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Posted 16 November 2022
Category: Strata, Renovations, Planning Approvals
Individual buildings will need to obtain specialist advice to determine if these works are exempt development, but some of the reasons why it may be not exempt include (not exhaustively):
|2.53 Specified development
A minor external non-structural building alteration, such as the following—
|2.54 Development standards
The standards specified for that development are that the development must—
(d1) if the development involves cladding or is attaching fittings or decorative work—
See separate entry for skylights.
So the upshot is, the scheme will be looking to see what type of approval is required, if any. It’s also likely that these works are not excluded from compliance with the Design and Building Practitioners Act 2020. For more information, check out our article Existing Construction Projects: Do they Need to comply with the Design and Building Practitioners Act 2020?
We can assist with advice, applications and town planning certificates to support relevant applications.
Why is it important to get planning approval? There’s many reasons, including to avoid:
o Substantial penalties and stop work, removal or remediation orders can be issued under the Environmental Planning & Assessment Act 1989;
o Stop work, removal or remediation orders under the Design and Building Practitioners Act 2020 can be imposed on the building practitioner;
o The likely contractual ability of a contractor to terminate the contract; and
o Exclusion from insurance in respect of the illegal works.
***The information contained in this article is general information only and not legal advice. The currency, accuracy and completeness of this article (and its contents) should be checked by obtaining independent legal advice before you take any action or otherwise rely upon its contents in any way.