HOW DO YOU SOLVE FOR ILLEGAL BUILDING WORK?
What is illegal building work or unauthorised building work?
Have you recently received a:
- Show Cause letter or
- Notice of Intent to service a development control order under section 9.34(1)(a) and Schedule 5 to the Environmental Planning & Assessment Act 1979 or
- a Stop Use Order & Demolish Works Order pursuant to Division 9.3 of the Environmental Planning & Assessment Act 1979 issued by local council?
Unauthorised/Illegal building works are more common than you think.
It is an offence under the Environmental Planning and Assessment Act 1979 to carry out development, such as building work or a change of building use, without obtaining the appropriate form of approval beforehand. The only exception to this requirement is if the specific work or use is classified as exempt development under an Environmental Planning Instrument, such as State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
Before doing any building work or renovations, owners and building contractors must have the necessary approvals and certification, and ensure that all conditions and requirements have been met. A DA or CDC can't be issued retrospectively for illegal building works - but we at IPBC know the process to obtain the required retrospective approval
Common examples of illegal building work or unauthorised building work?
Here are some of the common illegal works are:
- Patios, gazebos and non-compliant decks
- Sheds, garages, and granny flats
- Change of use
- Renovations, alterations, and additions
- Pools and spas
- Boarding house without permit
What is the solution?
A Building Information Certificate (BIC) is a certificate issued under the NSW Environmental Planning and Assessment Act 1979 (EPA Act) by a local council in relation to a building that operates to prevent the council from issuing an order (or taking court proceedings for an order) requiring the building to be repaired, demolished, altered or rebuilt because of matters existing or occurring before the date the certificate is issued, or in relation to any encroachment of the building onto Council land.
It is a technical and complex process requiring reports to show compliance with the Building Code of Australia, a DA or CDC Compliance Report, Updated Plans and other additional information such as a Statement of Environmental Effects. We at IPBC have the expert team who handle this process for you.