I Have Unauthorised Development on My Property

If you have unauthorised development on your property, or on a property you are looking to purchase, you will need this information.

Unauthorised developments on private property includes:

  • Construction of buildings
  • Earthworks
  • Alterations to existing buildings or structure
  • Extensions
  • Tree removal
  • Land clearing

If you are looking to purchase and suspect works are unauthorised

A Building Information Certificate can be obtained to make sure that a particular building (or part of a building) is not going to be the subject of regulatory action by the Council. Purchasers seeking to apply for a certificate prior to exchange of Contracts require the consent of the property owner.

For purchasers seeking to apply after exchange of Contracts, it is preferable to make the Contract conditional upon the issue of a satisfactory certificate.

If you have commenced or completed works without approval

You should cease all work immediately.

If you have undertaken building work without obtaining the required development consent and/or construction certificate or other relevant approval you will need to apply for a Building Information Certificate.

Applying for a Building Information Certificate for unauthorised work does not guarantee approval and Council may issue a Notice/Order for the demolition of the unauthorised building or portion.

If approved, the certificate is confirmation that Council will not issue an order, or take proceedings for an order or injunction, for the repair, demolition, alteration, addition or rebuilding of the building.

The certificate also provides a confirmation that Council will not initiate proceedings with regard to any encroachment by the building onto land either owned or controlled by Council.

The certificate is issued for a specified period, being a period of seven (7) years and only covers such matters which exist or occur at the time of issue of the certificate.

A building information certificate does not prevent Council from issuing other types of notices and orders. For example, Council may still issue notices and orders in relation to fire safety, swimming pool safety and other public health and safety matters.

In order to determine an application for a building information certificate, Council will inspect the building and review relevant Council records and documents forming part of the application.

Council may require additional details to make a full and proper evaluation of the application. These may include works-as-executed architectural plans, building specifications, a registered survey, fire safety details, structural engineers certification of the building, report or certification from an accredited building certifier, other details of compliance with the National Construction Code and any details relating to building works at the premises.


Last updated on 17 June 2020