Council Completion Permit - New Units

LGuessHowMuch on 04/04/2020 - 10:23
Last edited 04/04/2020 - 10:25

Hi all,

I've exhausted the research and information online and am turning to the good people of Ozb for advice.

I'm trying to find information on council completion permit and what this means for renting out new subdivisions.

The long story is:

  • Next door has just built 5 new units
  • Dividing fence was damaged by trucks and removed. There is a temporary fence
  • Our backyard is now exposed to their driveway
  • our kids are always in the backyard now, so the lack of fence is serious danger
  • Neighbours have moved into first unit and planning to rent out the rest
  • Neighbours are happy with the temporary fence as a permanent solution!
  • They are awaiting application for subdivision to be approved
  • Council states that neighbours most likely will not get council completion permit. Without a council completion permit, they will most likely not be able to legally rent out the other units
  • The people at the council only seemed 80% sure about the above advice.

We've also issued them with an official fencing notice so we can put up a new fence. Would argue that the split shouldn't be 50/50 as their builder ruined the fence..

And! With current situation, who knows if fence construction can even go ahead.

Besides taking legal action (I wouldn't even know where to start), where can I go to find information or legislation about council completion permits and rent/occupying new units without this?

Home & Garden

Comments

  • JoeSoap on 04/04/2020 - 12:03

    maybe stating what council or state your in as they can vary quite significantly

    • GuessHowMuch on 10/04/2020 - 09:28

      Hi there, am in Victoia. Banyule council

  • dandosr on 04/04/2020 - 12:16

    are you talking about a final occupation certificate?

    • GuessHowMuch on 10/04/2020 - 09:31

      Hi there, not the final occupancy. I think that has already been issued by the building surveyor. Which means they and tenants can technically start moving in.

      I was hoping that the certificate of completion (issued by council I believe) would hold back the tenants moving in

  • Melb69 on 04/04/2020 - 13:30
    +1

    Assume this is NSW. Anyway I would try and approach the Builder firstly about the fence. If you have a record that the fence was in good order and condition and didn't need replacement really the Builder should pay. Having said that its most likely given the state we are in that the Builder will just delay any response. So what you have done is probably the best action for your interest. That being the fencing notice. For the sake of having to pay the 50% and securing the safety of your family is the priority. Alternatively, if there is temp fence there then you will have to live with that if you don't want to pay for a new fence. Good luck

    • GuessHowMuch on 10/04/2020 - 09:36

      Thank you - I completely agree that our safety is number one priority. We're just tired of being pushed around by these builders (they even had the gall to cut down another neighbour's trees to make space for their development and got away with it!), and wanted to stand up for what's right. After giving this some thought, we're happy to pay to just be done with it.

      Do you know what it'll take to get them to cough up the remaining 50%? Magistrate's court is expensive. .

      • GuessHowMuch on 10/04/2020 - 09:37

        Just saw that there's a comment below about the process of pursuing costs

  • Typical16-bitEnjoyer on 04/04/2020 - 20:33

    OP - you are over complicating things.

    Which state are you in? That's the most important question.

    • kerfuffle on 05/04/2020 - 06:06

      From their previous posts, I assume Victoria

      • Typical16-bitEnjoyer on 05/04/2020 - 08:03
        +1

        For Vic and to assist OP, if the fence was next to the common driveway then it's Owners Corp responsibility.

        Make sure you have a proper written quote valid for minimum 30 days.

        Re-ssue a Fencing Notice to both the Owner of the land (Pay $7 bucks for a Landata search) and the Owners Corp requiring 100% contribution from them.

        If they don't pay or object then you can proceed with the work. They can't stop you.

        File a Complaint in the Mags Court. You'll get your fees back of they pay. Registry staff can assist. There's plenty of free official info online.

        Council certs etc. having nothing to do with anything so stop wasting time with your council.

        • GuessHowMuch on 10/04/2020 - 09:46

          I tend to do that. Thanks for calling that out.

          After speaking to more people, I've realised now that council certs mean very little.

          I'll look into what you've suggested, tq. What do you mean by "you'll get your fees back of they pay"?

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