Understanding Unapproved Structures on a Property in NSW
4th November, 2025
Buying a home can be an exciting milestone, but unapproved structures can make the process more complex. Whether it’s a deck, shed, or extension, understanding what’s required to make these structures compliant is essential before settlement.
What is an Unapproved Structure?
An unapproved structure is any building or alteration that was constructed without the necessary approval from the local council or certifying authority. Common examples include pergolas, garages, granny flats, and extensions added after the original approval.
Even though some may appear minor, councils treat all unapproved works seriously. Failing to address them can lead to fines, insurance issues, and even demolition orders.
Step 1: Conduct a Compliance Check
Before signing a contract, it’s vital to determine whether the property includes unapproved work. Start by requesting a building certificate or occupation certificate from the vendor. Then, check the local council records to confirm all structures have approval.
If anything seems unclear, engage a licensed conveyancer or property lawyer to assist. They can contact the council and identify whether retrospective approval will be possible.
Step 2: Arrange a Building Inspection
A pre-purchase building inspection is an essential part of the process. A qualified inspector can identify any unapproved or unsafe structures. Moreover, they can estimate the cost of rectifying or removing them if required.
This information helps you negotiate with the vendor and decide whether the purchase is still worthwhile.
Step 3: Apply for a Building Information Certificate
If you proceed with the purchase, your next step may be to obtain a Building Information Certificate (BIC) from the council. This process often involves submitting building plans, engineering reports, and certificates from licensed tradespeople.
Once submitted, the council may inspect the property to ensure it meets the Building Code of Australia. In some cases, modifications or repairs will be required before the BIC is granted.
Step 4: Keep Detailed Records
Maintaining documentation is crucial. Keep all correspondence, permits, and inspection reports in one place. If you decide to sell later, these records prove that the property now complies with local regulations.
Navigating the Process with Confidence
Dealing with unapproved structures in Byron Bay, Lismore, Ballina, Bangalow or Murwillumbah can feel overwhelming. However, with the right guidance, the process can be managed efficiently and legally.
At Bangalow Conveyancing, our team help purchasers and homeowners navigate council requirements and approval processes. We handle document reviews, liaise with councils, and ensure you understand your legal obligations before settlement.
Contact Bangalow Conveyancing today to get professional advice on unapproved structures and start your property journey with confidence.
If you found this blog helpful, don’t forget to check out our other informative blogs.
