BDDS has extensive experience in helping clients with problems where building construction has been carried out without Council or building approval.
This problem can occur when either council has been made aware either by a neighbour’s complaint or a person has purchased a property and discovered that additions have been carried out without the necessary approval.
Council under certain circumstances have the authority to have these illegal structures demolished and the works reinstated as was originally constructed . Usually a fine is imposed and an order is given by Council to have works rectified within a certain period of time.
It is important if you receive a notice from your local council , not to ignore the notice but to seek advice on how the problem can be resolved. Council should be notified that you are seeking that advice.
The first process to rectify the problem is to contact a Building Professional who is aware of the local planning codes and building regulations, they will contact Council and inform them that they or looking after the matter.
It is up to the Building Professional to demonstrate that the building complies with Planning and Building requirements or what works are to be taken to ensure the building complies.
How can BDDS Help?
Our experienced and qualified staff can guide you through the process, we have the necessary contacts in the various aspects of the building industry that can be called on to help.
We prepare the drawings and necessary paperwork, organise any specialist consultants that may be required. e.g Structural Engineers, BCA Consultants Town planners etc and act on your behalf when dealing with Council.
The normal process, dependent on the circumstances, is to firstly lodge a Development Application with the local Council to demonstrate that the unauthorised work complies with local planning codes. This usually entails the following:
- A site measure of the existing structure and plans drawn up which would include a site and floor plans, elevations and building section.
- A Land Survey of the site, if one is not available , to make sure the structure is situated on the property correctly and what the land area is and what the levels are.
- A 10.7 Certificate is purchased from Council which will us what restrictions are on the property
- A Dial Before you Dig Enquiry (DBYD) is carried out to make sure there are no easements on the
- An investigation of the Local Council LEP (Local Council Environmental Plan) and DCP (Development Control Plan ) to check planning requirements.
- A BASIX Certificate should be generated. This may need to be carried out by a specialist consultant to make sure the works meet the energy efficiency requirements.
- A Statement of Environmental Effects is prepared summarising the unauthorised work and noting the compliances.
- Other checks at this stage may include a Bushfire, Flood, Geotechnical and any other reports which could affect the planning application
- Meeting client & Council if there are any issues
- Preparation of documents and the lodging of a Development Application
Building Certificate Application
If all goes well and the development Application is approved, you will then need to lodge a Building Certificate Application with council. this is required to prove that the building complies with the Building Code of Australia (BCA) and all the relevant Australian standards. This could include the following:
- Building code of Australia ( BCA) Report This is required to make sure the building work complies with all the various aspects of code and Australian standards work is carried out by a specialist consultant.
- A Structural Engineers report that demonstrates that the building is structurally adequate
- A Pest Certificate to ensure the is building compliant with the Australian Standards
- An Electrical Certificate from a licensed Electrician to ensure the Electrical works comply with the Australian Standards
- A Plumbing Certificate from a licensed Plumber and Sydney Water to ensure the works comply with the plumbing code
- It there are wet areas i.e showers & amp; bathrooms a waterproofing Certificate by a qualified Waterproofer
- A glazing Certificate to ensure the glazing complies with Australian standards
- Other specialist Certifications as maybe required.
- Preparation of documents and forms then the lodging of documents with the local Council
If there is construction works that have to be carried out as a result or are required to rectify works and
bring them in line and make the building comply the usually a Construction Certificate needs to be
applied for this can be carried out either by Council or a Building Certifier.