Conveyancing - No permit for shed... ?

Howdy

We are in the process of putting in a pool and in doing so have found out that the shed has been built over the easement without any approval. T

Now my question is...

Shouldn't this have been picked up by the conveyancer?

I have googled and can't seem to find anything on it...

 

Depends upon whether the shed required approval.

 

Does the shed matter to you?

Where I live, we don't need approval for a garden shed. Everyone in my suburb builds things like that over the easements. We figure that space/land is precious and the chances of council/water dept ever wanting to dig up the backyard are miniscule. If it ever happens, then gardens, paths and sheds can be temporarily removed and returned when they are finished.

 

Depends on the size of the shed.
Garden shed or double garage.
If its older than 7 years it wont have been flagged and unlikely council will make you remove it.
Presuming in Vic ?
Not sure now, but it used to be up to a value like 7k or such that no permit reqd (thats 7k for a builder, not 7k of secondhand brick and a bbq with a few mates)
More details ?

 

Did you ask your conveyancer if the shed had approval?

 

I'm guessing its more than a garden shed.

There's no way or reason a conveyancer would know the shed was on the property is there, especially if council isn't aware, not on any docs etc, they don't visit/inspect the property, just handle the transfer docs/legalities etc?

 

How would conveyancer know ?

is it a problem ?

 

Sorry for the lack of detail...

I it wrote first thing in the morning so there a few gaps in the story

I was trying to get an understanding if the conveyancer is liable/responsible for any of the expenses we are going to incur for CWW (City West Water)....due to the illegal shed not being recognised on settlement?

Do we have to provide this information to CWW? Are we legally bound?

OK the easement that runs across the back fence is where the shed/office sits... right across it.

Our application needed to go to City West Water as we wanted to build the pool fence across the easement. In doing so, the plans showed the illegal shed/office which is built over the easement. Talk about opening a can of worms....

Okay so CWW has since sent someone out to check the shed out and now they would like us to do the following:


City West Water has conducted a site audit and advise the following information is required:

1. provide footing details for the existing shed in relation to the 225mm sewer pipe. If this cannot be obtained City West Water will require the following; To alleviate City West Water’s concern about ground settlement and subsequent damages to the shed if we need to dig and repair the sewer pipe, we require a geotechnical engineers report with sign offs from both the geotechnical and structural engineers that the integrity of the foundation and structure will not be undermined if we dig a trench 1200mm wide (600mm on both sides of the centre line of our pipe) to the invert of the sewer pipe.

2. all plumbing fixtures inside the existing shed has to be removed. No plumbing fixtures are allowed within the easement. Once this has been completed a site audit will be arranged to confirm removal

3. Closed Circuit Television (CCTV): As shown on the attached sewer plot, City West Water has a 225mm concrete sewer pipe in the sewerage easement under your existing shed. As the existing shed has been built over the sewer pipe, City West Water requires the length of the sewer to be CCTV’d (Closed Circuit Television) and structurally assessed. This is to establish the condition of the existing sewer pipe. The CCTV assessment would be undertaken by City West Water at the owner’s cost.

Please note that if the CCTV assessment determines the length of sewer built over is structurally inadequate then the sewer is to be rehabilitated on a cost share basis with City West Water.

If we change the direction of the pool and no longer need their approval, are we obliged to provide the items etc?

We have approached the conveyancer and they said nothing on the contract showed the shed so they have no responsibility.

I would just like some advice on what is the best way in moving forward...

Appreciate your advice

 

Sounds like more than a shed?

 

Yes not the best description .... slightly bigger than a shed...

Probably the wrong word to describe the shed/2 bedroom office... No plumbing...

 

Sounds like your going to have to do what they want now they know about this. Ask them, you can't hide now.

Ask them for options, such as if you remove/demo the shed and slab.

Also, doing what they want does not mean it has been approved by council.

 

The easement would have shown up on the plan of subdivision and also on the water certificate in the vendor statement.

I always look up my clients' potential purchases online, to check for possibly illegal structures. If your conveyancer didn't do that, they should have warned you to check for any illegal structures. This might be in their letter of engagement.

 

That's a good point Kate.

I believe even if every conveyancer, or even sales rep, mentioned this sort of thing during initial process most are usually so caught up with excitement, in-trepidation etc they only hear half of what their being told or shown, only what they want to see etc...