Browse Forums Renovation + Home Improvement 1 Oct 20, 2015 12:58 pm Hi, I am just wondering if anyone can provide me some insight to the situation I am in. We purchase our house in 2007 with an extension to the back, which pretty much backs onto the neighbours fence. It has been bought to our attention that there is no permit. So the council has given us notice and we either have to pull it down or try to rectify it. (We have just finish extending up, so this is why, this issue is occurring now). We are in discussion with our builder to try to keep our back room, to either the same size or smaller. I am not sure if we are allowed to keep the same size. What I want to know is, can the Real Estate sell a house without a permit? And shouldn't the conveyancer have check the section 32 and all it's permit? Or is it purely the case the buyers should have known? Before I start questioning someone, I just want to know where I stand. Any advice would be great. Re: No Permit for existing extension 2Oct 21, 2015 9:03 am Have you checked if there is a statute of limitation? I would have thought authorities have 7 or 10 years to point out a building violation? First port of call would to ask the council. They usually don't disclose such work arounds at first instance but would be obligated to tell you (it's like when electricity companies chase you for 12 months of bills albeit they are only limited to 9 months but don't tell you straight up try to get away with it). As for checking... All in all it comes down to the buyers themselves to do their due diligence. How is the real estate agent expected to check if that out the back toilet is legal or not? How is the conveyancer able to check if a verandah was only meant to be up to 900mm away from the fence and not right up to it? It purely comes down to practicality and unfortunately it all comes back to the buyer. You can use a building inspector to check how sound the house is and also tell you if something is built NQR (but I think you have to ask for this service unless they include it). Re: No Permit for existing extension 3Oct 21, 2015 9:28 am When someone asks me what should they look for when buying a house I always tell them to view the plans off the council website if possible. This can throw up some interesting things like illegal extensions, encroachment of fences from neighbours, when alterations were done regarding builders warranties etc. Stewie Re: No Permit for existing extension 4Oct 21, 2015 9:36 am Thank you. If the extension was done say, ie 2001 and the council has now picked up on it and given us notice, are we as the Owners obligated to fix the issue or can we object by saying it built in 2001, therefore that regulations didn't apply? Re: No Permit for existing extension 5Oct 22, 2015 9:08 am I'd have a quick chat to your solicitor. I seem to recall in NSW that there were changes to the law about six years ago in this regard in that if you buy a property then as the new owner you are regarded as being responsible for everything on the property - illegal extensions or not. As they say "Caveat emptor - let the buyer beware ". I should also point out that there have also been cases where new owners have successfully sued the previous owner in cases like this. Stewie Re: No Permit for existing extension 6Oct 19, 2016 7:11 am Great answers from Adam.M and Stewie and raise important points. Firstly, yes it is buyers beware and even pre purchase inspections to Australian Standard 4349.1 will not disclose if additions are legal.(in fact it is exclusion in the report) It's a separate service you have to specifically request or make your own enquiries. Secondly, illegal construction is one of the most common defects associated with established homes so you have to be careful. I have, in my pre purchase reports, many times alerted purchaser to likelyhood of structure being illegally added (pergolas, decks,garages converted into habitable areas, sub floor areas converted into rooms etc) with notation to check with council. Finally you are stuck with what you have and it seems you either have to make it comply or pull it down. In the first instance you should get opinion from council building surveyor as to what they are looking for, then expert opinion from your own expert. I had a case where owners built gazebo and neighbours complained. Council inspected but could not do anything because it was exempt structure under schedule of building regulations but whilst they were there they discovered illegally built pergolas either end of the home. Lucky for owners they were well built and did not require modifications but still it cost them 8K to have them legalised. Foremost Building Expert in Australia,assisting with building problems/disputes, building stage inspections,pre-contract review advice for peace of mind 200 blogs http://www.buildingexpert.net.au/blog Re: No Permit for existing extension 7Oct 19, 2016 10:21 am Hi Miss Lotus Its sounds like the structure on the boundary is non-compliant and how much larger is it? The major issue with structures built on the boundary is fire compliance If this is the case then your issue now is to pull it down, make it compliant or have it certified as equivalent or better than what is required. Goodluck Designer,Engineer (Civil,Const & Envir),Builder,Concrete & Masonry Contract.Struct Repairs Looking to start the journey of becoming an owner builder in SA. Feeling pretty (overly) confident on the building and construction details, but really struggling to find… 0 5784 You wont need a permit to put in non loading partition but you will need a licensed plumber and a licensed electrician 1 4994 I don’t think so as the floor area over 300 square meters then it is class 3…. 12 15853 |