Hi all,
I was just wondering if anyone else had run into simular problems.
I am selling one of my IP and the purchaser has signed the contact with no coditions at an acceptable price of 725K (was valued at 730K) so i am very happy with the price, however now that they have forwarded the sale documents to the solicitors they are trying to pull out of the contract as i constructed a carport on the allotment 6 years ago without a building permit and the solicitors have since found that out.
At the time i was not aware it required a permit and the council building surveyor has now issued building notices and orders on the carport giving me 30 days to demolish the carport.
Does anyone else know anything about building surveying or can offer any advice as to how to solve the problem? I am in urgent need of this sale. Please help.
Cheers
Jgray,
Have you actually talked to the building surveryor? I find it does help if you discuss the issue with them as permits can be issued retrospectively. Usually fees involved and you may have to get structural signoff (plans from a structural Engineer)but can be done.
If the surveyor is agreeable, you may also be able to have it written into the contract that permits will be approved prior to settlement which will buy some time for the approvals process.
This does happen unfortunately but should be easily fixed, as long as it all complies with council requirements.
cheers
Jan
I agree with Jan that you should talk to the council as if you constructed the carport according to building requirements, they may issue approval retrospectively. Submit a plan of what you have constructed – I imagine you drew up a plan and spec. It would have to be unsafe or over an easement or have other problems for a demolition order to be issued. It’s pretty costly to have to demolish a structure and remove all the rubbish.
We purchased a house some years ago where a deck did not comply, fixed the problem, advised council and had no further worry about it.
Anna
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