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Renovations without council approval

Discussion in 'Legal Issues' started by bobbyj, 25th Jun, 2015.

  1. bobbyj

    bobbyj Well-Known Member

    Joined:
    19th Jun, 2015
    Posts:
    195
    Location:
    Sydney
    Hi Guys,

    I am in the process of looking at buying a few IPs in Queensland.

    My solicitor has pointed out on a recently renovated property that the games room at the rear hasnt gotten council approval (at least there's no documentation on the database).
    I believe this will be a bargaining angle for me but what are the legal issues?

    I plan on getting a building inspection if they accept my offer however will I be liable if there are faults with the construction? Will the council come after me if they find out after I become the new owner?
    Thanks!
     
  2. moyjos

    moyjos Well-Known Member

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    18th Jun, 2015
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    Location:
    Sunshine Coast
    Of course you are planning to make your offer SUBJECT TO BUILDING INSPECTION.
    For the sake of a couple of hundred dollars in council searches, why would you put yourself through this hassle. Either the house is compliant, or the price will reflect the cost of reticification. If the vendor is not willing to come to party, the next "best deal" is just around the corner.
     
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  3. Paul@PFI

    Paul@PFI Tax Accounting + SMSF Business Member

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    Location:
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    Unapproved works are not an asset but a potential liability. They have negative value
     
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  4. Chilliblue

    Chilliblue Well-Known Member

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    And also bear in mind that they may have an effect on the insurance coverage.
     
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  5. Perp

    Perp Well-Known Member

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    Location:
    Brisbane
    In Brisbane, this is extraordinarily common. My understanding is that the Council didn't even start keeping records until the late '70s or early '80s, so my understanding is that if you asked Brisbane City Council what the approved building is on a particular site, they wouldn't be able to tell you for the vast majority of inner city properties. (Newer fringe developments, yes, but anything established, probably not.) My understanding is that unless what you've built is a danger or contravenes planning laws (e.g. too close to boundary, unapproved granny flat), they're exceedingly unlikely to pursue you.

    But I'm sure @RPI would have some valuable input here. :)
     
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