Class 3 rooming house Occupancy Permit Problem

Hello everyone!

We need your advice.
We are owner builders. I have a house that I want to convert it to be a rooming house with 9 rooms, accommodating a maximum of 12 people. However, the house has a floor area of 327 square meters, which classifies it as Class 3. But initially, my building surveyor classified it as Class 1b, and I obtained the final inspection certificate based on their requirements. Now, the council has realized the mistake and says it should have been classified as Class 3. They have issued a building notice, stating that I need to obtain a Class 3 building permit, which requires acoustic level testing and meeting Class 3 fire safety requirements. Unfortunately, this existing house that I cannot fulfill these requirements. I'm wondering what to do in this situation. I believe I am a victim in this matter as I followed the instructions of my building surveyor. Is there still hope for me to obtain a Class 3 occupancy permit?
Looking forward your comments.
Many Thanks
Karen

get a lawyer

Are you in Victoria? Have you got a Town planning permit?
You may contest the building notice and take it all the way to Building Appeals Board, there is no guarantee of success but its a chance.
Its always best to have a meeting with your municipal building surveyor to see what can be done, if you ask them nicely they may assist you especially if they have discretion.
The alternative is a legal dispute with your building surveyor.
Good luck.

Thank you very much for your advice! Have a nice weekend.

Yes I am in Victoria and I have the town planning permit. Thank you for the advice!

What about your building designer? Why did not the design have correctly allowed for a rooming house?

Hi, At the beginning, there was no intention to create a rooming house if I knew this before I would build less the 300 square meters. This extra 27 square meters just give me too much headache.

Can't you re purpose 27m2 as storage?

Hi Karen, I’m not sure council can overrule the NCC limit as this relates to building safety. I’m also surprised that you can do this as an owner builder as it is a commercial project. Don’t mention that to them, you don’t need more headaches.

I can’t think of a good way around it.

The council is only interested in town planning and OP has planning permit
The municipal building surveyor is required to act if there is a danger to life and property.
In this case it was picked up that the existing dwelling has change of use but due to requirements it does not comply.

There is a chance to comply with altenative solution and OP should pursue that

You are absolutely correct! Council has already done safety inspection such as smoke alarms, emergency lights etc…
Now my private building surveyor in charge of this once I comply with the class 3 requirements then he can issue me the occupancy permit.
Again Acoustic, fire safety these things just makes me headache.

If I couldn’t meet the requirements of acoustic testing or fire safety requirements do you think I could apply for alternative solution? Apply with municipal building surveyor or RBS? Thanks

I don’t think so as the floor area over 300 square meters then it is class 3….