Page 2410 - Week 06 - Thursday, 24 June 2010
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video
This levelled the playing field so that homeowners in the established areas of Canberra could also do things consistent with their fellow homeowners in new residential areas. In practice, this allowed homeowners to do developments such as alterations or additions to their existing homes without the need for a DA, provided they met defined criteria.
DA-exempt work does not need to be notified to neighbours, and no formal assessment and certification is required. This means that a person can determine themselves if the proposed development meets the exemption criteria, and no record of development is required to be placed on the building file. The building file has historically been a place where persons look to see what development or building on the lease has occurred and, through this, can check that the building was indeed lawful. This is particularly important in the conveyance check for the sale of leases. It is common for prospective buyers who want evidence of DA for all development on the lease, and some sales fall through when this evidence is not available.
Significantly, in April 2009 the exemptions were expanded to include a single dwelling that was compliant with the single dwelling housing development code of the territory plan. Whereas, before, the DA-exempt development covered only relatively minor buildings and structures, for example, garden sheds or pergolas, this new exemption changed that. We have striven to keep the balance. Structures made exempt from requiring a DA are mostly “code track” developments. As such, notification was not required and they had to comply with the same criteria as the current exemption requires.
By making the development exempt, the proponent or homeowner does not have to apply to ACTPLA for approval. With the expansion of exemptions, it became possible to look at the building file and not know immediately if the main structure on the lease was lawful or not. Although the DA is not the only thing on the building file that will attest to the legal status of the buildings on the lease, it is commonly understood, I believe, across the community that the house has both a DA and a BA. While the existing homeowner knows that the DA exemption was available to them, the buyer may not have been as familiar with the concept of DA exemptions as the seller.
This bill will deliver reform that will allow for the existing homeowner to obtain an exemption assessment notice from a suitably qualified and experienced person. If applied for, a copy of the exemption assessment notice must be placed on the building file, and this will greatly assist prospective buyers in the conveyancing process, giving them peace of mind that the home they are looking at buying is lawful. Additionally, the new exemption assessment notice will provide comfort to homeowners, even though they may not be selling their houses.
The reform, of course, will not be limited just to exemption for single dwellings; rather, it will be available for the full range of things that can be exempt from the need to have a development approval. To put this in context, there are currently around 100 exemptions covering developments as diverse as fences, driveways, landscaping and signs. The proponent, whether a homeowner or shop owner for commercial premises, will be able to apply for an exemption assessment notice to cover these exempt development activities.
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video