Know your council’s building regulations

Kerry Anderson working from home

Opening any new business should be cause for community-wide celebration, but sadly is often marred by the frustration of dealing with local government.

As I talk to rural business owners around the country, it appears this is not an isolated incidence, particularly for those that are converting existing buildings to a new purpose.

Clearly this is not all of local government’s fault. Not only are councils being asked to apply higher standards to building regulations, but policy is also forcing them to be more risk averse.

But could they do it better? In my opinion improvement could be made by both parties.

From a business perspective it is wise to do your homework before you start. Even then allow a contingency in your project plans for hidden costs and unexpected delays.

In one instance a group of business partners diligently researched other rural bakeries in preparation for their new start-up. While allowing for the installation of disability access and modernisation of the premises they didn’t realise that even more stringent building regulations apply to a premises that changes purpose of business. This affected both their budget and their opening date. Ouch!

At the other end of the spectrum a business owner went through a lengthy application process only to discover that he hadn’t been required to do so. Double ouch!

Interpretation of ‘one-size-fits-all’ building regulations and a lack of common sense is a huge area of concern for small businesses in a rural setting.

A niche butter factory that recently relocated in order to expand was stunned to be told that a proposed carpark would need to be sealed, something that they hadn’t considered in a rural context and beyond their already stretched budget. Ideally these extra requirements could be staged or enforced at a later date when considered necessary.

Delays in inspections and issuing of permits is a common complaint. While a business owner is counting the cost of mounting finance and lost potential income, council staff and contractors may only be allocated to this role on certain days and not replaced when on leave.

Keep a good record of all correspondence and conversations. One businesswoman resorted to visiting the council each week to try and progress her permit application and constantly received different responses from different staff members.

Know your rights. If Council doesn’t respond within a certain time period – e.g. after 60 days in Victoria, you can take the issue to tribunal; however, be warned that any request by council for more information can potentially reset this timeframe.

For all these reasons some businesses are engaging a private town planner and this could be a wise investment if you don’t have the time and patience to deal with bureaucracy.

At the end of the day all the boxes need to be ticked by council so there is no point going on the attack. A good way forward is to make sure you keep your end of the bargain and negotiate common sense compromises where possible.

In the meantime small business needs to keep lobbying government for more flexibility and increased access to council services.

Kerry Anderson, businesswoman, philanthropist and community advocate from Central Victoria who is passionate about rural and regional Australia