If you’ve found unapproved structures on a property you’re buying, what you can do about it depends on whether settlement has happened. Before settlement you may have rights under a condition in the contract. After settlement your options are usually retrospective approval through the local government or a claim against the seller, depending on the terms of the contract.
What counts as an unapproved structure
Most substantial building work needs local government approval before it starts. Plenty of Western Australian properties have work that never got it. The common ones are:
- patios, pergolas and gazebos
- sheds, carports and garages
- retaining walls
- new or enlarged windows
- enclosed verandahs and added rooms
- bathrooms and ensuites added inside an existing footprint
- granny flats and ancillary dwellings
None of these announce themselves. A patio built 15 years ago looks the same whether it was approved or not. Nothing on the certificate of title records it.
Why it matters
Councils have broad powers to require an owner to obtain retrospective approval for unapproved work. That process takes time and costs money. It often needs a report from a builder or an engineer before the council will look at it.
If approval is refused or granted subject to conditions, the owner can be left paying for remedial work or for removing the structure. Once settlement has happened, the owner is you.
What you can do
Before settlement
Your position depends on the contract. The standard form contract says little about council approvals, so the answer usually turns on any special condition that was added and on what the seller was asked.
Raise it with your settlement representative the day you find it. Some options close as soon as a condition date passes.
After settlement
There are two routes and they aren’t exclusive. You can apply to the local government for retrospective approval, which regularises the structure if it’s granted. You can also look at whether the seller answered a question about approvals untruthfully, which is a claim against them rather than a fix to the building.
Both are worth advice quickly. The council process has its own timetable and a claim gets harder to run as time passes.
How to avoid it
Inspect the building plans at the local government offices before you sign the contract. It’s the single cheapest check available to a buyer and almost nobody does it.
The plans sit alongside the other questions worth asking the local government. Ask for them at the same time.
Frequently asked questions
Does an unapproved structure show up on a title search?
No. Landgate holds the title record, not the building record. Approvals are held by the local government.
Can I still get finance on a property with unapproved work?
Usually, though a valuer may not give the structure any value and some lenders ask questions about it. Raise it with your broker rather than assuming either way.
Is the seller obliged to tell me?
They’re obliged not to mislead you. That’s a different thing from a duty to volunteer it, which is why the questions you ask before signing matter so much.
Talk to us
We act for buyers and sellers on residential and commercial property settlements across Perth and Western Australia. We advise on approval problems when they surface.
Call the settlements team on (08) 9220 4430 or download an itemised quote for your own purchase.
This article is general information and not legal advice. Every property transaction turns on its own facts.
