Hi all, need some advice from those in the know... Thanks in advance.
Bought dream house in 2004, outskirts of Sydney, on acreage backing onto bush.
Fully renovated plus added 2 x 20m2 single storey extensions in 2005 without planning permission.
Submitted a DA in 2010 for additional works. I had the plans drawn up as building was in 2010 (i.e. including reno?s and extensions from 2005) and submitted these as the plans of what was existing. DA approved.
Approval was under new fire zone regulations and included three sides of the house designated as BAL40 and one as Flame Zone with an overriding condition that no timber was to be used on the outside of the building for any new construction.
Decided to do the work in stages. Stage 1 was completed in 2010. Works included half a dozen new aluminium windows and doors, and over 15 new steel veranda posts and aluminium fascia to meet bushfire compliance (different from the exiting 20+ timber windows and 15+ merbau posts and fascia). Occupation certificate granted late 2010.
As this was to be our ?forever house? and we had no plans of selling, post completion I changed the windows and doors to match the existing and planned to clad the posts and fascia in merbau to match the originals.
2014, circumstances have changed and I now wish to sell the property. In order to sell for max value I wish to complete stage 2 of the works. This again includes posts & fascia work.
So my options seem to be..
a) Clad 2010 posts & fascia to match, do new works to comply and then clad 2014 fascia and posts to match after occ certificate. This will maximise the finish of the house, but it will not comply with DA. This may lead to problems with building certificate, sale process, post-sale litigation.
b) Clad 2010 posts & fascia to match, do new works to comply. This will provide a good level of finish, but it will still not comply with DA (2010 posts, fascia and windows). This may lead to problems with Building certificate, sale process, post sale litigation.
c) Replace or cover windows with shutters, $15k-20k, find some way of cladding 2010 posts and fascia with something like knotwood (aluminium with grain enamel coating), do new works to comply. This will detract from the look of the building and will not maximise sale price, however will mean no problems with building certificate, sale process and post-sale litigation with regards to 2010 and 2014 works, but could still be issues with 2005 works anyway.
What to do?
What are the chances of purchaser getting a Building Certificate from council considering it is a $4m purchase?
If items are disclosed on contract of sale I presume that the purchasers solicitor would pick up on it and it would lead to issues during sales process , including purchaser not being able to insure building etc?
If not disclosed and sale proceeds have I provided warranties and if so how likely is successful post sale litigation by the purchaser?
Bought dream house in 2004, outskirts of Sydney, on acreage backing onto bush.
Fully renovated plus added 2 x 20m2 single storey extensions in 2005 without planning permission.
Submitted a DA in 2010 for additional works. I had the plans drawn up as building was in 2010 (i.e. including reno?s and extensions from 2005) and submitted these as the plans of what was existing. DA approved.
Approval was under new fire zone regulations and included three sides of the house designated as BAL40 and one as Flame Zone with an overriding condition that no timber was to be used on the outside of the building for any new construction.
Decided to do the work in stages. Stage 1 was completed in 2010. Works included half a dozen new aluminium windows and doors, and over 15 new steel veranda posts and aluminium fascia to meet bushfire compliance (different from the exiting 20+ timber windows and 15+ merbau posts and fascia). Occupation certificate granted late 2010.
As this was to be our ?forever house? and we had no plans of selling, post completion I changed the windows and doors to match the existing and planned to clad the posts and fascia in merbau to match the originals.
2014, circumstances have changed and I now wish to sell the property. In order to sell for max value I wish to complete stage 2 of the works. This again includes posts & fascia work.
So my options seem to be..
a) Clad 2010 posts & fascia to match, do new works to comply and then clad 2014 fascia and posts to match after occ certificate. This will maximise the finish of the house, but it will not comply with DA. This may lead to problems with building certificate, sale process, post-sale litigation.
b) Clad 2010 posts & fascia to match, do new works to comply. This will provide a good level of finish, but it will still not comply with DA (2010 posts, fascia and windows). This may lead to problems with Building certificate, sale process, post sale litigation.
c) Replace or cover windows with shutters, $15k-20k, find some way of cladding 2010 posts and fascia with something like knotwood (aluminium with grain enamel coating), do new works to comply. This will detract from the look of the building and will not maximise sale price, however will mean no problems with building certificate, sale process and post-sale litigation with regards to 2010 and 2014 works, but could still be issues with 2005 works anyway.
What to do?
What are the chances of purchaser getting a Building Certificate from council considering it is a $4m purchase?
If items are disclosed on contract of sale I presume that the purchasers solicitor would pick up on it and it would lead to issues during sales process , including purchaser not being able to insure building etc?
If not disclosed and sale proceeds have I provided warranties and if so how likely is successful post sale litigation by the purchaser?
