How to Sell with Unapproved Gold Coast Property Structures?
To sell a Gold Coast property with unapproved structures, start by identifying them through council records or building plans. You can either seek retrospective approval, disclose them in the mandatory Form 2, or remove the structures if approval isn’t possible. Being upfront avoids buyer concerns and legal issues, and consulting with experienced professionals ensures a smoother sale.
Here’s What You Need to Know Before You List, Here’s How to Tackle Council Issues Without Losing a Sale
If you’ve lived in your home for a while, chances are you’ve made a few changes along the way, maybe added a patio, built underneath, or popped up a garden shed. But when it’s time to sell, there’s one question that can turn up the stress dial:
“Is everything approved?”
It’s more common than you might think to discover a structure on your property was never signed off by Council.
Whether it was added before you bought, built by a previous owner, or something you DIY’d years ago, it can create legal and financial headaches when you’re trying to sell.
The good news? It doesn’t have to ruin your plans.
First Things First: What Counts as “Unapproved”?
Unapproved structures are any buildings, alterations or additions that weren’t properly lodged, assessed, or signed off by your local council or a private certifier.
This might include:
- Decks or patios
- Sheds or granny flats
- Carports or garages
- Internal room conversions
- Built-in downstairs areas (in highset homes)
- Fences or retaining walls above height limits
Some of these might look fine. They might have been standing for years without issue. However, if they don’t meet current code or aren’t included in official plans, they can raise concerns during the sale process.
Why It Matters When You’re Selling
Unapproved work can:
- Scare off buyers (especially if they’re relying on finance)
- Delay or derail a contract
- Lead to reduced offers or drawn-out negotiations
- Put you at risk of a legal dispute if issues arise post-settlement
Plus, as of August 1, 2025, under Queensland’s Property Law Act 2023, sellers are now expected to disclose more clearly what’s approved and what’s not. This includes completing a Form 2 Seller Disclosure Statement.
How to Check If Something’s Unapproved
You don’t need to guess. Here’s how to find out:
- Review your current building plans
Your title or past approvals will show what’s on record with Council. - Request a Council property file search
This provides a comprehensive history of permits, final inspections, and approvals. - Ask a private building certifier
They can inspect and compare what is on-site with what is legally approved.
Even if you’re not ready to sell yet, knowing now puts you in a position of control.
Your Options if Something Isn’t Approved
If you discover an unapproved structure, you’ve got a few paths:
1. Get It Certified Before You List
You can apply for retrospective approval through a certifier. They’ll verify that the structure meets code and assist you in lodging the paperwork.
Pros:
- Increases buyer confidence
- Avoids problems during the contract or finance stages
Cons:
- Might require some modifications
- Can cost time and money
2. Disclose It and Sell As-Is
In some cases, especially with minor works, you may choose to disclose the structure in your Seller Disclosure Statement and sell the property without making any repairs.
Pros:
- Faster and cheaper
- Still meets legal obligations
Cons:
- May reduce buyer interest or sale price
- Could limit interest from financed buyers
3. Remove or Modify the Structure
Sometimes, removing the structure is the easiest option if it’s small, temporary, or non-compliant beyond repair.
Legal Risks of Unapproved Structures
1. Council Enforcement Actions:
Local councils have the authority to issue enforcement notices requiring property owners to rectify or remove unapproved structures. Non-compliance can result in substantial fines and legal action.
2. Liability for Damages:
If an unapproved structure causes injury or damage, the property owner may be held legally liable for the resulting harm. Insurance policies often exclude coverage for incidents related to unapproved structures, leaving owners financially exposed.
3. Impact on Sale Contracts:
Unapproved structures can complicate property transactions. Buyers may request price reductions, demand rectification before settlement, or even withdraw from the contract if they discover non-compliant additions.
Potential Fines and Financial Implications
- Council Fines: Penalties for unapproved building work can be significant, varying based on the nature and extent of the non-compliance.
- Demolition and Rectification Costs: Owners may incur substantial expenses to either demolish or bring unapproved structures into compliance with code.
- Insurance Limitations: Claims related to unapproved structures are often denied, potentially leading to out-of-pocket expenses for damages or injuries.
Comprehensive Solutions for Sellers
1. Obtain Retrospective Approval:
Engage a private building certifier to assess the unapproved structure. If feasible, they can guide you through the process of obtaining retrospective approval, which may involve inspections, documentation, and possible modifications to meet current building codes.
