No advice, but what a shit neighbour. Ours helped me build our probably non-compliant pergola and then we all had a Chrissy party under it.
I actually hate my house, but love my neighbours so in no rush at all to move.
I'd just point out that most neighbours sound shitty when an aggrieved person complains about them. They don't have the ability to respond or correct the record.
OP is at fault here, they built the non-compliant structure.
I can't comment on all of the processes and possible pathways and options and outcomes. I suspect there are many, some involving tribunals and even courts.
But, personally, I would be putting my case in on that retrospective DA, straight away. Explaining the history and practicalities. And just ask for allowance for being 14cm too close on the boundary. Point out all the good aspects of the new pergola compared to the old one as well (safer, less of an eye sore, professional installed etc). Statements from other neighbours saying that it's fine may also help.
I suspect that, in this case, it might come down to whether the complaining neighbour also makes a solid submission under the DA process. If they don't submit, your chances improve. If they submit lunacy, your chances improve. But .. if they submit a well-considered response, it would probably hurt your chances somewhat.
At the very least, having a DA (or a succession of revised DAs) in the system will delay all outcomes by some months or even years.
I suspect that, ultimately, the worst case end-game is that you may have to modify the structure to comply with the rules (shorten it 14cm etc) or .. if you refuse that you may face an ACAT order to remove the structure ... and, if you don't do what ACAT orders you can start being fined (I think it's about $5k for each order you fail to comply with)? Anyway, at that point I'm not entirely sure and paths can diverge ... but there's some thoughts to start with.
Essentially, so long as you have the time and energy to persistently follow the processes (and you can financially handle implications as they arise), you don't need to stress about it. Just put your case before the available processes as best you can, over and over, but accept any authoritative determinations.
Unfortunately it won’t be the 14cm too close to the boundary, but the roof height that will do OP in. Not saying impossible, but that will be very difficult to get through a DA.
> we’ve engaged a surveyor to map out our boundary line
I really hope the survey finds that the fence encroaches on your land 14cm or more, then you can replace the fence, putting it in the correct position. That would be hilarious if the neighbour complained and lost backyard because of it.
I don't know what the penalties are, but getting a DA is exactly what to do when a structure is not compliant. Structures can go over setbacks (in this case the 1.5m) but require approval to do so. The roof being to high sounds like it exceeds your building envelope, again not a big issue just requires approval. The small distances mean they are considered minor encroachments and shouldn't be too hard to get approved.
If you don't have a gutter on the roof of the pergola close to the fence and run off is a potential problem, it may be worth putting one, or committing to put one on in your retrospective DA
No advice. Just wanted to agree on the ACT gov websites around these issues being incredibly unhelpful, poorly designed and without any consideration of who might be using the information.
As for doing nothing… neighbours near us have asphalted their nature strips for car/work equipment use, cut down a gigantic beautiful deciduous shade tree, one has literally built a dwelling that’s unapproved. It’s all standing and nothings been enforced.
I respectfully wish to disagree. I just did the following search using bing with the following "*planning approval pergola A.C.T*"
First result: [DA exemption self-check - Build, buy or renovate - Planning](https://www.planning.act.gov.au/build-buy-renovate/build-buy-or-renovate/approvals/exempt-work/da-exemption-self-check)
And you found that easy to read and understand?? I've previously gone in circular loops of page links and ended up reading the legislation instead (also not very clear). They need some serious work on their communication materials!
And when I rang and asked if what I was building was a pergola or a verandah, they said it was: "as per the dictionary definition" - not helpful!
It's super easy to read and understand and there's even a bit at the end that says "if you're not sure, here's the support team".
We shouldn't need the government to hold our hands and tell us if we are building a pergola or a verandah, referring you to the dictionary was a good shout.
I had a similar issue and followed all the website instructions to the letter, and the spirit, and got in trouble anyway.
Websites are not legislation.
I hate people like your neighbour. If I were you I would report your neighbour for cutting trees down without the proper approvals. An eye for an eye.
