When you lodge a Development Application, you are required to provide written owners consent as part of the process. This means that the owner of the property must sign the DA form or an accompanying letter. Usually, this is reasonably straightforward. However, it can get a little complicate in some instances as is detailed below.
It is important that all owners who are listed on the property title provide written consent. Council or the relevant consent authority are not able to legally approve or assess an application if all owners have not provided an original signature.
If the development site is a part of a strata lot, in addition to the owner of the relevant unit providing consent, the body corporate will also be required to provide consent. This will usually be a letter from the strata manager or secretary. It will need to be on letterhead and some Councils will require the secretary of the Strata Plan to sign.
If a property is in company ownership, a director of the company must sign. Some Councils, such as the City of Sydney will require a copy of the list of company directors from ASIC. The consent from the company will need to be on letterhead and a company seal is also required.
In some instances, proposed works may also impact a neighbour’s property. For example, if you are altering a semi-detached dwelling, the common wall is owned by both lots. Accordingly, you will need to get consent from your neighbour for any works to this part of your home. Council will require this consent when you lodge the application.
If you are proposing to undertake work on a property you lease from the Crown, you will need to gain consent from them to lodge the application. Government bodies have established processes
set up to provide this consent. Usually, you will need to provide them with a complete copy of the application you are proposing, complete a form and pay a fee.
Once the owner’s consent is provided, you can lodge your application and fingers crossed……….
Development Consent will be coming your way.
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