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I have strata plans registered and approved by Northern beaches council in 1995. We purchased a two storey unit in a duplex in 2001. I assumed that the strata plan reflected what council had approved. The building had originally been a block of flats that was converted into 2 units and strata in 1995. The previous owner tried to get 3 units but did not have enough parking so the bottom two levels are one unit. There were two meters for gas and power which we could not get changed.
Our plan shows 62m of living space on the ground floor with a flat above. We lodged a DA to extend a new room on the back of the building.
Northern Beaches council is saying that we are using the ground floor despite it being unauthorised as living space by council and that we have divided our unit into two dwellings. They are going to require a building certificate to assess this unauthorised use of the building.
If the living space is shown on the strata plan doesn’t that mean that it has been approved by council so is not unauthorised living space.
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The strata plan and the approved DA are two separate pieces.
Living areas are characterised by certain features (windows, ventilation etc). You would have to go back to the original DA to see what the council approved as the usage for each space. What you call living may have been approved as storage.
Your strata plan only delineates the ‘strata’. It does not show the room dividers nor is concerned with the internal layout nor functions of the rooms.
Since you are seeking a DA it’s the council rules or the highway.
In this case you may benefit from engaging an architect. I know the builder can supply the council plans etc, but the architect is familiar with the councils planning rules and may find a way to get what you want through council.
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