Uncertified housing/private residence extension

Discussion in 'Legal Issues' started by qwerty13, 28th May, 2020.

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  1. qwerty13

    qwerty13 Member

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    Hi,

    Can’t find rules online about housing extensions for Victoria. Looking at an investment property currently in south east Melbourne. They have plastered around the old awning, added electricity and a sink and currently have someone living in there. The agent has said that as it has been there for over 7 years, they don’t need certification/approval now.

    just wanted to know what the deal was before we made an offer? This will obviously affect bank valuation/legal implications. Thanks
     
  2. Joynz

    Joynz Well-Known Member

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    I assume by awning you mean porch or verandah?

    Call Council and ask them when it was done, if they have a record of it and if there was a permit / if one was needed.
     
  3. qwerty13

    qwerty13 Member

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    So they have converted this into a “bungalow”/ another room with sink and electricity.

    I called the council and they have said that the agent needs to contact the owner to provide a permit which I know they don’t have.

    A building inspection will 100% be done but I was just wondering about the legality of this as it has been there for >7 years and I have been told if it is this long then the council can’t really do anything about it. I can’t find the rules anywhere
     

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  4. Joynz

    Joynz Well-Known Member

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    My bungalow in Melbourne was built in 1970 and there is a building permit for it.

    Requirements depend on when it was built. I hadn’t heard about any ‘7 year‘ rule.

    There may be no records or there may be some.

    Just call Council and ask. Councils have been taking aerial photos well before google maps...
     
  5. qwerty13

    qwerty13 Member

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    Yes I called Dandenong council and they said to call the agent to ask the owner for a permit. The council wasn’t very helpful
     
  6. Joynz

    Joynz Well-Known Member

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    That seems odd. I had no trouble getting help when I asked for a house in a nearby council.

    Call back tomorrow and be really polite and ask again. Ask the vendor too of course...
     
  7. KateAshmor

    KateAshmor Victorian Conveyancing Lawyer Business Member

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    Time doesn’t matter if you won’t be able to get insurance for an illegally built structure.

    What if the electricals in that room start a fire? Or a tradie/visitor trips and falls inside, sustaining a bad injury? You’re unlikely to be covered by building and public liability insurance if the room was illegally built.