Unauthorised works can take many forms including:
- using a property or premises without approval to do so (unlawful use)
- carrying out works without the correct approvals
- not complying with a planning approval
- not complying with a building approval.
Planning compliance issues relating to the Planning and Development Act 2005 include:
- unauthorised development/structures (ie buildings, extensions, patio's, sheds, retaining walls etc)
- unauthorised use of land (home businesses, commercial vehicle parking)
- non-compliance with planning approved plans
- non-compliance with conditions of planning approval.
Building compliance issues relating to the Building Act 2011 include:
- non-compliance with an approved building permit
- non-compliance with an approved building plan
- unauthorised building
- unauthorised /dangerous swimming pools and fencing
- dangerous & structurally unsafe buildings.
Land development compliance issues relating to the Planning and Development Act 2005 include:
- sub-division sand drift
- sub-division site noise and start times
- second crossover enquiries.
All requests must be in writing by either completing an online Contact us form, emailing: email@example.com or submitting a letter to address.
When submitting a compliance request, please provide as many details as possible, including the property address, the nature of enquiry or non compliance and your contact details. Your contact details remain confidential will not be disclosed to any other parties.
The City’s compliance teams investigate all planning and building related enquiries. Please note, they can only deal with issues relating to private property.
Planning compliance enquiries are investigated and actioned in accordance with the City's Local Planning Policy 4.14: Planning Compliance.
Building compliance enquiries are investigated and actioned in accordance with the Building Act 2011, Building Regulations 2012, Local Government Act 1995 and the City's local laws.
Enforcement action, if necessary, may include:
- notices and orders, such as direction notices and building orders
- injunctions to restrain or remedy serious breaches (court orders)
- infringement notice/fines
- prosecution proceedings.
If a planning offence is identified, it will be investigated and appropriate action taken. The Planning and Development Act 2005 provides for a maximum penalty of $200,000 and a further penalty of $25,000 for each day which the offence continues. The maximum penalty for a corporation is $1,000,000 and daily penalty of $125,000. A planning infringement notice of $500 may also be issued.
Penalties prescribed for non compliance under the Building Act 2011, start at $50,000 for a first offence, $75,000 for a second offence and $100,000 for a third offence.
It may be possible for a retrospective development application to be submitted for planning approval, as an attempt to rectify the planning issue. Retrospective development applications incur a fee three times greater than the standard fee.
The City may allow retrospective assessment of unauthorised building works if the work complies with all current regulations. A completed BA13 form (Application for Building Approval Certificate) is required with a fee and all the relevant documentation.
What do I need to apply for a retrospective approval?
Retrospective Planning approvals require:
- a completed development application form and checklist
- relevant fees (refer to the Planning and Sustainability Fee Schedule, item number fee multiplied three times)
- a site plan – drawn to scale at not less than 1:200
- a floor plan – drawn to scale of 1:100 or 1:200
- elevations – drawn to scale of 1:100 or 1:200
If your application is for use approval, please provide justification and an explanation for the proposed land use and a description of all business activities carried out, including:
- nature of the business proposed
- number of staff employed
- days and hours of operation.
Retrospective Building approvals require:
- a completed BA13 form - Application for Building Approval Certificate (residential class 1-10 structures)
- a BA9 - Application for Occupancy Permit (commercial class 2-9 structures)
- a completed BA18 form - Certificate of Building Compliance
- relevant fees
retrospective planning approval (if required)
1 x copy of all supporting documents as listed under Section 4 of the BA18 - Certificate of Building Compliance
codes variation approval (if required)
*More information may be required depending on what the structure is.