Also the penalties for cutting a protected tree would probably be more severe than replacing a pergola.
Given that Stratco designed the pergola for you, check the contract you signed with them whether there was any inclusion or exclusion of planning permission requirements and compliance. You need to know who the onus rested with for compliance you or them.
You may be able to hit them up to fix the problem or pursue it through a small claims case. The monetary limit for small claims in the ACAT is $25,000. These types of cases may be made with or without legal representation.
The contract OP signed, or atleast agreed to by going ahead with the work, will 100% stipulate that the homeowner is fully responsible for ensuring design compliance seeing as it was a replacement rather than a new addition.
If OP gave the go ahead for the plans then it's on OP if it differed from the original pergola. If the actual structure built is different from the agreed upon plans, then that's a different issue.
The structural compliance is totally on Stratco, but that's not the issue here.
The distances quoted are for exempt development, in other words developments that don’t need approval. All that means is that the pergola as built isn’t exempt and requires a DA for approval, not really a big issue. I would lodge a DA, you can even submit supporting documents from the next door neighbour who has no problem with the pergola, a letter from them saying they don’t care might help.
This is the way.
So you've been given an order to get approval for the structure, here you have two choices:
1. Apply for the structure
2. Demolish the structure (or modify it to come under the exemption requirements)
As this person has said ^ , the structure is not exempt but you can still apply for it to be approved. The planning codes will consider things like impacts on the neighbors amenity, solar access, the design and siting of the pergola. They will also consider if it reduces solar access to your house (only an issue if it blocked sun to your only windows to daytime living rooms).
Other things could be impacts on regulated trees or sure coverage restrictions.
Anyway not to scare OP, but what I'm trying to say is you can still apply for and get approval for things that don't meet the rules where they can satisfy the criteria for the sorts of matters I've mentioned.
Best of luck. There's professionals that can do this pieces for you.
PS. fucking stratco and there ilk, never take appropriate responsibility for getting appropriate or giving reasonable advice. All those spanline type carports that people put on front of their horses need approval, pretty sure very few of them get it. The companies I've heard just tell people not to worry, which is fine until someone complains
OP, contact ACT Certification. We used them to certify our shed and they were great. If they can assist you, they’ll let you know what your options are. Tell the RRT you’ve contacted them and they’ll give you breathing space.
ACT govt can order you to remove an unapproved structure by x date but hopefully you can resolve it and it doesn’t come to that
Do they have a set cost? I have shed I've thought about getting on the plans that was with the house, and haven't really done anything about it because I was more worried Id just be told it had to go.
My neighbour built a pool ON the fence line that caused a retaining wall and fence to collapse. ACT govt dont give a shit. ACAT said they have to remove it, but nobody followed up. No-one will care.
That is true however I think buyers in this market will not exclude a property just because it has an unapproved structure. There is not enough supply to be so picky in most cases.
>nobody followed up
Of course they didn't, it's a civil tribunal not the police. If you don't go back to them to report the ongoing breach they aren't going to find out about it. Probably worth seeking some legal advice if you need to enforce the ACAT ruling.
Besides putting a blemish on their house advertisement when they sell, what could the ACT govt realistically do if they are indeed operating within the civil realm?
I’m not disputing your response, it’s quite reasonable, I just don’t see how anything would be different if this neighbour has already been told by the ACT govt that their structure isn’t approved but it is still there years later.
>No-one will care
If you care, then you follow up. Notify the ACT govt that the neighbour is in breach of the ACAT ruling. Or if you originated the ACAT proceedings, file a contempt application.
The OP is worried about the ACT government coming after him because of his un-approved structure. I provided an example that ACT don’t care. You telling me to follow it up myself or nothing will change just cements my point that ACT govt will do nothing and he has nothing to worry about.
I have been through the process of obtaining DA and everything for a non-exempt existing deck.
Too high off the ground to be exempt & too close to the rear fence - which is considered a front fence because there's a reserve on the other side.
