Illegal Extensions!

[samria]

Hi Everyone!

We have recently signed a contract for sale, but not sure if the extensions done to the property are done with Council permits.

How can we find out if the extensions were done with permits and can we pull out of the contract once it goes unconditional if the extensions are illegal.

Our conveyancer has advised us against speaking to the council directly..as it may come to the councils notice if it was not legitimate. There are no details of the permits in the Section 32

Could the SS forumites please help with this one.

 

[craigb]

in canberra every one that sells must have a building and pest inspection, this is to ensure if the structures, are valid and what the energy rating is etc..
A building inspection should pick up any , noncompliance, but ask a local expert not the agent selling the house to you?

 

[Raddles]

Hi there
can your conveyancer do a search of the Council building records?
I note that in QLD if we are concerned about a building - we can search Council records for what has or has not received approval - which does not necessarily mean they will go out and check a property for compliance.
One would hope that the extensions would be done with permits - has your building inspector made any comments about the extensions?
thanks

 

[RumpledElf]

If the council hasn't noticed illegal extensions for more than 7 years (check what timeframe your council actually uses) then you're fine. If they're illegal AND structurally dodgy then you're not so fine.

My entire IP isn't council approved, but the house is like 100 years old so noone cares.

 

[Zhouse01]

If the council hasn't noticed illegal extensions for more than 7 years (check what timeframe your council actually uses) then you're fine. If they're illegal AND structurally dodgy then you're not so fine.

My entire IP isn't council approved, but the house is like 100 years old so noone cares.

You sure? I didnt think they would put a time limit on illegal extensions?

 

[luvvit]

Samria

I had a similar problem. My solicitor/conveyancer added a clause into the contract, saying (basically) that the purchase was subject to the verification of the structure to my satisfaction.

I then had to employ the services of a surveyor and get a council information on the property, all in all it cost me $600, but the surveys verified the information I needed, and I sleep well now because of it.

The worst case scenario is that council would have had their attention brought to the illegal brick garage, and it would have had to be demolished (but even then I could have re-negotiated the price) and the demolition and clean up would have been the vendors responsibility.

Dont think of it as a hard situation. Yes, if Council's attention is brought to the structure and its not approved, the problem is not yours, its the vendors. And if you do pay for the property to be surveyed and find out that the structure is approved, then its money well spent.

Just my 2c worth

Luvvit

 

[Tools]

Your conveyancer should be checking to see what permits have been issued for the property , not asking about specific extensions etc.

Tools

 

[RumpledElf]

You sure? I didnt think they would put a time limit on illegal extensions?

Its pretty standard. Probably has some exclusion about not houses built since 1980 (or even 1970) in there too, since it is a more recent thing having building codes and approvals. Seriously, if there was no time limit they'd have to demolish half of Australia's housing stock for being illegally built. Most of the houses in the street my IP is on don't comply for all manner of reasons but are all quite old, so no issues. My entire TOWN would be unapproved except the two new houses, and the only building council demanded be vacated and demolished was a garden shed someone recently decided to live in and they got dobbed in to the council.

But then I don't deal in new houses, the three I've owned were built in 1920, 1876 and 1900. Two of those had lean-to extensions, and my PPoR just has some rather fascinating non-complying DIY renos done to it that I'm sure council is unaware of. I'd wager my house-sized shed wasn't approved.

 

[redwing]

No approved extensions patios etc could prove to be a problem if an insurance issue arises as a friend discovered when storms threw his "non approved" patio into the fence and then the neighbours yard

Others in the street lost roofs etc

 

[Mamaof3]

There is a great mob who allow you to insure against this very thing...
Basically if you suspect something was done illegally and its not noted in the contract, you can take out this insurance (same price as any other insurance ~$350/yr) and if council find out and order you to either remove it or replace it or fix it, the insurance covers this and all associated costs involved in doing so.

So might be worthwhile taking this insurance out for peace of mind before you go unconditional, then once unconditional you could either call council to find out if the structure is illegal or not OR, you could simply just pay your $350/yr and hope nothing comes of it.....just an option for you.

But ideally you'd want to find out before you go unconditional. Although you could use this to your advantage and ring council to confirm and if not, use this as a negotiating tool and you may find yourself bagging a bargain! Just some thoughts

 

[Mamaof3]

sorry forgot to mention.....don't ask me who the insurers are because they've got a funny name and i can't remember it for the life of me!

 

[eKwatee]

There is a great mob who allow you to insure against this very thing...
Basically if you suspect something was done illegally and its not noted in the contract, you can take out this insurance (same price as any other insurance ~$350/yr) and if council find out and order you to either remove it or replace it or fix it, the insurance covers this and all associated costs involved in doing so.

This is one such insurance company

http://www.firsttitle.com.au/