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For your rellies to sign off as the plans match the extension or (Awning )
is in no way legal as all aprovals of structures built around initial house plans (must have ) council inspection with plans drawn up by an design architect then these plans must be aproved by said council
re-reading it all...
Might it just be a case of a paperwork loss or "forgot to get the final inpsection"..
makes sense if the plans the council have match up with reality (which would indicate that the mods have approval) but no record of the final inspection....
My house in townsivlle has the opposite. I have a final inspection notice, but no plans lodged with the council even though the final inspection cert lists the plan number and private builder numbers as issued by the council based on plans submitted to the council.
Plans do not have to be an architect for most items / additions as long as measurements and materials are correct. Depending on your building inspector they will quite often help you with what is required. I did my own and the local council inspector reckons they were better than most proffessional building companies that build sheds, patios etc.
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Originally Posted by Ken
tell them not to sign anything.... the house will have to have the additions inspected by local council - if its simply a case of "forgot the final inspection" then they (the old owner) can get ot done.... my inlaws had a similar problem recently, they had to lift the ballistrades on the balcony 100mm, as the standard had changed in the last 20 years and the final inspection had not been done - if you change something and dodnt get the final inspection done then you are liabel to change it to current builging regs, some councils even make you deposit a holding fee until the final inspection is done - in the time specified for the additions alteratiosn to take place.
if the other party wont get the inpection done - tell them to walk away - its currently still (dont know for how much longer) a buyers market in NSW there are plenty of other places.....
I'll come clean for a start....... I'm a Licensed Estate Agent...albeit in Vic.
(1)For an agent to arrange a solicitor in favour of the the PURCHASER is a direct conflict of interest based on the fact that they are employed by the vendor. (2) The solicitor is asking your relo's to sign away their rights (not sure where that is under NSW law but I KNOW its there. (3) If the extension/awning appears in the documentation for the property, it requires a permit.
Tell them to walk....... the worst that'll happen is they won't be stuck with a barrow load of grief. Send me a PM if you think I can help you more.... I HATE this ****
time to walk, it's only a house and it's not worth putting your ar$e on the line for somebody else's stuff up.
on the other hand, if it's one of those "house of your dreams" type of situations, it might be time to be bold and name your price, and get the legalities of the awning sorted out by your own solicitor, mkae sure the one you get is on top of those sort of situations.
no good getting a divorce solicitor onto a real estate case.
good luck!
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Originally Posted by landrovermick
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Originally Posted by barney
As said by them, NSW is a strange place, don't sign anything untill the local council has approved it, it could cost you thousands after the sale if you don't.Quote:
Originally Posted by p38arover
Baz.
Don't forget that it's only an awning. They can always just remove the awning if challenged to do so.
Weigh up lost costs, legal, inspections, time, and not to mention they might have arranged to be out of their present house by a certain time (this might not be the case, not enough info given).
In my case I lost $2,000 when I pulled out of a contract. If their case is similar the awning (I asume it is only an awning and not too big) might not even be worth what they might have to pay to pull out of the contract.
Advise them to seek another solicitor if their's won't act on their behalf.
I presume we are talking about an awning here?? I'm probably in a good position to answer because i'm in conveyancing, plus do work for a lending institution, and my wife is a town planner at a coucil ;)Quote:
Originally Posted by drivesafe
The awning not having had an inspection isn't a big deal. Basically get your rello's solicitors to tell the vendors solicitors to get the inspection done. If they signed a contract persuant to a satisfactory inspectio of the property they are well withing their rights to do so. we had the smae problem with our house. Big extra room with no council permits or permission at all :eek:
Don't sign the doc saying that the awning is the same as on the plans, they aren't qualified to say so, and they would be signing away their rights if they did so. Get it fixed, or walk away. I wouldn't even negotiate the price down, it's either fixed (properly) or no deal.