Fox fined $5,000 for Illegal Renovations

MULTIMILLIONAIRE trucking boss Lindsay Fox has avoided a conviction for illegal work during a $650,000 improvement to his daughter's Toorak house.

Mr Fox was fined $5000 — half the maximum penalty — and given two months to pay it and a costs order of $1935.

For the full story reported by The Age

As conveyancers we are always concerned, whether acting for vendors or purchasers about illegal structures. That is building works done without a building permit, no final inspection, warranty insurance, owner builder inspection reports.

Lindsay Fox plead guilty and has paid the fine. He wasn't ordered to demolish the illegal structures. If he was you would be sure we would not have seen an end to the litigation.

But for conveyancers all too often we see it as the wheels falling off the cart. If acting for a vendor we are cognisant of the vendor disclosure requirements and the possible consequences of non-disclosure and whether a contract is avoidable at any time up to settlement.

Acting for buyers there are the what ifs. What if there is an illegal structure? Sometimes we tell the client its better not opening a pandoras box by drawing the council's building section attention to what may be an illegal structure.

Yep. For conveyancers and clients, Illegal structures can be the classic Catch 22

PS. Agents acting for Vendors - This is a classic example of why you should use the Lawyer's Contract and not the REIV Contract Note. The Lawyer will usually include a Special Condition dealing with building matters thus any possible non-compliance with the Building Code shall not be grounds for rescinding the contract.

Feel free to post your experiences or dealings with illegal structures.