Unaware Structure Was Unapproved - Seeking Options

So I received a nice thick envelope from the council.
Thinking it was my rates, I was shocked to realise I had an unapproved patio and carport at my IP.
Back story:

• Purchased IP 7 years ago.
• Went through all the legalities; yes even getting a building surveyor who gave an all clear report.
• Seller did not mention the structure was unapproved.
• Here we are now trying not to lose the remainder of hair I have left.

Apart from what I've already been told about getting a building surveyor to see what can be done, I want to know if some sort of civil action can be taken against previous owner for not disclosing such info?

Thanks

 

The seller has no legal obligation to disclose this to you plus your statute of limitations may have also run out

 

You could take action against the postman who delivered the letter. But you should consider the chances of winning such an action. No doubt you would have agreed to do you own due diligence and not to have relied on anything that was not the contract - the terms of which would have merged on completion anyway.

Did you ask if the structure was approved?

 

Meh, what’s the biggie?
Two options.
1) have the two unapproved structures removed.
2) go through the council to get them approved.

My experience with this is that if you call the number at the bottom of the page and explain how it came about, the council is fairly receptive.
Ask them if the structures are likely to be approved if relevant paperwork is submitted.

Blacky

 

How hard can it be to get a car port and pation approved ?

They are exempt developments, within reason, in NSW.

Not something to sue over.

 

Caveat emptor. That what a P&B inspection and searches during acquisition are for.

If the structure doesnt comply with all requirements then demolition is often required. eg if it looks like its dodgy bros construction.

They may be exempt devs in NSW but must met specs.
Balconies, decks, patios, pergolas, terraces and verandahs | NSW Planning Portal

I have a neighbour several doors down with that issue. His pergola was there when he bought. Council came to approve his new spa fencing and noted it was unapproved and not complying as exempt. Flat roof (no run off) and had external power and TV and speaker cables (none waterproof) and other issues like excessive size and inadequate drainage (run off to lawn / garden). Footings felt like there werent deep and roof was secured by a few short screws. I'm no builder but when he showed me it was evident it was a bad DIY job. Council required it to be removed as it was beyond fixing. He put another smaller approved one in its place as it covered the spa and gave privacy.

 

I cannot imagine there is a lot of value added by a shoddy DIY, non-compliant patio.

So probably better off knocking it down anyway.

 

The rules were different seven years ago. Councils were also less likely to take action on non compliant structures. Unfortunately I doubt legal action would be worth it.

You bought an older property, they need regular upgrades, including redoing unapproved work. More due diligence next time.