2. Disclose Unapproved Structures:
Transparency is crucial. Clearly disclose any unapproved structures to potential buyers. While Queensland law operates under a “buyer beware” principle, undisclosed issues can lead to disputes or legal challenges after the sale has been completed.
3. Consult Legal and Real Estate Professionals:
Seek advice from a solicitor experienced in property law and a reputable real estate agent. They can provide guidance tailored to your situation, helping you navigate the complexities of selling a property with unapproved structures.
Addressing unapproved structures proactively can mitigate legal risks and financial losses. By obtaining the necessary approvals, being transparent with potential buyers, and consulting professionals, you can facilitate a smoother sale process and protect your interests.
What Buyers Are Typically Thinking
Most buyers just want clarity. The unknown is what scares them, not necessarily the structure itself. By being upfront and offering real solutions, you can still sell with confidence.
THIS IS HOW YOUR JOURNEY TO A SUCCESSFUL GOLD COAST PROPERTY SALE STARTS
My simplified guide below will take you through a 20-step process for selling your property anywhere on the Gold Coast;
I proudly sell homes across the entire coast.
1. PREPARING YOUR GOLD COAST PROPERTY FOR SALE + SOME OF THE LEGAL REQUIREMENTS
- Tidying gardens and decluttering everything inside and out.
- All homes for sale, are legally required to have hardwired photoelectric, interconnected smoke alarms.
Non-removable 10-year battery smoke alarms can be installed as an alternative.
- By law, you are required to complete a pre-contractual seller’s disclosure statement: generally related to limitations, restraints, or defects in the property title, such as easements, covenants, leasing, zoning, etc.
- A pool safety certificate is also required if you have a swimming pool or if the property has a shared swimming pool (Body Corporate).
2. COMPARATIVE MARKET ANALYSIS REPORT FOR YOUR GOLD COAST PROPERTY
After showing me around your property, I will provide you with a Comparative Market Analysis (CMA) report. This is a detailed, legally required analysis of your home’s market value.
The CMA is based on recently sold and for-sale properties similar to yours in the immediate area. I will need to view your home to prepare this report.
3. SETTING A MARKETING BUDGET FOR YOUR GOLD COAST HOME
The third step in selling your home is to create a marketing budget.
By law, this must be based on actual costs.
There are various marketing options to consider, such as:
– Internal, External and Drone Photography.
– Property and House Plans show potential buyers the exact layout of your home and property.
– Internet Advertising on platforms such as RealEstate.com.au, Domain.com.au, Facebook.com, Instagram.com, etc.
– For Sale Sign on the street is still essential to attracting potential buyers. Even though many buyers start their search online, they often drive around neighbourhoods to see what’s available.
A simple fact: Not having a For Sale sign can significantly reduce the number of people who see your property and may be interested in buying it.
4. PREPARING AND APPROVING THE FORM 6 AGREEMENT WHEN SELLING A GOLD COAST PROPERTY
A Form 6 Agreement is a document provided by the Queensland State Government. It outlines all relevant details of the property sale, including the marketing budget.
Our administration team will prepare this form for you and send it for your review and approval.
5. PAYING THE MARKETING BUDGET FOR YOUR GOLD COAST PROPERTY
Once you have approved the Form 6 Agreement, the next step is to pay for the marketing budget that you have chosen.
6. STARTING THE ADVERTISING PROCESS
Once your payment is received, the advertising campaign will commence.
Advertising strategies will align with the choices you made within your marketing budget.
7. MONITORING MARKET RESPONSE
If your property hasn’t received offers within 30 days, don’t assume there’s no interest.
It often means the price isn’t aligned with what buyers are willing to pay at this time.
This is your signal to review and adjust your pricing strategy so your home remains competitive and receives the attention it deserves.
8. ARRANGING BUYER VIEWINGS
When buyers express interest in your property, viewings will be arranged to allow them to see your home in person; you need to be away from the property during these viewings.
This helps potential buyers feel relaxed and visualise themselves as the new owners, thereby forming a deeper connection with your property.
9. CONSIDERING A BUYER’S OFFER
When you receive an offer on your home, it means a buyer is serious and ready to move forward at a certain price.
This is a key moment in your selling journey. Take the time to go over the offer carefully.
Look beyond the price; check the terms, conditions, and settlement timeframes. Make sure it works for you before accepting, countering, or declining.
10. ACCEPT, COUNTER, REJECT
When an offer is presented, you will need to respond by accepting, countering, or rejecting it.
Accepting locks in the agreed-upon price and terms.
Countering proposes changes and initiates further negotiations. If countering, present revised terms clearly; open, respectful communication is key for a smooth sale.
