You would be amazed how often we hear this from people who should know better.
Recently we were looking at a property for a client that was going to auction. When we requested the agent supply permits for some dubious building structures around the home. We were quickly told “It’s past 7 years so there’s no need for a permit.” He was wrong.
Put simply if it’s illegal, it’s illegal. The more time that passes the less likelihood of issues may occur with council, but our main issue always is safety. Our job is to protect our clients from future issues in short.
See below for an explanation of what the true facts are for you when buying an abode.
In Victoria, if a structure has been built without the necessary permits, the passage of time alone does not automatically legitimize the building or exempt it from requiring council approval. However, there are some important nuances:
1. Statute of Limitations on Enforcement (Building Act 1993):
– Under the Building Act 1993 (Victoria), there is generally a 10-year limitation period for the Victorian Building Authority (VBA) or the local council to take enforcement action against illegal building works (e.g., requiring demolition or rectification). This means that after 10 years, it is unlikely that enforcement action would be taken.
2. Retrospective Approval:
– If the structure has been standing for over seven years, it still technically requires council approval if it was originally built without the necessary permits. To legitimize the structure, you may need to apply for retrospective approval, also known as a “certificate of final inspection” or “certificate of compliance.” This process often involves an inspection by a registered building surveyor to ensure the building meets current standards and regulations.
3. Risk of Non-Compliance:
– Even if enforcement action is less likely after 10 years, owning an unapproved structure can lead to complications, particularly when selling the property or when the structure poses a safety risk. If the council becomes aware of the non-compliance due to a complaint or another reason, they could still take action depending on the circumstances.
4. Insurance and Liability Issues:
– Structures built without permits may also raise issues with insurance claims and coverage. If a building does not have the necessary approvals, it might not be covered by insurance, or claims could be denied.
5. Planning Permits:
– If the structure requires a planning permit due to zoning or other land use controls, this requirement still applies regardless of the structure’s age. Retrospective planning approval might also be required in these cases.
In summary, while the risk of enforcement may diminish over time, the structure still technically requires approval, and obtaining retrospective approval is recommended to ensure compliance and avoid potential legal and financial issues in the future.
If in doubt feel free to reach out to us at Abode Advocacy Group, we are on your side.
