Relaxation of small lot law brisbane

Crud.

I am in the process of adding a patio for my house (slab exists already).

I got a query back from the certifier - what is the actual dimensions of the house?

Reason: I own a place on a small lot. 402m.

I want to put a patio - 3.5 x 5.78m

The laws say can't cover more than 50% of land with buildings.

The bit of paper I have from the builder (spec home) says that it's ~198m in size.

I think 198m + 20.23 is more than 50 % of 402m :(

So I might need to apploy for a relaxation - I can't really make the patio smaller - there is an existing slab and it would not be practical.

Anyone with experience in getting a relaxation on this small lot law?

(no smart alec responses about "experience in getting a relaxation" OK? ) :D
 
alwayscurious said:
The bit of paper I have from the builder (spec home) says that it's ~198m in size.

Builders of spec homes seem quite creative and generous in how they describe their homes.. have you actually measured it?
 
duncan_m said:
Probably a long tape measure?
Sigh. :)

I have heard two conflicting opinions.
1. Measure the roof footprint area
2. measure the floor footpring area.

I think floor would be better. smaller - might just fit! :)

Is there any easy way to measure, or do I just measure round the outside and make little rectangles out of the house, then measure the area based on that.?
 
Would it actually be considered as part of the house? In my Council area you can put a deck up without approval if it is 10sqm or less. Same with an attached awning. Ask your council what items can be added without approval.
 
ha! Incorrigible.

geoffw said:
This is not to do with sighs. It's to do with size :D
I have it on very good authority that sighs do matter. :D

Skater - The rules in Brisbane are:
If the patio has a solid roof (ie tin) it must have council approval. Because it must be guttered and have a connection to the stormwater

The size of the patio is about 20m2 and it is a solid roof.

Sighs. ;)
 
Darn

The house is much bigger than I thought.

Initial measurements get the house at 228m. yikes. that leaves us with about 2 blades of grass.

To get this 'council approval' I may have to remove some of the existing house!!

Hmm.. I think this house was built before the new 'small lot code'.

At least it's big and comfy though :) There will be a way around this dilemna
 
markpatric said:
Problem solved!!!, rip down two walls and hey presto, a legal deck!!.


Where's your house & I'll come and tear down those pesky walls! :)

OHHHH.. you meant MY house..

I still dunno what to do about this.

I replaced a VERY dodgy patio cover
home built out of what looked to be the twistiest pine beams & rafters imaginable with random placement of posts and badly nailed/ glued with silicon roof iron etc.

It looks HEAPS better and was built to a plan with wind ratings etc, and is properly guttered..

But the house is too big, and was to start with! :eek:

sigh.
 
I thought about it - but it wouldn't suit the area.

Lplate said:
Hi ac.
Thought of sails instead?
LPlate

Nah. Not waterproof, flappy about in the wind. Don't really like them.

They do serve a purpose - shade I guess. And they don't require approval. I am considering it for the IP - not much room for solid roof out the back but enough to put a sail up for shade for a BBQ area.
 
:D

Shadecloth can be waterproofed and when done right they do not flap around.

What I was thinking is that if there was a room to the rear of the house the right dimensions you could rip down a wall or two and replace them with railings, build in around the perimeter and refit windows etc, then maybe pave the slab as an outside courtyard/barbeque area.
Do you really want less land on such a small block?, and also verandahs under the main roof look far more original/attractive, like and indoor/outdoor area, rather than an add on.
 
Piccy of layout

Hi there.


See the piccy of current layout, and the piccy of old layout.

I bought the house knowing that the existing patio would have to be torn down before it tore itself down (mild breeze would have done the trick)

I then was left with the dilemna of a cobblestone effect slab, hard to clean, hard to put furniture on (not level surface).

I got some concreters into re-level the surface (lay new slab ontop)

Then I put the kit pergolah up with correctly planned fall, pitch, guttering and downpipe, and correct connections to roof (via truss brackets through facia).


