Buying a house with non compliante structures/sewage diagram update

Discussion in 'The Buying & Selling Process' started by kirags, 9th Oct, 2019.

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  1. kirags

    kirags Active Member

    12th Nov, 2017
    We are looking at going to Auction to buy a PPOR that will require renovations. However, there is a disclosure in the contract in regards to a Kitchen extension and backyard studio that may not be compliant and could result in the Council to make upgrading or demolition Order or Sydney Water to make an update of the sewer service diagram.

    We would need to do some renovations to the house and would like to keep it as CDC where possible. So wondering if we keep the renovations as CDC, if a private certifier would be able to approve without taking into consideration past renovations.

    In the worst-case scenario, if we need to make it legal, does anyone know what would be the cost of updating the sewage diagram with Sydney Water? And would the council really ask for the kitchen extension to be demolished? In the backyard there is a garage that was converted to a studio with kitchenette, laundry and toilet which might also not be compliant according to the contract.
    The Vendor has not provided a Building certificate but the Tittle Search says there is NIL unregistered dwelling – not sure what that means.

    The agent says that this is not an issue as the house was built-in the 50's then renovated in the 70's so the council would view as existing structures and not look at compliance as it was done too far back.
    We spoke with a town planner at Randwick Council but not much help really.

    Any advice would be greatly appreciated.

    Also, recommendation of for a private certifier who could assist with our renovations plans would be great– Randwick Council - Thank you

    Here is the disclosure in the contract -:

    The vendor discloses that the following buildings or structures of the property
    may justify the making of an Upgrading or Demolition Order, and/or the
    making of an update of the sewer service diagram for Sydney Water:
    i. as regards Sydney Water (or its predecessors) alone - the rearranging
    and extension of the sewer drainage servicing at the rear of the house
    for purposes of renovation and addition of a kitchen, laundry and
    shower carried out in about 1976;
    ii. as regards the local council and Sydney Water (or its predecessors) -
    the installation of sewer drainage servicing the rear of the garage for
    purposes of a kitchenette, toilet, laundry and shower carried out in
    the 1960s;
    the purchaser cannot take any restricted action if these buildings or
    structures justify the making of an Upgrading or Demolition Order, and/or
    require the making of an update of the sewer service diagram for Sydney


  2. Propertunity

    Propertunity Well-Known Member

    19th Jun, 2015
    I think you probably mean NIL unregistered dealings??
    This one's got nothing to do with approved or un-approved renos at the property. It has to do with debtors lodging claims.

    The balance seem to be admissions of un-approved works that may have to be demo'd at some point if council or sydney water discover them. I'd be taking all that into consideration in working out your max bid at auction. But realistically, you should be having a contract review done by a solicitor who can advise you on the likely outcome BEFORE you stick your paddle up at auction.
    bmc likes this.