When a Shed is not a Shed!

Posted on : February 26, 2011

It is very important to get the classification of your shed, garage or carport correct (Class 1a or Class 10a) as per the previous article.

Take the following Development Tribunal decision from the Toowoomba City Council as an example of getting the classification wrong.

In this case a carport was used as an entertainment pavilion, however the council gave approval as a Class 10a building in the expectation that the structure was to be used as a carport.  When the builder went to sell the property, the carport was completed and used in the promotions for the sale of the property, by the builder, as an entertainment pavilion. The applicants bought the property on the understanding that the structure could be used as an entertainment pavilion.

The new owner’s decided to put in a pool that would block vehicular access to the Class 10a structure.  The council came to the conclusion that “…when used as an entertainment pavilion it is considered habitable i.e used as part of living in the residence.”

This case became complex and eventually the ruling from the Tribunal was “in accordance with Section 4.2.34(2)(b) of the Integrated Planning Act 1997, changes the decision of the Toowoomba City Council, dated 6 September 2006, by allowing the structure to remain in it’s current location and re-classifies the existing structure from a Class 10a carport to a Class 1a building subject to the structure remaining 100% open at all times”

Who was responsible for paying the additional fees to convert the building from a Class 10a to a Class 1a?  Not to mention the amount of time that was invested from the new owners, in presenting their case to the Council and Tribunal and the delays it caused to adding their pool!

There are a great many cases where the classification has been made incorrectly and it has caused a great deal time delays, and in some cases cost.

Take a look at this article where a building was funded from the federal stimulus program for Black Rock Primary School, it was incorrectly classified as a Class 1oa and it looks like it will have to be moved.  Try moving a $200,000 shed!!

Mandy Grogan at the basketball stadium that does not comply with building and fire regulations – Photo: Justin McManus

What a pain, make sure you classify you shed correctly!


One Response to “When a Shed is not a Shed!”

  1. Roofer said...

    Shedeye – This really clears up the definition of the “garden shed” or “garage”. A lot of regulations are involved if the “Shed” is no longer a Class 10a Building!

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