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What issues in practice can relate to legality of buildings?

1. the number of ‘storeys’ on the building in the construction permit may be different to that which has been built. A seller or developer may try to pass off a ‘basement’ or ‘rooftop’ as a legal addition which may not be legal subject to the plans and the permit

2. the as-built drawings may materially deviate from the submission drawings provided to the authorities to obtain the permit

3. the construction permit may have been ‘endorsed’ to be ‘on behalf’ of a third party when in fact the endorsement does not by operation of law ‘transfer’ a permit

4. the building may be built on too steep a gradient in contravention of the gradient rules

5. the building may be built above a height limit of the building from ground level to the top of the building

6. the building may be built above a height limit from ground level measured whereby above a certain height above ground level, no buildings may be built.

Other matters should be checked in relation to building legality with thorough due diligence. The scope of due diligence will depend on the scope of an engagement and associated legal fees.

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