Quote Originally Posted by Dylan SJ
The only problem is that a Building Surveyor cannot issue a building permit for building work that has already started, let alone been completed. You cannot even dig a stump hole before a building permit is issued. Consequently, you can never get an occupany permit for illegal work, even if it complies with building regulations. This is for Victoria but I cannot see NSW being too different as state laws are gradually becoming aligned.
As I said - it's horses for courses. I've had two permits issued after the works started - it's not impossible nor illegal - the risk is on the building surveyor/inspector and their registration. As I said - if you know them (ie. are good mates with one) anything is possible - except for aligning state based legislation and rail gauges.

As for the buyer beware bit - in Vic there is the section 32 and I guess if the seller doesn't diclose something you could take legal action. The normal action is to inspect the property with the intent of find flaws (like unathorised additions/structural renovations, etc) with the s32 and negotiate the price down - if they don't want to negotiate they'll have to list the new info you've uncovered on the s32 to all other potential buyers. Anyhow as usual I'm way off the topic.