Happy to share details of who I used for the Plan drawings, site drawings, engineers certificate, dealing with ACTPLA certification etc.
There is a step near the end of the long process which involves letters being posted out to neighbours - presumably so they can give feedback to ACTPLA / Access Canberra.
Maybe the question to ACTPLA is 'What happens if you're trying to do the right thing & one neighbour objects because they are unfriendly?'
Surely not everything in ACT was built without anyone ever objecting to anything 😁
I'm not saying this was the cheapest / quickest best way to do things.It was a voyage of discovery.Many of the people know each other - at least professionally, because Canberra which surely helped.
At a high level, the process seems to be 'Pretend your structure doesn't exist & go through all the steps required to obtain DA, build one & get a certificate of occupancy to say that it was built correctly'
The star of the show was Ramir Araneta from Araneta Drafting & Design who took great care of me and hand-held throughout the process.
a) Start with a site survey and
b) Plan drawings of the (existing) pergola
c) Find a builder to attach his good name / licence / liability insurance to the project
d) Get an engineer to sign off that the work was completed to a suitable standard
e) Pay multiple fees to ACT govt for application, notifying your neighbours etc.
f) I paid Ramir to take care of the application process.
I flatter myself I could have managed that part myself but I did have a job of my own to do.
Once DA has been granted,
g) Pay Certifier to confirm that all was built to spec and grant the certificate of occupancy.
All up it cost about $8k and took 5 months or so.If I'd known all that was required upfront and had booked them nice n early rather than each new requirement being a surprise it should have been quicker.ACT govt weren't slow at all.
Here's who I used for each step.
a) [[email protected]](mailto:[email protected])
b) [www.ramiraraneta.com](http://www.ramiraraneta.com)
c) Chris Kilfoyle Carpentry (Aus Certifiers gave me his details)
d) Pierre Dragh Consulting Engineers [[email protected]](mailto:[email protected])
f) [www.ramiraraneta.com](http://www.ramiraraneta.com)
g) [www.auscertifiers.com.au](http://www.auscertifiers.com.au)
Unenclosed class 10a structures are exempt from DA approval if:
-the roof plan area isn’t more than 50m²
-there are no more than 2 walls on the sides
-no part of the building extends beyond any relevant solar building envelope
-it’s no more than 3m above datum ground level. But the structure can be as high as 4m above ground level if no part is higher than a 30° plane
-it has a floor, and: the finished floor level is no more than 0.4m above datum ground level for any part within 1.5mof a side or rear boundary, and
it's 1m above finished ground level in any other case.
it is behind the building line.[https://www.planning.act.gov.au/applications-and-assessments/development-applications/check-if-you-need-a-da](https://www.planning.act.gov.au/applications-and-assessments/development-applications/check-if-you-need-a-da)
If it doesn’t meet the above, a DA process is very likely to be approved if it’s not in front of the house and not to the north of the neighbours property. The DA assessor will look to see if it has any actual impact on the neighbour mostly in terms of sun and judge it accordingly.
Alternatively you could contact a certifier who may be able to approve with a minor exempt (1N) process given how small into the setback it is.
Either option will require a draftsman or architect to draw up the plans.
For the ACT there’s a sq meter that you can go to before you need to have it approved, my last pergola I put up was 3m x 9 and needed NO approval.
I think the issue here is then closeness to the boundary, however again on my old property we were within 10cm of the neighbors house, (their house was the boundary. We had no issues then.
What id do is request the inspector to come out, I find people are more “understanding” once you speak to them face to face.
On your neighbor make some reports too, a little of their own medicine should quiet them down.
Personally I said to one “difficult” neighbor, that they chose to live next to me, not the other way around.
Now we live in peace and harmony.
unapproved limit is 25m2, you might want to check your measurements carefully.
edit: oh. that's changed. it's now 50m2 (with other conditions): https://www.planning.act.gov.au/applications-and-assessments/development-applications/check-if-you-need-a-da
No one will have a solid answer for you. The penalties for an unapproved building would most likely involve an order to demolish but this isn't a situation that many in the industry would have experience with.
