a structure on lot without building approval

Discussion in 'The Buying & Selling Process' started by SarahJ, 26th Apr, 2022.

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  1. SarahJ

    SarahJ Well-Known Member

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    Hello all,
    i have made an offer on a property and we are less than 2 weeks from settlement. Dwellings are all build accordingly to council building approval in 2013. However, there is a structure (planter box) in front of the dwelling that has a planning approval in 2015, but no building permit. I am hoping to request at least a building approval certificate from the seller but have gotten advice from my settlement agent that there isnt much i can do as i am buying the property "as it is".

    care to share some of your views?
     
  2. thatbum

    thatbum Well-Known Member

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    A planter box? I'm imagining something pretty small?
     
  3. SarahJ

    SarahJ Well-Known Member

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    its 1100mm high and 8.5m wide
     
  4. Scott No Mates

    Scott No Mates Well-Known Member

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    Why does a planter box require approval?
     
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  5. SarahJ

    SarahJ Well-Known Member

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  6. SarahJ

    SarahJ Well-Known Member

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    does this structure not require approval from council? it does have a planning approval but no building permit / approval
     
  7. spoon

    spoon Well-Known Member

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    You can certainly do something. Think about what to plant and make the front look great come spring. Seriously, I doubt the council would issue an order to you unless you cross your neighbours badly or the plant in the box badly overgrown. :D
     
  8. Joynz

    Joynz Well-Known Member

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    Which state?

    It may have needed a planning permit (e.g. because it’s in the setback) - but perhaps didn’t need a building permit.

    Did council say a building permit should have been obtained?
     
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  9. SarahJ

    SarahJ Well-Known Member

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    in WA.
    I was trying to read up the building regulations but to be honest, i dont exactly know if thats what it is referring to. I did speak to someone (building officer) from the council and was given something that sounded like he wasnt sure and have to ask his compliance officer. The answer i got was if this is brought to their attention by writing, they will then have to follow up and go through a whole process to ensure compliancy and therefore issuing a building approval certificate. Which is for existing structure. So i dont actually think that i got a direct answer as to whether a building permit is needed or not.
     
  10. Joynz

    Joynz Well-Known Member

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    I wonder if the Council officer understood what you were asking?

    Did you ask them why it needs a building permit?

    Ask council to point out the specific section in the relevant regs. that would require a building permit. I would visit in person.

    What is the planter box made of? Is it part of the front boundary fence?
     
  11. The Y-man

    The Y-man Moderator Staff Member

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    Maybe the planter box was designed for raising uh.... "special" plants? :D

    The Y-man
     
  12. SarahJ

    SarahJ Well-Known Member

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    they are made of bricks, no boundary fence at all, it is jus a long rectangle that sits in front of the house. dont really know how to read drawings but it is jus behind out setout line. behind the crossover.

    i was quite curious about the proposed drawing where they divide it as 500mm retaining wall and 600mm planter box. i did reckon because its 500mm retaining wall plus a planter box doesnt need a building permit. but im not sure as all these are so technical >.<
     
  13. ThaRealJaySnell

    ThaRealJaySnell Well-Known Member

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    Just get title insurance which covers you for things like this
     
  14. Westminster

    Westminster Tigress at Tiger Developments Business Member

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    I suspect that it's fine but I'm not an expert.
    Retaining walls within the front setback in Perth need a DA/Planning approval but it is possible that if the works are under a certain value that they don't need a building permit. It would also have to meet the other criteria for needing a building permit though and I have previously needed one for retaining walls but they were large and extensive and $$$$
     
  15. spoon

    spoon Well-Known Member

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    My experience: Lease a house to a business [VIC]

    In WA too. If you invite them to have a look, you are inviting for more than a "look". And there will be much follow up. But if getting things done 100% correct is the criterion, then yes, this would lead to 100% compliance as they would not approve it otherwise.
     
    Last edited: 27th Apr, 2022
  16. Lindsay_W

    Lindsay_W Well-Known Member

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    Worse case scenario is that you have to have it removed?
    Probably over thinking it, no offence, I get you're trying to do the right thing but it's a bit late to demand anything from the seller at this point
     
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  17. Westminster

    Westminster Tigress at Tiger Developments Business Member

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    From a settlement point of view you have passed the point of no return here unless your offer was subject to them providing evidence that all structures are compliant/permitted.

    If you purchased it 'as is' then in 2 weeks time you are going to own that planter box/retaining wall and it becomes your issue if it did need a permit.
     
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