When buying a property, ensuring that all building work complies with current regulations is crucial. Unconsented or non-compliant building work can lead to safety issues, expensive repairs, and even problems with insurance or financing. At Core Legal, we regularly advise clients on how to assess whether previous building work is up to code before purchasing a property.

Reviewing Council Records

A key part of your due diligence when purchasing a property should involve reviewing the Council records. This step can reveal whether any unconsented work has been done. For example, a purchaser discovered during their due diligence that the bathroom layout in a property had been changed from the original plans, but no consent had been obtained. This work had been done by a previous owner, not the current one, which raised concerns about the safety and legality of the work.

What to Do If Unconsented Work Is Found

If unconsented work is discovered, there are several options for addressing the issue and ensuring the building work is safe and compliant:

Certificate of Acceptance

For building work completed after 1 July 1992, the local Council may issue a Certificate of Acceptance. This certificate confirms that the work complies with the current Building Code, even though consent was not obtained before the work was done. To apply for a Certificate of Acceptance, you’ll need to provide evidence of how the work was carried out, such as photos or reports. In some cases, the Council may require a specialist report before granting the certificate. If the certificate is approved, it will be recorded in the property’s file.

Notice to Fix

If the Council cannot issue a Certificate of Acceptance, they will issue a Notice to Fix, outlining the steps required to bring the property into compliance with the Building Code. Once these works are completed, you can reapply for the Certificate of Acceptance.

Third-Party or Safe and Sanitary Reports

For unconsented work completed before 1 July 1992, the Council cannot issue a Certificate of Acceptance. Instead, a Third-Party or Safe and Sanitary Report can be obtained to assess the condition of the work. If the work is deemed unsafe or unsanitary, the Council will issue a Notice to Fix. Otherwise, the report will be added to the property’s record, providing evidence that the work has been assessed.

No Code Compliance Certificate?

In some cases, building consents are obtained but the final Code Compliance Certificate (CCC) is not issued. This occurs when the work is not inspected or has not passed the final inspection. If the consented work has been completed, the vendor should be able to apply for a CCC, which involves a final inspection to confirm that the work meets the Building Code. If further work is required, the Council will inform the owner of the necessary corrections. Once the work passes inspection, the CCC will be issued, usually within 20 working days.

Purchaser’s Next Steps

If you discover unconsented work, it’s important to address the issue before proceeding with the purchase. Buyers should:

• Request the vendor to obtain a Certificate of Acceptance or third-party report.
• Seek advice from a builder to assess whether the work is structurally sound.
• Disclose any issues to your bank and insurer.

For peace of mind, seek legal advice to ensure the property’s building work is compliant and won’t cause future issues. At Core Legal, we provide expert guidance on building consents, compliance certificates, and property transactions. Let us help protect your investment.

For more information on building consents, check out our related articles:

• Renovating a bathroom? Make sure you’re not caught out by building consents!
• What building work will not need a consent?
• When is a building consent needed for renovations?