Council matters when purchasing property

Zoning certificates are attached to all contracts. These disclose the uses that are permitted without consent, those permitted with consent and those prohibited. They also disclose whether the property is affected by or subject to policies relating to flooding, tidal inundation, contamination, bush fire, mine subsidence, tree preservation, road widening, conservation, critical habitat, coastal protection, land slip, land fill, acid sulphate soils and any other risk. In most cases the answer is no to all of these possibilities. If the property is affected in some way then further investigations need to be undertaken.

If you are considering any further development of the property then you need to discuss those plans with us and you will need to investigate council’s requirements.

As a major shortcoming of the council certificate required to be attached to all contracts is the lack of information on approvals relating to the construction and use of the property. Not only does the construction of the buildings need approval but their use following construction also needs approval. If, as is usually the case, the vendor does not have a building or occupation certificate from council, then there is no way of knowing from the contract whether the buildings were built with approval and passed for occupation for their intended use. Inspection of the council file will normally provide the information that is necessary to assess the compliance of the building. However in some instances it may be necessary to obtain a council building information certificate. A current survey must accompany an application for such a certificate.

If the property is vacant land upon which a building is to be constructed then there are many constraints to do with such matters as set backs, water catchment, bush fire, environmental impact, and energy saving imposed by council. A visit to or discussion with council is usually warranted. Most of this information is not available on the contract or the documents attached to it.

Should you have any questions or require further information on this topic please do not hesitate to reach out.

George

george@sydneywidelegal.com.au

Mob: 0410658082