19/11/2020
DO YOU NEED TO PUT IN A DEVELOPMENT APPLICATION FOR YOUR MINOR RENOVATION AND EXTENSION?
This year, we have some customers who contacted us for help. They carried out illegal construction works on their property and they have been reported to their Local Council. In the past, we might encounter 1-2 cases every 3-5 years, But recently, nearly 1-2 cases per year. This is what motivated me to write this article to hopefully able to direct people to the right process when they want to do a renovation and expansion on their property so that they won't end up in this situation.
WHAT ARE THE CONSEQUENCES IF I JUST IGNORE IT?
For the cases we have experienced, Council has given them 28 days to ‘act’ on the issue. This means that you have 28 days for you to either dismantle all new jobs and restore them to the original state, or you can apply for a ‘Building Certificate’ through Council. If you do not take any action within 28 days, they may impose a fine of 250,000 to 5 million.
Building Certificate is like a ‘backtracked Development Application’, but the biggest challenge we have found with the cases that we have encountered is making all the work already done compliance. In the majority of the cases, there seems to always be part of the work that is non-complying and require additional work to rectify it. In some cases, the cost is actually quite high.
WHAT KIND OF WORK CAN I DO WITHOUT ANY BUILDING APPLICATION?
You can go to: NSW State Environmental Planning Policy (Exempt and Complying Development Codes) 2008- https://www.legislation.nsw.gov.au/view/html/inforce/current/epi-2008-0572?fbclid=IwAR3C9eitPwqyN3b7sfSqxJcblTOYdsjTyMH4S7tmkkxyZgsTE6P0zM57NSc
PART 2- Exempt Development Codes. This is the renovation and expansion that you can perform without any application. However, all jobs have specific requirements, so make sure that everything you do meets the requirements set in the SEPP. If the work you want to do is not listed under PART 2, you must apply for it either through a Private Certifier or through Council.
If you are a Builder/ Tradesman/ Handyman, you must understand the relevant regulations when providing the works. If you are not sure, you need to check the State government website and Council prior to engaging the work. There are honest and great builders, tradesmen and handyman out there who are doing the right thing, but unfortunately, there are minorities that are not being very careful or clear with their advice to property owners, hence causing a lot of issues down the track, especially for the property owner.
Hope this article can provide you with a very brief introduction to the path/ research you need to take prior to taking on a renovation or extension. If still not too sure, you can always talk to an Architect or Building Designer and seek their advice.
Take Care and Build Safe.
Disclaimer: Above article is sharing of personal experiences in the industry at the time it is written in NSW ONLY. It may/ may not reflect the exact situation you are in. For casual reading only.