Bought property with a dated complaint for previous owner

[Propertygirl1]

Hi all, I am hoping to get some advice or guidance on this issue.

My Property Manager (PM) got a call from council today regarding a dated complaint from 2012.

I just settled on this property less than 3 months ago.

I have yet to talk to the council, plan to do so in the next couple of days.
From what my PM told me it seems to relate to building height, brick fence height and a concrete slab...PM is wondering if the bathroom is not approved (it's the only bathroom at the rear of the property)

(PM is different from selling agent)

The previous owner confirmed they have not done any external Reno, just internal. We did not get a building certificate (was not aware of it till today).

Everything looks structurally fine to my inexperienced eyes when looking at the surveyor plan that came with contract, nothing seems to stick out.

My questions are:
A. Why did council take so long to act.
B. Since the complaint is so dated, will I be responsible for it?
C. Council have requested access to know the exact problem. So I am not sure how they have come up with this if they still need to see it?
E. What can I do in this situation? What are my rights?

Any general advice on how to approach this would be greatly appreciated as I am obviously now concerned about the potential cost to correct these past issues.

Thanks in advance.

 

[Ace in the Hole]

I'm not sure there is anything you can do but to grant the council access and see what they come back with, then take it from there.

 

[Peter_Tersteeg]

I'm certainly no authority on this, but I did interview an expert in 'title insurance'. My understanding from that conversation is that this is exactly the type of problem that title insurance would cover.

Unfortunately it may also be a case that once you purchased the property, it became your responsibility.

 

[Terry_w]

Unfortunately it may also be a case that once you purchased the property, it became your responsibility.

I think that is the case.

 

[Tano]

The law of contract - Requirements of authorities
Where an authority, such as a local council, requires work to be done on the property, the seller must complete the work if the notice is issued before the contract date. Alternatively, it becomes the buyers responsibility if the notice is issued after the contract date.

Disclosure
To ensure that the contract settles, the agent should conduct all necessary searches prior to the signing of the contract and disclose all matters affecting the property to the buyer.
The main areas for caution are with respect to:

• Clear title;
• Material fact
• Building matters;
• The affairs of a body corporate.

Once a relevant matter has been disclosed in writing on the contract of sale, the seller has performed their duty and the buyer accepts that they are contracting with full disclosure of the relevant facts. Contracts formed under these circumstances are binding and therefore have a high chance of completion

 

[Macca]

Did you use a lawyer or conveyancer, maybe they have some duty to do the correct searches ?

I would think that if the matter was outstanding with council, the council should have advised such when enquiries were made.

 

[nhg]

I have a similar issue atm.

I purchased a place with an old house behind the main residence, I rang council before I purchased it and they said it was fine as it showed up in the drawings I had in the contract with councils seal on it.

Now there has been a complaint (amusingly from the tenants themselves trying to lower their rent), so far all that has happened is the tenants have gotten themselves evicted.

The council rangers have come to inspect and shot a lot of fire and brimstone about the building being illegal and needing to be demolished, and that they have it as fact that I was renting it as separate dwellings. They refused to show me their maps they allegedly had.

When I asked them to back it up (very politely) I realised they had no actual backup. I have NEVER rented the entire lot as anything other than one dwelling to one tenant. Also when I chased them up they admitted to having no maps of the interior (or any at all) and my external drawings clearly show the second building.

Point being, chase up your own documentation and research, because chances are the council is just sniffing around and it is quite possible the actual drawings are missing (having worked at councils for 5 years, this is very common).

 

[vaughan]

I purchased a place with an old house behind the main residence, I rang council before I purchased it and they said it was fine as it showed up in the drawings I had in the contract with councils seal on it.
...

The council rangers have come to inspect and shot a lot of fire and brimstone about the building being illegal and needing to be demolished, and that they have it as fact that I was renting it as separate dwellings. They refused to show me their maps they allegedly had.

There is a difference between the council knowing about a building, and what the council have approved the building to be used.

It sounds as though it has not been approved as a secondary dwelling. It might be fine to use as additional bedrooms for the primary dwelling.

 

[Propertygirl1]

I am waiting on my conveyancer to reply regarding council searches in particular in regards to outstanding notices.

And ultimately I would need to speak to the council as I don't know the exact nature of the complaint. I have been fed second hand info from PM.

Without the exact details, I don't know what I am dealing with and there's the matter of council requesting access, I don't know if I can refuse or delay it.

Also worth to mention I have Stewart Insurance.

Thanks for your advice. I will keep you posted once I know the exact details.

 

[Propertygirl1]

I have spoken to council and they sent me a few satellite shots taken of the house at the time & now.
The claim is they show a change in roof coverage & hence building area.

By having a snap shot of the place years ago means someone did look at the complaint but never issued a notice to previous owner.
My conveyancer told me she did ask the council if there was any outstanding notices.
And I confirmed they have no plans or building drawing etc
In this case, any of you know what my rights are? Do I have to grant access?
Thanks