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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5410
Experience:  Dip Law LPAB - Sydney based lawyer
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I AM BEING FORCED TO DEMOLISH A VERANDAI I BUILD WITH MY DAD

Customer Question

I AM BEING FORCED TO DEMOLISH A VERANDAI I BUILD WITH MY DAD 10 YEARS AGO WHAT CHOICES DO I HAVE.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Patrick H. replied 1 year ago.
Who is forcing you and why?
Customer: replied 1 year ago.
Hume city council. As I built a veranda 10 years ago and enclosed it there calling it a extention to the house and I don't have a permit. I have tried surveyors to help me but have brushed me off. As I have spent time trying to get some help the council sent me a order to demolish the extension.
Customer: replied 1 year ago.
I have enclosed the first letter from council I will send the letter of order tomorrow as I haven't got it with me
Expert:  Patrick H. replied 1 year ago.
Hello and thank you for your question.It is not possible to obtain a permit retrospectively, however, if you can demonstrate that the property is compliant with building regulations and a permit would have been issued if it had been sought then you may be able to satisfy the requirement that you show cause why the property should not be demolished. To do so you would need to engage a building surveyor, such as this one which deals with such problems:http://www.buildingpermits.com.au/blog/illegal-building-worksI have no experience with this surveyor and do not endorse or recommend them, but merely refer to them as an example I have located on the internet. I suggest you shop around for a suitable surveyor you feel comfortable with.If council are not willing to entertain you showing cause because you are out of time, then I would suggest you engage a planning lawyer to review your case and who can negotiate on your behalf for an extension of time to address the issue. Unfortunately there are no guarantees in situations like this and councils are within their rights to order the demolition of construction works that are done without following proper approval procedures, and whilst it can be possible to fix such problems through the process suggested above, success will depend on whether or not a party can make the works comply with planning and building regulations and that such action is done in time.Good luck and Please rate my answer.Patrick