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Thread: Making a pergola?
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2nd August 2014, 05:29 AM #1well aged but not old
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- Sep 2004
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- Brisbane
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Making a pergola?
I want to make biggish pergola outside my kitchen to provide some shade. But I have some questions please.
1. I imagine I will need council approval and hence plans or drawings (some grubby law will be lurking to steal my money and complicate the process). How do I get such plans or can I make drawings myself and submit them to council? The council will have 2 million rules to follow. Maybe you can purchase standard plans that will be acceptable? That would be nice.
2. Attaching to the house. This is the big question. I could make it free standing but that would not be the best looking way. I would like to attach it to the house but I have no desire to wreck my home, void my house insurance etc in the process. That part sounds like a job for a professional. I live in Brisbane. Is there anybody I can contact about this and any other issues that may arise and of which I am not aware.
I have energy, plenty of equipment, all I lack is some knowledge.My age is still less than my number of posts
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2nd August 2014 05:29 AM # ADSGoogle Adsense Advertisement
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2nd August 2014, 09:08 AM #2
You may get a better response from the Renovate Forum web site.
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2nd August 2014, 09:25 AM #3SENIOR MEMBER
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- Oct 2013
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- Altona North, Melbourne VIC
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Council
Hey there,
I've just started making inquiries about this myself, and can give you some of the things I've found out from a Victorian point of view ( I imagine it won't be vastly different in Brisvegas ).
In Vic, for my council, if any Pergola or structure is bigger than 10sqm, has a roof, is taller than 3.6m or is attached to your house, you need a Building Permit ( which is different to a Planning Permit ).
Depending on your Council, and where you live, you may also need a Planning permit. Eg, you are in a heritage area, or your pergola might block a neighbors view or something. For this you will want to check with your council's planning department.
I called my council planning dept and the guy was really helpful in confirming what I need to do.
Basically if you only need a building permit, then you will need to get plans drawn up ( you CAN do them yourself....but probably worth getting a draftsman/woman to do it ). You'll also need to read up the building regulations with regard to the framing requirements for building such a structure to ensure it meets building code. Part of the Building Permit cost will be for council inspection, and if you fail that, you would need to do more work...........better to get it right the first time.
Here Vic for example, there are rules about how deep footings for decking needs to be, and also how such a structure attaches to the house - hint, you can't just bolt it to the fascia, it has to go through the fascia and attach to the frame of the house ( rafters normally ) using appropriate mechanical fastners/bolts as per the building code ( there is a book somewhere you can buy for $30 which details the building requirements for 'Framing' which Pergola's would fall under ).
The good news is, if you only need a building permit, it isn't a major hassle ( from my understanding ). Planning Permits on the other hand, they are the things that can really drag out!
They guys on the Renovate forum might have more info, but I would suggest a call to your Council Planning Dept first to check if you would need Planning Permit, and then also ask them about Building Permit requirements - also, that should be on their website somewhere.
Hope that helps
Seb
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2nd August 2014, 10:05 AM #4GOLD MEMBER
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- Sunbury, Vic
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I had a similar experience 4 or 5 years back when we were considering a covered outdoor area. As much as I would have liked to build something slightly larger and attached to the house, it was easier to stay within those limits. Our council actually sent me a small booklet with the relevant details.Tom
"It's good enough" is low aim
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2nd August 2014, 11:58 AM #5Senior Member
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- Jun 2007
- Location
- Queanbeyan NSW
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Head down to your local library if they don't have a copy of Alan Staines, Australian Decks and Pergolas Manual ask for an Inter Library Loan - I eventually bought my own copy as I got fed up waiting as I was always out
If you are going to the expense and time of building I would not be without my own copy and its not expensive
Neil
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4th August 2014, 12:07 PM #6
Another vote for the Alan Staines book! It's pretty much all you need to know except for local council specifics. See the book section at Bunnies.
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4th August 2014, 07:55 PM #7GOLD MEMBER
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- Mornington Peninsula
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Just to throw a spanner in the works, council approval is not required to do anything on your land.
Re: The High Court case Fejo v Northern Territory [1998] HCA 58; 195 CLR 96; 156 ALR 721; 72 ALJR 1442 (10 September 1998), clearly states the following:
Point 47: ‘Subject to whatever qualification may be imposed by statute or the common law, or by reservation or grant, the holder of an estate in fee simple may use land as he or she sees fit and may exclude any and everyone from access to the land.’ &
Point 93: ‘It confers, and since the beginning of legal history it always has conferred, the lawful right to exercise over, upon, and in respect to, the land, every act of ownership which can enter into the imagination.’
However, all that stated, council certainly tries to bluff the land owner with threats of fines, court action etc. (Don't ask me how I know ) But the law is the law, and if you hold your ground, you win. At the center of the legal argument is that if there is an inconsistency, state law and council law is subservient to Commonwealth Law as per the Australian Constitution S109. And in this instance Common Law overrides Statute Law.
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4th August 2014, 08:57 PM #8
One more comment .. (I think...)
If you attach to the house, and the value exceeds something like 12k, you may need insurance.
Becomes relevant if you sell...Glenn Visca
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5th August 2014, 04:03 PM #9SENIOR MEMBER
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- Altona North, Melbourne VIC
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Interesting, but I wouldn't want to go through the agro of contesting council's laws in court just to prove that point - especially if your endgame is to just have a nice Pergola to enjoy a beer under. All the stuff above relates to a Native Title claim, which is a slightly long bow to draw compared to erecting a pergola in an urban setting - especially if one doesn't have access to Native Title rules.
Just my 2c
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5th August 2014, 04:55 PM #10GOLD MEMBER
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- Dec 2010
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- Mornington Peninsula
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The High Court ruling referenced, is one of many that enshrines Common Law over a property that is titled as 'Fee Simple', which mine is.
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