Buying a property is a major decision, and buyers often want to know whether the existing house, extensions, renovations, garage, deck, swimming pool or other structures were properly approved.
A common question is:
“Can I ask the seller for the building permits and plans before I buy the property?”
The short answer is yes, a buyer can ask the seller for relevant property documents before signing a Contract of Sale.
However, the seller may not always have every document, and not every document requested by a buyer will necessarily be available.
This is why buyers should understand what they can ask for, what may be available through council or other authorities, and what should be checked before signing the contract.
What Documents Can a Buyer Ask the Seller For?
Depending on the property, a buyer may ask the seller or real estate agent whether they have documents relating to the construction, alteration or improvement of the property.
These may include:
- Building permits
- Occupancy permits
- Certificates of final inspection
- Building plans
- Architectural drawings
- Endorsed plans
- Engineering drawings
- Planning permits
- Building permit plans
- Property reports
- Building insurance documents
- Documents relating to extensions or renovations
- Documents relating to pools, spas, garages, sheds, decks or other structures
The documents that are relevant will depend on the property.
For example, a property with a recently constructed extension may have substantially more documentation than an older house that has not been significantly altered.
Does the Seller Have to Give Me All the Building Documents?
Not necessarily.
A buyer can request documents from the seller, but this does not mean the seller will always have every document or that every requested document must be provided.
Older properties may have incomplete records.
Documents may also have been lost over time, particularly where the property has changed hands several times.
The seller may also have purchased the property without receiving a complete set of historical building documents.
If the existence or approval of a particular structure is important to your decision to purchase, it is better to investigate the issue before signing the Contract of Sale.
What Is a Building Permit?
A building permit is an approval that may be required before certain building work can commence.
Building permits can relate to work such as:
- New houses
- Extensions
- Renovations
- Structural alterations
- Garages
- Decks
- Sheds
- Other building work
Whether a permit was required depends on the nature of the work and the requirements that applied at the time.
A buyer should not assume that every improvement to a property required exactly the same type of approval.
What Is an Occupancy Permit?
An occupancy permit is a document that may confirm that a building is suitable for occupation for its intended use.
The terminology and documentation can depend on the type of building work and the circumstances.
For a buyer, an occupancy permit or relevant final inspection documentation can be important when investigating whether building work was completed and approved.
If you are purchasing a property with a recently constructed house, extension or other significant building work, ask what completion and occupancy documents are available.
What Is a Certificate of Final Inspection?
A Certificate of Final Inspection may be issued following the completion of certain building work.
It is different from an occupancy permit, and the appropriate document depends on the type of building work and applicable requirements.
If a property has undergone renovations or extensions, a buyer may wish to find out what final inspection documentation exists.
What Are Property Plans and Building Drawings?
Property plans and building drawings can show information about the property’s layout and proposed or existing structures.
Depending on the project, these may include:
- Floor plans
- Site plans
- Elevation drawings
- Structural drawings
- Engineering plans
- Architectural drawings
- Drainage plans
- Other construction drawings
These documents can be particularly useful when a buyer is considering future renovations or wants to understand how an existing structure was constructed.
What Are Endorsed Plans?
An endorsed plan is generally a plan that has been formally approved or endorsed by the relevant authority as part of a planning or development process.
The meaning and purpose of an endorsed plan can depend on the particular application and property.
A buyer should not assume that every plan described as an “endorsed plan” has the same legal significance.
If an endorsed plan is important to your purchase, ask your conveyancer or an appropriately qualified professional to review the relevant documentation.
Can I Ask for Building Insurance Documents?
Yes, a buyer can ask whether the seller has relevant building insurance or other documentation relating to building work.
For example, there may be documents relating to:
- Domestic building insurance
- Builder warranties
- Construction contracts
- Building work
- Major renovations
Whether such documents exist and whether they can be transferred to a buyer will depend on the circumstances.
If you are particularly concerned about previous building work, tell your conveyancer before signing.
What If the Property Has an Extension?
Extensions are a good example of why buyers may want to investigate building documentation.
Imagine a house that originally had three bedrooms but now has:
- A fourth bedroom
- An extended kitchen
- A second living area
- A new bathroom
- An enclosed outdoor area
A buyer may reasonably want to know when the work was completed and whether the appropriate approvals were obtained.
You can ask the seller or agent for the relevant documents.
You may also consider whether further searches or investigations are appropriate.
What If the Property Has a Swimming Pool?
Swimming pools and spas can involve additional compliance requirements.
A buyer should not simply assume that because a pool exists, everything relating to the pool is compliant.
Depending on the circumstances, a buyer may want to ask about:
- Building permits
- Pool or spa registration
- Safety barrier compliance
- Inspection documentation
- Relevant certificates
If you are purchasing a property with a swimming pool or spa, raise the issue with your conveyancer before signing.
What If the Property Has a Garage, Shed or Deck?
