Thanks Thanks:  0
Likes Likes:  0
Needs Pictures Needs Pictures:  0
Picture(s) thanks Picture(s) thanks:  0
Results 1 to 10 of 10
  1. #1
    Join Date
    Sep 2004
    Location
    Brisbane
    Posts
    925

    Default 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

  2. # ADS
    Google Adsense Advertisement
    Join Date
    Always
    Location
    Advertising world
    Posts
    Many





     
  3. #2
    Join Date
    Apr 2011
    Location
    se Melbourne
    Age
    62
    Posts
    2,567

    Default

    You may get a better response from the Renovate Forum web site.

  4. #3
    Join Date
    Oct 2013
    Location
    Altona North, Melbourne VIC
    Posts
    223

    Default 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

  5. #4
    Join Date
    Jun 2003
    Location
    Sunbury, Vic
    Age
    84
    Posts
    2,713

    Default


    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

  6. #5
    Join Date
    Jun 2007
    Location
    Queanbeyan NSW
    Posts
    231

    Default

    Quote Originally Posted by chook View Post
    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.
    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

  7. #6
    Join Date
    Dec 2005
    Location
    Canberra
    Posts
    3,260

    Default

    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.

  8. #7
    Join Date
    Dec 2010
    Location
    Mornington Peninsula
    Posts
    2,741

    Default

    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.

  9. #8
    Join Date
    Jan 2001
    Location
    Langwarrin, Victoria, Australia
    Age
    55
    Posts
    677

    Default

    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

  10. #9
    Join Date
    Oct 2013
    Location
    Altona North, Melbourne VIC
    Posts
    223

    Default

    Quote Originally Posted by cava View Post
    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.

    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

  11. #10
    Join Date
    Dec 2010
    Location
    Mornington Peninsula
    Posts
    2,741

    Default

    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.

Similar Threads

  1. Pergola
    By movay_2008 in forum WOODCARVING AND SCULPTURE
    Replies: 7
    Last Post: 19th November 2013, 10:35 AM
  2. Pergola
    By banga in forum FLOORING, DECKING, STUMPS, etc.
    Replies: 2
    Last Post: 10th April 2008, 10:01 PM
  3. Pergola
    By mnorman007 in forum PERGOAS, GAZEBOS, STROMBELLAS & ROTUNDAS
    Replies: 0
    Last Post: 8th June 2007, 10:17 PM
  4. pergola help
    By doog in forum WOODWORK - GENERAL
    Replies: 15
    Last Post: 23rd May 2006, 08:31 PM

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •