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Unapproved Structures - April 2011

Until recently building records searches were not a standard search carried out when a property was purchased. Subsequently a substantial number of properties in Queensland include unapproved structures of which the owner is unaware.

It is now common practice for buyers to insert a special condition requiring everything to be council approved.

Accordingly if a buyer discovers a structure has not been approved by the council, they may renegotiate the sale price. The buyer is entitled to renegotiate even if, had they been told in advance about the unapproved structure, they would still have paid the original sale price.

To avoid this you need to obtain a building records search from the council when listing the property for sale and add a special condition in the contract stating that the buyer is not allowed to object to the structure (if there are any) being unapproved.

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