Building Over Sewer Letter

Hi Guys,

My partner and I is now under contract with the vendor and we have paid the initial 0.25% deposit. The cooling off period stated on the contract is 5 days however, when my solicitor asked for the Building Over Sewer Letter as there is a sewer main running under the building, the vendor has not yet provided this letter. The vendor finally agreed to extend the cooling off period for another two days but she said the BOS will probably not be available before the new cooling off period ends.

This is a concern to me as we are first home buyers and know very little about the consequences if we do not have the BOC before the new cooling off period expires.

Could someone please advise us if the BOS does not arrive before the new cooling off period expires, should we rescind the contract or not? We are buying a unit in a 40 years old building at NSW. Considering the age of this building, we thought the strata management or the building should have the BOS or maybe the vendor is trying to delay the process.

Thank you in advance for any kind advice.
 
This will have been an issue for anyone who has bought the unit previously - (I assume that the vendor is not the only previous owner in 40 years).
 
No, she isn't. She bought this unit 3 years ago. But I mean the building is been there for 40 years and they would have known there is main sewer underneath the building, wouldn't they?

Apparent, I don't know whether she purchased this property without a BOS but I wouldn't think so otherwise, she doesn't care whether she needs the BOS or not?
 
This letter confirms that developer had permission to build over the water boards main sewer lines.

Your conveyance/solicitor should find out via their own enquiries considering your cooling off and if you were my client I would advise you not to exchange until this was clarified. Personally I would not like to buy into a building which was built over the water boards sewer line without the board's authority.

Fleur
 
This letter confirms that developer had permission to build over the water boards main sewer lines.

Your conveyance/solicitor should find out via their own enquiries considering your cooling off and if you were my client I would advise you not to exchange until this was clarified. Personally I would not like to buy into a building which was built over the water boards sewer line without the board's authority.

Fleur

Oh, thank you so much for you advice. We are just weren't sure whether the building built over sewer is a common thing here or not. Were they allowed to build on top of the main sewer without approval?

My colleague said this is quite common so I don't know how server this matter is as some blogs mentioned that the Water company rarely need to do maintenance for those concrete pipes.

So I don't know is it a really negative point to this property or not?
 
I would relax if I were you. It would be very unlikely that a unit block would be built over a sewer without Sydney Water approval. And all the other unit holders in the block would have made the same enquiry at some point.

We purchased a few moths back for a client where the unit block was also in the same position. We got the BOS letter all OK. Turned out the sewer was 30 meters deep and cut into solid sandstone.

It's bad Feng Shui apparently (if you subscribe to that belief system), so a resale would not appeal to some Asian buyers.
 
Builing Over Sewer Letter

As I said I personally would not want to buy property without confirmation that approval for the building over the sewer was given by the board and I would make you sign all sorts of docs that you were aware of the situation.

Maybe they wont need to service it but who wants to be an owner in that building if they decide they do and approval was not given to build over it.

I suppose when approval is given to build over it the board consider whether there will be a need to ever service it and make their decision accordingly. Important to get the letter.

Fleur
 
Bos letter

It is really a practical rather than legal issue. The water authority or council will not be pulling down the building after 40 years. The real issue, whether or not there was a consent originally, is to determine the water company can repair and maintain that pipe without damaging the building. Modern buildings built over sewers are built in such a way as to allow access to the pipe for repairs. The answer to this question may require a builder or plumber to look at the building and the original building plans if they still exist. The reality is you may never know and just have to take a punt that nothing happens during your period of ownership. All "clear" BOS letters say is that the water authority has no objection to the building over the sewer, but they have the right to maintain the sewer pipe and make any alterations to the building necessary to access the sewer for maintenance and if the occupants suffer disturbance from maintenance works then tough luck. So the letter won't address the real risk, which is disturbance due to maintenance.
 
Monday morning checking emails and saw replies.

Not giving legal advice just my opinion.

Something to think about, without the BOS letter, who would be responsible for repairs to building should the need arise to service.

Must be good reason for the legal practice of obtaining that letter.

However Lzxzr can consider risks and the end decision whether to exchange without the BOS letter is theirs. Obviously they have already received advice from their own solicitor in that regard (who it seems follows normal practice of requesting it) and are looking for opinions on whether others would exchange without it.

Listen to your solicitor Lzxzr that's the best advice any body can give you.

Flleur
 
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