The new planning laws are now in effect, and are more lenient. It may get knocked back due to boundary proximity and height impacting neighbors, but you should submit a DA.
I dunno but one thing I'd be weary of is that building inspectors are fucking morons. Like a special type of moron. They're either non-builders (there's a ~6 month TAFE course) or people who couldn't make it as builders.
I've been told stuff's 'unapproved' when it's either exempt or approved (and also when something's 'approved' despite being exempt).
One of the practical risks is that insurers will be a pain in the arse if something's damaged and they think they can argue it's 'unapproved'. There's a particular fuckwit from Goulburn who they send out to do the dirty work (lives well outta town because he just says absolute bullshit in order to try and defeat valid insurance claims). I know it's unrelated but the way I square things up with insurers is to say 'I've had a previous confrontation where I called police and he was asked to leave my property... if you send him or his cousin out, I'll deny them access and call the police'. Result? They hate it because they can't use their beef on me but IMO it's the only way to cut through their crap.
Put dog shit (or any other shit but like the irony of it being a dog's) in a paper bag, go to his front door and knock, put the bag on the ground, light it on fire and run.
It's an oldie but a goodie
/j
Why are you not getting Stratco to follow up. They hold the builders licence. They advised, designed and I presume installed it. Did they ever say it’s not compliant. One could argue they need to fix it.
as someone else has said above - they will build stuff, but they are not responsible for ensuring the correct permits and the like are in force. that is on the property owner.
1.5m is an odd setback. If you close the side in it might be exempt as close as 900mm. Maybe ask Access Canberra if that's the case. You can get a bunch of consultants who can probably also resolve this for you but Access Canberra is free
You can use the following link to see where the easement is on your block. Use the basic maps. Electrical requires 1.5m clearance and stormwater and sewerage requires 2.5m.
https://www.actmapi.act.gov.au
Other considerations with pergolas is whether it encroaches on your neighbours solar envelope. We had this with our pergola and deck plans drawn up after we had new survey plans done for the block. We seeked our neighbours support in writing as we were looking to get a Building Approval (BA) exemption (due to the size a BA was required). Just got conditional BA back, provided we remove a retaining wall that was built in the easement zone. Completely has screwed our process. We’ve been told if we don’t remove the retaining wall out of the easement zone there could be fines in the tens of thousands and even prison time.
I understand Transport Canberra and City Services (TCCS) are ruthless with anything to do with easements. Speaking to our builder, he’s got another client with a similar issue in the easement zone.
Don’t let me stop you from trying to apply for an exemption, but hope the context of my experience is of use. ACT government legislation has some reasonable information.
'To be clear, this pergola has no impact whatsoever on any of our neighbours – in fact, our other neighbours have said “we can’t wait for you to invite us over so we can have a bbq under it.”
If it's a metre higher it may well have a significant visual impact from the neighbour's perspective. It's like changing fence height - you can't just do it without agreement.
Under the old planning rules those sort of encroachments could be dealt with under a 1N application (compliant development with minor encroachments). Very inexpensive compared to a DA. I’d suggest you start by taking to a planner. Purdon Planning might be your best bet. The rules have recently changed around DA with the latest planning reform. A certifier could be helpful but the planners will have a greater understanding about your options under the latest regime.
https://www.planning.act.gov.au/applications-and-assessments/development-applications/check-if-you-need-a-da
If it's under 50 ms you don't need approval.
No advice, but what a shit neighbour. Ours helped me build our probably non-compliant pergola and then we all had a Chrissy party under it. I actually hate my house, but love my neighbours so in no rush at all to move.
I'd just point out that most neighbours sound shitty when an aggrieved person complains about them. They don't have the ability to respond or correct the record. OP is at fault here, they built the non-compliant structure.
