You’re at the open home of your dreams. You take a good look around and see a beautiful renovated house with a new veranda, a carport, shed and pool… Before you seal-the-deal with a signed contract, it’s important you understand what is required, from a legal perspective, to have those structures in place.

In Queensland, the Planning Act 2016 (Qld) and other specific building legislation sets out strict guidelines property owners must adhere to with the planning and development of land. These codes and regulations are mainly concerned with issues such as:

1. Whether the building is soundly designed and constructed and will be safe for its occupants;
2. The building has an appropriate degree of fire safety;
3. Whether the building is adequately protected from pests;
4. Whether the building has adequate plumbing for sewerage and drainage; and
5. That the building meets the minimum energy and water efficiency standards.

What are the implications if a structure does not have a final Council approval?

1. Public liability insurance may be voided should a claim be made by a 3rd party who is injured by the structure;
2. Building insurance may also be voided if another part of the property is damaged by the unapproved structure or if that structure itself is damaged. For example, during an adverse weather event;
3. Any future buyers may request you, the seller, undertake the process of having all approvals and final certificates in place before settlement at your expense.
4. Should Council find out the structure(s) are not certified, they may also request you undertake the process of having all approvals and final certificates in place before settlement at your expense.

Speak to your legal representative before you sign the contract about your options and obligations under the contract. A search through your local Council may save you in the long run.

Further information regarding building requirements, building permits and final certificates can be found at your local Council and associated building association website:

• Townsville City Council – www.townsville.qld.gov.au
• Brisbane City Council – www.brisbane.qld.gov.au
• Cairns Regional Council – www.cairns.qld.gov.au
• Douglas Shire Council – www.douglas.qld.gov.au
• Sunshine Coast Council – www.sunshinecoast.qld.gov.au
• Noosa Shire Council – www.noosa.qld.gov.au
• Master Builders Queensland – consumer.mbqld.com.au