Permits and approvals for NDIS home modifications

Planning NDIS home modifications can be a lengthy process. You’ll need to arrange a home modification assessment with an Occupational Therapist, arrange supporting documents, and find the right NDIS building services before you can execute your plan.

And of course, you’ll need to get the appropriate permits and approvals first.

Just like any other home renovation project, NDIS home modifications are often subject to approvals and permits from a range of other parties and stakeholders. Failing to account for this crucial step can often lead to barriers or hiccups in the application process. And that’s what we’ll be focusing on exploring today.

Building and Planning Permits

If we’re talking about permits, then it’s best to start with the first one that usually comes to mind. Just like many other types of renovations or changes, some NDIS home modification projects will need a:

• Planning permit – certifies that the council has approved the proposed changes or additions to the home
• Building permit – certifies that the work adheres to building regulations, and is carried out by a certified builder

Depending on the types of modifications included as part of an NDIS home modification plan, one or both types of permit may need to be obtained before you engage a registered provider for NDIS building services.

When will I need council permits for home modifications?

Each council in Victoria has its own unique planning scheme outlining which works will require a planning permit. While the specifics vary between councils, planning permits are generally required for works that involve new construction or additions to an existing property, as well as demolition work.

Homes covered by heritage overlays in particular may be subjected to more stringent planning schemes, requiring planning permits for a wider range of modifications than homes in other areas.

Additionally, any construction work that affects the structural integrity of the home, changes its floorspace, or carries higher risk will require a building permit as well.

The best way to find out if your NDIS home modification project requires either of these permits is to get in contact with your local council for more information.

Some examples of home modifications which might require a building or planning permit

• Door widening – can often require removing existing walls to make space, which can potentially affect the structure of the home, necessitating a building permit
• Ramp and decking installation – ramps directly connected to the dwelling will usually require a building permit
• Roll-in shower installation – often require permits due to the extensive plumbing work and bathroom remodelled that’s often required
• Accessible kitchen modifications – more extensive changes that involves significant plumbing and electrical work or structural changes may require permits

Body Corporates and Owner’s Corporations

Body corporates and owner’s organisations play a key role in managing strata properties like apartment buildings, units, or townhouses. While they primarily focus on maintaining shared property, they can also:

• Regulate parking
• Enforce noise regulations and follow-up disturbances
• Provide building insurance for residents

Depending on the nature of your NDIS home modification plan, you may come into conflict with certain by-laws set by the body corporate. In these cases, you may first need formal written approval from body corporates or owner’s corporations before embarking on a home modification project.

When will I need to get approval from a body corporate or owner’s corporation for NDIS home modifications?

Many body corporates will have a charter outlining what sort of modifications homeowners can make, as well as which changes require approval. While each has its own rules and bylaws, generally speaking, external modifications such as ramps are more likely to require approval.

When it comes to internal modifications, most strata agreements are more forgiving. The exception is when internal modifications are likely to adversely impact the comfort or safety of other residents. For example, modifying kitchens for wheelchair users can involve lowering all countertops and appliances, which be disruptive for neighbours. It can also require new plumbing, which can impact neighbours in apartments where parts of the plumbing are shared.

These are just two examples of internal changes that may also require approval from a body corporate. And while body corporates are not legally allowed to issue fines, they can take other actions against infractions. As such, it’s important to read the charter carefully and get approval where necessary.

Some other examples of modifications which may require body corporate approval

• Exterior ramp installation – many bylaws require approval for changes that affect the exterior appearance of the property or which impact shared areas
• NDIS home automation modifications – some solutions require electrical upgrades, which may impact other properties or affect the shared insurance policy
• Complex home modifications – construction noise can cause disturbances, while your NDIS building service’s work vehicles can block common driveways or parking areas

People with disability and rental rights – what home modifications can you make to a rental?

According to the Australian Institute of Health and Wellbeing, close to a third of people with disability rent. For many NDIS participants, it won’t just be their local council or body corporate they’ll need to get approval from – they’ll also often need to get signoff for NDIS home modifications from their rental provider as well.

As the owner of the property, the landlord has a say over whether or not certain changes to the property can go ahead. When it comes to people with disability and renter’s rights however, Victorian rental laws make it clear that landlords cannot refuse accessibility and disability-related modifications as long as the modifications are reasonable and have been prescribed by an occupational therapist.

Of course, that doesn’t mean that NDIS participants can start modifying their homes without informing rental providers and landlords. Before commencing your home modifications project, you’ll still need to provide the landlord with a detailed proposal outlining exactly what modifications your plan includes. The landlord must then provide written approval before work can go ahead.

When can a landlord deny NDIS home modifications?

One thing to note is that the law does make exceptions. There are some instances where landlords and rental providers are within their rights to refuse permission, even if said modifications are necessary for participants to continue living independently.

For example:

• The property will be significantly and permanently changed as a result
• The modifications will spill over into common or shared areas
• Reverting the modifications once the lease ends is impractical or unfeasible
• The proposal conflicts with other legal requirements or heritage overlays (where applicable)
• The lease is coming to an end soon and hasn’t been renewed

If the answer doesn’t fall under the approved exceptions however, the next step may be to apply to VCAT for a ruling.

Most of the time however, if a modification is rejected, occupational therapists and NDIS building services can come together to brainstorm alternative modifications. Our NDIS builders for example come from Allied Health backgrounds, performing home modification assessments and performing functional capacity assessments.

As such, we’re uniquely positioned to work alongside your Occupational Therapist to provide feedback and alternatives that are more likely to be approved.

More than just builders

Our NDIS building services include application, permit, and approval support

Obtaining the right permissions and approvals is crucial. And the best way to do that (and avoid a lengthy, drawn-out process) is to know what permits you’ll need to apply for.

While this article has hopefully been informative, at the end of the day, no two home modification projects are the same. To maximise the chances of a successful project that receives all the approvals and permits it needs, it’s best to engage the right team.

That’s because our NDIS building services go beyond simply performing the work. The right team can also provide advice on the permits and approvals front, as well as guiding your project through the funding application process. When it comes to something as important as your continued autonomy and quality-of-life, there’s really no excuse for not taking all the help you can get.

Whether you’re an NDIS participant who’s been approved for funding and is now looking for a trustworthy NDIS builder near you, or an Occupational Therapist looking for a home modification partner who speaks your language, contact our team today on 1300 333 746 or click here to request a quote.