Illegal Building Work Certification


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. 

These can be covered by the Building Surveying Services under S.238(1)(b) The Building Act.

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A Municipal Building Surveyor (MBS) of a local council 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 Building Surveyor and provide a certification 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 relevant building surveyor, which can be the Municipal Building Surveyor of your local council or our building surveyor, may issue a Building Order or decides that you carry out the work by a building permit. Our building surveyor can provide services for a building permit, including issuing a building permit if it is required. 

For more information about the illegal building work certification services, please CONTACT US.