Tag: council approval

Converting a garage into a bedroom, studio, or granny flat is a popular form of development, but it comes with many risks if you don’t know what you are doing.

When do I need council approval?

Many homeowners overlook the fact that even a change in the use of an existing space may need council approval. This can apply when converting a garage, into a bedroom or studio, even when minimal to no building work is involved.

Building habitable rooms, like granny flats, must meet strict standards, including (but not limited to):

• minimum floor to ceiling heights,
• window placement, and
• the need for a vapour barrier beneath the concrete slab to prevent water penetration.

Unauthorised building works with garages

It can be very challenging if you have already converted a garage and now discover you need a Develpment Approval (DA) or council approval!

It is easy to unintentionally create unauthorised developments when converting garages or similar spaces.

These developments are even especially complex when the garage is converted into a separate dwelling, such as a granny flat. This is because of additional concerns regarding fire separation and compliance with the Building Code of Australia (BCA).

Many older and/or detached garages don’t have the required vapour barrier, so converting these garages would lead to unauthorised building works.

Retrofitting a vapour barrier is very difficult because this would require demolishing and re-pouring the concrete floor and of course this would need council approval!

Another risk with garage conversions is the potential loss of parking; Councils typically will not consent to applications that reduce off-street parking, especially in smaller residential developments. This often makes garage conversions unviable (and unauthorised),  as they compromise the required parking allocation for the site.

A skilled Corona Projects Town Planner will be able to determine the available options. Ask for a free consultation today.

What happens if what you build is different to your council approval?

One of the most misunderstood forms of unauthorised development happens when you do have development consent, BUT your construction is not in accordance with the approved plans.

Whilst certifiers may allow minor variations at their discretion, any unapproved deviation can significantly delay and increase costs associated with your project.

Consider this scenario:

You’ve received Development Application (DA) approval to construct a 60m² granny flat at the rear of your property. You’ve obtained a Construction Certificate (CC) and commence with the build.

Mid-project, you decide to adjust the internal layout and so adjust the size of a couple of windows. When the certifier conducts an inspection, they find that the ‘as-built’ works differ from the approved CC plans.

As a result, the certifier cannot issue an Occupation Certificate (which you need), leaving you with an unauthorised granny flat, despite having obtained initial development consent. The situation worsens when Council identifies the works and issues a ‘Stop Work Order’.

What can you do if you have been issued with a ‘Stop Work’ order?

Unfortunately, this scenario is not uncommon for both first-time developers and experienced builders. If the unauthorised works cannot be easily remedied, the primary solution is to ‘regularise’ (make them correct/approved) them through a Building Information Certificate (BIC).

This process requires comprehensive documentation, including trade certificates, structural certification, a Building Code of Australia (BCA) report, an as-built survey, architectural drawings, and other development specific documents. In many cases, Council will also ask for a Development Application (DA) to be lodged concurrently or prior to the Building Information Certificate for consent for the use of the unauthorised structure or space.

This is when you need the experienced Corona Projects Team to help you!

How Corona Projects helps clients with garage conversions and unauthorised works

West Ryde Detached Granny Flat: Unauthorised building works

This client purchased their property with an existing detached garage that had already been converted into a studio space.

The lot was over 450m² in total area (the minimum lot size for a detached granny flat) and thus a change of use was required and possible. As physical works had already been carried out within the structure, a Building Information Certificate (BIC) was lodged for the regularisation of these works, alongside a Development Application (DA) for the new use. In cases like this, Councils generally require the DA to be approved first, followed by the BIC.

Cremorne Attached Granny Flat: Successful conversion

Situated on a corner block, this two-storey property featured an attached garage beneath the first floor.

The garage did not meet the minimum dimensions for a standard parking space (5.4m x 3m), which can sometime be the case in older homes. Accordingly, our client wanted to re-purpose this space, along with some of the lower ground floor, as a granny flat. Whilst the lot was less than 450m² in area, this standard does not apply if the subject secondary dwelling is attached to the principal dwelling. The loss of parking was not a concern in this case as the existing space was non-complaint and there was sufficient space in the front setback to accommodate a vehicle.

One of the most significant considerations when converting part of an existing home into a self-contained dwelling is ensuring adequate fire separation: Walls and ceilings that separate two or more dwellings are required to achieve a certain level of fire resistance. Typical internal walls and ceilings of single detached dwellings (timber stud walls and the like) will not achieve the required level of fire resistance without further works. These further works can be costly and may even reduce the floor to ceiling height, if a further layer of fire-resistant panelling needs to be applied to the underside of the ceiling. This can be a significant issue if the floor to ceiling height is already at or below the minimum requires, that being 2.4m.

In this instance, Corona Projects was able to demonstrate that the floor to ceiling height remained compliant and the proposal was approved by North Sydney Council with the required fire separation works conditioned in the consent.

Beacon Hill Rear Extension: Change of use application

This client obtained DA consent for a rear extension to their single storey detached dwelling in Beacon Hill. During construction, the Corona client and their builders decided to move the location of a few of the external windows without obtaining the required approval. This was identified by Council who promptly issued a stop works Order before the construction was complete, leaving the dwelling exposed to the elements.

To regularise such an inconsistency can be complicated. In this case, following consultation with Council, a Building Information Certificate was prepared to regularise all physical works, including those that did not deviate from the approved plans. The reason for this is that you cannot obtain the final Occupation Certificate unless all works in the approved plans have been carried out. Whilst most of the approved works ware complete, the unauthorised windows prevented the issuance of an Occupation Certificate.

You also cannot modify an DA approval to capture works that have already been constructed. As such, a BIC capturing all works was the only path forward, in combination with a DA for the use of the space.

Whilst both applications were successful, final construction was significantly delayed due to the lack of initial action and misunderstanding of the proper process by the appointed builders.

Narraweena Deck: New DA required for approved works

This project consisted of an approved deck and pergola to the rear of a two-storey dwelling. The approved plans prescribed a 900mm side setback for the deck and associated structures, however, the works were built abutting the side boundary fence, we’ll within the 900mm setback. The initial DA approval dated back to the early 2000’s, however this inconsistency had not been identified by Council until the works were reported by the neighbours, who believed the structure was encroaching onto their property.

Deviations from historical consents can be tricky, as sometimes the records of the original approval can be hard to find or may not be available. In cases like this it is good practice to lodge a GIPA (Government Information Public Access) request to your local Council, who can then provide you with any historical approvals that they have on record. You can then compare what was approved, to what has been constructed.

In this case, further works were required to trim the deck and pergola structure 900mm off the boundary in accordance with the original consent. Such demolition work is not exempt however, unless Council has issued you with a demolish works Order. In this instance a new DA was required to modify the structure. This application was successful and the relevant Order from Council withdrawn.

Modification of an approved Development Application or Complying Development Certificate is possible, however, must be approved before the modified works can commence. To avoid such costly and time-consuming issues, it’s crucial to adhere strictly to approved plans and consult with your certifier or town planner before making any changes during construction.

Ask Corona Projects for help today