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How to get council agreement to build on a block before you buy it?

Discussion in 'Legal Issues' started by Dumbo, 16th May, 2016.

  1. Dumbo

    Dumbo Member

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    Perth
    Ok this might seem like a ridiculous question but if you don't ask you don't know and I might learn something along the way.

    Basically I found a block of land with a really nice view advertised. The advertisement included plans for a house. When I rang the number on the plans to speak to the architect he advised me that the client had submitted the house to council but it had been rejected. The council had requested they get numerous independent soil tests done and indicated that even then they were not inclined to approve it. Now the soil tests aren't great and they rated it a p . It's rocky, on a hill/cliff and has some fill going by the reports. But the view is glorious and there is a house next on the block next door and the block on the other side is also advertised for sale.

    As stupid as it sounds, is there anyway to get the council to approve the right to build something on the block before buying the place? Obviously the last thing I want is to buy a block and be told I can't build on it, so has anybody encountered a similar situations before?

    My father in law is a builder and I will get him to ring and speak to the planner and get some more info , but if he gets some favourable news I'd like to know if there is a way to lock something down if possible. Thanks for your input guys!
     
  2. Scott No Mates

    Scott No Mates Well-Known Member

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    You can submit your offer to the vendor subject to achieving a DA, nothing new about that.
     
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  3. Dumbo

    Dumbo Member

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    Perth
    Yeah that was the only thing i could think of too.
     
  4. LifesGood

    LifesGood Home Building & Development Consultant Business Member

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    Perth WA
    Offer subject to building/planning approval etc. The other consideration is build cost. Get your own quotations, don't rely on the Architect to give you an approximate. You can almost guarantee it will go over.
     
  5. Paul@PFI

    Paul@PFI Tax Accounting + SMSF Business Member

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    If its zoned right then the only issue is your design and its placement obtaining approval. (eg apply for three galvanised humpies they will knock it back) A local Town Planner can advise if its a problem site or subject to likely limits and be an unsuitable site. Soil testing / survey may also be needed.

    Loads of peeps sell unsuitable land your questions are good to ask now. You really need to know if you can build your preferred design and not a compromise on it. STCA is a rather useless condition as its likely a 1bedroom approval could be easy. See how flexible the vendor is in seeking a tight description of the approval. A client of mine just sold at auction a cleared lot with STCA on building a 4bed. Council ummed and ahhed and finally was OK with the 4bed with conditions on windows etce