I recently had the opportunity to represent the owners of a beautiful 1940s character home that had previously been extended to include an ensuite, lounge, kitchen and dining area.
The council property file contained the relevant building consents and a copy of the plans stamped “Received”. However, the version showing the council’s final “Approved” status could not be located within the available records.
When an offer was made, the purchaser requested a vendor warranty requiring the approved plans to be provided before settlement. It also required further confirmation from a licensed building practitioner if the completed work differed significantly from those plans.
I visited the council on behalf of my vendors and explored several avenues to try to locate the approved version. Despite extensive enquiries, it could not be found within the available council records.
The solution
We had the foresight to include a two working day Solicitor's Approval clause within the agreement in favour of the vendor. This created the opportunity for the vendors' solicitor to structure a practical solution that allowed both parties to move forward with confidence.
With appropriate legal guidance, the original vendor warranty was replaced with a more tailored (in favour of my vendors) clause acknowledging:
- the available documentation, including the council-issued building consents;
- the existing “as-built” layout of the property;
- the purchaser’s opportunity to inspect the property, complete their own due diligence and make any necessary enquiries, including with the council; and
- that the purchaser accepted the works and documentation in their current form.
This gave both parties clarity about the information available and the basis on which the purchaser was proceeding. Through open communication, experienced legal guidance and a collaborative approach, the sale and purchase was able to move forward successfully.
Situations like this are a great reminder that property transactions can sometimes uncover unexpected issues — particularly with older homes and gaps in historical council documentation. When challenges arise, having the right team behind you can make all the difference—an experienced agent, solicitor and other trusted professionals who communicate openly and work together to find a practical way forward.
If you’re considering selling and have questions about your property or how best to prepare it for sale, please get in touch. I’m always happy to have a confidential, no-obligation conversation.
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