Unpermitted Building Work



Many properties over the years since they were built have had additions and alterations done to them. When purchasing a property buyers want to be certain that any such alterations have been permitted by the relevant local authority.

Therefore, a purchaser will obtain a LIM (Land Information Memorandum) report from the local authority for the property they wish to buy. A LIM report will record all permitted (a building permit has been issued) work done over the years on the property.

If work has clearly been done (say a bedroom or bathroom added) but is not shown on the LIM report, then the work may not be permitted. Not all building work requires a building permit.

For example, decks less than 1 metre above the ground, a single carport, a garden shed or a sleepout under 10m2 in size among others don’t need a building permit. The sleepout however must not have any sanitary services - bathroom, W/C, etc.

But what about building work that has been done and did require but does not have a permit? If the work was done after 30th June 1992 the unpermitted work would have to be checked by the local authority. A Code Compliance Certificate cannot be issued for such work. 

The council may however issue a Certificate of Acceptance (COA). A COA is issued by a council following their building inspectors checking the work done and reporting that it was done in a manner which complies with the building code (required standards). 

For work done before the 1st of July 1992 the council will not inspect the work and no COA can be issued. 

Such properties can have a third-party report (previously called A Safe and Sanitary report) produced. The report can then be lodged with the council authority and recorded on their file for the property. 

The third party who produces the report is a suitably qualified independent building inspector such as all A Buyer’s Choice Home Inspections Inspectors. Before a satisfactory report can be issued modifications or improvements to the unpermitted work may be required and will be identified by the inspector.

Without a COA or a third party report it may not be possible for a buyer to get a mortgage on a property with unpermitted building work.