Browse Forums General Discussion 1 Sep 14, 2014 10:16 am A couple of years ago, many of my neighbours and I put in submissions which objected to my next door neighbour's DA for an oversized development. Council's Planning department thankfully negotiated a more acceptable design which has since been built to everybody's satisfaction. My next door neighbour has now taken it upon herself to payback all those who did submissions to her DA (mostly asking that the design be scaled down) by making compliance complaints to Council. One of the complaints laid against me is that the staircase to my upstairs bedroom does not have a balustrade or railing (which was signed off as fully compliant by Council in 1993). Back in 1993 there was no regulation against having "open" staircases. The Council compliance inspector did an inspection of my property yesterday and ordered that I must put up a balustrade as per the BCA regulations. http://www.ozstair.com.au/design-centre ... gulations/ My house is 130 years old. The question is, how many years back can Council Compliance officers go in making your house "compliant"? Re: How many years back can Council's compliance go? 2Sep 14, 2014 11:27 am Tricky one. I'd say you should not have to change it if it wa compliant at the time of building (and it passed then). When we renovated our verandah we were told if we left the raling (which now doesn't comply to the 1m hieight) it's OK but if we took it out we'd have to replace it with a 1m one. Imagine if everyone had to replace everything in their house that was now non-compliant! It would be impossible- It would mean replacing EVERY window in properties over 20 years old, every railing, verandah, wall(asbestos), roof. Can't be done. Ask council to check their compliant records. Good luck. Hopefully common sense prevails. Re: How many years back can Council's compliance go? 3Sep 14, 2014 2:17 pm Scottishdave Council's Planning department thankfully negotiated a more acceptable design which has since been built to everybody's satisfaction. Obviously not everyone. It's a low act by your neighbor, but I have to apologize cause I also think its a little bit funny. Re: How many years back can Council's compliance go? 4Sep 14, 2014 8:15 pm I don't know that your information is correct. From your other thread I believe you're in NSW and I don't have regs for there - but I certainly have my old Victorian building regs from that period and a balustrade was required. I don't believe from memory that the states differed in this requirement. I'd question how a staircase in a dwelling was signed off as being compliant without any balustrade. The only changes to regs around balustrades made since then have been for height and requirements around distance between rails etc. It sucks but this is the risk you take when exercising your rights in the process instead of considering implications of being difficult with people you are going to end up living next door to for years. Completed a knock down and rebuild in northern Melbourne. Handover completed 27/09/2013 and now moved in. Re: How many years back can Council's compliance go? 5Sep 14, 2014 8:26 pm Actually let me correct that - the BCA came in in 1990 replacing the state regs and I've checked and yes a balustrade was certainly required. So how did you get a staircase certified as compliant in 1993 without one? Completed a knock down and rebuild in northern Melbourne. Handover completed 27/09/2013 and now moved in. Re: How many years back can Council's compliance go? 6Sep 15, 2014 2:36 pm Scottishdave My next door neighbour has now taken it upon herself to payback all those who did submissions to her DA (mostly asking that the design be scaled down) by making compliance complaints to Council. I presume the oversize development she wanted did not meet the planning guidelines, so to retaliate because she did not get her own way is childish to say the least. Scottishdave My house is 130 years old. The question is, how many years back can Council Compliance officers go in making your house "compliant"? Compliance logically can only go back to the time when the compliance was given (if any). The exception to this would be safety issues. Eg, In Qld, all homes must retrospectively fit a smoke alarm, even though this was only made a compliance law around 2000 or so. Same applies to electrical safety switches on Meter boards. I believe state/federal safety requirements mandate that all stairs must have a railing if higher than one metre. Having said that , I think if you drive a vintage car that has no seatbelts, they cannot make you install them. Australian Design Rules for vehicles make their own place in our regime of safety laws. Go figure. For anyone that comes across this issue in the future - Just did what aussieta said and found a plumber to inspect it and sign off on it. Was difficult to find someone to… 3 7040 From a pure legal perspective, if you've signed the variation, it is a very high bar to have it set aside. No-one can give you legal advice on a forum, but you would need… 3 5480 |