The same principle applies to other structures.
For example:
- A large shed
- A detached garage
- A substantial deck
- An enclosed verandah
- A pergola
- An extension
may have been constructed at different times under different requirements.
The buyer can ask whether relevant approvals and documents are available.
However, the fact that the seller does not have a document does not automatically mean that the structure is illegal.
Further investigation may be required.
What If the Seller Says They Don’t Have the Documents?
This is relatively common, particularly with older properties.
A seller may say:
“We don’t have the building permit.”
That does not necessarily answer the question of whether a permit exists.
The buyer may need to consider whether a search of council records or another investigation is appropriate.
Depending on the property and the issue, the buyer may also need advice from a building surveyor, council or another appropriately qualified professional.
Can a Buyer Get the Documents From Council?
In some circumstances, relevant building or planning records may be available from the local council or another authority.
The availability of records can depend on:
- The age of the property
- The type of document
- Which authority holds the record
- Whether the records have been retained
- The applicable access requirements
- The circumstances of the original building work
A buyer may also consider obtaining relevant property and council searches to investigate information that may not be provided directly by the seller.
For more information about the types of property searches that may be available when purchasing a property in Victoria, see our guide to Property Searches in Victoria.
A buyer should not assume that every historical document will be available.
If a particular approval is important to your purchase, investigate it before becoming unconditionally committed where possible.
Can My Conveyancer Check Whether Building Work Was Approved?
A conveyancer can assist with the conveyancing and property-search aspects of a transaction.
Depending on the circumstances, your conveyancer may be able to help identify relevant searches or information that should be obtained.
However, a conveyancer is not a building surveyor.
A conveyancer generally cannot provide a professional assessment of whether a building or structure is physically compliant with building standards.
If you are concerned about the physical condition or construction of a building, you may need a building inspection or advice from an appropriately qualified building professional.
Does a Section 32 Tell Me Everything About the Building?
No.
A Section 32 Vendor Statement contains important information about the property, but it should not be treated as a complete building inspection or a complete history of every renovation carried out on the property.
A buyer should not assume that the Section 32 will contain every building permit, drawing or construction document.
If you want specific information about building work, ask for it and consider whether additional searches or professional inspections are appropriate.
Should I Ask for the Documents Before Signing?
Yes, if they are important to your decision to purchase.
This is one of the most important points for buyers.
If you are particularly concerned about an extension, renovation, garage, pool or other structure, try to investigate the issue before signing the Contract of Sale.
Once you have entered into a binding contract, your ability to simply withdraw because you later discover an issue may be limited.
Do not rely on a verbal statement such as:
“The extension was approved.”
If the approval is important to you, ask for supporting documentation and obtain appropriate advice.
What If the Seller Says the Building Work Was Approved?
Ask:
“Can you provide the approval documents?”
A seller may genuinely believe that work was approved because:
- They were told by a previous owner
- A builder told them it was approved
- They purchased the property believing it was compliant
- The work was completed many years ago
- They have seen documents but no longer have them
The seller’s belief is not necessarily the same as documentary evidence.
Where the issue is important, further investigation may be appropriate.
What If I Am Planning to Renovate After Buying?
This is another reason to investigate the property’s existing approvals.
Suppose you are purchasing a house because you intend to:
- Add another bedroom
- Extend the kitchen
- Build a second storey
- Add a garage
- Install a pool
- Subdivide the property
You may want to understand the property’s existing planning and building history before committing to the purchase.
However, existing approvals do not guarantee that your proposed future renovation will be approved.
Your future project will need to be assessed under the requirements that apply at that time.
What If I Am Buying the Property for Subdivision?
If subdivision is part of your reason for purchasing the property, building and planning information can become particularly important.
You may want to investigate matters such as:
- Planning controls
- Existing permits
- Easements
- Restrictions
- Title information
- Existing structures
- Services
- Site conditions
- Council requirements
A conveyancer can assist with the title and conveyancing aspects, but subdivision feasibility should also be assessed by appropriately qualified planning, surveying and other professionals.
Do not assume that because a neighbouring property has been subdivided, your property can automatically be subdivided in the same way.
What If the Seller Won’t Provide the Documents?
A seller may not agree to provide every document requested by a buyer.
If the documents are important to you, consider whether you are comfortable proceeding without them.
You may also wish to:
- Ask the agent for clarification
- Request copies of available documents
- Arrange appropriate searches
- Obtain professional advice
- Make the contract subject to an appropriate condition, where negotiated and legally appropriate
Any special condition should be properly drafted and reviewed before signing.
Can I Make the Contract Subject to Building Approval?
It may be possible to negotiate a special condition dealing with building approval, inspections or other matters.
However, this needs to be carefully drafted.
A vague condition such as:
“Subject to building approval.”
may not provide the protection a buyer expects.
