Pool roof and glass enclosure not approved

Discussion in 'Development' started by AAA2214, 4th Jan, 2017.

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  1. AAA2214

    AAA2214 Well-Known Member

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    Hi Friends,

    Happy new year to you all.

    I have a problem and looking forward for your help.

    I bought a property to live in in 2015. This is in Blacktown council. This property had a pool which is approved. The pool also has a roof and glass/screen enclosure attached to the current property.

    Recently when I was checking past applications for development for my property at the council I found out that this Glass enclosure screen with roof is not approved. The previous owner had lodged it but hasn't done the final inspection for approval. This room is about 9M L X 5M width.

    Wanted to check the process for getting this approved before council gives me a fine?
     
  2. wylie

    wylie Moderator Staff Member

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    I know of a case where a deck was build to plans and all checks were done except the final signing off. All documents were handed over at settlement and a call was made to the certifier who said final signing off would be $700.

    Settlement funds were reduced by $700 and it settled.

    It was then up to the new owner to get that final sign-off.
     
  3. AAA2214

    AAA2214 Well-Known Member

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    The problem I have is that this plan was lodged in 1999 and he never got it approved.

    So do I have to start fresh again now? If yes, can you help me outline the process please

     
  4. Marg4000

    Marg4000 Well-Known Member

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    I doubt the council will chase you up after all this time. And if they do, you will most probably be given time to get the approval. Fining is usually a last resort.

    I reckon you have two choices. If you intend to own the property for a long time, and don't want to do anything that requires council approval, then do nothing.

    However, if you intend to develop, extend or sell, then this may become an issue. If you want to get approval, you could approach the council for advice. They are usually very helpful in trying to rectify past mistakes, and this is clearly not of your doing.
    Marg
     
  5. AAA2214

    AAA2214 Well-Known Member

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    I'm just worried because this is related to pool and I heard councils in NSW are getting strict with the areas surrounding the pool.

    Yes, I plan to stay here for long time :)

    Is going to council a good start or get a private certifier to look into it and suggest me?


     
  6. Joynz

    Joynz Well-Known Member

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    Does the enclosure meet safety regs?

    And does it form part of the pool fence?

    If it is separate from the pool fence and since so much time has elapsed, it may no longer matter if it's just the roof and walls.

    There may be a period after which it is just historical. Can you ask Council anonymously?
     
  7. Marg4000

    Marg4000 Well-Known Member

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    If pool fencing is involved then you have no choice.
    The fencing barrier MUST be compliant.
    Marg
     
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  8. Scott No Mates

    Scott No Mates Well-Known Member

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    Check the council website - some like Hornsby show all DAs/CCs including any previous correspondence, approvals, inspections etc.

    It is possible that the initial inspections have been completed but the final not undertaken.
     
    Last edited: 4th Jan, 2017
  9. AAA2214

    AAA2214 Well-Known Member

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    Not sure, any idea how do I check if it does

    Yes it is

     
  10. AAA2214

    AAA2214 Well-Known Member

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    Thanks but Blacktown council doesn't have one
     
  11. AAA2214

    AAA2214 Well-Known Member

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    Unfortunately, Yes, as its a glass enclosure surrounded by the pool fencing with doors/windows as exit
     
  12. vbplease

    vbplease Well-Known Member

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    Engaging a private certifier should be your first step. They will let you know of any non-compliance issues and help you get the final approval.
     
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  13. kierank

    kierank Well-Known Member

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    I know it is a bit late now but, out of interest:

    1. Why wasn't this picked up with during searches prior to settlement?

    2. Did you have a warranty clause in your Contract that the previous owner warrants all additions/modifications/alterations have LGA certification?
     
  14. AAA2214

    AAA2214 Well-Known Member

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    Does a private certifier give us a fixed timeline to fix the non compliance issues and approve on behalf of council ?

     
  15. AAA2214

    AAA2214 Well-Known Member

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    Ya I know, but the contract says the property in as it is conditions :(

     
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  16. kierank

    kierank Well-Known Member

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    Bugger
     
  17. Scott No Mates

    Scott No Mates Well-Known Member

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    You said that it hasn't had the final inspection - was the work completed by a builder or under an owner builder permit?

    If the other inspections have been undertaken, then the final inspection.is a compilation of the certificates (glazing, fencing etc) & inspection qhich ahould have been arranged by the builder.

    You've done the dog work to discover what's outstanding, now tie up the loose ends.
     
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  18. bunkai

    bunkai Well-Known Member

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    Curious as to how what search would determine this? Do you retrieve all of the DA's and compare to the building?
     
  19. wylie

    wylie Moderator Staff Member

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    I'm a bit confused but you'll need to get the pool fence certified as far as I know. A pool fence has its own separate section in the contract (as far as I know) and if it isn't complaint, you have a certain time limit to get it done. This is my understanding of Queensland sale contracts anyway. I don't think it can just be "assumed" to be compliant or not. You need paperwork and if you don't have it, you need to tick a box acknowledging it must be done within a certain period. I think smoke alarms have the same requirement. And safety switches.

    I doubt a "normal" certifier will do it. We cannot use a certifier for our pool certificate. It must be a pool certifier.

    Again, what I know is not fact, but anecdotal, but first call I would would be to council. If they cannot help they might point you in the right direction.

    If you have any paperwork from any work done, I'd be chasing up that person. If not, find out what sort of certifier you need and call one. If anything needs fixing to make it compliant they should give you a certain time to sort it out before they come back and check it.

    This is what has happened with a friend who has a very non-compliant pool fence and it is in her front yard. It is a nightmare waiting to happen but she's successfully put this off since July (I think) when the new laws came in.
     
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  20. kierank

    kierank Well-Known Member

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    When I buy a property, I inform my solicitor of anything/everything that I believe is an addition/modification/alteration such as a pool, patio, sheds (not standard garden sheds), ... and my solicitor checks for certification if she believes it is required.

    In case I miss something/I stuff up, I always insert a warranty clause in my Contract that the seller warrants all additions/modifications/alterations have certification.

    I assumed everyone did this.

    To-date, I haven't had any issues. If I ever do, I can either pull out of the deal or seek compensation.