Browse Forums Renovation + Home Improvement 1 Nov 29, 2015 7:38 pm I bought a small terrace with an attic converted bedroom in 1998. The attic conversion was done in 1993. I saw the approved DA, the paperwork from the builder etc and all seemed in order, or so I thought. Recently, due to me not allowing my neighbour to build a 3m boundary fence that would shade out my small courtyard in winter, she submitted a compliance complaint to Council which stated that my 1993 attic bedroom DA had a condition stating that it was not to be used for habitable purposes. Apparently she knew from the previous owners that it was deemed as a "Utility Room" by Council. The compliance officer was fair and said everything was fine as I had been using it as bedroom for close on 18 years with no issues. My neighbour lobbied the compliance manager for months and finally I got a "Notice of Intention to Send an Order" so I had to vacate the attic bedroom. In a phone call, a few heated words were exchanged with the Compliance Manager and I made a bit of an enemy of him. He warned me I would never get the use of the attic room back. At the suggestion of my local councillor, I got a PCA to do me an alternative solutions report to allow me to apply for a s96 for change of use from "Utility" to "bedroom". The s96 was approved on condition that I get an Occupation Report. The planner doing the s96 said the attic was obviously built as a bedroom that matched the BCA standards in force in 1993. He didn't see why the Compliance Manager was so stringent in stopping me use it. There are a few catches in being able to obtain the Occupation Certificate though: 1. Council could not find the Construction Certificate on file for the attic conversion build in 1993 2. The previous owner and builder cannot be tracked down 3. Council says that since there is no Construction Certificate, the building was never finished so therefore they are the appointed PCA responsible for issuing the Occupation Certificate. 4. The Occupation Certificate will be done by one of the Compliance Manager's staff. The Compliance Manager has let it be known he will be "reviewing" the Occupation Certificate process to be "sure everything is compliant". All aspects of the attic conversion now require compliance with the 2015 BCA standards not the ones in operation in 1993 when the attic was built. 5. Knowing I may face an uphill battle with the Compliance Manager , I have requested, through my local Councillor, to ask Council if I can switch to an external PCA. Council came back saying no as there is no evidence of a construction certificate. 6. Via an s96 submission, my neighbour "pre-armed" the Compliance Manager with a list of "compliant in 1993 not compliant in 2015" items including an air conditioner which is plug-in not hard wired, insulation thickness compliant in 1993 not 2015, staircase and bannisters no longer compliant, no electrical certification etc 7. Council wants to charge me 4 hours to "Read" the Alternative Solutions Report that is only 10 pages thick. If I had a 1993 Construction Certificate I could switch to a fairer, external PCA with no problems. Does anybody have any ideas or solutions that will allow be to get around this issue? Re: Legal Query-Need Occupation Certificate on old renovatio 2Dec 01, 2015 8:41 am You need to look at the currect BCA ( now NCC ) and have a close look at all the issues that will be non-compliant. Maybe engaging the same PCA to go through them with you ( for a fee of course ) then finding out how much it will cost to rectify these issues. Bringing this room up to standard with things like the insulation and the stairs will be to your benefit in the long run although a pain in the neck short term. The extra money you spend doing this will ultimately make your place safer, warmer in winter- cooler in summer etc etc I'm sure getting a sparky in to test the wiring and give you a certificate wouldn't cost a lot either As an aside, being a hothead when dealing with local authorities will be to your detriment which is why you are in the predicament you are in. When dealing with anyone in the council ( or anyone else for that matter ) always try to keep a cool head and a civil tongue. Most people will try to help you which is what I have usually found in the past and will likely let you get away with more that they would normally. Stewie Re: Legal Query-Need Occupation Certificate on old renovatio 3Dec 02, 2015 6:08 pm So does the compliance manager come and see where you bed down for the night and come and check on you hourly? I'm sure under your house is not habitable either,but if you want to sleep with the rats and use a stump for a pillow who's to say you can't. Don't poke the bear. Re: Legal Query-Need Occupation Certificate on old renovatio 4Dec 04, 2015 6:06 pm Thsi highlights the importance of due diligence when buying properties. Quote: 5. Knowing I may face an uphill battle with the Compliance Manager , I have requested, through my local Councillor, to ask Council if I can switch to an external PCA. Council came back saying no as there is no evidence of a construction certificate. I'd double check re using an external Certifier. Dont trust anything council ever tells you. Re: Legal Query-Need Occupation Certificate on old renovatio 5Dec 21, 2015 1:39 pm Sounds like your neighbour has a sound understanding of the term "leverage", and thus has effectively placed you over a barrel. They wouldn't happen to be a lawyer by any chance? Apart from the advice already given by others I have nothing to add, other than good luck and let us know how you get on. Building Services Engineer Renovating our 1960's modernist home in Brisbane https://forum.homeone.com.au/viewtopic.php?f=53&t=82091 Joe, it depends on your certifier but we are noticing the ones we deal with are really cracking down. So i would recommend you follow your approved landscaping plans to… 4 6776 Hi Simeon, Thank you for laying it down for us. Makes sense. Appreciate it very much. Have a nice day. Cheers 2 5189 Hi all Am new to this forum. I want to get some ideas/info about how to manage an 80 year old factory restoration to convert to a residence. The factory floor is concrete… 0 3418 |