Illegal Building Works

Enforcement process of unsafe and illegal building work

Council has a responsibility to the community to ensure the built environment is safe for use and/or occupation. This includes investigating unsafe or illegal buildings and issuing the appropriate Notice or Order to resolve the issues.

Unsafe Buildings and Structures

There are a number of factors that may make a building unsafe such as time, weather, natural disaster or an incident. Council will inspect the works to determine the issue and work with the owner to repair or demolish the building to make it safe.

Illegal Building Works

Illegal building works occur when a Building Permit is not issued for construction work that should have a permit. Carrying out works without a permit can compromise the safety of occupants and cause problems with insurance, reselling and other legal matters. A building permit cannot be issued retrospectively for the works already carried out, therefore you cannot obtain an Occupancy Permit or Final Certificate to say the works are compliant.

Owners should use this information as a guide only. The process can often vary as deemed necessary by the Municipal Building Surveyor.

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.

STEP 1 - Requesting Building Works to Remain

The building owner advises Council in writing via email to LoddonBuilding@loddon.vic.gov.au of the illegal building work. An inspection by a Council officer will be undertaken. At the inspection the officer will conduct a risk assessment of the building work and determine if the structure(s) qualify to enter into the resolution process. At the inspection our officer will conduct a risk assessment on the building work and determine if the structure(s) qualify to enter into the resolution process.

STEP 2 - Requesting Building Works to be Demolished

If the structure(s) are considered suitable, then we will issue a building notice. The owner has a specified time frame, usually 30 days, to send a written response.

A building notice provides the following options:

                1. Demolish and remove the illegal building work

                 2. Make application to have the illegal building work resolved.

Before responding to the building notice the owner should consider:

                 • Costs associated with appointing the necessary consultants to resolve the illegal work including a building

                   surveyor, draftsperson and structural engineer.

                 • Costs associated with upgrading the structure(s) to an acceptable standard. A building permit is often

                    required to carry out upgrades.

                 • Associated Loddon Shire Council fees

                 • Time frames to complete the resolution process (approximately two to three months).

Remove or resolve

STEP 3 - Remove

When the owner notifies us of their intention to remove the illegal building work, one of our officers will carry out an inspection to verify removal. There is no charge for this inspection and a successful inspection is the end of the process.

STEP 4 - Resolve

When the owner notifies us of their intention to have the illegal building work resolved, the owner must submit an application and payment to enter into resolution of the illegal building work. The application moves into Step 5 of the process.

STEP 5

The owner must engage the services of a qualified and registered building surveyor. The surveyor’s role is to conduct the necessary investigations to confirm that the illegal building work complies with the Building Act and Building Regulations. The surveyor will require a full set of architectural and structural plans for assessment. They will assess the documents and inspect the building work.

The surveyor may require a structural engineer to certify important hidden or buried structural components of the building work.

Additional building work may be required to improve the structure(s), and this work will require a building permit.

When the surveyor is satisfied that the illegal building work meets the Building Act and Building Regulations, they will complete a compliance statement endorsing the work.

STEP 6

The owner will provide us with the following:

  • A full set of the architectural and structural plans, assessed by the building surveyor
  • Any structural reports, certificates, modifications, report and consent(s), planning permits, building permits, and evidence of insurance relied upon by the surveyor
  • The statement of compliance signed by the surveyor.

STEP 7

We will now be in a position to issue a ‘No further action’ letter.

What is a 'No Further Action' Letter?

When a building permit has not been issued, the Loddon Shire ‘No further action letter’ is a non-legislative substitute for an occupancy permit or certificate of final inspection.

Buyers Beware

Owners take full responsibility for any illegal building work on their property regardless of who allowed it, built it, or when the illegal building work was done.

Appealing the Building Notice

  • Appeal the Building Notice (see information on reverse of the Notice of how to do this).
  • You must lodge appeal with the Building Appeals Board (BAB) within 30 days of receipt of Notice and advise Council in writing of same.
  • 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).
  • Building Appeal Board appeal dismissed.  Then Owner must now consider Step 1 or 2.
  • Building Appeal Board appeal upheld.  No further action.

 

No Response to the Building Notice

  • Owner does not respond to the Building Notice.
  • Council will issue a Building Order for demolition of the illegal building work.
  • 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).
  • Court Order complied with and inspected by Council, Building Order cancelled via letter to the Owner.
  • No further action. Illegal building work brought into conformity with the Building Regulations 2018.

 

FRM-Application-Resolution-of-Illegal-Building-Works-Domestic.pdf(PDF, 495KB)

FRM-Application-Resolution-of-Illegal-Building-Works-Commercial.pdf(PDF, 491KB)

 

 

 

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