Here’s What You Need to Know Before You List, Here’s How to Tackle Council Issues Without Losing a Sale
If you’ve lived in your home for a while, chances are you’ve made a few changes along the way, maybe added a patio, built in underneath, or popped up a garden shed. But when it’s time to sell, there’s one question that can turn up the stress dial:
“Is everything approved?”
It’s more common than you might think to discover a structure on your property was never signed off by Council.
Whether it was added before you bought, built by a previous owner, or something you DIY’d years ago, it can create legal and financial headaches when you’re trying to sell.
The good news? It doesn’t have to ruin your plans.
First Things First: What Counts as “Unapproved”?
Unapproved structures are any buildings, alterations or additions that weren’t properly lodged, assessed, or signed off by your local council or a private certifier.
This might include:
- Decks or patios
- Sheds or granny flats
- Carports or garages
- Internal room conversions
- Built-in downstairs areas (in highset homes)
- Fences or retaining walls above height limits
Some of these might look fine. They might have been standing for years without issue. But if they don’t meet current code, or don’t exist on official plans, they can trigger concerns during the sale process.
Why It Matters When You’re Selling
Unapproved work can:
- Scare off buyers (especially if they’re relying on finance)
- Delay or derail a contract
- Lead to reduced offers or drawn-out negotiations
- Put you at risk of a legal dispute if issues arise post-settlement
Plus, under Queensland’s Property Law Act 2023, sellers are now expected to disclose more clearly what’s approved and what’s not. This includes completing a Form 2 Seller Disclosure Statement.
How to Check If Something’s Unapproved
You don’t need to guess. Here’s how to find out:
- Review your current building plans
Your title or past approvals will show what’s on record with Council. - Request a Council property file search
This gives you a full history of permits, final inspections, and approvals. - Ask a private building certifier
They can inspect and compare what’s on-site with what’s legally approved.
Even if you’re not ready to sell yet, knowing now puts you in control.
Your Options if Something Isn’t Approved
If you discover an unapproved structure, you’ve got a few paths:
1. Get It Certified Before You List
You can apply for retrospective approval through a certifier. They’ll check if the structure meets code and help you lodge the paperwork.
Pros:
- Increases buyer confidence
- Avoids problems during contract or finance stages
Cons:
- Might require some modifications
- Can cost time and money
2. Disclose It and Sell As-Is
In some cases, especially with minor works, you may choose to disclose the structure in your Seller Disclosure and sell without fixing it.
Pros:
- Faster and cheaper
- Still meets legal obligations
Cons:
- May reduce buyer interest or sale price
- Could limit interest from financed buyers
3. Remove or Modify the Structure
Sometimes, removing the structure is the easiest option if it’s small, temporary, or non-compliant beyond repair.
Legal Risks of Unapproved Structures
1. Council Enforcement Actions:
Local councils have the authority to issue enforcement notices requiring property owners to rectify or remove unapproved structures. Non-compliance can result in substantial fines and legal action.
2. Liability for Damages:
If an unapproved structure causes injury or damage, the property owner may be held legally liable. Insurance policies often exclude coverage for incidents related to unapproved structures, leaving owners financially exposed.
3. Impact on Sale Contracts:
Unapproved structures can complicate property transactions. Buyers may request price reductions, demand rectification before settlement, or even withdraw from the contract upon discovering non-compliant additions.
Potential Fines and Financial Implications
- Council Fines: Penalties for unapproved building work can be significant, varying based on the nature and extent of the non-compliance.
- Demolition and Rectification Costs: Owners may incur substantial expenses to either demolish or bring unapproved structures up to code.
- Insurance Limitations: Claims related to unapproved structures are often denied, potentially leading to out-of-pocket expenses for damages or injuries.
Comprehensive Solutions for Sellers
1. Obtain Retrospective Approval:
Engage a private building certifier to assess the unapproved structure. If feasible, they can guide you through the process of obtaining retrospective approval, which may involve inspections, documentation, and possible modifications to meet current building codes.
2. Disclose Unapproved Structures:
Transparency is crucial. Clearly disclose any unapproved structures to potential buyers. While Queensland law operates under a “buyer beware” principle, undisclosed issues can lead to disputes or legal challenges post-sale.
3. Consult Legal and Real Estate Professionals:
Seek advice from a solicitor experienced in property law and a reputable real estate agent. They can provide guidance tailored to your situation, helping you navigate the complexities of selling a property with unapproved structures.
Addressing unapproved structures proactively can mitigate legal risks and financial losses. By obtaining the necessary approvals, being transparent with potential buyers, and consulting professionals, you can facilitate a smoother sale process and protect your interests.
What Buyers Are Typically Thinking
Most buyers just want clarity. The unknown is what scares them, not necessarily the structure itself. By being upfront and offering real solutions, you can still sell with confidence.
Author – Craig Douglas
Please Note: The information contained in this document is for general information purposes only and does not constitute legal advice. The laws and regulations governing the sale of property in Queensland are complex and constantly changing. It is important to seek the advice of a qualified property lawyer or conveyancer before making any decisions about the sale of your property. This document does not take into account your individual circumstances and may not apply to your situation. By reading this document you agree that you have not relied on the information contained herein and that you will seek independent legal advice before taking any action.
Are you ready for a casual chat?
Let’s get you Selling
LET’S GET YOU SOLD!
Phone me now, Craig Douglas 0418 189 963
Professional | Knowledgeable | Experienced
Some of the suburbs that I proudly sell homes in:
Burleigh
This page was proudly created by Craig Douglas, your local independent Gold Coast real estate agent, working for a Boutique Real Estate Agency. Selling residential and commercial properties, from those that are awe-inspiring, through to a diamond-in-the-rough, otherwise known as a “renovator’s delight”.
I negotiate and sell on behalf of property owners who want to get the best possible price, with the least amount of hassle. Let’s talk about the process of selling your property over a coffee to get you started – 0418 189 963
