Unauthorised Building Work

Due to changes in the Building Legislation the City’s web pages relating to building related applications is currently under construction. Building Permit Application forms and further information can be found at the Department of Commerce – Building Commission website
The City apologises for any inconvenience.

When can acknowledgement of unauthorised building work be given?

Acknowledgement of unauthorised building work may be given for all structures if they comply with all current regulations. 

What forms and fees are required to be submitted?

A standard Building Approval Certificate Application Form 8 is to be filled out and submitted with the relevant information:

• two copies of all site plans, elevations, specifications etc.;
• a fee based on the current regulations:
  • $170 minimum fee (for works under the estimated value of $20,000);
  • BRB fee of $41.50;
  • BCITF will also be applicable if the estimated value is over $20,000

The application will follow the same process as a standard building application.

• A report from a qualified engineer certifying all structures are structurally adequate and any remedial works certified as complete or a private Building Surveyor to certify that the structure complies with the requirements of the Building Codes of Australia and Residential Design Codes 2002 (R Codes);
• Certification of termite barrier from a licensed operator or suitably qualified person;
• Letter from the owner stating why they carried out the works without a building licence and why Council should not serve notice to have the unauthorised works removed and/or the matter brought before the magistrate’s court;
• All electrical works involved require a certification of compliance from a licensed electrician;
• All plumbing works and associated fixtures are required to be certified by a registered Plumber.
• All structures that do not comply with the R Codes may require a planning discretion before further assessment. This will require a separate retrospective planning approval application to be made;
• In cases where it would appear the structure encroaches within the required setback, adjoining lot or crown land you are required to engage the services of a licensed land surveyor to survey the property.
• A licenced Land Surveyors report is also required for any outbuildings and patios where the proposed setback is less than 500mm and any other structure proposed closer than a 750mm setback.

A Building Approval Certificate will only be given to the owner of the property.

One copy of plans will be retained by the City with the other copy returned to the owner with a covering letter to confirm the unauthorised works have been acknowledged.

It is an offence to construct a building without first obtaining a building licence; the maximum penalty is up to $50,000. Owners or Builders who undertake unathorised building work may still be prosecuted by Local Governments or the Builders Registration Board.    

The City, where it is of the opinion an owner did not intentionally build without first obtaining a building licence, may issue a letter of acknowledgement following an application from the owner.

Lodgement of an application does not guarantee approval.

Further information

Please contact the City on 9400 4961.