Certification for Building Notice and Illegal Building Work

Understanding Building Notices in Victoria A Building Notice is the first formal step in the building enforcement process under the Building Act 1993 (Vic). It is a “show cause” notice issued solely to property owners—not to contractors, builders, or developers. The notice outlines concerns identified by the Relevant Building Surveyor (RBS) and invites the owner or their authorised agent to provide written reasons as to why a Building Order should not be issued. ❗ Important: No Authority to Carry Out Works A Building Notice does not authorise the commencement of any building work. All works must be carried out only after obtaining a valid building permit. Commencing work without the required permit is a serious offence under Section 16 of the Building Act 1993. Duration and Legal Effect A Building Notice remains in force until it is either: Cancelled by the Relevant Building Surveyor, or Set aside by the Building Appeals Board. It may also be superseded by a Building Order, which is binding on current and future owners or occupiers of the property (refer to Section 236 of the Act). Responding to a Building Notice: How to Show Cause There are three main avenues available to respond to a Building Notice: 1. Remove or Demolish the Structure(s) You may choose to remove or demolish the unapproved structures and, where necessary, reinstate the building to its previously approved condition. Before commencing any demolition, it is critical to confirm with the compliance officer whether a demolition permit is required. Contact details will be listed in the Building Notice. 2. Written Representations You may respond in writing to each item listed in the notice, providing explanations and justifications as to why a Building Order should not be issued. 3. Retain the Building Work (Fees Apply) If you wish to retain all or part of the unapproved building work, you may be required to submit: A Building Surveyor’s certification and report: A comprehensive assessment from an independent registered building surveyor, including certification under Section 238(1)(b) of the Building Act 1993. This must identify both compliant and non-compliant elements in accordance with the Building Regulations and the Building Code of Australia (BCA). Note: Submission of documentation does not guarantee approval. All efforts are undertaken at the owner’s risk and cost. Any additional reports, certifications, or professional services are the responsibility of the owner. Consequences of Inaction or Non-Compliance Failure to respond to a Building Notice may lead the RBS to issue a Building Order under Section 111 of the Act, directing specific remedial action. Failure to comply with a Building Order may result in serious legal consequences, including: ✅ Conviction 💰 Substantial Fines: Up to $462,300 for a body corporate Up to $92,460 for an individual (per charge) Applicable to breaches of: Section 16 – Carrying out building work without a permit Section 118 – Contravention of a Building Order 🧾 Court-issued Injunctions to: Enforce the required works, and/or Recover associated legal costs Contact Us If you have received a Building Notice or require expert guidance to respond appropriately, please don’t hesitate to get in touch: 📞 Phone: 0405 956 655 📧 Email: compliance@victorianbuildingsurveyors.com.au We’re here to help you understand your obligations and navigate the enforcement process with clarity, professionalism, and compliance.

Guidance on Building Notices for Unauthorised Works Unauthorised building work can have serious legal and financial consequences. This guide outlines the steps involved in addressing non-compliant work through formal engagement with your local council and certified building professionals. Important Considerations It is important to understand that a building permit cannot be issued retrospectively for works that have already been completed without prior approval. Where unauthorised work has occurred, the Municipal Building Surveyor (MBS) at your local council is responsible for enforcing the Building Act 1993 and may issue a Building Notice or Building Order. We strongly recommend formally notifying the MBS of any unauthorised works and requesting an on-site inspection. Taking proactive steps to disclose and address the issue can significantly reduce the risk of legal action and penalties for non-compliance. Certificate of Compliance – Building Work Under Section 238(1)(b) of the Building Act 1993, a registered building surveyor may issue a Certificate of Compliance confirming that unauthorised building work meets all applicable legislation and standards. This certificate may be submitted to the council’s MBS to assist in the evaluation of the unauthorised works and may lead to resolution of enforcement action. To issue a certificate, the following is required: ✅ A comprehensive on-site inspection 📄 Review of supporting documentation (e.g., building plans, engineering or structural reports) 📏 Confirmation that the work complies with the National Construction Code (NCC) and all relevant Building Regulations If the work is found to be compliant, a certificate will be issued. Where non-compliance is identified, rectification or a formal building permit process may be required. Engagement Process for Compliance Certification If you have received a Building Notice or Building Order and wish to pursue certification of the unauthorised works, our office can assist you through the following process: 1. Initial Review Submit copies of the Building Notice/Order and any available documentation outlining the scope of the work completed. 2. Fee Proposal & Inspection We will provide a formal fee proposal. Upon acceptance, we will schedule an on-site inspection to assess the condition and compliance of the work. 🧾 Inspection Fee (incl. GST): From $1,155.00 3. Inspection Outcome Following the inspection, you will receive a detailed report outlining: Identified compliance issues (if any) Recommended actions to achieve compliance If the works are non-compliant, we may: Decline to issue a certificate Recommend that a building permit be obtained for rectification works 4. Certification (If Applicable) Where compliance is confirmed, we will issue a Certificate of Compliance for submission to council. 📄 Certification Fee (incl. GST): From $1,155.00 5. Permit Services (If Required) Should remedial works be necessary, our office can also assist with: Preparing and lodging a building permit application Coordinating with other professionals (e.g., engineers or draftspersons) as required Need Further Assistance? Our team is here to guide you through the compliance process with professionalism and efficiency. Whether you're responding to a Building Notice or proactively seeking advice on unauthorised work, we are ready to help. 📞 Phone: 0405 956 655 📧 Email: compliance@victorianbuildingsurveyors.com.au Let us help you navigate the enforcement process and bring your building works into compliance with confidence.

