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Hi to All who read this thread, in NSW one should consult the NSW Governments affordable housing policy or secondary dwelling policy.These policies override the local council policy if your proposal meets the standards.In my opinion, it is a slap in the face for good planning policy and protection of the local amenity.
what has prompted me to join this forum are the comments made in the abovementioned links.
The issues for the professional to address for the so called garage conversions are Building Code related. eg protection from rising damp, termite management.
I have read other advice on how to get an illegal structure approved. Basically, if its an unauthorised structure, in the eyes of the law, it will remain unauthorised for the life of the building. The approval process is designed for those who adhere to the building regulations that is either via complying development, or by the development consent and construction certificate process. The certifier has a duty of care to ensure proper construction of the structure during construction.
Local government has the ability to consider an application for a building certificate, however, if granted the BC has a life of 7 years. The issue of the certificate does not approve an illegal structure it mearly allows the structure to remain. Therefore the question is"in the event of a legal issue involving the illegal structure , could an insurance company deny a claim based on the fact that the client failed to disclose that the building was illegal". remember one thing, the council can ask for anything it considers necessary to determine the application of the BC and charge you a fee as if it were for a construction certificate.
If the council refuses the certificate then it must issue a demolition order. Nice to play Russian Roulette with you major investment ?????
