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Better Compliance

22 Aug 2023

How can one best achieve a high degree of compliance with an estate's design code? In this artical, we explain how to get better results for everyone.

Design codes (aka design guidelines) are often used to help achieve a developer’s vision.  The vision outlines how a residential estate will look and feel, and the design standards in the code detail what is required to achieve that by lot owners, house designers and builders.  In this way a code serves to coordinate the efforts of multiple people.  However, the people who should use a code may be unaware of it, unaware of a relevant design standard, or quite deliberately ignore what is required.  How then can one achieve a high degree of compliance with an estate’s design code, and so achieve the intended vision? 


A vacant lot between completed houses can become overgrown and messy, reducing an estate’s value.

Taking an owner to court or a tribunal for breaching a code is cumbersome and expensive, so it almost never happens.  However, rather than try to force people to correct something wrong, we find it is much more effective to remind them to do the right thing.  Reminding lot owners about the code and what it asks for achieves more compliance with much less effort.  In this article, we explain how to get better results for everyone!Months or even years may elapse between someone buying a lot and completing the house and garden on it.  Lot owners can easily forget about the requirements of the estate’s design code during that time.  Building a house is a complex and demanding process for anyone, and even more so for someone buying their first home.  At say six months after settlement, the Design Review Group will send the lot owner a notice reminding the lot buyer of the code and the benefits to everyone of complying with it.Most design codes include requirements to start and finish construction and landscaping within a certain time.  These help potential buyers know they won’t be subjected to endless years of construction noise and disruption, or living next to an unsightly vacant lot for years.


The right standards in design codes can help minimise the inconvenience and mess that house construction often imposes on neighbours.

We process developer approvals for Jinding’s Broadstead estate.  Here’s the construction starting time standard from its design code:“In accordance with the Contract of Sale, construction of your home must commence within 6 months of settlement of your lot.”We also process developer approvals for Development Victoria’s Taylors Quarter estate.  Here’s the code’s standard about construction finishing:“You must complete the construction of your home within 3 years from the date of settlement. When your house and driveway are completed, your builder will organise for a Certificate of Occupancy, which will allow you to move into your new home. The landscaping of your front garden must be completed within 6 months of your Certificate of Occupancy.”The Design Review Group sends out notices reminding lot owners and their builders of their obligation to start and complete construction within a certain time from settlement.  The DRG also sends notices to finish construction within a certain time of construction starting, or to complete the landscaping within a certain time from occupancy.  We use information we collect during audits of finished development to know when to send those reminders.  The notices are sent out with ample time for lot owners to action whatever needs doing.  Lot owners want to know they will soon enjoy peaceful surroundings.  Similarly, an estate developer wants to know that all houses in the display village will be ready to open when the display village opens.  We send notices to remind the builders of the sequence of deadlines they must meet so their display home is ready in time.Reminder notices build awareness in lot owners, designers and builders of the design code and its requirements.  Owner-occupiers are naturally house proud, and reminder notices build on that.  As well, they build a collective sense among the owners that they should do the right thing by others in the estate.  Reminder notices also indicate that the estate developer treats the code seriously, and that owners are therefore more likely to face legal action if they don’t comply. In summary, sending out reminder notices is a simple, cheap and easy technique to achieve better compliance with a design code and development that is closer to the intended vision.  Lot owners enjoy a better neighbourhood and the developer builds a better reputation. The Design Review Group can set up reminder notices for your estate.  Talk to us about preparing design codes, processing applications for developer approval, and auditing construction for compliance with a code.

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