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Do I need development consent to convert the attic space in my house into a bedroom?

Our house is 60 years old and it has an unused attic space. I want to convert that space into a bedroom for my son. Can I do this without lodging a development application and without notice to the council?
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 13-11-2015
1 Lawyer Answered
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  1. Environment & Planning
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by Neha Sharma, Hillsdale 2036 NSW

  • You should check with the duty planner at your local council to confirm whether an attic conversion is classified as complying development.
  • Generally attic conversions are classified as complying developments meaning that you do not need to lodge a development application for your proposed changes.
  • You still need building approval. You will need to instruct a Principal Certifying Authority (PCA) in order to get a construction certificate. Without this certificate you cannot lawfully commence construction on your property.
  • Since your house is 60 years old you should confirm that it is not heritage protected or in a heritage conservation area. If your house is found to be in a heritage conservation area you are required to follow other specific development standards.
  • If your proposed development affects other things such as trees or vegetation in the area you will need to seek consent and approval from the council.
  • If your proposed development does not meet the required standards listed under the planning instruments you will need to obtain development consent from the local council prior to commencing any work by lodging a development application.

 

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