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Certification Services [REG-126]
Certification Services (Reg 126)
- Resolution of Council issued Building Notices and Orders “Illegal building works” (building works carried out without a building permit)
- Peer review
Building works carried out without a building permit
Conti Group are considered experts by its peers when it comes to dealing with ‘illegal building works’ or ‘building works carried out without a building permit’. We have assisted hundreds of clients over the years in dealing with Council issued Building Notices and/or Building Orders.
Illegal building works are building works which have been carried out without first having obtained a Building Permit. In such circumstances where Council has been made aware of the non-compliance, the Council will issue a Building Notice or Building Order to show cause why the works should not be demolished. At which point you will need to engage a Building Surveyor to determine if your illegally built structure is compliant or what works are required to be carried out in order to make the structure compliant.
Illegal building works refer to construction activities that are carried out without the necessary permits, approvals, or compliance with local building codes and regulations. These unauthorized or non-compliant construction projects can pose various risks and issues, including safety concerns, property devaluation, and environmental impacts. Some common examples of illegal building works include:
1. Construction without permits
Building a structure or making significant alterations to an existing building without obtaining the required permits from the relevant authorities.
2. Non-compliance with building codes
Failing to adhere to building codes and regulations, such as inadequate structural integrity, improper electrical or plumbing installations, or substandard fire safety measures.
3. Zoning violations
Building structures in areas where the land use or zoning laws do not permit certain types of construction, like residential buildings in industrial zones.
4. Unsafe structures
Creating buildings that are unsafe for occupants or the public due to poor construction quality, lack of proper foundations, or substandard materials.
5. Unauthorized extensions
Expanding an existing structure without the necessary permissions, often resulting in overbuilding or encroachment on property boundaries.
6. Changes to historical structures
Modifying or demolishing historic buildings without the required approvals, potentially erasing cultural or historical heritage.
Consequences for engaging in illegal building works can include fines, building notice, building order to demolish, mandatory rectification of the construction, and even legal action. It’s important for individuals and property owners to be aware of and comply with local building regulations and codes to ensure their construction projects are legal and safe. It is illegal to carry out building work without a required permit, and it is considered an offence under Section 16 of the Act. Additionally, communities and local authorities often have mechanisms in place to report and address illegal building works to maintain the safety and integrity of their municipalities.
What is the Process?
1 You have received a Notice or Order from Council
Conti Group are considered experts by its peers when it comes to dealing with building works which have occurred without a building permit. Conti Group can provide a fee proposal to carry out an inspection of the ‘as built’ structure and/or building and provide a report/letter detailing our findings.
2 Once an Inspection has been carried out and report/letter finalized
The structure and/or building will meet one of these criteria:
- The building complies outright in which we will issue certification approval to Council.
- The building will require rectification works as outlined in the report. A Building Permit will be required for any rectification works and any further building works.
- The structure and/or building is non-compliant and significant changes and/or demolition will need to take place.
Important Note: We do not issue building permits retrospectively after illegal building works have been carried out. However we can issue a building permit for rectification building works to bring your structure and/or building up to regulatory compliance.
3 Information you maybe required to provide
- Consult with the relevant Councils planning department to obtain a planning permit (as applicable)
- Consult a registered draftsperson to obtain ‘as built’ drawings including any required ‘rectification works’ outlined in our report/letter.
- Consult a registered structural/civil engineer to provide comments and/or obtain ‘as built’ drawings including any required ‘rectification works’ outlined in our report/letter. Note. Regulation 126 (design and/or inspection) and/or computations maybe required as required.
- Engage other consultants such as geotechnical (soil) engineer, energy raters, bushfire assessors, etc to provide details of further works in order to achieve regulatory compliance.
4 Timeframes
Conti Group can carry out a general inspection of the structure and/or building within 5 business days of engagement and initial fees being paid and provide a report generally within 10 business days of the general inspection taking place.
