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The construction of an industrial shed on a residential
The construction of an industrial shed on a residential block at our back fence. Council has informed us that the shed meets the state building code regulations and did not require a planning permit. … read more
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By way of background ... I hired a property development consultant (to handle a demolition, land sub-division and Development and building approvals) for me and engaged builders through my entity Blue Lapis Pty Ltd to build the 3 houses according to what I understood were approved building plans on the land. All 3 houses have now been sold. I received a letter from Kelledy Jones Lawyers in June 2018 acting for the council to say that these buidlings have been constructed in breach of s 44(1) of the development Act 1993. The consultant I'd hired, Jack Pete, to apply for DA approval did not follow through with obtaining Building Rules consent. I have since obtained an extension to the DA with council and engaged a private certifier from Willmott Building Certification to obtain building rules consent. I have discovered through this process that the builders Residence Building Group have not paid the CITB levy despite stating that they would in our engagement document and according to council have not notified commencement and completion of building works which the builders have assured me they did make phone calls to council to make those notifications. The certification process required a BAL assessment which was also not completed either by the development consultant or builders so I am now paying for both the private certifier as well as making and paying for the BAL Request. Despite agreeing to answer the certifiers questions to enable certification, nether the consultant I engaged to manage this process or the builders are answering the questions posed and not returning my calls. I'd like to know what steps I need to take now to get this matter cleared up and whether it's best to chase both these parties with letters from lawyers and or what else I can do, given I paid both partied in full and in good faith as professionals to complete this project but have found myself (as have the new owners of the 3 residences) being sued by council and subject to fines of $120,000 each. … read more
John Melis
John Melis
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I have had to following situation happen to me and have
Hi I have had to following situation happen to me and have taken the person the NSW Civil & Administrative Tribunal. The magistrate there said it wasn't a matter for them so Jason and I had to come to… read more
John Melis
John Melis
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We have an interest in a property in Brisbane QLD. The
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Our neighbour runs s business from s home in the Eurobodalla
Our neighbour runs his business from his home in the Eurobodalla Shire NSW. The business operates a 26 tonne sewerage tanker which is parked right out the front of his home, but inside his property li… read more
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1. Can a NSW local council impose conditions of consent on
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On my land there is an approved building that previously
On my land there is an approved building that previously formed part of residence on a lot that was then subdivided and it fell within my lot. It may have been labelled as a garage originally, but I d… read more
Expert
Expert
Peter My husband and I have a DA property which included a masonry wall on a
Hi Peter My husband and I have a DA for our property which included a masonry wall on a road (we have a corner block), which Council suggested. There are 3 elements to this wall (although the same mat… read more
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Leon
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Hi I require some advice on development application. The original
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Leon
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Hi there, just a quick question pertaining to land and ilegal or not council aproved dwellins. Is there such a thing as the test of time, where (if a dwelling or construction remains erected for X yea… read more
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Hi there, We have a property that allows the house next
Hi there, We have a property that allows the house next door access over our land to their house. They have no driveway and have right of carriageway across our driveway. It is a classic case of we ha… read more
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Recently I built a new dwelling. For various reasons mainly
Recently I built a new dwelling. For various reasons mainly a difficult council we had to put in a separate DA for fencing. The main issue is I have built a new masonry rear fence on the boundary line… read more
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Leon
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I am the owner of an urban dwelling in the city of Lake Macquarie.
I am the owner of an urban dwelling in the city of Lake Macquarie. I have lived in the house for 10 years. Previously there was only one owner, who built the house about 35 years ago. The house is on … read more
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I have exchanged contracts on a property that is due to settle
I have exchanged contracts on a property that is due to settle next week. I have just discovered that it has a non-council approved bathroom. What are my options? Can I delay settlement until a 149d c… read more
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We were Kinglake residents until the fires in February 2009.
We were Kinglake residents until the fires in February 2009. Our street was destroyed in the fire and some owners have commenced rebuilding homes. Our land aspect faces east with extensive views, howe… read more
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My building permit has expired, i live in Bundaberg, I have
My building permit has expired, i live in Bundaberg, I have always followed all the requests put to me by the local council reguarding the construction of my new house in Avondale. All I wanted to do … read more
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Leon
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Hello, A number of weeks ago a person (Daniel ) came to my
Hello, A number of weeks ago a person (Daniel?) came to my home regarding use of my property as an ancillary site for bridge works at Henry Road, Pakenham. He told me that our land would be used for a… read more
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Hi. We are looking at buying a property in NSW, under Wollondilly
Hi. We are looking at buying a property in NSW, under Wollondilly Shire Council that has a detached, fully self contained granny flat on the property. The property is about 3 acres and the main house … read more
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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