Non complying structures

Just went through a couple of open homes this weekend, noticed a pergola that was installed right up against a boundary fence. Pretty sure this wouldn't have got through a DA.

Curious as to what that means now, does it need to be knocked down? Should we get the vendors to do so before purchasing?

Haven't had a building inspector through but am sure he'd pick it up.

What's everyone's thoughts on this?

 

Depends where. Some places will do a retro approval.

 

You could insert a clause in your offer that the seller warrants that all additions, modifications and alterations have LGA approval and all certificates will be provided on or before settlement.

Then wait to see if your offer is accepted .

 

Or you could decide you wanted the property even if the pergola had to be removed at a later date. If unapproved, unless a complaint is made the council usually does nothing.
Marg

 

Or you could get title insurance which covers unapproved structures in the event they do need rectification.

 

Have you checked the council regulations? It may be kosher. Good excuse to knock some $$ off your offer anyway

 

Is there anything wrong with the pergola, as in do you like it? If you don't have any issue, and the neighbour doesn't have any issue, you get a free pergola. Can you check the council records for the property? Solicitors can take forever, so don't rely on them. If you still want the house but you don't want any potential hassles, just put in an offer instructing the vendor to remove the pergola.

 

Thanks all, yeah it looks good but just didn't want to take on any extra responsibility for ensuring something is to code.

Have done our numbers on this property and don't think it's right for us anyway.