Council regulations: Do your research before you buy

Everyone knows the basic functions of local council include waste collection, local roads maintenance and development approvals. Less people though, know the true extent of council regulations, which can have a significant impact on what you can and can’t do on your property.

So before making your next property purchase, here’s an overview of why it pays to suss out the regulations of your local council first.

Types of regulations

Of course, it isn’t just local councils that have their own set of rules: there are many factors to consider at various levels. For instance, did you know that ferrets are a prohibited pet in Queensland?

However, you may be quite surprised by just how many types of regulations local councils can have in place. Some examples include (but are not limited to):

• Heritage listings.
• Pets.
• Structures (including sheds and pet enclosures).
• Plant species.
• Fencing.
• Trees.
• Building materials.
• Waste removal and disposal.
• Land usage.
• Atmospheric particulates (such as from wood burning heaters).
• Noise (including operating machinery, even vacuum cleaners).
• Signage.
• Swimming pools.

There are many tales of property owners getting a shock when councils enforce their regulations:

• In 2003, Wagga City Council took action against a couple for painting their home purple, as it sits within a conservation area.
• A couple featured on Grand Designs demolished a house without planning permission, believing that by leaving a single wall standing, their local council would classify the project as a renovation.
• Parramatta City Council in Sydney explicitly bans private residents keeping primates as pets, except under “highly regulated circumstances”.
• A property developer who illegally demolished heritage shopfronts in Sydney recently copped a $200,000 fine.

Know where you stand

Most council regulations however, preside over planning and building controls to ensure that national and local structural standards are enforced, heritage features are accurately preserved and that properties are actually used for the purposes they are intended.

Kate Cullen-Edwards, owner and principal planner at Victorian-based Seed Home and Living and a member of the Planning Institute of Australia, says it can prove costly not to do your homework before undertaking any works.

“Council regulations essentially dictate what you can and can’t do on a piece of land. You need to know what those boundaries are before you start work. If not, you could be faced with fines or, worst case scenario, removing or redoing the works,” she explains.

“I see way too many people who’ve purchased, particularly rural blocks of land, without first checking that they can do what they want with it. It’s really important before people invest in purchasing a property that they make sure what they want is actually possible, and it’s not that hard do that.”

Cullen-Edwards says there are lots of horror stories out there whereby people have either wilfully disobeyed council rules or neglected to do their research first. However, she suggests that, in most cases, a council will try to bring building work up to regulation first and that demolition tends to be a measure of last resort.

Every council is different

Another big mistake people make is believing that council regulations are uniform. In actual fact, there can be big differences from council to council.

“It’s about the application of controls really. They will be driven by what’s going on in that council. One council may have a particular issue to focus on which isn’t relevant to others,” Cullen-Edwards says.

“Not everyone will be satisfied 100 per cent, but planning is meant to be for the greater good. Planners are, theoretically at least, looking at how it affects the greater community.”

Council red tape on renovations and building works shouldn’t stop you from developing your dream home. Be mindful of your local council’s rules from the outset to ensure the project runs much more smoothly.