Deck, Pergola or Patio – How to avoid unauthorised works

Although constructing a deck or pergola in your backyard may initially seem like a straightforward weekend project, the situation can become significantly more complex if your work is ‘unauthorised’. This means you should have acquired council approval before building the structure and now your structure is an unauthorised.

Do I need council approval to build a deck, pergola or patio?

The regulations surrounding the construction of decks, pergolas, or patios are governed by specific criteria, including:

• limitations on floor area,
• height above ground level,
• setbacks from property boundaries,
• and other factors.

The State Environmental Planning Policy (SEPP) 2008 will determine whether council approval is needed for the construction of you new deck, or whether your planned build is ‘exempt’.

The Corona Projects team can review your proposed construction and provide advice as to whether it requires council approval and can complete the Development Application (DA) on your behalf if needed. Speak to the Corona Projects team today.

What happens if I have already built my deck, pergola or patio – do I still need council approval?

If you have already constructed your new deck, pergola or patio, you will need to determine if your construction meets the criteria for ‘exempt development’ (i.e. does not need council approval).

If it’s determined that you do need council approval, you will need ‘retrospective approval’ your local council.

You will typically need to submit a Building Information Certificate (BIC) which involves:

1. submitting detailed documentation and
2. ensuring that the current structure complies with relevant building codes and regulations
3. making any adjustmenets if the structure does not comply.

If  you don’t get the necessary approval for your unauthorised building works, you may face legal and financial complications.

When will I have unauthorised building works for my deck, pergola?

When your local council assesses a Building Information Certificate (BIC) for unauthorised decks or pergolas, they will consider several factors to ensure the new structure is compliant with relevant regulations.

Council will consider whether:

• the structure has reduced the landscaped area on the property
• the distance between the structure and property boundaries meet zoning requirements
• the height of the structure causes privacy or shadowing issues for neighbouring properties
• the deck or pergola is structurally sound and has compliant balustrades that meet Building Code of Australia (BCA) standards
• the appropriate certification from the builder is provided as evidence
• the connection of the new roofing to the existing stormwater system provides proper drainage

All these factors could potentially result in unauthorised building works if the deck, pergola or patio construction is non-compliant with the Local Environmental Plan (LEP) or Development Control Plan (DCP).

Speak to the expert team at Corona Projects today.

Case Study – Unauthorised Works for a Deck

Greg constructed a 30-square-meter timber deck at the rear of his family home, designed to serve as a functional outdoor dining area, seamlessly connected to the open-plan kitchen and living spaces. The property was situated on a steeply sloping block, necessitating the deck’s elevation more than 1 metre above the natural ground level.

Following an anonymous complaint from a neighbour, the local council initiated an investigation into the construction, subsequently issuing a Notice of Intention to impose a Development Control Order for the deck’s removal.

In response, Greg enlisted the expertise of Corona Projects to assist in preserving the deck. Through our support, Greg successfully acquired all necessary certificates and supplementary documentation required for a Building Information Certificate (BIC) application, enabling him to bring the project into compliance with council regulations and formalise the works.

Case Study – Unauthorised Works for a Pergola

Jane decided to enhance her backyard terrace by constructing a pergola to create a weatherproof outdoor living space for her family. Eager to bring her vision to life, she believed the project would be a simple addition to her property. She proceeded with the construction without obtaining the necessary council approvals. The pergola, measuring approximately 20 square meters, was built entirely by Jane without consulting any building professionals.

Several years later, as Jane prepared to sell the property, her real estate agent highlighted that the pergola had not received council approval, raising concerns for potential buyers. The lack of structural certification was identified as a significant issue that could hinder the sale.

In order to address these concerns and facilitate the property sale, Jane engaged the services of Corona Projects to regularise the pergola. Corona Projects assisted Jane in obtaining the required certifications, including a structural certificate from a qualified structural engineer. The expert Corona Projects team submitted the necessary application to Jane’s local council, resulting in a successful outcome.

With the proper approvals and certifications in place, Jane was able to proceed with the sale of her property, ensuring compliance and resolving any potential issues for future homeowners.

 Request a free consultation with the Corona Projects team today!