Legal requirements for home extensions

Renovating or extending your home is an exciting prospect for some, and one fraught with difficulties and complications for others. If the legal implications are putting you off beginning the big build, take heart, because it's not as bad as you think. Primarily, you will need to keep the council and the neighbours happy. The legal aspects of building an extension are, it must be said, less complicated if you are not doing the actual building work yourself.

Home extensions: Legal issues

If you are undertaking the building work on your extension yourself, you will be classified an 'owner builder', which means that you must fulfil several requirements before, during and after the building process.

• The best way to avoid potential legal problems with your neighbours is to talk to them before you begin. Let them know what you are planning to do and when, and be prepared to compromise (if you are planning construction on weekends, for example, be sensitive of noise issues, and aware of council regulations on this)
• Always have written legal contract with any tradespeople or contractors you use, and have them checked by an expert if in any doubt
• Check with your local council about what building permits you will require. For a small extension (adding another room, for example) you may be exempt from council approval if the work has little or no impact upon the environment and neighbours
• If the work is to be relatively extensive, you may need to lodge a Development Application with the council
• Insurance on your house may need to be changed to accommodate the new extension, and anyone who works on the construction will need to be covered by insurance
• Building and subdivision work may require a construction certificate for the plans, engineering drawings or specifications. This is obtained through the council
• It is your responsibility to seek approval from other agencies if it is required. If your building work impinges upon heritage, environment or planning bodies in your state, seek approval from them before proceeding
• You may need an owner builder permit - regulation on this differs from state to state
• If you use a builder, they are responsible for all subcontractors. If you don't, the responsibility for the safety and appropriateness of the work they do will fall on you.

Ensure that you stay within the legal boundaries by checking with your local council, as by-laws change from council to council, and there may be some you had not considered.

Legal aspects of your home extension

While it may take some time to clear the legal aspects of your home extension before proceeding, tackling this aspect of the project is achievable. Ensure that you take the time to plan, consult the appropriate authorities and keep the neighbours informed, and your project should proceed unhindered. If it all seems too much, hire a builder who will tackle much of it for you, or at least advise you.