Advice needed council asking to demolish the garage

Hi respected members. I purchased property in Melbourne Craigieburn in 2016 its an old house 588sqm with garage on side. There was big garage and Inside the garage I installed a wall to make it as a room. There was already toilet and spa in the backyard at time of purchase. This is an old house now I had to travel overseas and I am stuck there from 4 months. Now council have done the inspection and they have given the following notices. Can you please help me what should I do next.

Use of building in contravention of the Building Act 1993 (Act) and Building
Regulations 2018 (Regulations)
1. The building / land is a danger to the lift, safety or health of any member of the public or
of any person using the land, and
2. In contravention of section 16 of the Act, building work has been carried out on the land
for which a Building Permit has not been issued and which does not comply with the
Regulations, namely;
2.1 The Garage and associated Verandah were constructed without a building
permit, and
2.2 A Spa Pool with a depth of water exceeding 300mm has been constructed on
the south-eastern corner of the land, beneath the Garage Verandah without
permit in, and
2.3 The Spa Pool is not protected by a Pool Safety Barrier that complies with the
regulations (Building Code of Australia 2019 Volume Two, Amendment One
(BCA) and Australian Standard (AS) 1926.1 and AS 1926.2), and
3. In contravention of regulation 229, the use of the building has been changed where the
building does not comply with the regulations applicable to the new use, namely;
3.1 The Dwelling and part of the Garage are being occupied and used as a Class
1b boarding house where the buildings do not comply with the regulations
applicable to the new use, including:
3.1.1 Contrary to BCA Clause 3.7.5.2, the Dwelling and rear section of the
Garage are not protected by hard-wired smoke alarms, and
3.1.2 Contrary to BCA Clause 3.7.5.6, the buildings are not provided with
lighting to assist evacuation, and
3.1.3 Contrary to AS2870, the floor slab of the Garage which has been partly
converted to a habitable room does not have the requisite freeboard
height above the adjoining ground/pavement level, and
3.1.4 Contrary to BCA Part 3.12, the Dwelling and the Garage which has been
partly converted to a habitable room do not comply with the requisite
energy efficiency requirements, and
3.1.5 Contrary to Part D3 of BCA Volume One, access for persons with
disabilities is not provided to the buildings.
SHOW CAUSE PROCESS:
Under section 108 of the Building Act 1993, you are required to show cause within 30 days
of the date of service of this notice—
4. Why occupation of the buildings for use as a Class 1b boarding (rooming) house
should not be prohibited, and

For front house they have issued this
The work required by this order is of a minor nature.
Building work of a minor nature is required to be carried out
The building work required by this order is the installation of smoke alarms due to an
inspection discovering that the building is not protected by functioning smoke alarms.

Can someone please tell me if battery operated alarms will be enough for front house or what sort of alarm needed to be installed.

I can get the spa removed.
This is my first home so I wasn't aware of section 32 have permit for garage or not. However my conveyncor should have told me about it. If so. Can the conveyncor be held responsible for that?

Should I just demolish everything at back? Since its 588 sqm block so instead of applying for new permits I just get the land clear and when in future I CAn construct a new unit at the back? Please advise me as I am going crazy already lost my job due to covid and stuck overseas.

 

Why are you running it as a boarding house? it clearly doesn't meet the requirements and that should probably stop immediately and fix the non approved items.

 

Agreed, this is the kind of stuff that gives landlords a bad name.

The spa and the garage (external building only) I can understand, that might have been an oversight. But the rest seems like it's simply a blatant disregard for regulations!

 

Google “Childers Backpacker fire”.

This is what happens when things go wrong and the building does not comply with regulations.

You have an unfenced pool/spa?
And inadequate fire alarms?
Tenants in unapproved structure?
and other issues.....

Be aware that insurance will NOT cover you in the event of an incident, and you could also face criminal charges if a life is lost.

Suggest you take immediate action to meet regulations.

 

Victorian councils have new legislation they have to enforce regarding spas and pools. You could probably apply for a permit for the spa and install compliant fencing to meet the regulations (lots of owners are having to do this currently).

Similarly, if the external toilet was already there (in an outbuilding) then it might be OK.

In normal existing residential properties in Victoria smoke alarms do not need to be hard wired - battery is OK. However, the regulations may be different for a boarding house. Ask council in writing (email).

 

It is actually stated in the letter from council. Must be hard wired.

 

I am not running it as boarding house. Its only used to store my stuff like a storage as I am stuck overseas. So in front house where I stay with 2 of my friends have put my stuff and excess in there.
Pool or spa is there before I purchased it. We never used it neither it works. I have no issues to throw that away.
My main concern is garage and veranda which has been reported to be constructed without permit. This is the house I purchased as it is. I haven't don't any construction outside. The garage is as old as the house 1975 or so.

 

Demolish the spa, problem gone.

Contact the Council to query the boarding house issue and get rid of the beds in your garage.

 

I am overseas that's the problem. I am not sure how to go about things. Can I just ask for demolition and get it done?

 

OK, don’t panic.

First, it sounds like you just need to let council know that it isn’t a boarding house.

Perhaps your friends have been subletting the rooms out?

Of course you can have the spa removed easily.

Is the garage brick? It is pretty expensive to build a brick garage (weatherboard a bit cheaper) so I would be trying to get a permit for it, if it’s in OK condition.

Is the toilet in the garden - or inside the garage?

 

What's in the back house? Are they two separate buildings? Do you own that one too? Or is it a granny flat?

 

As per the other comments.

Also look up on council web site and search for their aerial photographs, you should be able to go back many years and work out when the garage appeared (take and print screen shots), just because you don't have a copy of a building permit doesn't mean there never was one, they just probably don't have it on the computer system !

You could apply to retain the garage structure

 

I have sent the reply to the email I received that it isn't used as boarding house but just as storage unit. I can get it emptied.

It's brick garage with shutter door. It's same bricks used in the front house. Condition is perfect it's nicely built.

I am. Not sure if it was subletted but no one is living at the moment.

 

I have section 32 where I will look for that permit. I still have pictures from 2016 when I purchased this property the pictures of garage are still there on the real-estate website.
It's constructed the same year the house was built and I think it's made on 1975 or so

 

When you bought the house did you purchase title insurance? This would usually assist with issues like this?

 

no mate i didnt

 

Sounds like the council doesn't have records of your property, and are just going out of their way to be difficult.

 

It sounds like Council does have records and the garage doesn’t have a permit!

Of course, records may have been lost - but that’s a conversation to be had with council.

The OP needs to talk to council and ask when the garage and verandah was built and try to find out a bit more.

I’m interested in why this inspection happened. Was it related to inspections for pools & spas or a complaint from a neighbour?

Storing furniture doesn’t make the house a boarding house so I think the OP is confused about the situation.

 

I think part of the story is missing.

 

The important part