ABOUT BUILDING NOTICES FOR ILLEGAL BUILDING WORKS
It is not possible to obtain a building permit after the construction work has already been completed.
If our building surveyor is the Relevant Building Surveyor (RBS) for your building project and there is any illegal building work found, we can provide you with a Building Notice or minor building work order. This will allow you to address the non-compliant issues effectively.
If we are not responsible for the building work on your property and illegal construction takes place, the Municipal Building Surveyor (MBS) from your local council may issue a Building Notice or minor building work order. This will give you the chance to explain why the work was done without a building permit and/or why the building should be allowed to remain on your property.
Under Section 238(1)(b) of The Building Act 1993, a Building surveyor may issue a certificate covering these services.
CERTIFICATE OF COMPLIANCE
A Building Surveyor may rely on a certificate by a registered building practitioner when carrying out a function under the Building Act or regulations, whether they work for a local council or a private company.
If you have received a building notice or minor building work order and plan to fulfil the requirements stated in the notice, you may need to engage the services of a registered building practitioner like a Building Surveyor. Additionally, you may be asked to provide certification under s.238(1)(b) of the Building Act.
The practitioner cannot issue the certificate unless the building work has been inspected. They must also refer to documentation and reports to demonstrate compliance with the Building legislation, including the National Construction Code.
To offer this service for the attention of the Municipal Building Surveyor of a local council (MBS), our office must inspect the works and gather the necessary information to ensure the building work is compliant. This information can include architectural plans to show the scope of work and evidence of suitability, such as structural engineering documentation.
Once we are satisfied with the compliance of a building work, we can issue a certificate or report, which you can then pass to the MBS to determine whether the illegal building work can be retained.
If a building needs rectification work, the Municipal Building Surveyor of your local council or our building surveyor may issue a Building Order or require you to obtain a building permit to carry out the work. Our building surveyor may assist you with obtaining a building permit and provide related services if necessary.
If you need further details on certification services for illegal building work, kindly contact us.