By Julian & Renee (Australia) – with writing support from Alberto Aldana (Colombia)
It may sound unbelievable, but a recent situation in Sydney highlights an important truth: just because a structure has existed for decades does not mean it is protected from Council enforcement. Chai and Emmy, a retired couple, faced a distressing situation after being ordered to demolish their granny flat or spend over $100,000 to bring it into compliance—after living with it for more than 30 years. In 2026, NSW councils are increasingly active in enforcing planning regulations, including in cases where structures were built over existing features such as old swimming pools. This is not just a warning—it is a wake-up call for homeowners.
One of the most common misconceptions in New South Wales property law is that a structure becomes “legal” after seven years. This belief is incorrect. Under the Environmental Planning and Assessment Act 1979 (NSW), there is generally no limitation period that prevents a council from taking enforcement action against unauthorised building works, regardless of how long ago they were constructed.
The reality is much stricter: if an unapproved structure is identified—whether through a drone inspection, a neighbor’s complaint, or a buyer’s due diligence—the Council can issue orders, including demolition, regardless of whether the structure was built in 1996 or 2016. If it was not properly approved, it remains unlawful.
Attempting to rectify an unapproved structure after the fact can be expensive and complex. Once a Council identifies non-compliant works, the owner is usually required to bring the structure up to current building standards, not the standards that applied when it was originally built.
This may involve:
- Fire safety upgrades
- Drainage improvements
- Structural modifications
These requirements can result in significant costs, often reaching tens of thousands of dollars or more. While compliance may allow the structure to remain, the financial burden can be substantial. It is generally far more cost-effective to address compliance issues early rather than attempt to fix them later.
Unapproved structures can create serious issues when selling a property. A common mistake is assuming that long-standing structures will not be questioned during a sale. In reality, buyers and their conveyancers will often identify discrepancies between approved plans and the existing improvements on the property.
This can lead to:
- Requests for a Building Information Certificate (BIC)
- Renegotiation of the purchase price
- Delays at settlement
- Buyers withdrawing from the transaction entirely
Failure to properly document and approve structures can therefore directly impact the success of a sale.
A Building Information Certificate (BIC) is one of the main ways to reduce risk. If granted, it prevents the Council from taking demolition action against the structure for a period of seven years from the date of issue.
However, it is important to note:
- A BIC must be formally applied for
- The applicant must demonstrate that the structure is safe
- Without a BIC, there is no protection, regardless of how long the structure has existed
Property owners should take proactive steps to address any unapproved works before issues arise. Ignoring the problem can lead to significant financial consequences. Whether you are buying, selling, or simply occupying a property, it is essential to ensure that all structures comply with current regulations.
Once a council investigation, drone inspection, or buyer enquiry brings the issue to light, options may become limited. Taking early action—such as obtaining approvals or applying for a BIC—can help avoid costly outcomes.
Flash Conveyancing assists clients in navigating property transactions across New South Wales. Our team, led by Julian and Renee, manages each step of the process, including identifying risks associated with unapproved structures. With extensive experience working with local councils such as Blacktown, Hawkesbury, and the Blue Mountains, we provide a personalised approach to every settlement and help clients avoid costly mistakes. If you are buying, selling, or reviewing whether your property complies with current building requirements, seeking early advice can help prevent significant legal and financial issues.
Our team has a proven track record of working seamlessly with the Blacktown, Hawkesbury, Blue Mountains, The Hills Shire, Hornsby, and Parramatta councils.
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