Unauthorised building works often come to Council’s attention during the property exchange process, or when Council receives a complaint by a neighbour or other interested party. Once Council becomes aware of Council would take actions to it including penalty notices, orders and legal proceedings.
In certain circumstances Council 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.
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.