wrote in message
news:lrr7d2dv1kl89t7qip6c705sfqhrhflirc@4ax.com...
> On Fri, 4 Aug 2006 17:18:57 +1000, "Otter" wrote:
>
>>
>> wrote in message
>>news:err5d2hg9ao31mfe0m37dsuegdtl3sb2ph@4ax.com...
>>> Under NSW law, who is responsible if a tenant of an undeveloped block
>>> constructs something unlawful? It is unlawful because it is
>>> specifically excluded in a DA consent.
>>>
>>> Should council go after the tenant or the owner?
>>
>>If the council wants the thing that has been constructed removed, it might
>>choose to tell both the owner and the tenant what it requires and ask that
>>it be removed. All the council usually wants is the removal.
>>
>>There might be some relevant facts that have bnot been given, of course.
>
> Well, there is a lot more that could be said that might be relevant.
>
> The issues for me are (1) council possibly prosecuting for unlawful
> construction and (2) council compelling removal.
>
> Who are they likely to prosecute and compel - owner or tenant?
Prosecution? More likely the person responsible for the construction, if
they knew it was unlawful. Possibly the person refusing an order to remove
the unlawful construction. In any event, it will depend on the relevant
legislation in the jurisdiction involved. Generally, likely to be more
trouble for the council than it's worth, but that depends on the facts.
Civil action? Very likely. The person subject to being required to remove
the unlawful construction will depend on the facts, but it should be fairly
obvious and it will depend on the relevant legislation in the jurisdiction
involved.
Care to indicate your interest in the matter?
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