Many buyers assume that if a structure is standing, it has been approved. In Queensland, that is not always the case, and the gap between what is built and what is approved can become the buyer's problem after settlement.
Unapproved building work is more common than most buyers realise. Garages enclosed to create living space, decks added without permits, and granny flats built without council sign-off can all appear on a property that looks completely normal at an open house. From settlement day, responsibility for those structures moves to the new owner, according to Ipswich City Council.
Brookwater Legal helps clients across Greater Springfield and Ipswich with conveyancing, including checking contract conditions and understanding what searches reveal before they sign.
Here is what unapproved building work generally means for Queensland buyers, and how to identify it before it becomes your problem.
Key takeaways
- A buyer who proceeds without approved structures may become liable for gaining retrospective approvals.
- A building records search shows which structures on the property have been approved.
- Owner-builder work completed in the last six years must be disclosed to buyers by the seller.
This article is general information only and is not legal advice. Every situation is different, and you should speak with a solicitor about your own circumstances.
What counts as unapproved building work in Queensland?
Most building and development work in Queensland needs the correct approvals before it starts, according to Ipswich City Council. Where a structure was built without the required building permit, or without passing a final inspection, it is generally considered unapproved.
A building permit is issued by a building certifier, which is often a private consultant rather than a council officer. Once the work is complete the certifier carries out a final inspection and issues a final inspection certificate, described by the Department of Housing and Public Works as a Form 21. Structures that were built without a permit, or where the work was never signed off with a final inspection, sit in an uncertain position.
Common examples include enclosed garages converted to additional living space, decks and pergolas added after the main build, carports and garden sheds beyond a small size threshold, and secondary dwellings such as granny flats. The Queensland Building and Construction Commission tells buyers to make sure any granny flat or pool has council approval before purchasing.
Some minor structures are accepted development and need no approval, such as a small tool shed up to 10 square metres, a retaining wall up to one metre high with no loads above it, and a fence up to two metres high, according to Business Queensland. Even these may need approval under the local planning scheme, so the council is the right place to confirm what applied at the time of construction.
What happens if unapproved work is found on a Queensland property?
Finding unapproved work does not automatically mean a buyer cannot proceed, but it does change what happens next. The contract, and the advice the buyer takes from a solicitor, shape the available options.
Where a contract is made conditional on the seller addressing the unapproved work before settlement, the seller arranges approval through a building certifier. That process can take time and may delay settlement, according to Ipswich City Council.
A buyer who proceeds without the owner having sought approvals may become liable for gaining the retrospective approvals, Ipswich City Council advises. That means the cost and the process sit with the new owner once the transfer is complete.
The Queensland Building and Construction Commission notes that a pre-purchase building inspection looks for obvious defects or areas of concern. It does not verify whether structures are approved. A separate building records search through the council is the way to confirm what approvals exist.
Council enforcement is also a possibility. Ipswich City Council can issue a show cause notice where it reasonably believes the Building Act or Planning Act may have been contravened, giving at least twenty business days to respond. An enforcement notice can follow, requiring specific actions within a set time, such as removing unapproved work or applying for a development permit.
"A building inspection tells a buyer whether a structure is in good condition. A building records search tells them whether it was ever approved. Both matter, and one does not replace the other."
Jade Kickbusch, Principal, Brookwater Legal
What do the seller disclosure rules require in Queensland?
From 1 August 2025, Queensland sellers must give buyers a signed seller disclosure statement before a contract of sale is signed, under the Property Law Act 2023, according to the Queensland Government.
The seller disclosure statement covers certain Building Act and Planning Act notices given to the seller that are still in effect just before the buyer signs. This means a seller who has received a show cause notice or an enforcement notice about unapproved work is required to disclose it.
However, the disclosure statement does not cover all unapproved work. It does not include information about whether structures on the property were ever approved, or whether the building work was completed to a required standard. Buyers must make their own enquiries about building records and approvals through the council, as the Queensland Government's guidance confirms.
For owner-builder work specifically, a separate disclosure obligation applies. A seller who completed an owner-builder project in the last six years must give prospective buyers a notice about the work, warning that it is not covered by insurance under the QBCC Act, according to the Queensland Building and Construction Commission. That work is noted on the title for seven years.
How does checking building records and approvals generally work in Queensland?
Step 1: Talk to us
Get in touch and we will explain what checks are available for the property you are considering and how to make approval issues a condition of your contract.
Step 2: We arrange a building records search
We request a building records search through the relevant council, which lists approved building applications for the property. For properties in Greater Springfield and Ipswich, that means Ipswich City Council. The search result can then be compared with the structures visible on the property.
Step 3: We review the contract conditions
Where unapproved work is identified before signing, we can advise on including a condition that requires the seller to obtain the necessary approvals before settlement. We also review the seller disclosure statement for any notices that have been issued about the property.