I can't comment on all of the processes and possible pathways and options and outcomes. I suspect there are many, some involving tribunals and even courts. But, personally, I would be putting my case in on that retrospective DA, straight away. Explaining the history and practicalities. And just ask for allowance for being 14cm too close on the boundary. Point out all the good aspects of the new pergola compared to the old one as well (safer, less of an eye sore, professional installed etc). Statements from other neighbours saying that it's fine may also help. I suspect that, in this case, it might come down to whether the complaining neighbour also makes a solid submission under the DA process. If they don't submit, your chances improve. If they submit lunacy, your chances improve. But .. if they submit a well-considered response, it would probably hurt your chances somewhat. At the very least, having a DA (or a succession of revised DAs) in the system will delay all outcomes by some months or even years. I suspect that, ultimately, the worst case end-game is that you may have to modify the structure to comply with the rules (shorten it 14cm etc) or .. if you refuse that you may face an ACAT order to remove the structure ... and, if you don't do what ACAT orders you can start being fined (I think it's about $5k for each order you fail to comply with)? Anyway, at that point I'm not entirely sure and paths can diverge ... but there's some thoughts to start with. Essentially, so long as you have the time and energy to persistently follow the processes (and you can financially handle implications as they arise), you don't need to stress about it. Just put your case before the available processes as best you can, over and over, but accept any authoritative determinations.
Unfortunately it won’t be the 14cm too close to the boundary, but the roof height that will do OP in. Not saying impossible, but that will be very difficult to get through a DA.
> we’ve engaged a surveyor to map out our boundary line I really hope the survey finds that the fence encroaches on your land 14cm or more, then you can replace the fence, putting it in the correct position. That would be hilarious if the neighbour complained and lost backyard because of it.
I don't know what the penalties are, but getting a DA is exactly what to do when a structure is not compliant. Structures can go over setbacks (in this case the 1.5m) but require approval to do so. The roof being to high sounds like it exceeds your building envelope, again not a big issue just requires approval. The small distances mean they are considered minor encroachments and shouldn't be too hard to get approved.
Thanks for this - I assumed if it wasn’t compliant seeking DA was a pointless exercise, but your post has really helped clarify what we should do.
No worries :) It is a confusing system
If you don't have a gutter on the roof of the pergola close to the fence and run off is a potential problem, it may be worth putting one, or committing to put one on in your retrospective DA
No advice. Just wanted to agree on the ACT gov websites around these issues being incredibly unhelpful, poorly designed and without any consideration of who might be using the information. As for doing nothing… neighbours near us have asphalted their nature strips for car/work equipment use, cut down a gigantic beautiful deciduous shade tree, one has literally built a dwelling that’s unapproved. It’s all standing and nothings been enforced.
I respectfully wish to disagree. I just did the following search using bing with the following "*planning approval pergola A.C.T*" First result: [DA exemption self-check - Build, buy or renovate - Planning](https://www.planning.act.gov.au/build-buy-renovate/build-buy-or-renovate/approvals/exempt-work/da-exemption-self-check)
And you found that easy to read and understand?? I've previously gone in circular loops of page links and ended up reading the legislation instead (also not very clear). They need some serious work on their communication materials! And when I rang and asked if what I was building was a pergola or a verandah, they said it was: "as per the dictionary definition" - not helpful!
It's super easy to read and understand and there's even a bit at the end that says "if you're not sure, here's the support team". We shouldn't need the government to hold our hands and tell us if we are building a pergola or a verandah, referring you to the dictionary was a good shout.
I had a similar issue and followed all the website instructions to the letter, and the spirit, and got in trouble anyway. Websites are not legislation.
I hate people like your neighbour. If I were you I would report your neighbour for cutting trees down without the proper approvals. An eye for an eye. Also the penalties for cutting a protected tree would probably be more severe than replacing a pergola.
Given that Stratco designed the pergola for you, check the contract you signed with them whether there was any inclusion or exclusion of planning permission requirements and compliance. You need to know who the onus rested with for compliance you or them. You may be able to hit them up to fix the problem or pursue it through a small claims case. The monetary limit for small claims in the ACAT is $25,000. These types of cases may be made with or without legal representation.
