Renovating Without Council Approval 

In our last blog, we described the rules and regulations regarding renovations. In this article, we outline some consequences of building without first obtaining council approval. There are typically two reasons why a renovation doesn’t succeed. The first one is monetary and the second involves council rules. While it is tempting to spontaneously order materials and pick up tools, if this isn’t your usual work role, supported by a relevant qualification, be very cautious. A word of advice is to wait until your improvements are approved before breaking ground. Being patient in the short term can save considerable heartbreak in the long term.

critical factors to be aware of:

THE COUNCIL MAY DEEM YOUR STRUCTURES OR RENOVATION ILLEGAL

If you do any new construction on your site that may potentially affect others, you will most likely need some kind of council permission first. The time you spend researching this will be well rewarded as proper planning prevents poor results.

You should not start work without a building permit. The building surveyor will assess your application and either request changes to ensure the plans and specifications comply with building regulations, or they will grant the building permit, allowing building work to start.

We all know someone who has conducted a construction or modification without requisite council approval. If the work is not done by a licensed builder or tradesman you run a high risk of renovating incorrectly. This can involve structural damage, plumbing, drainage issues and electrical faults. An approved and properly planned structure will help you avoid many mistakes before they arise.

If you find someone in the Trading Post, classifieds or Facebook who is willing to undertake building services (i.e., any modification or structural change) without proper approval, your renovation could be deemed an illegal structure.

CONSEQUENCES WHEN YOU NEED TO CLAIM INSURANCE 

As unapproved renovations are illegal, your insurance company won’t recognise them as a part of your property. If the renovation is beset by fire or flood, or inflicts harm to others, your insurance company will not honour any claims. Even with public liability insurance, you will not only have to pay for your own damage, but also damage to third parties. 

HEADACHES WHEN YOU RESELL

When it is time to sell your property any illegal building works will cost you money. When both parties check council records during settlement and they don’t match what’s on your property, it is in fact your responsibility to bring all illegal works up to current standards. This can destroy a sale and leave you to pay for all the repairs or in some cases demolition. A key point to be aware of is that if a person injuries themselves during an inspection the property owner is liable for damages. 

RETROACTIVE APPROVAL FOR BUILDING WORKS

It is not always the case that you can acquire retroactive approval for illegal building works. Sometimes council will issue building certificates, allowing structures to stay for five years if they pass inspection.

OCCUPATIONAL HEALTH AND SAFETY

Serious safety precautions are the expectation with all renovations because the property owner is responsible for workplace hazards, accidents, and deaths on site. From a safety point of view, electrical work carries with it an electrocution risk, while asbestos exposure is known to cause a form of lung cancer called mesothelioma. Unlicensed plumbers run the risk of burst pipes, water damage and contributing to rising damp. Tradesmen also risk the possibility of falls, when entering unstable external structures or when operating at heights. 

While it is understandable you would want to carry out a renovation at the lowest possible cost, cutting corners by engaging unqualified tradespersons can end up costing much more.  This cost is not only monetary it can also involve the loss of human life. An example is the Energy Efficient Homes Package in 2009, which introduced savings on insulation bats and led to four deaths. This package breached the workplace health and safety act and the electrical safety act and was ceased. 

In conclusion, if you’re thinking of a future renovation always use authorised tradespersons and develop all your building, budget and council plans prior to action. This is not a time to get emotional and there is no reason you can’t get an independent assessment before and during the work.  Our simple advice to those thinking of using unauthorised tradespersons to perform works is: don’t. This could result in serious fiscal harm and it’s simply not worth it.  This blog is a guide so if you are in doubt about anything you may want to seek legal aid.

If you are interested in renovating you are more than welcome to discuss your requirements with Local Property Team. We would be happy to provide you with a complimentary real estate report outlining key statistics about the local market. Our state- of-the-art office is conveniently located near the Edgecliff Drive entrance to Sanctuary Cove at 2/9 John Lund Drive, Hope Island, Qld, 4212.