Blog
What About Unapproved Items Outside When You’re Buying?
July 13, 2020
Following on from last week’s blog, I’ve received lots of calls from owners about things they have done outside of their home.
I will again reiterate, this is not town planning or building or Solicitor advice as it is based on what I have personally seen or been told during my real estate career. Get your own independent advice from ACTPLA and your Solicitor.
It is very possible a very well built pergola will show up in your contract of sale as unapproved for a number of valid reasons.
– I’ve seen a pergola measuring 17.5m2 unapproved when the inspector said the limit to not seek approval was 16m2.
– the pergola itself was approved, but the minute the owner decided to put laserlight sheeting on the top, it became unapproved. It added to the GFA (gross floor area) of the site and exceeded the percentage allowed for that size block.
– a deck may not need approval if it is under a certain height – I’ve seen a deck two centimetres too high that was unapproved.
– when built, the stirrups of each of the posts did not anticipate the thickness of the Bink pavers and the paving person had covered the stirrups blocking any aeration of the stirrips.
– if the the pergola is on a deck and floor joists/bearers are more than 45cm apart, it will be unapproved. Have you ever walked on a deck and have a bounce factor? Look down, someone forgot to measure.
(And while it’s not illegal to put that merbau timber the wrong way up on a deck, it should be. What we walk on is flat, and the grooves are for underneath to wick away the water. If you put the grooves up, it fills with dirt and lichen, skidding in rain and on your back with the black ice in winter.)
A beautiful sandstone retaining wall built in 1980 at over 1m height showcasing a magnificent garden never needed approval under the rules back then, and in 2020 it is in perfect condition. It will come up as unapproved now because ACTPLA lowered the height permissible for retaining walls without approval over the last 20 years, and we have no grandfathering provisions with Crown land. Grandfathering in terms of town planning means if it was approved back then, it is therefore approved now. I’ve been told by a Solicitor that ACT just doesn’t have that luxury as we are Crown land, not freehold. (Referencing back to my Brisbane City Council days in the City Solicitor’s Office, Mr Metcalfe!)
Balustrade height on those original gorgeous two storey Willemsen terraces will always show up as unapproved now – as well as the space gap between any timber balconies – again because the building code has changed from when they were first built. The height required for balustrades is now higher, and space gaps on balcony balustrades have been minimised so children can’t put their head through and swan-dive off the edge.
Many carports don’t provide a lot of security, and I’ve seen owners do beautiful merbau timber panels along three walls, not actually enclosing the carport. Lots of space between each of the timber panels, and it’s still a carport – just prettier! Then to increase the value of the home, the owner puts a garage door on the carport. That’s when it changed from approved to unapproved. The garage door triggers that – even when it’s not an enclosed “room”.
I’ve been told by many buyers that their Solicitor isn’t concerned when items outside are unapproved – as long as they are structurally safe and sound and well-built. Apparently not being habitable may make it more acceptable.
As agents, we can advise buyers that the owner is selling “as is” and you can take the laserlight sheeting off (new owners never do), demolish that gorgeous 1m high sandstone retaining wall (never!) and you can remove the garage door and turn it back to a carport (no-one ever wants to do that).
Always check with your Solicitor when you’re buying on what they think about anything unapproved outside in the Compliance Report.