The problem with unapproved building works

Shire Legal recently acted for a client purchasing a property at Kurnell.   Initial enquiries with the vendor suggested that the recent renovation at the rear of the property was unapproved.  The question then became whether or not the renovation had been inspected and approved by Council.  If not, our client would run the risk of Council ordering that the renovation be changed, or even demolished, a risk that the client did not want to take.

We were able to negotiate with the vendor’s solicitor for a special condition be inserted into the Contract to make the entire Contract subject to our clients being able to obtain a satisfactory Building Certificate from Sutherland Shire Council (meaning that the renovation would be retrospectively approved.

Fortunately for our clients (and the vendors!), the certifier from Council inspected the property and issued a Building Certificate.  Nevertheless, the special condition would have given our client a way to get out of the Contract if the Council was not prepared to grant the Building Certificate.  The vendor then would have the responsibillity of making the property comply in accordance with Council’s requirements, something that our clients would not have wanted to do at their own cost.


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