Unauthorised building work

A building information certificate may relate to building work that has been done without obtaining the required development consent and/or construction certificate or other relevant approval. Written details and certification (from a professional engineer and/or an accredited certifier - building surveyor) of any unauthorised or non-complying building work must be provided in order to determine the application.

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. Should a Notice/Order be served, or the Building Information Certificate refused, rights exist for the recipient/applicant to appeal the Order/decision to the Land and Environment Court.

The issue of a building information certificate for any unauthorised works also does not affect Councils ability to issue a penalty notice (fine) or commence legal proceedings for carrying out the work without obtaining the required development consent and/or construction certificate, which is a breach of the Environmental Planning and Assessment Act 1979.