NSW Allowing Marrickville Council access to property

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29 July 2014
Hi all, I hope you are assist me in regards to authorising council access.

I just bought a property in Marrickville council.
Council rang up 2 weeks ago to tell me there is an outstanding complaint dating back to years ago (before my ownership) in relation to some illegal building works at the time.

Now I bought the property as is. My conveyancer confirmed there was no notices with council during her due diligence process.
Council has no building certificate on the original office due to its age. They have nothing except the sewage plan that same with the contract.

I have not been issued with any notices or order from council. So far it's all emails and verbal.

In this case, does any of you know if I have to grant access? and if I don't can they proceed to issue a notice/order to access?

Thank you very much.

Sarah J

Well-Known Member
16 July 2014
Melbourne, Victoria
Hi Busybee,

Rules relating to local councils in NSW is governed by the Local Government Act 1993 (NSW) ("LGA").

Under LGA s 191, a council employee or any person authorised by the council may enter any property (including private property) for the purposes of fulfiling a council duty. Under LGA s 193, before entry, the council must give the owner reasonable notice of entry in writing specifying the date and time of expected entry.

As for the alleged illegal building works, do you know how long ago they were constructed? There may be a limitation period for requesting building permits or it may be that the council destroys records/files after a certain time frame and they will no longer have the evidence to prove illegal construction.
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