It happens often. A family puts the house on the market, and the buyer’s building inspector or conveyancer asks where the approval is for the patio, the carport or the deck. Sometimes it was built before the current owners bought. Sometimes a mate built it on a weekend. Either way, the question can slow a sale or knock the price down.
This is general information, not legal advice. Talk to your solicitor or conveyancer about your own sale. What we can explain is the building side: what an approval is, how to find out if one exists, and what can be done about a structure that has none.
How a buyer finds out
- A council property search shows the building approvals on record for the lot.
- A building inspector notes structures that look newer than the house or are not on the plans.
- Sellers in Queensland now give buyers a disclosure statement before the contract is signed. Ask your solicitor what it needs to say about your property.
- The buyer’s insurer or lender may ask questions about structures without approval.
Check what is on record first
Before you worry, find out what council actually holds. Older approvals are sometimes filed under a previous owner or a different address format. Your council can search its records for the lot, usually for a fee. If an approval exists, ask for the final inspection certificate as well, because a structure that was approved but never signed off is a different problem from one that was never approved.
The paperwork a patio should have
- A building approval (decision notice) from a certifier.
- A Form 15, the engineer’s certificate that the design complies.
- Form 16 inspection certificates for stages such as the footings, where required.
- A Form 21 final inspection certificate, which closes the approval for a class 10 structure such as a patio or carport.
Your options
When a structure has no approval, there are four realistic paths. Which one makes sense depends on how it was built.
- Certify it as it is. A private certifier can assess a structure that is already built. Expect an engineer to inspect it, and sometimes to dig beside a footing to see how deep it goes. If it complies, it can be approved and signed off.
- Fix it, then certify it. Often the frame is fine but something is missing: tie-downs, bigger footings, a proper connection to the house. An engineer specifies the fix, it is done, and then it is certified.
- Replace it. If the structure is old, undersized or rusting, building a new, approved one can cost less than proving the old one complies, and it looks better in the listing photos.
- Remove it, or disclose it and let the price reflect it. Some owners take an old carport down rather than deal with it. Others sell with it disclosed. Your agent and solicitor can advise on that.
What usually fails
- Footings too shallow or too small for the wind rating.
- Fixings into a fascia that cannot carry the load.
- Posts too close to a sewer main or over a manhole.
- A carport or patio too close to a boundary, or in the front setback, that would have needed council approval.
- Undersized beams or purlins for the span.
Timing matters
Certifying or replacing a structure takes weeks, not days, once you allow for the engineer, any changes and the certifier. Sorting it before you list, rather than during a contract with a finance date looming, takes the pressure off.
Insurance
If an unapproved structure fails in a storm and damages the house, a car or a neighbour’s property, the claim can become complicated. That alone is a reason to deal with it, sale or no sale.
How we can help
We can look at an existing patio, carport or deck and tell you honestly whether it is worth certifying, fixing or replacing. If replacing makes more sense, we design, approve and build the new one, with the paperwork on record for the next sale. Every structure we build is engineered for your site and signed off by the certifier at the end.
Buying a house with one
The same questions apply if you are the buyer. Ask the seller for the approval and final certificate, ask your building inspector to look closely at the footings and fixings, and talk to your solicitor before you sign. A structure you plan to replace anyway matters less than one you plan to keep using for years.