Buying a property is one of the biggest financial commitments most people will make. It is exciting, but it can also come with legal and practical risks that are not always obvious. One of the most common issues we see in Queensland conveyancing is the presence of unapproved structures — additions or alterations that were built without the required Council or private certifier approvals.
In Queensland, these unapproved works can include decks, patios, sheds, carports, garage conversions, extensions, or internal renovations. They may appear sound and functional, but if the correct approvals were never obtained, the buyer could later face significant costs to rectify or even remove them.
Once a property changes hands, any unapproved or non-compliant structures become the legal responsibility of the new owner. The local Council may issue Show Cause or Enforcement Notices requiring the owner to seek retrospective approval, complete rectification works, or, in serious cases, demolish the structure altogether.
What Are Unapproved Structures and Why Do They Occur?
An unapproved structure is any building work that was undertaken without the proper approvals or final inspection certification required under the Building Act 1975 (Qld). This legislation applies to most structural works, from small extensions and carports to large-scale renovations.
Unapproved works can occur for a variety of reasons. Some owners proceed with construction without seeking approval to save time or cost. Others might not realise approval is needed, particularly for minor additions like pergolas or sheds. In some cases, approvals were once granted but the final inspection certificate was never issued, leaving the property technically non-compliant.
Even if a structure appears safe, the absence of approval means it has not been legally certified as meeting building and safety standards. This can lead to problems with insurance, financing, and future resale.
What Sellers Must Disclose
Under Queensland’s Property Law Act 2023 and the standard REIQ contract, sellers are required to disclose certain matters affecting the property through the Form 2 Disclosure Statement. However, the law does not require a seller to confirm that every structure on the property has final approval unless there is a current Show Cause or Enforcement Notice.
As a result, a property can be sold lawfully even if it contains unapproved works. Buyers should therefore not rely solely on the seller’s disclosure and should take steps to confirm compliance independently.
How Buyers Can Protect Themselves
Buying property in Queensland comes with important responsibilities, and a few proactive steps can make a significant difference in avoiding costly surprises.
- Building Approval Search
A building approval search through the relevant Council can confirm whether approvals and final inspection certificates exist for each structure on the property. If any records are missing, further investigation may be necessary before proceeding. - Building and Pest Inspection
An experienced building inspector can often identify signs of unapproved or non-compliant works. Including this as a condition of the contract gives the buyer flexibility to withdraw or renegotiate if serious issues are found. - Title Insurance
Title insurance offers additional protection against unexpected property risks, including loss arising from unapproved structures. It provides a single-premium cover that continues for as long as the buyer owns the property.
Together, these steps form a sensible risk management strategy for anyone purchasing property in Queensland.
The Risks After Settlement
If unapproved structures are discovered after settlement, the responsibility for compliance lies entirely with the new owner. Council can require retrospective approval, rectification, or removal of the structure, often at significant expense. These issues can also impact home insurance and reduce the property’s resale value.
Proper legal and building due diligence before signing a contract is the best way to avoid these challenges.
How NB Property Law Can Help
At NB Property Law, we regularly assist Queensland buyers, sellers, and investors in identifying and managing risks associated with unapproved structures. Our experienced team can review contracts, conduct Council and building approval searches, advise on title insurance, and help negotiate protective contract terms before settlement.
Buying a property involves more than signing a contract, it requires a clear understanding of what you are purchasing and the legal responsibilities that come with it.
Contact NB Property Law today for clear, practical advice on unapproved structures and conveyancing risks. We are here to help you protect your investment, minimise your exposure, and move forward with confidence.