General: Building codes generally allow construction of any structure attached to a dwelling house to be constructed up to 1.5m from a side boundary (if the structure is under 3.00m in height) and 6.00m from a front or street boundary.

However exceptions can apply. A mine field of information applies to the options and we will attempt to address some of the issues here.

• Small lots or narrow lots have special rules and have to be reviewed under each circumstance
• Application can be made to the Town Planning Department for most council’s to relax (within limitations) the boundary guidelines
• Usually this can add 2 to 8 weeks to the approval process, incurs additional costs and must be obtained before obtaining Building Approval
• Expected costs can be advised to you at the time we prepare your quotation

This is known as a request to allow you to build outside the standard building setback guidelines.

To assist you with understanding this:-

Standard Building Approval is dealt with by one department in council and is facilitated by the services of a Private certifier.

• If building outside standard boundary setbacks does not influence the location of the structure then this becomes a normal building approval process.

However: If you wish to build certain structures closer to the boundary (or over sewer or stormwater) then we can apply on your behalf to the Town Planning section of the council to request relaxation of the Town Planning codes to allow you to build the structure.

Council is usually amenable to this provided that the request follows some given guidelines.

General:

• The structure does not impair your neighbours use and amenity of their site
• The structure does not impede visual safety guidelines
• Town Planning Relaxation is generally obtained as follows:

For Patios

• Relax the boundary side clearance down to 500mm for the covered roof portion of the patio. (Design conditions apply) Post location is subject to a design criterion
• Relax the front boundary clearance down to 4.50m
• Build over or near sewer and/or stormwater.

For Decks

Relax the side boundary clearance to:

• 900mm provided that the overall height does not exceed 3.0m or
• 1.5m if the overall height exceeds 3.00m.

Note: in the case of decks that exceed 3.00m in height and include a patio roof the boundary clearance is normally 2.10m to the outermost projection.

For Carports:

Relax to be able to be built closer than 6.00m to the street boundary.

Note:- this does not apply in some councils or situations. This is a complex question that is best answered at an on site consultation with our representative.

Carports that are built (as carports) on the side of the house are subject to some guidelines:

1. You only may build to the boundary if the length does not exceed twice the distance from the house to the side boundary. (EG if the distance from the house (wall) is 3.00m to the boundary then the length of the carport is limited to 6.00m)
2. Carports are limited to 9.00m long if built within 1.50m of side boundary AND any existing structures (ie an existing shed) form a part of the total equation
3. The 9.00m rule can be relaxed under certain guidelines.

Other conditions apply to this complex question. We can best advise you at the time we inspect your site for quotation.

For Units/Townhouses:

1. Should the unit be on “separate title” then the guidelines for a normal patio apply
2. Should the unit be on “Group Title” then fire separation rules apply. Essentially the patio should be 500mm from the side boundary and posts 900 from the boundary. Relaxation would only be required if the patio backs onto the outside of the complex or abuts a street
3. If the patio is to be within 6.00m of a street or road.

Beware of highly trained sales representatives who are not conversant with building regulations and detailed product knowledge. This may be clear if you don’t receive your quote immediately. Don’t risk signing contracts before discovering relaxation costs or be mislead about relaxation compliance. You may not discover compliance obligations until you have signed a non refundable contract.

Common questions about local government approvals:

Q. “The other company said I don’t need approval if it is under 10m2”

A. Wrong

Any building structure that is attached to a Class 1 building (dwelling house) must have building approval.

But note:- in some cases a freestanding shed (for example) under 10m2 does not. Some sales people confuse this rule and give poor advice as a result.

Q. “The other company said I can build my patio right up to the boundary”

A. Wrong

The guidelines for boundary limits are shown above.

Q. “The other company said I could build my patio up to the boundary and call it a carport”

A. Wrong

Councils are wise to this. Accordingly if the company tries to put it through council as such, a council audit of such structure may result in a demolition notice any time in the future.

