Home / Our Community / Buying or Selling a Property

Buying or Selling a Property

Before committing to buying or selling a property, it’s essential to understand the process and what’s involved. Being informed helps you make confident, well-considered decisions every step of the way.

Check your approvals before you buy, sell or renovate

When buying, selling or undertaking improvements to a property, it is important to ensure that all required approvals are in place. Unapproved building, plumbing or development work can result in significant legal, financial and practical issues for property owners, both now and in the future.

Southern Midlands Council encourages property owners, prospective buyers and sellers to confirm that any alterations, additions or improvements to a property have received the appropriate planning, building and plumbing approvals before proceeding with a purchase, sale or major renovation.

Approval requirements vary depending on the type and scale of work. While some minor projects, such as certain small sheds or internal alterations, may not require approval, other works are subject to approval requirements under Tasmanian legislation. For example, converting a garage, shed or storage area into a habitable living space generally requires the relevant approvals.

Taking the time to check approval requirements before commencing work or entering into a property transaction can help avoid unexpected costs, delays and compliance issues and provide greater certainty for property owners and purchasers.

Due diligence and how to protect yourself

If you’re buying:

Request a Section 337 Certificate. This “land information certificate,” issued under the Local Government Act, shows Council records of approvals, orders, or notices.
Consider an additional Request for Information. This provides access to more detailed records, confirming what’s approved and what may not be. Note: If you are not the registered property owner, you will need the seller’s consent to request this information.
Arrange a building inspection. Independent building inspectors can identify work that may not have received proper approvals.
Get professional advice. Engage a qualified conveyancer or solicitor to help you understand what the certificates and reports mean for your property purchase.

If you’re selling:

Check your development and building approvals before listing. Addressing any approval gaps early may help avoid complications during the sale process.

The rules that apply

Under state legislation, Council is responsible for administering planning and building laws in our municipality. This includes helping the community understand their obligations, staying informed about development activity and taking reasonable enforcement action when needed

The building rules 

Building requirements are set out in the Building Act 2016. These rules cover how and when permits or approvals are required for building, demolition, and plumbing work and set standards for the use and occupation of buildings.

Under the Building Act 2016, Council is the Permit Authority and is required by law to:

Ensure compliance with the Act
Take reasonable steps to enforce the rules
Make the community aware of building, demolition, plumbing, and occupancy requirements
Keep informed of building works taking place in the Huon Valley

The planning rules

Southern Midlands Council operates under the Tasmanian Planning Scheme. The Scheme sets planning requirements based on zoning (e.g., General Residential, Rural, Commercial) and applicable codes (e.g., Landslip, Bushfire-Prone Areas, Natural Assets) and specifies exemptions.

The Land Use Planning and Approvals Act 1993 requires Council to take reasonable steps to ensure land use and development complies with the planning scheme.

Unapproved works and understanding possible risks

Sometimes property owners undertake building work without the required approvals. This may seem like a way to save money or add value, but unapproved work can create significant problems that far outweigh any initial savings.

The consequences can be serious:

Enforcement action by Council in the form of Notices and Orders
Fines and penalties issued to landowners or persons undertaking the work
More complex and costly approval processes later
In some cases, rectification or demolition orders
Insurance claims may be refused
Property sales may be delayed or terminated when issues are uncovered

What appears to add value – such as an extra “bedroom” or new addition, may not be legally recognised as habitable space.

The bottom line: Work done without proper approvals today could become a costly problem tomorrow.

Property owner checklist

If you’re planning to build or renovate:

Check if your work needs planning approval
Check if your work needs building or plumbing approval
Engage licensed tradespeople where required
Seek advice from Council, a building surveyor, or other licensed professionals