Love the discussion on Cosmetic/Minor/Major renovations – This topic is crying out for detailed clarification, which NSW Fair Trading has so far avoided.
But from a conveyancing perspective, because it is a possible defect in title, Lynnecg (and anyone else in her position purchasing a strata unit that has been renovated in this way) should impose an obligation on the vendor to obtain retrospective ‘as built’ approval to the renovation.
What I suggest is to include a special condition in the Contract such as: “Prior to completion, the vendor will, at the vendor’s expense, obtain the necessary approval from the owners corporation and the Local Council (if appropriate) to these works: …..
Completion is conditional upon this condition being satisfied to the purchaser’s reasonable satisfaction, and if required under the Strata Law, the registration of a strata by-law in respect of the works.”