Q. “The other company did not mention anything about relaxation requirement and yet you do, together with extra costs”

A. As many other companies engage sales people who only have limited building knowledge, but strong, high level selling techniques they persuade you to sign a contract and then later inform you of relaxation and/or redesign requirements. This is usually done after the legal cooling off period has expired and when they send out their “building manager” to assess the site. They usually charge you an exorbitant price for this at a time when you have no choice but to pay; to avoid forfeiting your deposit.

We advise you the information about relaxations as a matter of fact and a defined schedule of costs as we see it up front. You can make this choice BEFORE you sign a contract. We endeavour to fully advise you of anticipated costs but occasionally we do discover an unforeseen issue (such as a hidden sewer line).

AZ-Tech has a policy to immediately keep you informed throughout the council application process once searches are completed and ask your consent before proceeding.

If another company has not made allowances in their quote for these items you are at risk of taking a cheaper offer before you have taken extra costs into account. Do your research.

Ask whether your chosen Patio builder also includes Town Planning and Final inspection fees (in any offer of free council approval).

Q. “Can I build my patio (and/or deck or carport) so that I get clear span (post free) up to the boundary?”

A. Yes.

provided that you take advantage of our innovative design using the advantage of combining the superior performance of Stratco Outback products. We have clever design options that have given us massive advantage over other companies to achieve this. Talk to us about the choices and ask us to demonstrate how We can do it.

Q. “I don’t want to bother with council. Will you build my xxxxxx without it?”

A. Simple answer is No.

Whilst we are aware that some companies or small builders may, we will not take that risk. Council and QBSA impose heavy fines for builders and owners who build without approval. We would not put you in that position and as registered builders we will not risk our license reputation or livelihood of building without obtaining approvals. The fee paid to gain approvals is cheap insurance that protects the buyer against council ordered demolition. We deal with council on your behalf.

Q. “Do I need my neighbour’s permission to build?”

A. Not if the proposed structure is within standard building guidelines. Only if a relaxation issue arises, is there a need to consult neighbours. In this case we ask them to sign a pre-drafted letter that gives them an option of accepting your proposal or stating their concerns. Council will consider their concerns but will make their own decisions.

We ask you to discuss plans with your neighbours and ask them to sign the letter. Technically this is not asking their permission, but respectfully giving them the option to accept or voice their concerns. Council can and will override frivolous comment or an invalid reason.

Q. “Can I build my deck right up to the boundary with relaxation?”

A. Simple answer is No.

Guidelines are shown above as to what regulations apply to decks, but even ground level decks cannot be built to the boundary.

Q. “I have an existing timber frame pergola covered with fibreglass. Why should I get council approval to replace it when it is already there?”

A. The new steel structure is engineer designed as an all steel structure and as a covered roof. Essentially it is a major change to the materials used. Also the original structure may have only been approved as an open pergola if at all and not approved to support a covered roof. Council also want to be concerned that stormwater issues are correctly dealt with and inspected.

Q. “Do I have to connect my new (structure) with the stormwater?”

A. Yes and we can do this for you.

We have seen others avoid this issue and make ridiculous suggestions such as “its OK just to run it out on the ground or garden”. A common practice is to not include council final inspection fees in the price. As the firm doesn’t book a council final, the stormwater is not inspected unless council does an audit. The company involved states that you didn’t include stormwater connection in the contract so the problem of an unfinished job becomes yours and can be expensive to rectify.

Alternatively what your alternate patio supplier may do is book a council final and when the council does its inspection they report that the stormwater is not connected, they then give you …. days notice to get it connected and charge you the re-inspection fee.

The clever design options that the Stratco Outback system offers, together with our proven expertise, enables us to always closely consider how we are going to achieve stormwater connections. Unless you specifically ask us not to, we do include stormwater connection in our quote/contract within specific guidelines.

We definitely include council final inspection fees. We finish the job.