Retrospective Approval in Perth

I've recently found myself frequently discussing the topic of retrospective approval with clients and some of the tradesman. It’s become clear that many people are navigating a common misconception: the belief that constructing a building first and seeking approval afterward is a quicker and cheaper route. Let me share my insights and experiences on this subject, highlighting the pros and cons of retrospective approval.

What is Retrospective Approval?

Retrospective approval allows property owners to obtain legal permission for structures built without prior council approval. This process is particularly relevant for non-habitable structures like sheds, carports, and patios. When the structure complies with certified engineering drawings, the approval process can be more straightforward, but there are crucial considerations to keep in mind.

Pros of Retrospective Approval

1. Ensuring Compliance

One of the key benefits of obtaining retrospective approval is ensuring that your structure meets the National Construction Code. This compliance is vital for safety and regulatory reasons, giving you peace of mind.

2. Clarity and Security

Securing retrospective approval provides clarity about your property’s legal standing. It also helps protect your insurance coverage, as most policies require that all structures are properly approved.

3. Facilitating Future Transactions

If you’re considering selling your property, having retrospective approval can smooth the transaction process, avoiding potential delays and making your property more appealing to buyers.

4. Quick Resolution

Typically, if everything is in order, you can obtain retrospective approval within about 10 business days after submitting your application.

Cons of Retrospective Approval

1. Potential for Required Modifications

Based on my conversations with clients, one of the most significant pitfalls of the retrospective process can be the need for structural modifications. If an inspection reveals that a building doesn’t meet safety standards, you may face unexpected costs and additional work to bring it into compliance.

2. Hidden Costs

While the notion of saving time and money might seem appealing, the reality is that costs can quickly add up. Architectural drawings, structural inspections, engineering certifications, and any necessary remediation can create a financial burden that may not have been anticipated.

3. Increased Scrutiny

Local councils often scrutinize retrospective approval applications rigorously. If there are any concerns about compliance, your application may face additional challenges.

4. Legal Penalties

Failing to secure retrospective approval can lead to significant fines. In WA, the penalties can reach up to $50,000 for a first offence, with even harsher consequences for repeat offenders.

Frequently Asked Questions

Q1: How do I start the retrospective approval process?

It’s best to begin by consulting an architect, a specialist, or your local council.

Q2: How long does the approval process typically take?

Acquiring the document may take several weeks depend on how complex the project is and how many contracts are involves. However, once all required documentation is submitted, you can generally expect to receive approval within about 10 business days.

Q3: What costs should I anticipate?

Costs can vary widely depending on your structure and any modifications required. Send us an email for more information.

Q4: Is a structural engineer necessary?

Absolutely. A structural engineer plays a crucial role in inspecting the building and providing the necessary certifications for compliance.

Q5: What if my structure is non-compliant?

You may need to carry out modifications to meet the current standards set out by the National Construction Code.

Q6: Can I sell my property without retrospective approval?

While it’s possible to sell without it, obtaining retrospective approval beforehand is highly advisable to prevent complications during the sale.

Conclusion

From my experiences, it's evident that while the idea of building first and seeking approval later may seem expedient, it often leads to more complications than anticipated. Navigating the retrospective approval process is essential for ensuring that your property adheres to local regulations and provides a safe environment. If you’re considering this route, I encourage you to engage with professionals who can guide you through the process effectively.