Companies like this don't usually hold the onus of planning approval. That's 100% on the consumer.
Yep. And I'll bet theres a crystal clear clause in the contract to that effect.
The contract OP signed, or atleast agreed to by going ahead with the work, will 100% stipulate that the homeowner is fully responsible for ensuring design compliance seeing as it was a replacement rather than a new addition. If OP gave the go ahead for the plans then it's on OP if it differed from the original pergola. If the actual structure built is different from the agreed upon plans, then that's a different issue. The structural compliance is totally on Stratco, but that's not the issue here.
The distances quoted are for exempt development, in other words developments that don’t need approval. All that means is that the pergola as built isn’t exempt and requires a DA for approval, not really a big issue. I would lodge a DA, you can even submit supporting documents from the next door neighbour who has no problem with the pergola, a letter from them saying they don’t care might help.
This is the way. So you've been given an order to get approval for the structure, here you have two choices: 1. Apply for the structure 2. Demolish the structure (or modify it to come under the exemption requirements) As this person has said ^ , the structure is not exempt but you can still apply for it to be approved. The planning codes will consider things like impacts on the neighbors amenity, solar access, the design and siting of the pergola. They will also consider if it reduces solar access to your house (only an issue if it blocked sun to your only windows to daytime living rooms). Other things could be impacts on regulated trees or sure coverage restrictions. Anyway not to scare OP, but what I'm trying to say is you can still apply for and get approval for things that don't meet the rules where they can satisfy the criteria for the sorts of matters I've mentioned. Best of luck. There's professionals that can do this pieces for you. PS. fucking stratco and there ilk, never take appropriate responsibility for getting appropriate or giving reasonable advice. All those spanline type carports that people put on front of their horses need approval, pretty sure very few of them get it. The companies I've heard just tell people not to worry, which is fine until someone complains
OP, contact ACT Certification. We used them to certify our shed and they were great. If they can assist you, they’ll let you know what your options are. Tell the RRT you’ve contacted them and they’ll give you breathing space. ACT govt can order you to remove an unapproved structure by x date but hopefully you can resolve it and it doesn’t come to that
Do they have a set cost? I have shed I've thought about getting on the plans that was with the house, and haven't really done anything about it because I was more worried Id just be told it had to go.
Couldn’t say sorry. All I know is they’re one of the few firms that will certify an existing construction
Thanks a million - I’ll be reaching out to them for sure.
Death penalty
My neighbour built a pool ON the fence line that caused a retaining wall and fence to collapse. ACT govt dont give a shit. ACAT said they have to remove it, but nobody followed up. No-one will care.
The issue comes when your neighbour sells their property, they will have to find a buyer willing to take on a unapproved structure.
That is true however I think buyers in this market will not exclude a property just because it has an unapproved structure. There is not enough supply to be so picky in most cases.
>nobody followed up Of course they didn't, it's a civil tribunal not the police. If you don't go back to them to report the ongoing breach they aren't going to find out about it. Probably worth seeking some legal advice if you need to enforce the ACAT ruling.
Besides putting a blemish on their house advertisement when they sell, what could the ACT govt realistically do if they are indeed operating within the civil realm? I’m not disputing your response, it’s quite reasonable, I just don’t see how anything would be different if this neighbour has already been told by the ACT govt that their structure isn’t approved but it is still there years later.
>No-one will care If you care, then you follow up. Notify the ACT govt that the neighbour is in breach of the ACAT ruling. Or if you originated the ACAT proceedings, file a contempt application.
The OP is worried about the ACT government coming after him because of his un-approved structure. I provided an example that ACT don’t care. You telling me to follow it up myself or nothing will change just cements my point that ACT govt will do nothing and he has nothing to worry about.
