Unauthorised Work (BIC)

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Unauthorised Work

WHAT TO DO WHEN YOU UNDERTAKE UNAUTHORISED WORK

When undertaking a building project, it’s always wise to get authorisation and approval before you commence. Otherwise, you may be faced with a surprise visit from your local Authorities, face a hefty fine, be required to demolish your development, or worse, face future legal consequences.

But often, there’s a grey area when it comes to your work. Without the right advice, you may not even realise you’re doing anything wrong.

And, in some cases, it may not even be your fault. Existing unauthorised works may already have been undertaken on your property when you purchased it—and you’re left to bear the cost.

If you’ve undertaken development without Council approval, this is a situation that can be solved. It just takes time, some planning, and knowledge on how to manage the process smoothly.

At CIVAC we make sure that you’re able to receive the necessary approvals to help your project go ahead. Our experienced team of Town Planners and Project Managers will look at the building work that you have carried out and determine what’s required to be lodged. Then, we undertake the process to enable you to receive authorisation for your unauthorised works.

Here’s how we do it.

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HOW OUR PROCESS WORKS

1 STARTING THE PROCESS 2 IDENTIFYING UNAUTHORISED WORK 3 MANAGING UNAUTHORISED WORK 4 WHAT IF THINGS DON’T GO TO PLAN?

STARTING THE PROCESS

Why is my development in breach?

While you may start your project with the best of intentions—and you certainly don’t plan to breach any regulations—you may find yourself in the situation where you’re breaching the necessary permissions without even realising it.

It may all come down to your logistics. Your builder was available earlier than planned, or delays in construction meant building later was impossible and you had to start immediately.
You were originally granted approval from your local authorising body, but you’ve moved outside the terms and conditions originally set out. Your building footprint may have grown by 50cm, the walls are higher than what was approved, or you’ve erected building signage that doesn’t meet approval requirements.
You may also face a situation where you purchase a property with a pre-existing structure on it, and when you go to lodge an application for new work on your property, it becomes apparent that the previous owner has done some dodgy work. In this case, while the fault isn’t yours, the onus is now on you to solve the problem.

IDENTIFYING UNAUTHORISED WORK

We determine if you need approval

At CIVAC, our goal is to give you peace of mind that your development is able to be completed.

So if you receive an Intention to Give an Order from your local Council, notifying that you’ve undertaken unauthorised work, it’s not the end of the world. We’re here to help manage the situation, and ensure you ultimately receive approval to continue.

So when you receive this order from the Council, and contact us to discuss any unauthorised work, our first step is to confirm if this is actually the case or not. After all, not all developments do need Council approval. You may be able to continue under an Exempt Development.

We review your construction activity to confirm which approvals Council is saying may have been required, confirm the nature of your breach, and help you manage the best way forward.

MANAGING UNAUTHORISED WORK

Obtaining a Building Information Certificate

While it’s not possible to obtain a short-turnaround Development Approval or Complying Development Certificate for unauthorised building works that have already been completed, your local Council will request that you lodge a Building Information Certificate application.

A Building Information Certificate confirms that Council will not take any action or issue any orders against your unauthorised building works. It’s valid for seven years and gives you the bandwidth to either rectify your issues or apply for the right approvals during this time.

But navigating the requirements of your Building Information Certificate application and dealing with Council can be stressful. The supporting documents that must be lodged with a Building Information Certificate application differ depending on the nature of the works carried out, and from Council to Council.

So we can help take care of this for you, and manage the process to lodge the correct applications on your behalf.

WHAT IF THINGS DON’T GO TO PLAN?

What if I can’t obtain approval?

It’s highly unlikely that you won’t be able to obtain some sort of approval for your development. Only in the circumstance of absolutely wilful and illegal construction will this happen.

At CIVAC, our goal is to ensure that your building works are able to go ahead, and you’re able to say that you’ve lawfully completed your construction.

In some cases, it may be that a portion of your work is able to receive a Building Information Certificate, while other elements aren’t able to go ahead using this approval path. This means they remain only partially complete.

In this case a dual Building Information Certificate and Development Application will be lodged to Council. This ensures that the works that haven’t been finished will be able to proceed with the correct approvals in place.

We can then manage the process for you to obtain Development Approval, and help you bring your construction to life—in a completely, 100% approved manner, and there are no surprises left for future owners of your property further down the track.

FAQ'S

Got questions about managing unauthorised work? We’ve got answers.

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