If illegal building works have been reported, we will investigate the property and buildings. When it is identified that building works have occurred and that they did require a building permit which wasn’t obtained, our Municipal Building Surveyor will issue a Building Notice to the owner of the property.

A building permit cannot be issued retrospectively for the works carried out.

The owner has a number of options available to them:

1. Requesting Building Works to Remain
   
   1. Respond in writing to the Building Notice and request the building work to be allowed to remain.1
   2. Your Private Building Surveyor will be required to to assess your proposal and advise in writing of any further information required and/or provide a report/recommendations.
   3. Report/Recommendations from the Private Building Surveyor will be required to be submitted to the Municipal Building Surveyor for determination. A Building Order may be issued to carry out work.
   4. Work to be completed as per Building Order and final inspection carried out by Council.
   5. Letter to Owner advising Building Order is cancelled and works 'Built Without a Permit, Allowed to Remain' issued.
   6. No further action. Illegal building work brought into conformity with the Building Regulations 2018.
2. Requesting Building Works to be Demolished
   
   1. Respond in writing to the Building Notice with advice the illegal building work will be demolished.
   2. Council will assess your proposal and issue a Building Order to carry out the demolition work.
   3. Demolition completed within the time frame of the Building Order and inspected by Council.
   4. Letter to Owner advising Building Order is cancelled.
   5. No further action. Illegal building no longer in existence.
3. Appealing the Building Notice
   
   1. Appeal the Building Notice (see information on reverse of the Notice of how to do this).
   2. You must lodge appeal with the Building Appeals Board (BAB) within 30 days of receipt of Notice and advise Council in writing of same.2
   3. Appeal heard by the Building Appeals Board and decision handed down. Building Appeals Board advises the Owner and Council in writing of the outcome (either points 4 or 5 below).
   4. Building Appeal Board appeal dismissed.  Then Owner must now consider Option 1 or 2.
   5. Building Appeal Board appeal upheld.  No further action.
4. No Response to the Building Notice
   
   1. Owner does not respond to the Building Notice.
   2. Council will issue a Building Order for demolition of the illegal building work.
   3. If the demolition of the illegal work is not carried out, then the matter is referred to Council’s Solicitor for prosecution.  Prosecution via Magistrate’s Court, Court Order to demolish and costs plus fines (fines up to $300,000).
   4. Court Order complied with and inspected by Council, Building Order cancelled via letter to the Owner.
   5. No further action. Illegal building work brought into conformity with the Building Regulations 2018.

Footnotes

1. Agreement for Council Assessment (for building work carried out without a Building Permit)
2. Building Appeals Board
   Phone: 1300 421 082
   Email: [email protected]

Further assistance

If you would like to discuss your options further with a Private Building Surveying the following surveyors may be able to assist. Council does not endorse any of these suppliers.

• Avanti Building Permits
• BBS Building Consultants Victoria - email at [email protected]
• Damien Wadsworth & Associates - Building Notice Help
• Insight Building Permits and Consultancy Pty Ltd
• NJG Building Surveyors Pty Ltd
• SP Building Surveyors
• Steve Eastwood - email at [email protected]
• Surfcoast Compliance Pty Ltd
• True North Building Consultants - email at [email protected]
• UrbanCBD P/L - email at [email protected] 

If you are a Private Building Surveyor and would like your details listed in this section please email [email protected].