The condition should clearly address matters such as:
- What approval is being investigated
- Who obtains the information
- The timeframe
- What happens if the approval cannot be confirmed
- Whether the buyer can terminate
- Whether the buyer can negotiate
- What evidence is required
If you want a contract condition dealing with building approvals, have it properly reviewed before signing.
What If I Discover Unapproved Building Work After Settlement?
This can be much more complicated.
Once settlement has occurred, the buyer may discover that a renovation, extension or structure does not have the expected approval.
The buyer’s rights will depend on the circumstances, the contract, the nature of the work and what representations or disclosures were made.
There may also be practical issues involving council, building surveyors, insurance or future sale of the property.
This is one reason why important building issues should be investigated before purchase, rather than assuming they can be resolved after settlement.
A Practical Buyer Checklist
If you are concerned about building work at a property, consider asking:
☐ Are there building permits for major building work?
☐ Is there an occupancy permit or relevant final inspection documentation?
☐ Are building plans available?
☐ Are architectural or engineering drawings available?
☐ Are there planning permits?
☐ Are there endorsed plans?
☐ Are there documents for extensions or renovations?
☐ Are there documents for pools, spas, garages, sheds or decks?
☐ Is building insurance documentation available where relevant?
☐ Can relevant council records be searched?
☐ Have I had the Contract of Sale reviewed?
☐ Have I investigated the issue before signing?
☐ Do I need advice from a building surveyor or other professional?
What Should I Do Before Buying?
If a particular building feature is important to your decision to buy, don’t simply rely on what the seller or agent tells you.
A sensible approach is:
- Identify the building work or structure you are concerned about.
- Ask the seller or agent for available documentation.
- Ask whether relevant council records can be obtained.
- Have your conveyancer review the relevant property information.
- Obtain building or planning advice if necessary.
- Consider whether a contract condition is appropriate.
- Resolve important questions before signing where possible.
The earlier you identify an issue, the more options you may have.
Frequently Asked Questions
Can a buyer ask the seller for building permits?
Yes. A buyer can ask the seller or agent whether building permits and other relevant documents are available.
Can I ask for building plans before buying?
Yes. You can request building plans, architectural drawings, engineering plans and other documents from the seller or agent, although they may not always be available.
Does the seller have to provide every building document?
Not necessarily. The availability and disclosure of documents depend on the property, the transaction and the applicable requirements.
Can I get building records from council?
In some circumstances, relevant records may be available from the local council or another authority. Availability depends on the age and type of records and applicable access requirements.
Does a Section 32 include all building permits?
No. A Section 32 should not be treated as a complete record of every building approval or renovation carried out at the property.
Should I check building approvals before signing?
If building approvals are important to your decision to purchase, yes. It is generally better to investigate significant concerns before signing a binding Contract of Sale.
Can a conveyancer tell me whether a building is structurally sound?
No. A conveyancer can assist with conveyancing and relevant property searches, but a building inspection or professional building advice should be obtained for structural or physical building concerns.
What if the seller says an extension is approved but cannot provide the permit?
You can ask whether the relevant records can be obtained from council or another authority and consider whether further professional investigation is appropriate before proceeding.
What if I discover unapproved building work after settlement?
The position can be complicated and depends on the circumstances. If you discover an issue after settlement, obtain professional advice as soon as possible.
Can I make my purchase subject to confirmation of building approval?
It may be possible to negotiate a special condition, but it needs to be carefully drafted so that the buyer’s rights and the process are clear.
How Prox Conveyancing Can Help
At Prox Conveyancing, we understand that buyers want to know what they are purchasing before committing to a property.
We can assist with the conveyancing aspects of your purchase, including:
- Contract review
- Vendor Statement review
- Property searches
- Title investigations
- Identifying potential property issues
- Settlement preparation
- Coordinating with other professionals where appropriate
If you are concerned about building permits, renovations, extensions, plans or other property documents, raise the issue with us before signing the Contract of Sale.
Where specialist building, planning or structural advice is required, we can help identify when you may need to obtain advice from an appropriately qualified professional.
About the Author
Meet Sally
Sally Kwok is a Licensed Conveyancer and the Director of Prox Conveyancing. With more than 16 years of experience in the conveyancing industry, she is committed to helping buyers and sellers navigate Victorian property transactions with confidence. Sally is passionate about providing clear communication, practical guidance and personalised service throughout every stage of the conveyancing process.
👉 Learn more about Sally on our About page.
About Prox Conveyancing
Prox Conveyancing is a Victorian conveyancing practice providing professional conveyancing services for residential property transactions across Victoria. We assist buyers, sellers, investors and families with a wide range of conveyancing matters, delivering personalised service, transparent communication and professional support from contract through to settlement.
👉 Learn more about Prox Conveyancing on our About page.
This article provides general information only and is not legal advice. Every property transaction is unique, and the information above may not apply to your particular circumstances. If you require advice about your specific situation, please contact a qualified legal professional or licensed conveyancer.