[JeniferMember@jeniferJoin Date: 2007Post Count: 5]

August 1, 2007 - 3:31 am

Hi Crashy,

Are you sure it was the council and not the neighbours friend?  Yes there are weridos out there!

I agree with Hutch and Opportunity In… ask your solicitor and reread your contracts.  I would ask the council for a copy of the letter they sent – check postal date just not the day it was typed up.   I would also politely ask why this building inspector was trespassing.  If you had no knowledge of his arrival and did not show offical ID then it could have been anyone.   I believe that he is suppose to give you a further 21days notice.  This time frame is so that you are able to obtain the documentation to support your case.

If the owner built this structure – then they might be still liable for it – depending on your condition of sale and solicitors search and when it was built.  If you have altered this structure -then you are liable for it, including council permits. 

Advice – the council wins 90% of all these cases and can make your life miserable.   Be grateful it is only a small structure.   If the structure meets building codes then you can apply for a permit for it – without pulling it down.  ??? rotten timber  ??? is not a good sign.  Was it treated wood??? or termites??? ie it might not be more than two years old.   Rule of thumb – if you can see the asbesto,  this is not good for your health!  Asbesto is great if you leave it alone.   Are you sure it is asbesto?

Did the building inspector give you a report?!?!? Or any feedback?!?!? 

Don't freak out too much.  Selling sounds a bit extreme.  In the worse case, they will ask you to pull the structure down.  Then you will be able to build what you want.  Something to really annoy the cow next door!  Ensure you have a patio party for good measure too.

Good luck. Jen

[JeniferMember@jeniferJoin Date: 2007Post Count: 5]

August 1, 2007 - 2:34 am

Hi Noobie,

Go Girl!  Bank Managers are interesting creatures.  My bank manager told me one day that I should stop partying and find a RICH dirty old man and let him buy me another house.  Needless to say I went out brought a R1 (motorbike), found myself a "poor" toyboy.  Then every week day for a month I personally went and asked my bank manager if he had changed his mind.  (my bank was close to work but phoning is effective too) Each time I asked another question or explaination.  By the end of the month, he caved in and found a way.  Persistence pays.  To me, my bank should work for me not the other way around. 

Moral of the tale… I still have the R1 and the toyboy (years later) and the same bank manager !!!!  Poor Steve.  Still cringes over that meeting.

My Dad always said … where there is a will… there is a way…  hang in there.

Jen

[JeniferMember@jeniferJoin Date: 2007Post Count: 5]

July 11, 2007 - 8:37 am

Whats funnier… looks like he can not sell until the "dangerous structure" on his property as been made safe.  Apparentally the local builder inspector recommended standing out side in a cyclone as it would be safer. 
Still bewildered by the stupidity of it all.  Hoping he will still sell the land – at a discount offer of course..  

[JeniferMember@jeniferJoin Date: 2007Post Count: 5]

July 10, 2007 - 12:16 am

HI Vic, Thanks.  I finally found out the legal truth.  Yes, it is illegal to constructure any dwelling or fixed structure without council approval after 1974 anywhere is Australia.  (Due to Cyclone Tracey and the new Building Commission).  However, nearly 20% of building extensions, granny flats,sheds etc are not approved by local council!!  Meaning.  Any insurance agent can refuse a claim and owner is responsible for personal liability.  Cliche – owner beware.
In this situation, the property is in a high growth rate hence the greed factor.  The owner is asking more than 100k over the land valuation. The house is a liability and not worth more than ($12,000) – not worth a cent as it will probably get ripped down.   You even need local council permit to demolish a house.  It gets better.
Due to the owner, refusing a defect list and not having council approval.  The owner is liable and the local council are more than likely going to prosecute him.  AS this is not the only property where he has built his own thing.  An investigation has commenced.   He may be fined anywhere between $10, 000 – $130,000 for each property!!!!!
There is more.  Due to creed, the owner decided to go to auction!! Officially, making himself liable for getting sued.  No way would I buy under auction for this property.  What makes this situation worse.  Is the real estate agent did not meet their obligations of informing their client or reporting such an "gross illegal structure".  The local council have reported them to REIQ (Real Estate Institute Queensland) with the real possibly of losing their residential licencee!!!
Guess karma has a way getting you in the end.  Whats funny, is that I probably would have brought the property – approved or not, has it was not the house that interested me but the land.  The house was purely an advantage until I put a real council approved house there.  It was just the nagging feeling…
Moral… buyer beware!  Cheers Jen