If your building permit has expired and you have not obtained an Occupancy Permit or Certificate of Final Inspection, it’s important to act promptly to avoid enforcement action or delays in completing your project. 🔎 Step 1: Contact Your Local Council Your first step should be to contact your local council to determine whether there is any record of approval or inspection history for your building work. ✅ If a record exists: You will need to contact the relevant building surveyor who issued the original permit. That surveyor is responsible for assessing and finalising the works. If that surveyor is no longer available or unwilling to proceed, you may apply to the Victorian Building Authority (VBA) to terminate their appointment and nominate a new building surveyor. ⚠️ If no record is found: The council may issue a Building Notice or Building Order to initiate enforcement action under the Building Act 1993. In this case, prompt action is required to rectify the situation. 🛠️ How We Can Help If you choose to engage our services, we can assist you through the following process: 🔍 Site Inspection: We will conduct an on-site assessment of the completed works. 📁 Documentation Review: Our team will review any available plans, reports, permits, or compliance documentation. 🏗️ Finalisation Strategy: Based on our findings, we will advise you on the necessary steps to obtain the appropriate Occupancy Permit or Certificate of Final Inspection. 📝 Council Liaison: If enforcement notices have been issued, we can work with you to respond and satisfy council requirements. 🔄 Surveyor Transfer: If needed, we can guide you through the VBA process to replace the appointed building surveyor and ensure your project is properly finalised. 📞 Need Assistance? Don’t let an expired permit delay or jeopardise your building project. Contact us today for expert guidance and compliance solutions: Phone: 0405 956 655 Email: compliance@victorianbuildingsurveyors.com.au We're here to help you resolve outstanding permit issues and bring your project to completion with confidence and compliance.

If you are currently undertaking construction and discover that your work is unauthorised and requires a building permit, it is essential to act immediately to avoid legal consequences and to bring your project into compliance with the Building Act 1993 (Vic). 🏗️ Option 1: Appoint a Private Building Surveyor You may appoint a private building surveyor to assess and issue a building permit for the remaining stages of your construction. During this process, the surveyor may: Issue a Building Notice for any unauthorised works already completed (e.g., footings, slab) Require you to demonstrate compliance with relevant structural and regulatory requirements To comply, you may need to provide: 📄 Certificate of Compliance (s.238(1)(b)) A certificate issued by a qualified structural engineer confirming that the existing works meet structural requirements under the National Construction Code (NCC) 📐 Updated Plans and Documentation Drawings and site plans showing compliance with relevant Building Regulations, including siting requirements (e.g., boundary setbacks, site coverage, overlooking provisions) 🏢 Option 2: Contact Your Local Council Alternatively, you may choose to inform your local council about the unauthorised work. The Municipal Building Surveyor (MBS) can: Issue a Building Notice under the enforcement provisions of the Building Act 1993 Request you to engage a private building surveyor to: Inspect the work Prepare a report and/or Issue a Certificate of Compliance (s.238(1)(b)) confirming compliance for submission to the MBS ✅ How We Can Help If you engage our services, we can support you through the entire process, including: 🏠 Site Inspection: Evaluate the stage and condition of your current works 📁 Documentation Review: Assess existing plans, permits (if any), and reports 🛠️ Compliance Pathway: Advise on the most appropriate course of action—either through a private permit process or council liaison 📝 Certification: Provide or facilitate the preparation of a Certificate of Compliance under s.238(1)(b), as required by the surveyor or council Our goal is to help you regularise your works, minimise regulatory risks, and ensure your construction can continue or be finalised legally. 📞 Get in Touch If you’ve realised your building work requires a permit mid-construction, don’t delay. Contact us for practical, compliant solutions: Phone: 0405 956 655 Email: compliance@victorianbuildingsurveyors.com.au We’re here to guide you through the process with clarity, professionalism, and peace of mind.