Building Surveying Services Under s.238(1)(b) the Building Act 1993
Building Notice for Illegal building works
A building permit cannot be issued retrospectively for the works already carried out.
If our building surveyor is the Relevant Building Surveyor (RBS) for your building work, and illegal building work occurs, we can issue a Building Notice allowing you to address the non-compliant issues.
If we are not the RBS for your building work, and illegal building work occurs, the Municipal Building Surveyor (MBS) of your local council can issue a Building Notice giving you the opportunity to show cause why the works were carried out without first obtaining a building permit and/or why the building should remain on your property.
Certificate of compliance
A Municipal Building Surveyor (MBS) or a private building surveyor, in carrying out a function under the Building Act or the regulations, may rely on a certificate by a registered building practitioner.
If you received a building notice and decide to address the requirements on the notice, you may be asked to engage the services of a registered building practitioner such as a registered Building Surveyor and provide a certificate of compliance under s.238(1)(b) of the Building Act.
The practitioner must not give the certificate unless the building work is inspected. They must refer to documentation and reports to demonstrate compliance with the Building legislation, including the National Construction Code.
If our office is to provide this service for the attention of the MBS, we must inspect the works and gather information to support the retention of the work. The information we will require can include but is not limited to architectural plans and evidence of suitability, e.g. structural engineering documentation.
Once we are satisfied with the compliance of the building work, we can issue the certificate or report for the attention of the MBS so a determination can be made as to whether the illegal building work can be retained.
If a building requires rectification work, the RBS, which can be the Municipal Building Surveyor of your local government or us, may issue a Building Order or decides that you carry out the work by a building permit. Our building surveyor can provide services for building permit, including issuing a building permit.
For more information about the illegal building work certification services, please CONTACT US.
Frequently asked questions
What should I do if I had a building permit, the permit is expired, and there is no occupancy permit or certificate of final inspections?
You can contact your local council to find if there is a record of approval for your building work. If there is no record, the council may issue a building notice, and we can assist you in the process so you can address the relevant requirements by the council.
If there is a record, you will need to contact the first building surveyor issued the permit so he can assist you in the process and finalise your work. Alternatively, you may contact the Victorian Building Authority (VBA) to terminate the appointment of the first building surveyor and transfer the appointment to another building surveyor.
If you select us for this service, we can inspect your work, review the relevant documentation and assist you in the process to finalise your work.
What is the process if I have no building permit and I am in the process of construction and realised that my work is illegal and requires a building permit?
You may appoint a private building surveyor for building permit about the remainder of your work.
The appointed building surveyor, may in the process of building permit, issue a Building Notice for the matters relevant to the building permit, e.g. footing and slab and ask you to demonstrate compliance with the requirements of the Building Act.
To comply with the requirements, you may be asked to provide evidence of suitability such as a certificate under s.238(1)(b) by a structural engineering practitioner to confirm compliance with structural requirements of the Code. Also, they may require plans to demonstrate compliance with the Building Act. e.g., siting requirements of the regulations.
Alternatively, you can contact your local council and inform the council about the issue. Your council’s Municipal Building Surveyor (MBS) can issue a Building Notice and ask you to demonstrate compliance with the requirements of the Building Act.
To comply with the requirements of the council, you may be asked to engage a private building surveyor to prepare a report and/or a Certificate of Compliance under s.238(1)(b) of the Building Act for the attention of the MBS.
If you select us for this service, we can inspect your work, review the relevant documentation and assist you in the process to formalise your work.
What is the process if I received a Building Notice from my local council and I like to engage you to process the certificate of compliance-building work?
Pursuant s.238 (1)(b) of the Building Act 1993, our building surveyors can issue a certificate of compliance-building work, for the attention of a Municipal Building Surveyor and certify if a work complies with the relevant provisions of the Act, Building Regulations 2018 or National Construction Code.
To enable us to process your work, we need a copy of a building notice, and we will arrange for an inspection of your work so our building surveyor can review the scope of the work before we accept the process of the certification. Our fee for the inspection starts from $660+GST.
Once your work inspected, our building surveyor will send you a report highlighting the relevant requirements for the compliance certificate. Alternatively, the building surveyor may confirm the work is not satisfactory, and we will not accept to process the certification.
After you addressed the requirements identified in our report, we can be engaged for the certification services, and our fee for this process starts from $770+GST.
What is a building notice and when it can be served?
You may click HERE to access to the Victorian Building Authority practice note about general guidance on building notices and building orders.