What to do where builder built contruction that doesn't comply with council guideline

[goblin5566]

What to do where builder built construction that doesn't comply with council guideline
Looking for advice to help my 63 year old dad. Long story short:

a. My dad built a pergola from licensed contractor (seems like big enough company) 4 years back to have enclosure
outside where he could do yoga classes (cost $4000). Obviously instructions were to building under the council requirement so we dont
need council approval (I think 25 sqm2)

b. Council did inspection recently and said it is 0.6 sqm2 above allowed. They issues demolishment orders.

c. Contractor says council are measuring incorrectly.

What can we do?

i. Is there any construction ombudsmen. I would think this is builders fault and he should cover entire cost to demolish and put it up again.
But not sure what we can do?

It just seems really dodgy especially coming from licensed builder. Can we complain somewhere to get their licensed taken?

Any advice would be appreciated. In end worse comes to worse we can absorb 3000-4000 cost as I don't want my 63 old dad to go through pain going to courts, etc.

 

[Scott No Mates]

Whaaaaat? A demolition order for 0.6 m2???

Options:
* cut off 6m x 0.1 m (ie width of the gutter)
* submit a da with plans
* get it surveyed to show new area is within t

Why has it come up now?

 

[Propertunity]

Most people in this situation, where the construction itself is not faulty, just oversized, would seek to get retrospective DA approval. Councils expect this line of action, after they issue a demolition order. I'd be talking to a Private Certifier.

 

[goblin5566]

Whaaaaat? A demolition order for 0.6 m2???

Options:
* cut off 6m x 0.1 m (ie width of the gutter)
* submit a da with plans
* get it surveyed to show new area is within t

Why has it come up now?

I know it is absurd. Also, catch is that their demolition means literally demolish and then rebuild. Another contractor quoted $1500 to readjust. But my dad is checking with council if he can do that adjustment without having to demolish

Why come up now?
We'll its a bit of sad story. New nieghbour (who works in council), doesn't like yoga classes that have been going on for 10 years. Apararently makes too much noise and people doing yoga as dodgy. So, she complained. Hence, my dad is going though approval process.
Doing yoga was approved officially years ago. All neighbours except one are good and actually written letters in support.
He build pargola to do it outside.

 

[goblin5566]

Most people in this situation, where the construction itself is not faulty, just oversized, would seek to get retrospective DA approval. Councils expect this line of action, after they issue a demolition order. I'd be talking to a Private Certifier.

DA Approval. How does that work and what is cost?
We didn't actually consider it at all. Perhaps thats a better solution and less hassle. Otherwise, need to chase builder.

a. What do we need to do for that case? DA approval process. We do have 30 day demolishing orders.
b. What can we do about the licenced builder who built it orginally?

 

[HotRod]

FMD, things like this make me mad.

So, it's 2.4% larger than the maximum permissible, that's like 10cm too long on one side along a 6m edge.

Tell me how that is going to be anything materially different to the 25sqm allowed pergola???

To the naked eye, these two side by side would look exactly the same.

Sheer, bureaucratic madness.

Should just be rubber-stamped with a ticking off from the council, which you already have.

 

[Propertunity]

DA Approval. How does that work and what is cost?
We didn't actually consider it at all. Perhaps thats a better solution and less hassle. Otherwise, need to chase builder.
a. What do we need to do for that case? DA approval process. We do have 30 day demolishing orders.
b. What can we do about the licenced builder who built it orginally?

I'd be talking to a Private Certifier - they see these issues all the time. Your case is not unique.

 

[goblin5566]

I'd be talking to a Private Certifier - they see these issues all the time. Your case is not unique.

Private Certifier .
How would I go find them?
Are there any of those on this board?
Also, what would I expect to pay them?

 

[Propertunity]

Private Certifier .
How would I go find them?

Google is your friend.

 

[goblin5566]

FMD, things like this make me mad.

So, it's 2.4% larger than the maximum permissible, that's like 10cm too long on one side along a 6m edge.

Tell me how that is going to be anything materially different to the 25sqm allowed pergola???

To the naked eye, these two side by side would look exactly the same.

Sheer, bureaucratic madness.

Should just be rubber-stamped with a ticking off from the council, which you already have.

I know what you are saying. Its ridiculous. It literally is talking about rounding errors. Honestly its measurement mistake. Even though its builders fault, I highly doubt he intensionally made it few decimal cm bigger.

Also, second fail that is absurd that council wants to demolish first. Then rebuild. That I think is worse. My dad is writing to them to consider adjustment. Knocking down and rebuild is too foolish.

 

[Doovalacky]

Have you tried measuring it yourself?

 

[MelbGal]

Some good advice already posted here. I agree with trying to go down the course of not demolishing but getting approval for the revised size. I would also double-check the measurements myself. Sounds like a lot of bureaucracy for such a small difference.

Have you been into the council planning offices personally? I find that speaking to them face to face could assist. Also, give a call to your local Councillor, not sure if that will do much good but just another idea to get their support.

Good luck, Keep us posted.

 

[goblin5566]

Some good advice already posted here. I agree with trying to go down the course of not demolishing but getting approval for the revised size. I would also double-check the measurements myself. Sounds like a lot of bureaucracy for such a small difference.

Have you been into the council planning offices personally? I find that speaking to them face to face could assist. Also, give a call to your local Councillor, not sure if that will do much good but just another idea to get their support.

Good luck, Keep us posted.

Thanks for advice. My dad meeting the original contractor tomorrow (Wednesday). Lets see what he says. I'll keep everyone posted.

I'll ask him to look into other items suggested by others. Really appreciate everyone's opinion.

 

[Macca]

Thanks for advice. My dad meeting the original contractor tomorrow (Wednesday). Lets see what he says. I'll keep everyone posted.

I'll ask him to look into other items suggested by others. Really appreciate everyone's opinion.

Highly likely the contractor has his regular private certifier on speed dial, ask him to make a call and hopefully problem solved