Unapproved Structures in QLD: Inheriting the Seller's Building Problems
Plain English Definition
An unapproved structure is any permanent improvement built without the required local council building approval — this includes granny flats, sheds, carports, extensions, pools, decks, and retaining walls. In Queensland, when you buy a property, you assume responsibility for all structures on the land, regardless of whether the previous owner built them legally.
The Danger Zone: Buyer's Risk
Buying a property with unapproved structures can result in significant compulsory costs:
- Council enforcement — Councils can issue Show Cause Notices requiring you to either obtain retrospective approval (if possible) or demolish the structure entirely — at your cost. Demolition of a large shed or extension can cost $20,000–$80,000+.
- Retrospective approval costs — Getting an existing structure approved retrospectively (if the council allows it) requires a certifier, engineering reports, and potentially costly modifications to meet current building codes.
- Insurance issues — If an unapproved structure causes damage, your insurer may refuse a claim on the basis that the structure was not legally built.
- Disclosure obligation — Sellers must disclose known illegal structures. But "known" is the key word — if the seller claims ignorance, proving otherwise is difficult.
- No exemption for age — Older structures are not exempt from compliance requirements just because they've stood for decades.
Real-Life QLD Scenario
Raj bought a Sunshine Coast property that included a large, converted garage being rented as a studio apartment. He paid a premium for the rental income. After settlement, a neighbour complained, triggering a council inspection. The studio had never been approved as a residential dwelling — electrical, plumbing, and fire compliance were all non-compliant. The council issued a demolition order. Raj lost both the studio and $35,000 in conversion work costs. The seller had added a generic "As Is Where Is" clause, offering no recourse.