Pre- July 1st 1992 building permits and alterations – Important considerations

Prior to the introduction of the building regulatory changes on 1st July 1992, building work and alterations were generally undertaken under a Council issued Building Permit. The granting of a permit indicated that the proposed work had been reviewed and accepted by the relevant local authority as being suitably designed and capable of achieving an appropriate level of durability and structural performance.

Unlike the current building consent process, a final inspection and formal sign-off were not always required. As a result, many properties contain additions and alterations that were approved under a building permit but were never subject to a final inspection to verify that the completed work was constructed in accordance with the approved plans.

Furthermore, it is not uncommon to encounter alterations and additions undertaken prior to 1992 that would have required a permit but were never submitted to Council for approval. Because these works never entered the regulatory system, they may not appear on Council files, property records, or Land Information Memoranda (LIMs).

The identification of significant alterations and additions during a pre-purchase or pre-sale inspection is therefore an important aspect of due diligence. Where building work cannot be adequately verified as lawful or compliant, insurance providers may be reluctant to offer full cover. In turn, lending institutions are increasingly cautious about advancing finance on properties that present insurance or compliance uncertainties.

Accordingly, any substantial alteration or addition that appears inconsistent with the property's documented Council records should be investigated further before a purchase commitment is made. Confirmation of the approval status and extent of any undocumented works may require enquiries with the relevant Council, review of available records, and specialist professional advice where appropriate.

Additions and alterations post original construction need verification on Permit or Consent depending on dates completed and their impact on change of use, structural alteration or weather tightness.

We can perform a review of the property or post original construction adjustments completed prior to the 31st of July 1992 to determine their suitability to achieve a 'Safe & Sanitary / Third Party' report. 

If the review indicates issues with the design or completions affecting its 'Safe & Sanitary' capabilities, it will not achieve the 'certification' required. Remedial work will need to be rechecked to satisfy the inspector and the Safe & Sanitary' boundaries.  

The findings must conclude:

• The work is considered safe.
• The structure is sanitary – not offensive or likely to be a health risk.
• The structure is not subject to dampness.
• The structure has adequate drinkable water and sanitary facilities (for intended use).