Convert a deck into a combined kitchen-living area - neighbours are not happy

Hi all,

I am totally lost here and want to seek some advice if anyone has ever been in this situation.

My partner and I recently bought a house with a deck for us and our in-laws (totally 5 of us). The house itself is small, and is not comfortable for 5 people to live in, so we want to add some room by convert the deck into a combined kitchen-living area . We trusted our uncle that we don't need to get council approval, because the deck is attached to the house, and we can do it without any issue. Now, we are two weeks from completion, and today I got a phone call from someone from the council building compliance saying that the neighbours are not happy that their view is blocked and he advised that we have 28 days to take off everything, otherwise a formal action will take place.

Is there anything I can do in this situation? Or I have no choice but to take off everything. We are stressing out so much.

 

You may need to flesh out a more detailed explanation of what that means and what you constructed?

 

Some photos would help

 

1: I assume your uncle is qualified to give advice in these building matters.
2: when you say kitchen-living area do you mean you have moved the kitchen table and dinner table & chairs from inside to outside.
3: I assume you not enclosed the deck.
4: I assume you have not installed any plumbing or kitchen appliances on the deck.

If the above is the case I explain to the council the items on the deck is merely furniture.

 

Two weeks away from moving the kitchen table, dinner table & chairs from inside to outside.

Whatever you’re constructing you should stop. Who’s building it, another Uncle?

 

Thats correct. Its illegal construction. You broke the law. If its not removed they prosecute AND order removal and you will continually face costs. Once its removed then you can reapply the correct way. Fines are hefty. Building works must be approved - You cant modify expect some very minor exempt works and a deck being converted as a extension is NOT a example. The process ensures compliance to code. The issue has NOTHING to do with the views. Its about illegal construction activity. It needs development approval...using plans,, fees paid, insurances and a design that will be approved. That deck wasnt designed to support a roof and walls and a kitchen and plumbing access points, electricals etc are all required.

If its prosecution the fines can be $10,000 and then it goes up. You will also be hit with costs and fines of $100K and up arent unusual. Council can also cancel the occupancy certificate and basically make the dwelling uninhabitable until its inspected for compliance. And they will be breathing down your necks for LONG time. You trim a tree they may fine you.

Development consent and construction approval processes

 

Now I am ***** scared and I have nothing to do with it!

 

LOL.

Have heard of it happening when people inadvertently built over a storm water access cover. It was buried under dirt and the DIY didn't think of checking.

 

Illegal Building Work

 

Does this 'uncle' hold a builder's licence or professional indemnity insurance?

 

Hi, thanks for your advice, that's what I ended up doing (no other options really). We have the builder to take them off, and now we have professionals looking at it to get the DA paperwork sorted.
Big lesson learnt.

 

Hi Scott,
No, my uncle is handy man and has been working for many builders, I guess he may just misunderstanding of what I want.

 

He's working above his pay grade - that is he should know that the work required a builder's licence and a contract to perform the work together with the obligations of applying fit building consent.

He's worked for builders so would be aware of the requirements.