Step 4: We manage the process through to settlement
If approval conditions need to be satisfied, we keep track of the process and confirm that the required certificate or outcome is received before settlement proceeds. Our conveyancing team coordinates with the seller's side throughout.
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When does unapproved building work not affect a Queensland buyer?
Not every property with unapproved structures creates a significant problem for a buyer. Context matters, and the specific structure, its age and what the council records show all affect how the issue plays out.
Some older structures may predate the approval requirements that now apply. Business Queensland notes that council building records for older structures may not exist, because approval was not required at the time or records were simply not kept. In those situations a building records search may return limited information, and the issue becomes one of confirming what the current requirements are.
Minor structures that qualify as accepted development under Queensland's planning laws require no building permit and would not show up as an approval gap. Business Queensland identifies examples such as small tool sheds up to 10 square metres, retaining walls up to one metre with no loads and fences up to two metres, though local planning scheme requirements may still apply.
The question a buyer needs to answer is not simply whether an approval exists, but whether the absence of one creates a risk. That is the analysis a solicitor works through, taking into account the structure, the contract terms and what the council records show.
What common mistakes do buyers make with unapproved work in Queensland?
The most common mistake is relying on the building and pest inspection alone. A pre-purchase inspection assesses condition, not compliance. An inspector who finds a deck in good structural order has not confirmed it was ever approved. The Queensland Building and Construction Commission makes clear that checking for approvals is a separate step.
A second mistake is assuming the seller's disclosure covers it. The seller disclosure statement captures Building Act and Planning Act notices given to the seller. It does not capture work that was never noticed by council, was never the subject of a formal notice, or was completed by a previous owner who received no notice.
A third mistake is proceeding without making approval a contract condition, where unapproved work is found before signing. Once a contract settles unconditionally, the buyer generally takes the property as it stands. Making it a condition while still in negotiations is the point at which a solicitor's review makes the most practical difference.
Frequently Asked Questions
What is unapproved building work on a Queensland property?
It is building work that was carried out without the required building permit, or where the work was completed but never signed off with a final inspection certificate, according to Ipswich City Council. Common examples include enclosed garages, decks, pergolas and secondary dwellings.
Does a building and pest inspection reveal unapproved work in Queensland?
Not reliably. The Queensland Building and Construction Commission says a pre-purchase inspection looks for obvious defects or areas of concern, not whether structures are approved. A separate building records search through the council is needed for that.
How do buyers check building approvals for a Queensland property?
By requesting a building records search through the local council, which lists approved building applications for the property, according to Ipswich City Council. That result is then compared with the structures on the property to identify any gaps.
Does the Queensland seller disclosure statement cover unapproved building work?
Only in part. The Queensland Government's disclosure rules require sellers to disclose certain Building Act and Planning Act notices given to them that are still in effect. Work that was never the subject of a formal notice may not appear in the statement at all.
What are the special rules for owner-builder work in Queensland?
According to the Queensland Building and Construction Commission, a seller who completed an owner-builder project in the last six years must give buyers a notice warning that the work is not covered by insurance under the QBCC Act. That work is recorded on the title for seven years.
Do you need a solicitor to check for unapproved building work in Springfield or Ipswich QLD?
A solicitor can advise on what searches to commission, how unapproved work affects the contract terms, and whether a condition requiring the seller to obtain approvals is appropriate for a particular purchase. That advice is most useful before a contract is signed, while options are still open.
Can unapproved building work in Queensland always be approved retrospectively?
Not necessarily. Whether retrospective approval is available depends on the structure, the council's requirements and whether the work meets current standards. That is a question for a building certifier and, where a contract is involved, a matter a solicitor can advise on.
Your Next Steps
Unapproved building work is one of the less visible risks in a Queensland property purchase, and one that tends to surface only after a buyer has already committed to a contract. Getting the right checks in place before signing, and understanding what the contract says about who bears responsibility for any approval gaps, is where legal advice makes the most practical difference. For buyers in Springfield and across Greater Ipswich, knowing what to look for before settlement is far simpler than resolving it afterwards.
Every property purchase is different, and that's exactly why it's worth a conversation. Make an appointment with the Brookwater Legal team or call (07) 3437 8555.
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External Resources
- Queensland Building and Construction Commission: Before you buy and sell
- Queensland Building and Construction Commission: Sell an owner builder property
- Ipswich City Council: Building and Development Compliance
- Ipswich City Council: Planning and Building Frequently Asked Questions
- Queensland Government: Seller Disclosure Scheme
- Business Queensland: When you don't need building approval
Brookwater Legal · This article contains general information only and does not constitute legal advice. It does not take into account your individual circumstances. You should obtain legal advice about your own situation before acting on anything in this article. Liability limited by a scheme approved under Professional Standards Legislation.
