Council Complaint - Wants to inspect! Illegal Construction??

[Tom84]

If a local council calls you to do an inspection on an apartment based on a complaint from a previous owner (Before you owned the property)

And the complaint was almost a year ago are they allowed to force an inspection of your property? Or is there any privacy laws that can prevent this from happening as it seems as an intrusion.

Also if work was done to the unit before you purchased it and you were unaware of it not been council approved are you liable in anyway?

What would the best course of action to reject a request for an inspection of your property based on an outdated complaint of a previous owner?

 

[Ideo]

What are the works in question?

 

[Tom84]

He said something about an additional wall installed (Ie: a wall installed with a door for living room to become a 3rd bedroom/separate dining.

How do I prevent them from doing an inspection as the complaint wasn't against me but the previous owner and his work.

 

[chilliblue]

He said something about an additional wall installed (Ie: a wall installed with a door for living room to become a 3rd bedroom/separate dining.

How do I prevent them from doing an inspection as the complaint wasn't against me but the previous owner and his work.

If you are the current owner noted on the registered title this would be your problem and not the previous owner.

The onus is on the purchaser to be aware of what they are buying and Council's normally will not accept ignorance as an excuse.

If this property is a unit, then the strata plans would have detailed what you were buying and have noted the approval of any change to same.

 

[Scott No Mates]

You do not have any right to reject council's request for a property inspection to ensure compliance with their approval of a building/pool/structure.

Council can impose fines for not allowing inspections. If there have been works undertaken without approval, they also have the right to order demolition eg. additional bedroom which would then cause the building to require an additional parking space, etc. The improvements travel with the title, not with the previous owner, they created the problem, you have to fix it.

If your due diligence at purchase did not reveal that there were only 2 bedrooms approved and you purchased a 3 bedder, your fault for not getting the home warranty insurance etc from the vendor.

 

[Peter_Tersteeg]

The council does have the right to inspect and as the current owner you are expected to rectify the problem at your cost. You're also exepcted to have done your due dilligence with regards to this sort of thing when you purchased the property.

Unfortunately this sort of thing does occur. You purchase the property on good faith that there's no outstanding issues like this, then it becomes your problem. In a lot of instances even the previous owner didn't even know about the problem, although it's interesting that here it's the previous owner that's reported it.

In Victoria the previous owner has to disclose any outstanding issues like this in the section 32 if they're aware of them. This would preclude them from then reporting an issue since they would have lied on the section 32. I don't think NSW has the same statements.


Title Insurance

To avoid this, there is title insurance available. It's not widely known, but for a one off premium when you purchase the property, you can get an insurance policy that covers this sort of thing as well as boundary issues, etc. The cost is usually less than $500 and covers you for as long as you own the property.

 

[Scott No Mates]

Title Insurance

To avoid this, there is title insurance available. It's not widely known, but for a one off premium when you purchase the property, you can get an insurance policy that covers this sort of thing as well as boundary issues, etc. The cost is usually less than $500 and covers you for as long as you own the property.

Can you get Title Insurance for old systems/qualified titles?

 

[Tom84]

I think the previous owner knew about it but had somehow got the council to put it on the back burner until after they had sold the property.

The inspector claims the complaint was lodged last year and due to lack of staff they have only now gotten to look into (After I had purchased the place conveniently)

I'm well aware I should have done due diligence on this now that it has happened.. but there has to be some way to post-pone the inspection indefinite or some way to avoid it? It seems awfully unfair if he forces a room to be destroyed that is currently tenanted. If there any way to get something like this approved via a 3rd party prior to an inspection or a way to delay inspections?

 

[handyandy]

As per the previous posters the onus is on you.

I have a similar situation in a strata block where I am on the executive. Unit was just sold and via the advertising of the unit we found out that the previous owner has removed (partially) a possible structural wall.

Ones the new owner has moved in the BC will request a engineers report at the new owners expense to validate the modifications to the unit.

If the mods don't pass muster than the new owners will need to rectify.

Cheers

 

[Terry_w]

For NSW
http://www.austlii.edu.au/au/legis/nsw/consol_act/epaaa1979389/s118a.html

 

[Peter 14.7]

Yeap, you are stuffed. Also you may find in the event of an insurance claim you are not covered due to illegal alterations.

Best to fess up, inspect and solve it as best you can.

You can sure the other party for loss and agent if it was marketed as 3 bed when only 2 etc.. but a long process with no guarantee of result.

Peter

 

[chilliblue]

I think the previous owner knew about it but had somehow got the council to put it on the back burner until after they had sold the property.

If you are wanting to chase the previous owner it will be up to you to attain proof beyond reasonable doubt.

Step 1
My immediate focus would be to find out what the property should be and if any modifications have been made.

Step 2
If changes have been made and no strata/council approval has been granted, see if they modifications would comply if applied for now.

Step 3
Speak to council and fess up. Better to be open and complying rather that evasive.

 

[Propertunity]

Title Insurance
To avoid this, there is title insurance available. It's not widely known, but for a one off premium when you purchase the property, you can get an insurance policy that covers this sort of thing as well as boundary issues, etc. The cost is usually less than $500 and covers you for as long as you own the property.

^ ^ +1 from me.

 

[Tom84]

What about private certifiers? If they give the thumbs up for an extra wall can I tell the council I have certificate and cancel any inspections?

 

[Ideo]

Speak to Council. The building inspectors are often fine to deal with. If you are fine to them. Trying to stop them gaining access will only get them offside. They generally come out, let you know what works are unapproved and talk you through what to do and how to do it. It will probably a simple matter of lodging a building certificate. Hell, I've had a client rebuild an entire house without approval and all Council needed was a letter from a structural engineer stating that everything was built well and there wasn't any issues. They are not all bad.

Some works are classified as exempt, hence my question. New walls are not.

 

[S.T]

Yep, you need to work with council on this one, not worth getting them offside.

 

[Peter 14.7]

Speak to Council. The building inspectors are often fine to deal with. If you are fine to them. Trying to stop them gaining access will only get them offside. They generally come out, let you know what works are unapproved and talk you through what to do and how to do it. It will probably a simple matter of lodging a building certificate. Hell, I've had a client rebuild an entire house without approval and all Council needed was a letter from a structural engineer stating that everything was built well and there wasn't any issues. They are not all bad.

Some works are classified as exempt, hence my question. New walls are not.

Except this is unit block and one other owner has already objected. Design, carparking, contributions, strata levees are all set by size and number of bedrooms. You can call it a study but it is bit late to play that game.

I say pull it down.

Getting a house signed off it a different thing to unit.

Peter

 

[Ideo]

Except this is unit block and one other owner has already objected. Design, carparking, contributions, strata levees are all set by size and number of bedrooms. You can call it a study but it is bit late to play that game.

I say pull it down.

Getting a house signed off it a different thing to unit.

Peter

Unless the Strata doesn't have an issue.

 

[Peter 14.7]

Unless the Strata doesn't have an issue.

And Council and BCA and Fire Regs as you and I both know. Many "unless-es" to cross off.

Peter

 

[Ideo]

And Council and BCA and Fire Regs as you and I both know. Many "unless-es" to cross off.

Peter

Exactly. I wasn't clear in what I was saying - the OP is much better off working with Council on this matter rather than trying to stop them from gaining entry. Especially given that it wasn't them that did the work.

Working with people in these matters gives a much better outcome than head in the sand.

Given what the OP said the complaint seems to have come from a previous resident rather than the strata. Which may mean it is someone with a grudge rather than anything else. But no matter what, the best thing to do is to work with Council rather than against them.