Retrospective Council Approval SA Services
Looking to get an unapproved building approved in Adelaide?
SAVE YOURSELF THE HASSLE
Buying or selling a property comes with many challenges. In some instances, property owners might not be aware that unauthorised building works are present on the property which did not have prior council approval from the relevant local government authority.
When you want to build a new structure, the last thing you want is for the process to be long and drawn out. Unfortunately, for some people here in Adelaide, that is exactly what happens when they try to get an unapproved building unauthorised structure approved.
FIND OUT IF YOU NEED APPROVAL
If you encounter this issue, your option is to demolish the unauthorised structures or apply for a retrospective planning approval. You can coordinate with your local council to determine whether retrospective approvals are needed. Most likely, your local government will require you to have either planning or retrospective building permits.
For a smooth-sailing retrospective approval process, you should enlist the help of a legal advisor or an independent building surveyor to conduct a site inspection before buying or selling your home. A registered building surveyor can help ensure that you have the necessary building compliance certificates and manage the construction process to fix non-compliant building work.
If you're seeking retrospective council approval, My Building Consultants has the right kind of experience to do the job. We can help get an approval for any structural addition on your property.
What is a retrospective approval for unapproved work?
Unapproved building work is any building work conducted without approval from your local authority that may or may not conform to regulatory standards.
This situation is often revealed only when a homeowner contemplates the sale of property, or a potential purchaser seeks information about the building work that has been conducted.
In some cases, this has eventuated in the failure of sales contracts. In other cases, members of the public may inform the local authorities if they suspect illegal building work has been conducted. A council official will follow up and issue the homeowner with notification.
Approval must be sought for Alterations or Removal of any Internal or External Structural Element such as Walls, Roof, or changes to Wet areas.
APPLYING FOR RETROSPECTIVE APPROVALS: THINGS TO CONSIDER
Below are some of the common compliance requirements that you need to consider when applying for retrospective building approval.
Planning Permit
A planning permit is a type of document that provides you consent to develop land or start any work for a new build, renovation or extension. It depends on your local or state council if a planning permit is required.
Building Approval Certificate
An application for a building approval certificate must be filed if you wish to obtain approval for unauthorised structures. It is submitted together with a certificate of building compliance issued by a surveyor, copies of all plans, and other necessary approvals.
Building Permit
Also known as a development approval, this type of permit is needed if you intend to undertake some development activities on your property. The permit grants you consent to plan and build on your property. Home projects such as garden sheds, fences and decks don’t necessarily require approval.
Building Code of Australia
The Building Code of Australia and the Australian Standards establish the technical requirements for building construction, design and performance. To comply with the BCA, your development should prove that it is structurally adequate, fire resistant, energy efficient, and safe for occupants.
What we do for you
We can determine the feasibility of obtaining Retrospective Building Approval and be able to assess the extent of work required to achieve that goal
If you wish to engage our services further, we are able to:
- Provide a Quotation for work to be conducted
- Negotiate with Council authorities on your behalf
- Draw Plans of the project and submit for approval
- Oversee and/or conduct any remedial work required
- Sign-off completed work and issue a Certificate of Occupancy
benefits of our unapproved building work service
- Retrospective approvals for habitable and non-habitable structures
- Structural design work analysis, advice and recommendations
- To mediate on your behalf with council authorities
- Peace of mind knowing your building is approved and now legal
- Professional structural assessments to confirm if property can be certified
FAQ
You can build a shed or workshop in South Australia as an extension of your property without council approval if it’s no more than 15 square metres, or higher than 2.5 metres above the natural ground level. Car ports, however, may need development approval, prior to any building or installation work. To check if you need council approval, PlanSA has a helpful assessment tool on its website.
The “7 year rule” is based on Section 157(4) of the Planning and Development Act of 2000, which states that local authorities can no longer issue a notice of intent or demolition order, as well as penalise a builder, seven years after the unauthorised construction. In order to prevent a local council from issuing a notice or to avoid becoming the subject of a legal action, you may ask for retrospective approval to legitimise the unauthorised construction work.
Generally, as mentioned above, the time limit is 7 years. Some homeowners who have bought old houses, usually do not encounter unauthorised building works as a problem. However, it is still best to double-check with your local council in case you need retrospective permits to prevent issues in the long run, especially if you plan to resell your house.
According to the PlanSA website, it takes between 10 to 20 business days for the assessment to be performed. Generally, the entire process, from the time the development application has been submitted to the approval stage, takes about 12 weeks on average.
