We had our conveyancer do an archive search on a property we are wanting to buy. Got home today to find a letter from them saying that no plans exist for the property in the council archives.
Does anyone know what the ramifications are for this situation? The house has been there for at least 40 years. It is well built.
That is not an unusual situation. I remember that Bankstown council lost all of its records about 15 years ago in a fire when the council chambers were destroyed.
Get your buildiing inspection done, carry out the usual searches with the water board (or dial before you dig). If there seem to be no anomalies, go for it.
The building and pest inspections are all good and we know where the pipes are. Just wondered what the legalities are especially if we decide to extend or put in an extra garage.
It shouldn't cause any issues whatsoever. If they can't prove what is there, then you may be able to get away with a little more.
You may have some concerns. Recently there was a situation in QLD where a man couldn't sell his house because the council said it didn't exist as there were no plans. They wanted some ridiculous amount to rectify the situation. The problem was eventually solved when one of the TV programs got involved and the council had egg on its face. One question asked was if there were no plans for a house then how could the council justify charging rates etc.
Will be checking with the conveyancer and council today to find out more…
Boshy888,
I had something similar once. I went to buy a house and the council said they had no inspections done for the steel work etc in the foundations and walls ( it was in a cyclone area ), thus wouldn't give the go ahead. But said they had some magnet or something to clarify it had some steel in it but couldn't say what size etc. But wouldn't ask for house to be pulled down, but wouldn't allow any extensions etc.
In the end I didn't buy it, but it costs me $1000 in solicitor fees etc down the drain.I wouldn't worry too much over the issue, try finding the approvals for a californian bungalow, federation or victorian house. Of more concern is whether it is sited on the correct block, within the boundaries and sewer/water services are approved by water board etc. If the building is 40 years old, it will predate any Australian Standard, predate Ordinance 70 (NSW) etc – your building report, survey etc will be more important (and the house has stood the test of time – if you consider the life of a house is 40 yrs anyway).
Check with the council concerned about how this might affect your future ability to develop, improve or onsell the property. Councils are a law unto themselves and sometimes can be very unreasonable, and totally lacking in IQ. It would be good if you can get some sort of written statement from the council, but the mere request might just scare them into saying or doing something ridiculous. I hate councils. They should be abolished.
Thanks for feedback. After speaking to council and others we have decided to try and exchange subject to the survey report showing the house is inside the boundaries. We feel pretty confident that it is. We will have to pay for it but it will give peace of mind. The builder of the house had a very good reputation we found out after a bit of sluething.
I think some council personnel may make silly decisions because they are terrified of having their butt kicked and through lack of knowledge.
Boshy888 wrote:I think some council personnel may make silly decisions because they are terrified of having their butt kicked and through lack of knowledge.Boshy, you have this the wrong way round. They make silly decisions because their brain is located in their ar*e and their IQ has been depleted by all the but kicking they have received. There are very occassional exceptions (ie, hi IQ council employees), but they are usually corrupt.
Sorry, I let my prejudices show.
go tiger!
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