Building & renovating your existing home

Feeling sick of watching those renovation shows? Perhaps you can’t get enough. For us though, building and renovating raises an important legal question – is the structure approved?

If you are looking at building a new home or renovating your existing home you should contact the Local Authority to see what requirements they have prior to starting construction.

If you are purchasing a home, you should be mindful of the standard Real Estate Institute of Queensland (REIQ) Terms of Contract. In particular, clause 7.4(5) which provides a warranty given by the seller which states that the seller does not warrant that the present use of the property is lawful.

This means that if the shed, the 3^rd bedroom, the ‘carport turned media room’ or the swimming pool is not approved by the Council then you will have no express right to terminate the Contract. The issue further extends to a circumstance where a structure is not approved, is not capable of being approved or requires extensive and expensive works to comply with Local Authority requirements. It is important to be informed of these matters before you settle.

To get around this issue and be fully informed of what improvements are approved (or not) you should include a special condition in your contract which allows you to make enquiries with the Local Authority and gives you the right to terminate the Contract if the enquiries reveal any adverse results.

Prior to signing any contract for the purchase of a property, you should always consult a Solicitor skilled in this area to review the proposed contract to determine whether your particular circumstances call for a special condition to be included in your contract.

Our team at Connolly Suthers Lawyers are skilled in this area and are only a phone call away (07) 4771 5664.