Browse Forums General Discussion 1 Feb 16, 2007 8:50 am Hi, I have an odd situation I’m hoping someone can help me with. I apologise this is quite a long story and complicated story! We are building in Victoria.
My grandmother has offered my fiance and I to build on one title of the family farm. My grandmother’s name is on the title and knowing it’s my inheritance I’m not fazed about having it signed over to me. For this reason we were unable to take out a mortgage so decided on a cheap option – an American Barn as a class 1 building. After telling our local council about the situation, they assured us we were able to build as Owner Builder. We went ahead and ordered the barn, had plans drawn up, and took out a small personal loan, which together with our savings would be enough as Owner Builders. Planning permit was approved, soil tests done, energy rating done and all documents were submitted for building permit. I received a letter from the council that they required an Owner Builder application. I began to fill it out but stopped at the stat dec. No, we were not the owner of the land and were not able to build as Owner Builder despite the council assuring us we could. $ 20,000.00 spent and we had problems. After a lot of messing around we were told by the council if we had a licensed builder construct the slab and frame, and as long as the rest of construction was below $ 12,000.00 we were able to get a building permit. Again we were assured the $ 12,000.00 did NOT have to include cost of the plumber and the electrician. With that in mind we knew we’d easily come in under $ 12,000.00. We went ahead and signed a contract with a builder and were approved the 1st stage of the building permit. Currently the slab is done, frame erected, and windows and doors being installed next week. 2 days ago I took my list of items and prices left to complete the barn and to my horror the council told me I had to include the cost of the pluming and electrical work. There’s not a chance all this can come in under $ 12,000.00. The council had two solutions to offer me. One is to have the land signed over to me to complete it as Owner Builder in which case I’m annoyed about the extra money it’s cost us for the builder thus far. Also, if that were the case we could have gotten a mortgage and build a nice house. The second solution is to hire a builder to complete it, which we can not afford. The building guy at the council has constantly gone back on his word and doesn’t seem to have the knowledge a man in his position should have. He’s trying to find another way for us but I no longer trust anything he has to say. Does anyone know of any way other than signing the land over to me or hiring a builder? Or does anyone know of the $ 12,000.00 rule? I appreciate any input anyone has to offer. Thanks, Lauren. Re: Help please - problems with building permit. 2Feb 16, 2007 12:51 pm Hi Lauren.
I'll stress that I know NOTHING about legal matters, but is there a reason the house cannot be built in your grandmothers' name? If it's her land, I assume there's no problem putting a house on it in her name. I realise it may be more complicated than that - esp if you are claiming first home owners grant etc, and possibly affecting her "assets" if she is receiving government payments, etc. Sorry you've been given the run around, it must be so annoying getting to a point you assume is ok, and be told no after spending so much money! Ray. Second Time 'Round Re: Help please - problems with building permit. 3Feb 16, 2007 1:01 pm Thanks for the reply. Having the barn build in my Grandmothers name was another option suggested to me by the council as Owner Builder. I filled out the application for her and got to a question "Do you plan on living in this property?" Of course she wont be so another no go. We are trying to do this as cheap as possible due the fact we cannot get a loan. We plan to save what we'd otherwise spend on mortgage over the next 5-7 years and build a house outright. I'm really at a loss of where to go from here. Seeing my dream partly built and not knowing when it'll be finished is so upsetting. Also, no first home owners, I've already had that with a previous house I bought several years ago and have since sold. Re: Help please - problems with building permit. 4Feb 16, 2007 1:16 pm I don't see what her living in the house has anything to do with it! So can no one build a house if they don't intend on living in it?
What a load of cr@p! I hope something works out for you. Ray. Second Time 'Round Re: Help please - problems with building permit. 5Feb 16, 2007 1:27 pm To build a house as an Owner Builder you must intend to live in the house as you are unable to sell it for 6 years. I feel I now have more knowledge on the subject that my towns coucil! Re: Help please - problems with building permit. 6Feb 17, 2007 4:15 pm Laurin you need to sit down with a solicitor with knowledge in this field and get everything sorted out.
The only way I can see is if the title is signed over to you & you proceed as an owner builder. Peter Clarkson - AusDesign Australia www.ausdesign.com.au This information is intended to provide general information only. It does not purport to be a comprehensive advice. No, not yet. It’s currently being assessed by our building surveyor 4 6326 Looking to start the journey of becoming an owner builder in SA. Feeling pretty (overly) confident on the building and construction details, but really struggling to find… 0 8419 You wont need a permit to put in non loading partition but you will need a licensed plumber and a licensed electrician 1 6642 |