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, he can issue a Building Notice giving you the opportunity 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
If you decide to keep the building, and address the requirements on a building notice, you may need to engage the services of a registered building practitioner to prepare a report/certificate of compliance under s.238(1)(b) of the Building Act to the Relevant Building Surveyor which can be the MBS. The relevant documentation must 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 compliance of the building work, we can issue the certificate or report for the attention of the MBS so a determination can be made to whether the illegal building work can be retained.
If a building requires rectification work, the RBS which can be us or the Municipal Building Surveyor of your local government may issue a Building Order or agrees that you carry out the work by a building permit and we may also assist you in that process.
For more information about the illegal building work certification services please CONTACT US.
Frequently asked questions
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