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Unauthorised building works

Unauthorised building works often come to our attention during the property exchange process, or when we receive a complaint by a neighbour or other interested party.

Once we become aware of unauthorised building works there are a range of regulatory actions we consider taking including penalty notices, orders and legal proceedings.

Penalty notices

Penalty notices, or on the spot fines, issued for unauthorised residential building are:

  • $750 (for an individual)
  • $1500 (for a corporation)

For industrial or commercial building work:

  • $1500 (for an individual)
  • $3000 (for a corporation)

Order to demolish, alter, repair or remove the unauthorised structure

Under the Environmental Planning and Assessment Act, 1979 we can issue an Order requiring the building owner to demolish, alter, repair or remove the unauthorised structure.

Legal proceedings

We can commence legal procedures for either a Court Order to demolish the structure or we can seek the imposition of a penalty of up to $1.1million.

Original order not complied with
We may also issue a further penalty notice of $1500 (for an individual) or $3000 (for a corporation) when our original Order, issued under the Environmental Planning and Assessment Act, has not been complied with.

Circumstances where an unauthorised building may remain

In certain circumstances we may give favourable consideration to a building certificate application which may allow an unauthorised structure to remain.

The applicant has to clearly demonstrate that the structure is sound and complies with the Building Code of Australia and Council's Land Use Planning and Development Controls.

Application for a building certificate

If an application for a building certificate is made the applicant needs to provide, as a minimum, the following:

  • Payment of an application fee and additional fees (equivalent to application fees that would have been payable if a Development application, Construction Certificate or Complying Development Certificate had been lodged prior to construction).
  • Submission of a site plan, elevations, floor plan and a sectional diagram of the structure.
  • Submission of structural engineer’s certification for the unauthorised structure.
  • Submission of a Survey Identification Report prepared by a registered Surveyor.
  • (Where applicable) Lodge a Development Application or Section 96 (modification) of a development consent for the use of the building.

Where we are unable to issue a building certificate, we take action to have the structure demolished.

For further information, please contact Customer Service on 02 4645 4000.

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