Browse Forums Renovation + Home Improvement 1 Jul 13, 2017 10:14 pm . In 2015 I submitted a request for a DA modification to Council to change the use of my attic conversion from non-habitable utility room to bedroom. The DA mod for change of use was approved by Council the same year with the condition I get an Occupation Certificate. I would have to make thousands of dollars of modifications to bring the attic conversion to the required standard for a bedroom before applying for the O.C. The conversion was done in 1993 but unknown to me the builder did not get the necessary council inspections and certification so it has been deemed 'incomplete' by Council. Council tells me I need to get the frame and electrics certified then get Council to do their certification. Since Councils in NSW are responsible for all pre 1999 constructions I am tied to using Council as the Certifying Authority. I am looking at selling my house at the end of the year. I don't want to outlay the thousands of dollars to do the changes and would like to reverse the DA to change the use back to 'utility room' so I can get the 1993 works certified and signed off by Council. The Council building inspector says I cannot have the use changed back and won't inspect it as a 'utility room'. He swears I have to go ahead and spend the $$$ to bring the attic room upto habitable bedroom standard. He says I can't go backwards. It doesn't seem logical. Can anybody please advise? Re: Legal Question - Can I rescind/reverse a D.A modificatio 3Jul 13, 2017 11:21 pm Council won't allow a new DA. It has to be done using the existing DA as the original works were not signed off by Council in 1993. Legal Question - Can I rescind/reverse a D.A modification? 4Jul 14, 2017 12:32 am Scottishdave Council won't allow a new DA. It has to be done using the existing DA as the original works were not signed off by Council in 1993. Man, this is your house and you changed your mind. It doesn't look like you are trying to do anything underhanded so exactly what is their issue? Do they think you are going to allow occupancy without the correct work being done or is it something else? Last time I check we lived in a democratic free-market country and it should be OK to do what you want as long as you are not doing anything illegal or dangerous! What am I missing here? I work with owner, he/she is my man on the ground and I instruct them when to visit the site and take photos and I have other tools in the bag. 4 15019 2 10940 |