Join Login
Building ForumBuilding A New House

KDR complications

Page 1 of 1
Can the council and/or neighbours object to the KDR of a house which has been bought with that intention? How can one cover for these complications before hand?
Not sure where you are but here in Melb you need a demolition permit, which i don't believe has provision for neighbour objection (unles you are breaching some heritage overlay).

When you design your new house it also depends on whether you need a planning permit or not. If a single dwelling that complies with the building regulations then you just need a building permit which has no provision for neighbour objection.

If you need a planning permit (eg subdividing or other bigger changes) then you have to advertise it the neighbours can object and usually do

That was my experience anyway.
brokenstick
Not sure where you are but here in Melb you need a demolition permit, which i don't believe has provision for neighbour objection (unles you are breaching some heritage overlay).

When you design your new house it also depends on whether you need a planning permit or not. If a single dwelling that complies with the building regulations then you just need a building permit which has no provision for neighbour objection.

If you need a planning permit (eg subdividing or other bigger changes) then you have to advertise it the neighbours can object and usually do

That was my experience anyway.


Valuable inputs, thanks.
Yeah it depends if its a CDC or DA.

Build under CDC regulations and the neighbors will just get notified before the start of the work.
Build as a DA and there is period where the neighbors can submit concerns about the building before you get approval.

You have more flexibility in what you build if its a DA thus the consultation period, it will also be judged under local council rules if DA, where a CDC design is already approved.
luxbuild
Yeah it depends if its a CDC or DA.

Build under CDC regulations and the neighbors will just get notified before the start of the work.
Build as a DA and there is period where the neighbors can submit concerns about the building before you get approval.

You have more flexibility in what you build if its a DA thus the consultation period, it will also be judged under local council rules if DA, where a CDC design is already approved.


Thanks, but can the neighbours only suggest changes or can they outright refuse for the house to knocked down? The last thing we would want is to be stuck with a rundown property which we bought for KDR
With a CDC build you just tell the the neighbors "we are knocking down the house and building a 2 story dwelling and its going to get approved in 14 days. You can come and talk to us about the build but we are under no obligation to make any changes".

So you will able to do a CDC build that's approved, but it comes with restrictions such as setback etc.

If you want to locate it differently in the block, even without changing the house design you would have to get a DA and then there is a consultation period for the neighbors, you will be subject to local council rules so might need to change the design to suit and you'll also get involved with tree protection rules.
I don't think they can stop you from doing a KDR even with a DA, but you might need to make changes if windows are overlooking etc.

Life is easier with a CDC but you might need to go via DA for other reasons.

edit: A CDC build obviously has a much quicker start time, since with a DA you will need to add a few months and likely have to add tender extension costs etc.
One of my friends in our street did a KDR to subdivide and build 2 dwellings (sell one and live in the other). All 3 neighbors objected due to overlooking, shading etc, and the council rejected their application.

They had several meetings with council (attended by the neighbours) and had to change their design several times, after which it was approved by council. One of the neighbors in particular was very difficult and unhappy with the result, but once approved they could go ahead and build

All up the process took many months and cost them quite a bit due to delayed build and design changes, which they hadn't accounted for
Subdivision is a much more complicated process than just a straight knock down rebuild though.

For our knock down rebuild (Wollongong Council) we did separate applications. The first was for approval to knock down, the second for approval to build.


  1. Application to demolish made, no advertising required, application approved within 14 days. Neighbours did not receive notification, but I had verbally told them and follower up with a letter.
  2. Development Application made. Assessed by council, no advertising required, neighbours not notified, approved in 21 days.



In our case, the build was within the CDC specs, but as about 1sqm of our block (which was actually one the council verge) was classified a low flood risk area, we needed a DA. The neighbours weren't even notified by the council of the DA application being lodged.

We did however, provide both neighbours with a copy of the plans at the same time as we lodged the application.
Related
28/09/2023
8
Carlisle KDR site cost after second soil test

Building A New House

We were lucky in that our old house was so small (86 square metres) compared to the new house, they were able to take enough readings around the old backyard house before…

21/09/2023
2
KDR - Home Equity Loan vs Construction Loan

Home Finance

The biggest challenge will be if you take out a loan and then run out of money - you'll have an incomplete security and lenders do not like this so you can get stuck.…

21/09/2023
0
KDR - Looking for feedback on Kialla Homes

Building A New House

Hi, I am looking into doing a KDR in Melbourne and am contemplating using Kialla Homes. I am looking for feedback on them from others who have built with them.

You are here
Building ForumBuilding A New House
Home
Pros
Forum