Rejecting means the offer is unacceptable; in this case, respond promptly and professionally, explaining your reasoning for the decision.
11. YOUR LEGALITIES
When you finally accept an offer, you will engage your conveyancer or solicitor to facilitate the legal requirements to complete the sale.
If you are part of a Body Corporate, you will need to provide a Disclosure Statement from them.
Your solicitor will use PEXA to settle your property. Part of the process requires Verification of Identity. Also, anyone selling a property must complete an ATO Clearance Certificate.
12. BUYER’S DEPOSIT
The buyer’s deposit is a crucial step in the property purchase process; it will be held in the agency’s Trust account.
This is a tangible expression of the buyer’s commitment to purchase your property.
13. BUILDING AND PEST INSPECTIONS
Typically, a buyer will arrange for a building and pest inspection report to be completed, usually within 14 days of the contract date.
Additionally, they may have the contract subject to finance, which is generally applicable for 21 days from the contract date.
14. COMPLETING YOUR GOLD COAST PROPERTY SALE
Based on the outcome of the building and pest inspection report, as well as any finance being sought, the buyer will proceed with their offer or withdraw it.
At this point, the sale either falls through or becomes unconditional.
15. LOOKING FOR YOUR NEW PROPERTY
If the sale becomes unconditional, it is time to start looking for a new property. Remember, there is no need to rush.
It is essential that you take your time, as this needs to be a very considered purchase.
Your new home is of substantial value and can be costly if you change your mind. Something you may want to investigate is Short-Term Bridging Loans.
16. ALTERNATIVES YOU SHOULD CONSIDER
An alternative to seriously consider when deciding where to live between selling and buying is renting while you look for a new property.
Renting for a short period gives you breathing room; it allows you time to clear your head, make a confident, considered decision, and ultimately buy where you truly want to live, with no pressure or panic.
17. TIME FOR YOU TO MOVE
Leaving your home opens doors to a new chapter full of new beginnings. Embrace the excitement of a fresh start and cherish the memories you’ve made.
Every box you pack brings you one step closer to a new adventure full of possibilities that lie ahead.
18. YOUR SALE CONCLUDES
The culmination of the property sale is settlement; it marks the transfer of the property to the new buyer.
As the final chapter concludes, this marks a sense of achievement: your property has now SOLD.
19. YOUR FUTURE OPTIONS
If you have chosen to rent, you will continue to look for and eventually purchase a property, apartment, or perhaps even buy land and build; now there’s something to consider.
20. TIME TO UNWIND AND MAKE YOUR NEW HOME YOUR OWN
As you unpack and furnish your new home, embrace the gradual process of creating your haven.
Enjoy the transformation, one room at a time.
Relax in the tranquillity of your surroundings and immerse yourself in the gentle sounds of your new neighbourhood.
Explore the nearby parks and cafes; enjoy the unique charm of your new community.
Remember, settling in is a journey in itself; it’s not a race. Embrace the process of creating a home that reflects your unique style and personality.
Whether you’re downsizing, relocating or just ready to move on, I’ll guide you through every step of selling your Gold Coast home with confidence and ease.
Navigating the intricacies of selling your property can be complex, but it doesn’t have to be.
My 20-step guide provides a simplified general overview; as you would naturally expect, your steps may vary.
Author – Craig Douglas
Are you ready for a conversation about selling your Gold Coast home?
Let’s get you Selling
LET’S GET YOU SOLD
Craig Douglas 0418 189 963
Professional | Knowledgeable | Experienced
You can find me working at a Boutique Real Estate Agency
These are just some of the suburbs that I proudly sell homes in:
Burleigh
Please Note: The information contained in this document is for general information purposes only and does not constitute legal advice. The laws and regulations governing property sales in Queensland are complex and subject to frequent changes. It is important to seek the advice of a qualified property lawyer or conveyancer before making any decisions about the sale of your property. This document does not take into account your individual circumstances and may not apply to your situation. By reading this document, you agree that you have not relied on the information contained herein and that you will seek independent legal advice before taking any action.
This page was proudly created by Craig Douglas, your local independent Gold Coast real estate agent, working for a Boutique Real Estate Agency. Selling residential and commercial properties, from those that are awe-inspiring, through to a diamond-in-the-rough, otherwise known as a “renovator’s delight“.
I negotiate and sell on behalf of property owners who want to get the best possible price, with the least amount of hassle. Let’s talk about the process of selling your property over a coffee to get you started – 0418 189 963