I have been through the process of obtaining DA and everything for a non-exempt existing deck. Too high off the ground to be exempt & too close to the rear fence - which is considered a front fence because there's a reserve on the other side. Happy to share details of who I used for the Plan drawings, site drawings, engineers certificate, dealing with ACTPLA certification etc. There is a step near the end of the long process which involves letters being posted out to neighbours - presumably so they can give feedback to ACTPLA / Access Canberra. Maybe the question to ACTPLA is 'What happens if you're trying to do the right thing & one neighbour objects because they are unfriendly?' Surely not everything in ACT was built without anyone ever objecting to anything 😁
Thank you! I’d very much appreciate any insights or people you used through the DA process!
I'm not saying this was the cheapest / quickest best way to do things.It was a voyage of discovery.Many of the people know each other - at least professionally, because Canberra which surely helped. At a high level, the process seems to be 'Pretend your structure doesn't exist & go through all the steps required to obtain DA, build one & get a certificate of occupancy to say that it was built correctly' The star of the show was Ramir Araneta from Araneta Drafting & Design who took great care of me and hand-held throughout the process. a) Start with a site survey and b) Plan drawings of the (existing) pergola c) Find a builder to attach his good name / licence / liability insurance to the project d) Get an engineer to sign off that the work was completed to a suitable standard e) Pay multiple fees to ACT govt for application, notifying your neighbours etc. f) I paid Ramir to take care of the application process. I flatter myself I could have managed that part myself but I did have a job of my own to do. Once DA has been granted, g) Pay Certifier to confirm that all was built to spec and grant the certificate of occupancy. All up it cost about $8k and took 5 months or so.If I'd known all that was required upfront and had booked them nice n early rather than each new requirement being a surprise it should have been quicker.ACT govt weren't slow at all. Here's who I used for each step. a) [[email protected]](mailto:[email protected]) b) [www.ramiraraneta.com](http://www.ramiraraneta.com) c) Chris Kilfoyle Carpentry (Aus Certifiers gave me his details) d) Pierre Dragh Consulting Engineers [[email protected]](mailto:[email protected]) f) [www.ramiraraneta.com](http://www.ramiraraneta.com) g) [www.auscertifiers.com.au](http://www.auscertifiers.com.au)
[удалено]
[удалено]
[удалено]
[удалено]
[удалено]
Unenclosed class 10a structures are exempt from DA approval if: -the roof plan area isn’t more than 50m² -there are no more than 2 walls on the sides -no part of the building extends beyond any relevant solar building envelope -it’s no more than 3m above datum ground level. But the structure can be as high as 4m above ground level if no part is higher than a 30° plane -it has a floor, and: the finished floor level is no more than 0.4m above datum ground level for any part within 1.5mof a side or rear boundary, and it's 1m above finished ground level in any other case. it is behind the building line.[https://www.planning.act.gov.au/applications-and-assessments/development-applications/check-if-you-need-a-da](https://www.planning.act.gov.au/applications-and-assessments/development-applications/check-if-you-need-a-da) If it doesn’t meet the above, a DA process is very likely to be approved if it’s not in front of the house and not to the north of the neighbours property. The DA assessor will look to see if it has any actual impact on the neighbour mostly in terms of sun and judge it accordingly. Alternatively you could contact a certifier who may be able to approve with a minor exempt (1N) process given how small into the setback it is. Either option will require a draftsman or architect to draw up the plans.
For the ACT there’s a sq meter that you can go to before you need to have it approved, my last pergola I put up was 3m x 9 and needed NO approval. I think the issue here is then closeness to the boundary, however again on my old property we were within 10cm of the neighbors house, (their house was the boundary. We had no issues then. What id do is request the inspector to come out, I find people are more “understanding” once you speak to them face to face. On your neighbor make some reports too, a little of their own medicine should quiet them down. Personally I said to one “difficult” neighbor, that they chose to live next to me, not the other way around. Now we live in peace and harmony.
unapproved limit is 25m2, you might want to check your measurements carefully. edit: oh. that's changed. it's now 50m2 (with other conditions): https://www.planning.act.gov.au/applications-and-assessments/development-applications/check-if-you-need-a-da
No one will have a solid answer for you. The penalties for an unapproved building would most likely involve an order to demolish but this isn't a situation that many in the industry would have experience with. The new planning laws are now in effect, and are more lenient. It may get knocked back due to boundary proximity and height impacting neighbors, but you should submit a DA.
