Section 32 Vendor Statement

[Twanger]

I purchased an IP in March 2001.

On the section 32 under the heading "Section 5 Building Approvals and Insurance" the following was stated.

'Particulars of any building approval granted in the past seven years under the Building Act 1993 - None granted.'

The IP was part of a subdivision in July 1994 in which part of the block was subdivided.

My question is - Does the subdivision count as a building approval on my land?

If it does then the section 32 statement above is incorrect and do I have any legal comeback?

Any comments most welcome.

 

[asy]

Hey Twanger,

I am not a solicitor, but,

I would say that subdivision does not count as a building approval, since nothing has been built. But ask the council.

What do you want legal comeback for?

What are you trying to do?? (Are you trying to get out of the contract? sue for damages? what??)

asy

 

[Kristine..]

Twanger

From your description, the building/dwelling pre-existed the subdivision.

The S.32 does not relate to the parent title, but only to the title being sold, so unless there was any building work done on the block you bought between March 1994 and March 2001 there are no details to provide.

In so far as information contained in or omitted from S.32 statements, the purchaser can only avoid the sale up to settlement of the contract and acceptance of title - legal possession of the property.

In fact, even if no S.32 was issued, that does not invalidate a sale. The vendor may be liable to prosecution, but a buyer would have to prove material disadvantage or loss particularly misdescription of title, or some unknown fact which may have influenced their decision to buy or not buy the property.

As you have now owned the property for more than two years, even if (for example) the Council had now directed you to dismantle the illegally erected sunroom, it would be unlikely to be considered material enough disadvantage to you for a court to set the contract aside.

Cheers

Kristine