Browse Forums General Discussion 1 Feb 13, 2011 6:06 pm I bought my house 2 years ago and after purchasing found that the previous owner had built a large shed with a concrete floor over an easement. This wasn't picked up before we bought the house. I also can see that my next door neighbour's house also has a large shed on the same easement. I would like to use part of this shed as a home theatre room by putting timber framework internally with sound proofing, plastered walls and carpeted floors. My questions are: 1. Is it possbile that my shed is built with approval from the council? I have no records of approval in the section 32. 2. Would the council ask me to remove the shed if I had discussions with them about my shed? 3. If it is a legal structure would the council allow me to convert part of the shed into a home theatre room? 4. If I converted the shed without telling the council, would I have problems if I decided to sell the house in years to come? I have always wanted a dedicated home theatre room and it would be great if I could use this large shed (10mx7m) that is currently being used for nothing. Re: Building on an easement 2Feb 13, 2011 6:16 pm Hi Here are some answers 1. Its not unusual for sheds to be built over easements with or without permission so the only way to find out is to ask. 2. The council are most unlikely to ask you to remove the shed straight away (even if permission has not been granted) as long as there is an understanding that the shed will be moved if they need to repair the pipe under the land. 3. You should be able to ask for a build over permit if you want to upgrade it to more than a shed. 4. Its better to ask now rather than do the wrong thing and have to live with the consequences either of having to take it down or have trouble selling. In practice it is most unlikely to need to remove sheds etc these days UNLESS the shed/garage/etc is built over a Manhole. The Harder You Try - the Luckier You Get ! Web site http://www.anewhouse.com.au Informative, Amusing, and Opinionated Blog - Over 600 posts on all aspects of building a new house. Re: Building on an easement 4Feb 13, 2011 7:09 pm A build over permit is a permit to build over a sewer. These are sometimes granted subject to certain conditions which vary from Council to Council and Water Authorities. I can't predict what the council will say as they are all different The Harder You Try - the Luckier You Get ! Web site http://www.anewhouse.com.au Informative, Amusing, and Opinionated Blog - Over 600 posts on all aspects of building a new house. Re: Building on an easement 5Feb 13, 2011 8:31 pm I doubt very much that you will get approval for a theatre room. Generally you can only get consent to build an easily dismountable shed, carport or verandah over an easement, a theatre room is considered a habitable room and a definate no no. Living in my Burbank terrace at Aurora Re: Building on an easement 6Feb 15, 2011 7:17 pm I think that you are correct. I found that on the council website it states that a building on an easment must not be a 'habitable dwelling'. I think that this rules out my idea of converting my shed into a home theatre. Just say that I decided to convert my shed without council approval because I do not plan on moving for many years. Are there any other risks that I may encounter besides when I want to sell? I bought the house without the knowledge that the shed was built on an easement without council approval. Someone else cold buy the house in 2025 and also not be aware that the home theatre converted shed is built on easement without council approval. You should be able to encase the sewer but you will need it designed and approved and access to lot 580 to do the work 2 17154 You might be able to apply to divert the sewer at your expense. In NSW you would contact a Water services co-ordinator and they would give you advice as to whether or not… 1 16145 Thanks - yea sounds like I need to submit build over easement application....ugh guess I better start finding someone who can do the engineering drawings 3 3357 |