Hi all,
I signed a contract last week for a property (~18-20 years old) in a growth suburb in Ipswich QLD.
The person who did the Building Inspection told me that there is high chance that the pergola (and possibly the carport) has no Council approval.
I did not include this as a "subject to" in the contract, and my solicitor told me that they have not included this in their search, although it is still possible to search for this in a rush (for extra fee).
I am also alarmed by the initial feedback by the building inspector (written report will be given to me tomorrow), as there is a visible sign of slight movement on the structure (this area is known for this, being on a black soil.).
My question is: What should I do if the pergola (and / or carport) is indeed have no council approval? Am I liable if somebody rented the property, and say the pergola collapsed and somebody is hurt? Also, can I rectify / correct this situation, i.e. inform the Council (once I owned the property) and fix it?
Thanks for any advice.
Apana
If the building inspector has flagged an issue its most like due to construction.
There is nothing stopping you from rectifying the issues submitting new plans and going through the normal approval process post settlement.
Beware though that the council may issue you with notice once that property settles. Eventually they'll get around to it.
Most Councils will come on site an give you the advice you need.
Check out the approvals for yourself go to the councils website and search for PDOnline. If your purchasing property in QLD go to the Local Government website and search for the planing data.
Or call the council and ask the question.
Thanks "Opportunity In Everything" for your helpful info.
I also searched this discussion area, and I also found some of your related replies on the topic. I learned a lot!
I called the Council, and I found the lady very helpful. She gave me the information I need — good service. This made me wonder why my Solicitor advised me that getting this kind of information will take time, and will cost me money, etc., etc. I found that it is just a phone call away, and it's free!
It seems that the patio / pergola has no council approval, and if the shed is more than 10 sq.m. (rough calculation from the aerial photo seems it is more than this), then, it is also without approval. The car port though has an approval.
Thanks,
Apanaor you could just leave it where it is, if the neighbours havent complained and said anyhing to council WHO really cares?
I was told that if something is hurt (e.g. if the pergola fell, blown by the wind and hurt the neighbour, etc.), I may be in trouble.
Apana, if you dont want to buy the prop you can get out of it based on inspection report if that deadline has passed you can get out on finance you can also extend unconditional phase until all of this is sorted out to your satisfaction. I have had the same issue on a purchase and put it all back on the vendor they had to run around getting approval etc you could also get a $ concession depending on how keen the vendor is to sell.
If and when you sell the buyer may do the same to you if the structures are not approved and cant be approved.
I would be more interested in the movement in the existing home than whether carport etc has approvals done… they can always be done later but if the movement is structural it could be expensive to fix… wait to see your written report… you may be able to re negotiate the price if there is a small problem, good luck
mackar
Apana
You have to think long term implications as well as the short term.
The 'risks' you have flagged are quite serious. You will be liable as the owner. In addition, you may find difficulty in taking out landlord's insurance to cover yourself (until the problem is rectified) particularly as you have now been made aware of the issue (and you can't claim ignorance). It would not be a good position to be in to have an un-insured or conditionally insured property – one 'mistake' here may also affect your future risk profile with insurance companies.
A couple of options:
– Go back to the vendor and flag your findings and request that they get council approval prior to settlement as a condition of contract;
– ask for a longer settlement period (say 6 weeks more) and negotiate the price down; then get a council inspection as quickly as possible; and then based on the inspection, if necessary, get an engineer to 'fix' or provide the certification you need. Ask for an option to extend the settlement until the necessary approvals are in place;
– sell this to the vendor in terms of – in it's current unapproved state – he/she is the one that is at risk.Regards
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