Carrying out building work without approval from the City is considered unauthorised. Learn what counts as unauthorised work, how to make it compliant and what penalties or actions may apply.
About unauthorised works
Unauthorised works are any structures or building activities started or completed without the required approval from the City. Examples include:
- Building without a planning approval (when required) and/or a Building Permit.
- Using a property or premises without planning or building approval.
- Not complying with a planning or building approval.
These works are a breach of the Planning and Development Act 2005 and the Building Act 2011 and can lead to penalties or enforcement action.
Penalties and investigations
Under the Building Act 2011, a person must not commence building work unless a Building Permit is in effect. Penalties for offences start at $50,000 for a first offence, $75,000 for a second offence and $100,000 for a third offence.
The City investigates all planning and building-related enquiries involving private property. Investigations are guided by Local Planning Policy 4.14: Compliance and relevant legislation, including the Planning and Development Act 2005, Building Act 2011, Local Government Act 1995 and the City’s Local Laws. Enforcement action may include:
- Direction notices or building orders.
- Court injunctions to restrain or remedy breaches.
- Infringement notices or fines.
- Prosecution proceedings.
Retrospective approvals
If you have unauthorised work on your property, you can seek retrospective approval for the works. This usually involves three steps:
Determine whether your structure requires retrospective development approval and/or building approval.
- Development approval may be required for works that affect land use or design.
- Building approval (permit) is required for most structures to ensure they meet safety and building standards.
Important note: Retrospective development applications attract a fee three times the standard rate and should be approved before applying for building approval.
Refer to the Residential development and renovations pages to check the approval requirements of the structure in question.
Prior to seeking any retrospective approvals, the City recommends that any structures requiring retrospective building approval be assessed by a qualified Building Surveyor. This assessment will assist the property owner to make an informed decision, as remedial works may be required for the structure to achieve certification. Any additional costs associated with bringing a structure up to code may influence an applicant’s decision on whether to proceed with retrospective approvals.
If your unauthorised works require development approval, you will need to obtain Development (Planning) Approval before lodging your Building Permit.
See Development (Planning) Approval for full details on how to apply.
To bring unauthorised building work into compliance, you will generally need to:
- Engage a registered building surveyor to inspect the structure and issue a Certificate of Building Compliance (BA18)*.
- Submit an application to the City for either:
- Building Approval Certificate (BA13) for residential Class 1–10 structures
- Occupancy Permit (BA9) for commercial Class 2–9 buildings
- Provide one copy of all supporting documents referenced in the BA18
- Pay the relevant fees
*A Certificate of Building Compliance confirms that the structure meets applicable building standards. This certificate must be submitted before the City can issue a Building Approval Certificate, which is the formal permit for the works.
To determine your application fees, refer to the City’s Building Fee Schedule.
