Updated 23 October 2026
Administration of Estates - Potential Problem #27: A House with Secret Passages
A concealed staircase, sealed cellar or passage behind a wall can change how an executor manages and sells an inherited house. The first questions are whether the space is safe, whether it belongs within the property’s boundaries and what approvals or heritage controls apply. Its existence does not, by itself, invalidate the will or establish a separate entitlement for a beneficiary.
This article focuses on the building and its legal use. Any belongings found inside need their own ownership and estate assessment. A newly discovered room should not be treated as an extra bedroom or advertised as valuable living space before the relevant checks are completed.
1. Secure the area before exploring or altering it
Keep family members, contractors and prospective buyers away from an unsafe opening. Do not cut through walls, remove stairs or enter an unstable or poorly ventilated space simply to discover where it leads. Arrange an appropriately qualified building professional, and a structural engineer where necessary, to assess access and the building’s condition.
Older alterations may involve concealed electrical services, damaged supports or hazardous materials. Asbestos NSW advises checking older buildings before disturbing suspect material. A passage can be original while later wall linings contain asbestos, so the age of the house alone does not identify every material.
Photograph the discovery from a safe position and record when it was found. Keep the inspection reports, access arrangements and any urgent protective work with the estate records. The aim is to preserve the property while establishing what further investigation is appropriate.
2. Distinguish the building from its contents
A passage or cellar forming part of land owned by the deceased is generally dealt with as part of that property. Its discovery does not normally create a new parcel of land. Check the title and the will rather than assuming that a relative who finds it acquires an interest.
Loose antiques, books or documents inside are a separate question. They may pass under a specific gift, a gift of personal belongings or the residuary clause. They might also belong to someone else. Concealment does not itself prove an intention to exclude them from the estate, and not listing each item does not automatically invalidate the will.
3. Compare the actual space with the property records
Ask for available council plans, development consents, construction and occupation certificates, and records of earlier alterations. Compare those records with the actual building. An estate agent’s floor plan is a marketing document and should not be treated as proof of approved construction.
A missing plan does not automatically establish that an old space was unlawfully built. Records may be incomplete, and the approval requirements at the relevant time matter. However, using a former cellar as accommodation or creating a new opening may raise separate planning and building requirements. Seek advice before changing the space.
A section 10.7 planning certificate provides information about zoning, planning controls and land constraints. It does not certify that every room was lawfully constructed or is suitable for occupation. Plans, certificates and physical inspections answer different questions.
If unapproved work is suspected, discuss a building information certificate with the property solicitor and council. It may provide limited protection from specified council action concerning the building. It should not be described as a blanket approval or immunity from every enforcement step.
North Sydney Council explains that a building information certificate does not retrospectively approve unauthorised work. It is also not an occupation certificate or a substitute for one. Obtaining it does not guarantee that the space is safe for a proposed use. Council may need further reports or works, and the appropriate pathway depends on the property’s circumstances.
5. Check heritage controls before opening walls or excavating
A concealed feature may be part of a building’s historic fabric. Check State Heritage Register status, any interim heritage order, local heritage listings and conservation-area controls before removing material. Heritage restrictions can concern interiors as well as the street frontage.
For relevant State-listed items, Heritage NSW provides approval and exemption pathways. An exemption has conditions; it is not permission to undertake any work described as maintenance. The current standard exemptions address unexpected significant fabric and relics discovered during work. Stop and reassess where required rather than continuing beyond the exemption.
A hidden passage is not automatically an archaeological relic. If investigation uncovers a relic, however, notification under section 146 of the Heritage Act may be required, and further approval may be needed before work continues. Obtain specialist advice where the nature of a discovery is uncertain.
6. Investigate boundaries and access rights
If a passage appears to extend under adjoining land, obtain survey and title advice before assuming the estate owns or can use it. A physical connection does not itself establish an easement or permission to enter a neighbour’s property.
Ask a registered surveyor to clarify the relevant boundaries where necessary, and have the solicitor review title instruments and access arrangements. In a converted or strata building, also check whether the area is part of the lot or common property. Family agreement cannot override another owner’s rights.
7. Review insurance and value on the evidence available
The NSW Government’s executor guidance emphasises protecting estate assets and arranging insurance. Check the policy’s requirements for vacancy, changed circumstances and building work. Ask the insurer or broker how the discovery and proposed investigation affect cover, and retain written responses.
Give the valuer the inspection findings and available approval records. Extra physical space does not necessarily increase sale value: its condition, lawful use, accessibility and heritage constraints matter. Keep beneficiaries informed about those findings before they form expectations about a larger inheritance.
8. Prepare accurate descriptions before an estate sale
Tell the conveyancing solicitor and selling agent about the discovery before the property is marketed or the contract is finalised. Have the solicitor assess the required contract documents, applicable warranties and disclosure position. Do not assume that describing a sale as an estate sale removes these issues.
NSW Fair Trading’s misrepresentation guidance explains agents’ obligations concerning misleading statements and prescribed material facts. Whether a particular discovery requires disclosure needs assessment; there is no universal rule that every concealed room is a prescribed material fact.
Check floor plans, photographs and descriptions together. Avoid calling a storage void a bedroom, self-contained unit or approved living area without support. If approval status remains uncertain, obtain advice on accurate wording and the information buyers should receive before committing to the purchase.
9. An illustrative example of a concealed cellar
Imagine an executor finds a narrow stairway behind shelving in an inherited terrace. It leads to a cellar that does not appear on the agent’s draft floor plan. One beneficiary wants it advertised as another bedroom, while another wants the entrance permanently closed.
The executor first restricts access, obtains an inspection and asks the solicitor to investigate the available approvals and heritage position. The decision about future use or closure follows that advice. Any belongings are inventoried separately. This is an illustrative scenario, not a reported court case; neither beneficiary’s preference settles the legal position.
10. Keep a clear record of the estate decision
Record the discovery, professional advice, options considered and reasons for the chosen approach. A court application is not automatically required because a concealed space exists. Where ownership, authority or the will’s meaning is genuinely disputed, obtain advice about resolving that issue before irreversible work or distribution.
If valuable belongings are discovered, update the estate inventory and ask whether the probate documents also need updating. Owners can reduce uncertainty by keeping approved plans, alteration records and information about unusual building features with their estate documents.
CM Lawyers can assist with estate administration and the sale of inherited property. Contact Christine Manolakos and the team to coordinate the estate and conveyancing issues before alterations, marketing or distribution.
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