A Case of Seller Be Aware – Non-Compliant Structures

 Before marketing a property for sale it’s important for sellers to ensure that all structures on their property including any building additions, pools, spas, ponds and the associated fencing are council approved and compliant with local government laws and building codes.

In fact, we recommend that sellers follow the simple guideline of “seller be aware” in regards to structures on their property as a way of safeguarding themselves against any unforeseen expenses or nasty surprises during the sale and settlement of their home.

Unfortunately in a recent client sale one unsuspecting seller found out the hard way and paid the price for not pre checking the structures on his property when a building inspection revealed electrical issues and a non-compliant patio structure at his home.

In this instance, the seller, Mr Collins, (not his real name) accepted an O and A on his property with settlement scheduled for 4 weeks after the successful completion of usual Pest and Building Inspections.

The sale was going smoothly until during the Building Inspection when it was discovered that not only was there a non-compliant patio on the property, but also some unstable electrical wiring within the home.

The buyers were understandably concerned and disappointed with the news and it was the last thing that the seller wanted to be dealing with only 4 weeks prior to settlement of his sale.

To solve this stressful situation the seller had to quickly apply to the local council to have the structure checked and ultimately approved, pay for an electrician to rectify the issues with the wiring to his home and provide the necessary electrical safety certification.

It would’ve been much better for seller to have known about these issues prior to going to market so that the problems could be corrected and the associated costs factored into the asking price. In this way all of this additional stress and unexpected expense could have been avoided.

The clear message from this story is for sellers to make sure that they have the structures on their property checked and that they deal with any issues before the commencement of marketing their property.

We recommend the following:

• Depending on the age of your property have it checked by a builder, electrician and pool inspector, if applicable, prior to going to market so you know where you stand.
• Make sure that all structures and additions to the property are council approved and deemed as ‘legal’. If necessary have your local council rep inspect your property and gain the supporting compliance documents.
• If there is a pool, pond or spa, make sure it complies as well as the necessary fencing and gates. If needed, get the work done first to make it compliant and then get the appropriate compliance approval documents.

If you have any questions or require further information regarding structures on your property, please feel free to contact us at our office.