might get up & hit you over the head if Council starts enquiring re disposal etc .

there is no mention in OP of asbestos?
I didnt think fibro necessarily equalled asbestos

 

[marg4000]

There will be two issues of concern - firstly the removal of the asbestos and evidence that it was done correctly.

If you are building "solid" brick walls, then this is a new construction and correct procedures will have to be followed. There may be issues regarding setbacks and/or size as it sounds as if the original laundry was old.

The council quite rightly will need plans to ensure they are built on correct footings and meet current building regulations. The fact that you are using a handyman may cause concern. You really need a qualified bricklayer to ensure safety for yourselves and any future occupants.
Marg

 

[Leeman]

thanks guys. I've just checked with our builder and he advised it was just fibre cement so no asbestos. As to the brick work, i need to check .....

 

[Highlygeared]

Hi Leeman, which council would this be??