unapproved structures….

Ok so the structure is probably a patio? 

Redcliffe that is the weird part. 

How did this come to the attention of council, some local councils come onto the property as part of their search fee.  Others rely on satellite pictures amongst other things and when properties are transferring they pay particular attention to any irregularities.  Maybe that's what happened in this situation.

Ordinarily a notice (21 days) is sent to the property owner advising that there is an illegal structure on the property and to show cause or provide reasonable grounds for why the structure exists without approval.

Solution and the most utilised remove the roof of the structure and replace with a non-water-catching shad cloth or similar.  If it doesn't catch water it may not need approval.

Solution have a drafts-person draw a plan and submit the appropriate application. 

Its your property and your problem. 

Was there a council clause in the contract stating that this contract is subject to and conditional upon the buyers satisfaction with search results that all structures on the property are council approved prior to settlement and if any searches reveal any unapproved structures on the property the seller shall obtain all necessary approvals from the local authority prior to settlement.  If seller fails to obtain the approvals prior to settelment the contract will be at an end and all deposit monies refunded to the buyer without deduction (or similar).  

Don't purchase a property in south east Qld without having this clause in the contract? 

I would call the agent who sold you the property and ask them why they didn't tell you the structure was unapproved.  Any agent in the industry for 5mins or more would be able to immediately recognise unapproved structures, one  would think, maybe?

Hi Crashy,

Are you sure it was the council and not the neighbours friend?  Yes there are weridos out there!

I agree with Hutch and Opportunity In… ask your solicitor and reread your contracts.  I would ask the council for a copy of the letter they sent – check postal date just not the day it was typed up.   I would also politely ask why this building inspector was trespassing.  If you had no knowledge of his arrival and did not show offical ID then it could have been anyone.   I believe that he is suppose to give you a further 21days notice.  This time frame is so that you are able to obtain the documentation to support your case.

If the owner built this structure – then they might be still liable for it – depending on your condition of sale and solicitors search and when it was built.  If you have altered this structure -then you are liable for it, including council permits. 

Advice – the council wins 90% of all these cases and can make your life miserable.   Be grateful it is only a small structure.   If the structure meets building codes then you can apply for a permit for it – without pulling it down.  ??? rotten timber  ??? is not a good sign.  Was it treated wood??? or termites??? ie it might not be more than two years old.   Rule of thumb – if you can see the asbesto,  this is not good for your health!  Asbesto is great if you leave it alone.   Are you sure it is asbesto?

Did the building inspector give you a report?!?!? Or any feedback?!?!? 

Don't freak out too much.  Selling sounds a bit extreme.  In the worse case, they will ask you to pull the structure down.  Then you will be able to build what you want.  Something to really annoy the cow next door!  Ensure you have a patio party for good measure too.

Good luck. Jen