Reported To The Council.

Discussion in 'Development' started by Property101, 6th Feb, 2020.

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  1. Property101

    Property101 Well-Known Member

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    Hello

    Background.

    We purchased a rundown property for renovation.

    Spent $20,000.00 and countless hours renovating and after speaking with a number of tradies decided to do a knockdown and rebuild.

    This was met with reluctance from neighbours who were concerned with the streetscape being spoiled.

    So we then re-thought our plans maybe we could continue the reno but just dont have the knowledge or time with full time jobs and family.

    Today i was greeted by a call from the council saying they had received a complaint against us.

    Wondering if anyone else has gone through this whilst developing.

    I am open to a visit from the council...But where does it start or stop where people can judge how you live your life?

    Any thoughts would be appricated.

    Thank You
     
  2. Archaon

    Archaon Well-Known Member

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    What was the complaint?
     
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  3. Property101

    Property101 Well-Known Member

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    He just said he would like to come out and inspect.

    And i had been keeping the place tidy hadnt i?

    Looks neat and tidy from outside but in need of paint.

    But seriously inspecting inside without a warrant?
     
    Last edited: 6th Feb, 2020
  4. Archaon

    Archaon Well-Known Member

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    So he didn't say what the complaint was that was made?
     
  5. Property101

    Property101 Well-Known Member

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    Not in detail...i was in shock.
     
  6. The Y-man

    The Y-man Moderator Staff Member

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    Maybe the neighbours think there is dodgy building going on without necessary permits etc?

    If everything is above board, I can't see what you would have to worry about.

    The Y-man
     
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  7. Property101

    Property101 Well-Known Member

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    Thank you could be that.

    Just strange looks like a normal.house with weeds growth over the last week?

    But do they have the right to enter the inside of your property?

    All immediate neighbours know i am planning on building a new house.

    Trying my best to get the best house for the street.
     
  8. Perthguy

    Perthguy Well-Known Member

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    Almost certainly. You would have to check your local government act but in WA they can to emforce their scheme, local laws and building regulations.
     
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  9. Property101

    Property101 Well-Known Member

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    Just seems pointless and a waste of time..when i am in the planning stages of a knockdown and rebuild...they have been advised of this.

    I am i supposed to fix the place up for demolition?
     
  10. thatbum

    thatbum Well-Known Member

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    Do you know the rules on what you're allowed to do with renovation and building work? It doesn't sound like you do?

    Also your story is confusing. Are you saying you've been renovating to the tune of $20k so far, but now have changed your mind and want to demo? Does that mean all work has stopped?
     
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  11. Property101

    Property101 Well-Known Member

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    This is what happened.

    In this order.

    I cleared both front and back yard of scrub bushes.

    Put in new fencing and gate.

    Had house rewired and new meter box.

    New waterheater.

    Had home pest inspection done.

    Attempted roof restoration(eaves) and replacement ceilings.

    Had place inspected for asbestos.

    Had quote for new doors and was told i needed all new frames.

    Then nothing because job became to big.

    Decided on knock down rebuild.
     
    Last edited: 6th Feb, 2020
  12. Rolf Latham

    Rolf Latham Inciteful (sic) Staff Member Business Plus Member

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    And your problem is :)

    ta

    rolf
     
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  13. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    I didnt see council approval on the list before you got to knock down + rebuild. Council decides if you are allowed to kd and what is allowed to be rebuilt. Not you. You may have already broken several state laws.

    The council will slap you with a cease work order and require a development appn for the demo AND another for the proposed rebuild which is going to take time and money and yes your neighbours get input. You have already upset them so dont expect it to not be hostile. They and council now think you are a rogue operator. And council will probably fine you if you even look like you have made the place uninhabitable.

    Council officers dont need a warrant. They have powers under state law. You can refuse entry. But then they WILL prosecute you and take it far further. Maybe even a state law allowing them to have you arrested by police if you obstruct them. I wouldnt upset council without legal advice on what they can do.

    If I was you I would be talking to a town planner who can advise you.

    If you plan to sell you will also have a GST issue to consider. :eek:
     
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  14. Jasmine

    Jasmine Well-Known Member

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    Pretty sure Prop101 means they are deciding to knock down rebuild. One must first decide something before action takes place. Prop101 does not state that they have action'ed their decision.
     
  15. The Y-man

    The Y-man Moderator Staff Member

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    Yes but because the neighbour was advised of the plan, they probably jumped the gun and thought illegal demolition was happening already and called council. Again I don't think there is anything for the OP to worry about, and just a routine check. If they don't front, then they are not doing their job in responding to a possible breach.

    The Y-man
     
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  16. Property101

    Property101 Well-Known Member

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    Thank you everyone for your posts and help....it is much appreciated and useful.
     
  17. Westminster

    Westminster Tigress at Tiger Developments Business Member

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    It depends which department at the Council called and wants to inspect. 2 departments I've had experience with are
    1. Building/Planning who may want to check if any renovation work you have done required a building permit and if you didn't get one then they will be unhappy
    2. council health department - they get involved if they think the house may now be uninhabitable, community safety concerns, dereliction issues

    Both tend to be quite reasonable but scary at the same time.
     
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  18. Sackie

    Sackie Well-Known Member

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    If I spend 20k to renovate then suddenly decided to demo and rebuild.... I'd be crying for days....
     
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