Unapproved structures

I'm looking at a property where the agent is telling me a 2 room studio separate to main house is unapproved. What would be the legal consequences if council new about it after the sale? Could they force me to pull it down or pay for it to be approved.

 

Both.
Most likely removal, but this would depend on local council, if they allow second residence or not, then if the development meets their criteria (parking and such).
Best to discount the property value, to not only exclude the granny flat but to allow for removal costs......

 

A lot of interest in the property so I'm thinking the seller won't need to offer the discount. The studio isn't really a second residence (in my eyes) but like you say the council probably would see it differently to me. It does seem odd though that it is unapproved while it has 2 separate sheds on the property that are new and have approvals.

 

I tend to agree with Stoffo. Council may have turned a blind eye when approving the other sheds but I have had several calls from new owners saying that just weeks after purchase, council knocked on their door......admittedly most were for illegal granny flats but others also.
If the two room studio has a kitchen council may deem it a granny flat anyway.

 

Thanks, studio has no kitchen, really just a shed but gyprocked inside to make 2 empty rooms.

 

Hi Anthony,

I bought a property that has a shed that has been turned into a grannyflat by the previous owners, it is not council approved. The property was my PPOR but now is an investment. What are my options if incase I have an encounter with the council? At this stage no issues, as I spent some money to rectify the illegal work such as connecting gas to it via gas pipes connected to a Cylinder and some electrical wiring that was not deemed safe by the tradie has all been rectified. I am concerned after spending that cash the council will say, yeh nah, spend another 20k to demolish it.

 

I would suggest speaking to a private certifier to see if you can get it approved.

 

Does a private certifier have the same obligations as a sparky (let's say) to note area's that are non conforming and to disconnect/report defects ?

 

In NSW there is no certainty really, but usually there are some options to avoid demolition, however if there are many issues sometimes demolition is cheaper... I would just sit tight and hope it flys under the radar.

 

I would be seeking independent town planner advice on the degree of the issues and the cost to remedy (if available). You buy all defects and liabilities incl penalties and costs to rectify.