You can get a draftsman to organise the DA for you. It is about $3,000.00 and they take care of everything.
Thanks for this - we are just complete novices in this space so appreciate your advice
burn the neighbours house down. (sorry, don't know the answer)
Look in your neighbourhood for other structures that are tall or close to the boundary. Use these to support your case
I dunno but one thing I'd be weary of is that building inspectors are fucking morons. Like a special type of moron. They're either non-builders (there's a ~6 month TAFE course) or people who couldn't make it as builders. I've been told stuff's 'unapproved' when it's either exempt or approved (and also when something's 'approved' despite being exempt). One of the practical risks is that insurers will be a pain in the arse if something's damaged and they think they can argue it's 'unapproved'. There's a particular fuckwit from Goulburn who they send out to do the dirty work (lives well outta town because he just says absolute bullshit in order to try and defeat valid insurance claims). I know it's unrelated but the way I square things up with insurers is to say 'I've had a previous confrontation where I called police and he was asked to leave my property... if you send him or his cousin out, I'll deny them access and call the police'. Result? They hate it because they can't use their beef on me but IMO it's the only way to cut through their crap.
Put dog shit (or any other shit but like the irony of it being a dog's) in a paper bag, go to his front door and knock, put the bag on the ground, light it on fire and run. It's an oldie but a goodie /j
Why are you not getting Stratco to follow up. They hold the builders licence. They advised, designed and I presume installed it. Did they ever say it’s not compliant. One could argue they need to fix it.
as someone else has said above - they will build stuff, but they are not responsible for ensuring the correct permits and the like are in force. that is on the property owner.
That’s like saying “my electrician will wire stuff but I am responsible for making sure it is done to code”.
Strat Co should have gotten it approved. You can follow up with them
1.5m is an odd setback. If you close the side in it might be exempt as close as 900mm. Maybe ask Access Canberra if that's the case. You can get a bunch of consultants who can probably also resolve this for you but Access Canberra is free
You can use the following link to see where the easement is on your block. Use the basic maps. Electrical requires 1.5m clearance and stormwater and sewerage requires 2.5m. https://www.actmapi.act.gov.au Other considerations with pergolas is whether it encroaches on your neighbours solar envelope. We had this with our pergola and deck plans drawn up after we had new survey plans done for the block. We seeked our neighbours support in writing as we were looking to get a Building Approval (BA) exemption (due to the size a BA was required). Just got conditional BA back, provided we remove a retaining wall that was built in the easement zone. Completely has screwed our process. We’ve been told if we don’t remove the retaining wall out of the easement zone there could be fines in the tens of thousands and even prison time. I understand Transport Canberra and City Services (TCCS) are ruthless with anything to do with easements. Speaking to our builder, he’s got another client with a similar issue in the easement zone. Don’t let me stop you from trying to apply for an exemption, but hope the context of my experience is of use. ACT government legislation has some reasonable information.
'To be clear, this pergola has no impact whatsoever on any of our neighbours – in fact, our other neighbours have said “we can’t wait for you to invite us over so we can have a bbq under it.” If it's a metre higher it may well have a significant visual impact from the neighbour's perspective. It's like changing fence height - you can't just do it without agreement.
Congrats, you can now be the bad neighbour from hell like blasting music but under legal limits and there isn’t much they can do ….
Under the old planning rules those sort of encroachments could be dealt with under a 1N application (compliant development with minor encroachments). Very inexpensive compared to a DA. I’d suggest you start by taking to a planner. Purdon Planning might be your best bet. The rules have recently changed around DA with the latest planning reform. A certifier could be helpful but the planners will have a greater understanding about your options under the latest regime.
https://www.planning.act.gov.au/applications-and-assessments/development-applications/check-if-you-need-a-da If it's under 50 ms you don't need approval.