Advice Needed - Extra bedroom not on approved plans

Hi All,

New poster here. I am in the process of buying a house in Brisbane and had my offer accepted. Building and pest all good and finance has gone through, now pending settlement.

It was advertised as a 4 bed house with two up and two down. It has had reno work down to a good standard as noted in the B&P. Being new to the game I only recently asked for a copy of the approvals and plans as we will look to further reno in the future.

It all looked good with a final inspection certificate issued, plumbing and electricals all approved and initial DA submitted. My issue was when checking the floor plans submitted to Council in the initial DA, it looks like the 4th bedroom was not originally on there. There has been no subsequent approvals or changes as far as I am aware.

I was wondering what my options are. Is it in theory an unapproved bedroom or does final inspection issuance supersede this? If not approved, I could settle and go for retro approval, or do I have any recourse given misleading information or something along those line?

Any help is greatly appreciated, thanks!

 

Talk to your property lawyer. The only "recourse" you have that is likely worth the effort (and money and time) is to cancel settlement. Chances are the bedroom is not approved and the structure may need fixing as a result. Talk to your building inspector.

 

it depends on the location. If the garage was converted then that section of the house was not approved for habitable rooms. If a habitable area was just split then it may be exempt development (no approval required).

 

Hi many thanks both.

Should I enquire straight with the Council as they have the plans? Or to save any potential trouble, will it be better to go through my conveyancer in the first instance?

Cheers

 

a lot more councils have reasonably up to date info on their websites

Start there to search for plans and info

 

The REA may already have that information too.

 

what is the height of the bedrooms?

 

Hi all, I have been online to the council website and seen the original plans/approvals. My agent also talked to the Seller.

Story is they had built under all to code for 1 bedroom, entire building has been raised to 2.4m. They had a view to add the second bedroom once they had the money to do so.

General guidance (without viewing the plans) from the Council and my conveyencer is that it is okay without approval, but for piece of mind they recommend I chat to a private certifier.

As I plan to do some further development, I might try a consolidated certification for all the works I plan to do (build carport, covert garage to living space).

I think the accountability is now on me even though I haven't settled

Any risks with the above?

Many thanks!

 

Sounds like RPI's comments will apply then- looks like they did the right thing, lifted the house and made the entire downstairs qualify as habitable areas.

 

There's always risk, buyer beware That sounds like a solid plan though.

 

Oh dear me. What an Oops!

Whose fault is it if you buy a home with illegal buildings on it?