I am about to make an offer on a property, however after reading throught the contract it states under Special Conditions:
"The vendor does not have a building certificate and the contract is not subject to the issue of a building certificate in respect of the whole or any part of the property. The purchaser will not require the vendor to make application for or do anything towards obtaining such a certificate, or otherwise to comply with the requirements of the local council relating to the issue of such a certificate".
This is making me a little nervous. I thought that all houses should have a building certificate in NSW? Does not having one imply that the buildings are not legal or approved by council? Or are there other reasons that this clause may have been inserted?
Please help!
That clause would make me worry. Obviously they don't want to get one.
I'd at least want a clause in it in regards to purchase being subject to you obtaining a building certificate.Thanks Slipper.
Just found another clause under the General Housing Code off the Planning Certificate:
"Coplying Development under the State Environmental Planning Policy (Exempt and Complying Development Code) 2008: General Housing Code may not be carried out on the land. It is prevented by a land exemption specified in clause 1.19 as it comprises bushfire prone land"
I know that you can get approvals to build on bushfire prone land as long as you build within certain rules. This appears to be saying that building on this land is prohibited. Am I interpreting this correctly?Thanks Slipper.
Just found another worrying clause in the General Housing Code section of the Planning Certificate:
"Complying Development under the State Environ. Planning Policy (Exempt and Complying Development Code) 2008: General Housing Code amy not be carried out on the land. It is prevented by a land exemption specified in clause 9.91 as it comprises bushfire prone land"
I know that you can build on bushfire prone land if you follow certain rules. Neighbouring properties have houses. Does this mean that building is prohibited on this land or maybe that building using the General Housing Code is not allowed but maybe there is a specific code for bushfire prone land to follow???could be very dangerous for you. What if the work hasn't been done to the correct standards and the council ask you to demolish it.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
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