DIY: Don't trip up on renovation red tape

Put that sledge hammer and saw down! Have you cleared your plans with the right people? It’s not just your family and neighbours, the government gets to have their say too.

Renovating can be a minefield. Not only do you have to deal with myriad health and safety issues, such as potential accidents and the hazards of asbestos, but there are legal hoops aplenty.

And pleading ignorance when the inspector alerts you to a costly oversight wont save you. There are countless stories of building works abruptly halted and expensive renovations ripped out because the owner didn’t follow proper procedure.

Even removing a tree on your property can require council approval.

Your local council should always be your first point of call when considering any significant renovation. They can advise what regulatory requirements you need to meet.

Here are just some of the things you need to consider before demolishing, renovating, building, redeveloping or even landscaping your property.

Local council approval

Development consent is required for most major works, especially where there is potential impact for neighbouring properties.

Before you go to the time and considerable expense of submitting a development application (DA) to your local council, run your proposal past a council planner first to determine whether approval is required.

Smaller structures, such as a deck, pergola, tool shed or fencing, are mostly exempt.

If a DA is required, the planner will be able to advise of the processes and what accompanying documents you’ll need to submit.

The planning and building section website of your local council will also probably contain all of this in minute detail.

Securing planning approval is just the first hurdle. Next you’ll need building approval (also known as a construction certificate), which addresses how you’re going to build the structure and whether it complies with the necessary building codes and plumbing regulations.

This generally entails submitting a building application (BA) to your local council.

Once you’ve secured all the necessary approvals, brace yourself for the notifications and council inspections that will be required at various stages of construction.

Owner/builder requirements

If you’re project managing the work yourself as an owner-builder, you’ll need to obtain an owner-builder permit. This is not a role to be taken lightly. As an owner-builder you:

• take on all the risks and responsibilities of a registered building practitioner
• guarantee the work you undertake
• need to ensure all necessary approvals have been obtained
• check all tradespeople you’re hiring are licensed
• are liable if the building work does not comply with all building standards, and health and safety regulations
• will invariably be entering into “home building contracts” with contractors, so you need to be across what is required in your state
• need to have all the necessary insurances in place.

If all of that sounds daunting, maybe you need to reconsider whether you’re up to the task.

Obtaining an owner-builder permit

Most states require that you complete an owner builder education course through one of the many accredited training organisations before applying for a permit. Given the responsibilities you’ll be undertaking we’d advise doing a course whether it’s mandatory or not.

Owner-builder rules differ from state to state. The easiest way to find out what applies in your state is to Google “owner builder permit” along with the name of your state.

In NSW, for example, you’ll apply through the Department of Fair Trading; in Victoria, through the Building Commission of Victoria; in Queensland, through the Building Services Authority; in the ACT, through the ACT Planning and Land Authority; in WA, through the Building Commission.

All these websites have detailed information on specific owner-builder requirements for that state.

Home warranty insurance (NSW)

As an owner builder, you’re required by law in most states to obtain home warranty insurance (also known as builders warranty or home indemnity insurance) if you sell your property within a specified period (generally six or seven years) after completion of the building work.

This covers subsequent owners for defective workmanship in the event the owner builder dies, disappears or goes bankrupt during the warranty period.

The legal requirements for home warranty insurance vary from state to state.

In addition to this insurance, which covers the entire project, in some states the contractors you engage to work on your project will need to provide warranty insurance to cover work above a certain value.

Be sure you’re not left carrying the can for any shoddy workmanship that should be covered by your tradies’ insurance.

Check with your relevant state authority (listed above) what indemnity insurances, if any, you need.

Other optional insurances you may want to consider are Public Liability, Construction and Workers Compensation insurance.

Termite treatment

The Building Code of Australia requires termite protection for new structures.

Owner builders will need to research this themselves – and there is a mind-boggling range of treatments out there.

They mainly fall into two categories;

• physical barriers to stop termites entering from the soil, such as metal shields, stainless steel mesh or granite chip barriers which are installed underneath a concrete slab or beneath a suspended floor.
• chemical barriers or “termicide” which are sprayed around key areas.

You may elect to use both.

Do some serious research before you rush into anything.

Effective termite control, especially in areas prone to white ants, is one of the most critical parts of the building process.

This advice is general in nature and should serve as a starting point for your own research.

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