Selling – What about Building Plans

Are you aware that by law all homeowners have to ensure that all buildings on their property are on the plans and have been approved by the relevant local authority.

This having been said, means that plans are required not only for any alterations to existing buildings, renovations and extensions, but also for internal reconfiguration of spaces, boundary walls, carports, covered patios, swimming pools and wendy houses.

These are three best recommendations in dealing with this:-

Before you put your property on the market contact the local authority and obtain the approved plans for your property if you do not already have them on hand. There is a small nominal fee to acquire this and in most cases it is done electronically.

You can sell your property subject to obtaining plan approval, which means you start marketing your property and you submit your plans to the local authority for approval, and you would have a subject clause in the offer to purchase stating that it is subject to you providing the approved plans to the purchaser before transfer.

Lastly, one can let the purchaser acknowledge that the plans are not approved and that he accepts liability for any and all risks associated with the absence of approved plans. Normally this is only acceptable to the purchaser if he is going to renovate extensively, to which new plans would be required in any event.

The absence of approved is seen as a latent defect.

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