The only hitch was, because I was techincally putting up a new structure - approval is required. It came back queried. :(

In reality I was replacing a dangerous, faulty structure with a properly planned one.

The small lot code came in between the house being built, and the time I re-built the patio.

I agree that sail could be good - I may use this in an IP. It just didn't suit our space


I am not really keen on destroying walls. I built one internally though..
to turn it into 4BR from 3.
 

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alwayscurious said:
...

"The only hitch was, because I was techincally putting up a new structure - approval is required. It came back queried. :(

In reality I was replacing a dangerous, faulty structure with a properly planned one.

The small lot code came in between the house being built, and the time I re-built the patio."


Hi alwayscurious,

Even though you are building a new structure, and so need the proper approval, isn't it a case of replacing an existing structure (especially because the old one was dangerous)? Therefore, the new rules do not apply.

We did this successfully in Victoria (but we didn't have to cope with new rules) - all we kept saying was we are replacing the existing structure using the same style/footprint.

Lindy
 
I think you'll find that the new regulations apply to changes to an existing house that was approved before the new regulations as though the house was approved under the new regulations. In simple terms, demolition or construction is covered by the new regulations. Your certifier should be able to advise you or failing that talk with your regional development team at the BCC.

Given the angst in some quarters about small lots you might be better off consulting before doing any more work.

As an aside, one of the unfair things about the small lots regulations is that sites that were originally (and commonly) surveyed as 'normal' building sites are now covered by the small lots regs. The owners of these sites were once able to build whatever they liked as of by right (as owners of non-small lots are able to do), but are now constrained by the regulations. They lost some of their rights and were not compensated for it. For example there are many 'long' 16 perch sites that were surveyed as 'normal' building sites back in the 40's, 50's and 60's, that are now deemed to be small lots because of a narrower frontage.

The small lots regs are not just about the footprint of the dwelling, Council can tell you how to design your house - what sort of roof, where to put bedrooms etc.
 
Technically...

Even the house is TOO BIG for the lot under the new small lot laws as technically it covers more than 50% of the allotment

So if I was to be covered under every jot and tittle I would have to knock down a few walls and remove living space etc to comply.



I'm just a wee bit frustrated, but will sort this out. I think there's a way around it - through a relaxation or some other thing.

Or I could just wing it and say - hey it had a badly built patio which was leaky and dangerous so I replaced it.

This sounds the most tempting.

I think it only really becomes an issue if you have to sell the home - the new owners might try to query the approval & haggle on price.
I don't have intention of selling.

Technically there was no room at all for the provision of an outdoor space - even though when I bought the place it had a (horrid) outdoor space.


When I bought - the old owners were proud of their work :O and told me it wasn't approved. They offerred to tear it down, which I considered, however seeing the quality of their work made me fear they would damage the place even more removing it!!!

Think, cobblestone effect slab, with gravel surrounding it, with pavers (mismatched).

Beams going everywhich way, with solid tin roof covering the entire back yard, with rafters that sagged and twisted,
bolted to the fascia only...

Gallons of silicon squirted around the place, THREE different colours - black, translucent & Green???

Mosquito netting screwed to the outside of the area to enclose it totally and block out every tinsy bit of light.

Pine beams bolted to the wall, with sliding screen doors running in a track glued to pavers around outside.

Gutters that leaked and mismatched. Downpipes moved around from low spots to high. !!

Electrical wiring coming out of the back of an internal switch, and tacked to one of the beams, coming through a hole poked in the facia (gradually wearing away insulation due to wind movement)

The outdoor switch that the wiring was connected to was FULL OF WATER because of the leaky gutters...

3 Massive palm trees growing right outside all this, getting bigger & bigger.

yikes. Anyway I am not complaining because we bought it cheap and are adding value by tearing down badness & replacing with light, airy, usable space. Just have to figure out how to get around or get inside this small lot law issue.

There's a way and we'll find it!! :)

Now, who wants to join me for that re-turfing day??? :D

Thanks for all the comments.
 
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