Illegal Building Works – how to get on the right side of the law

Have you been contacted by council regarding unauthorised works?

Unauthorised/Illegal building works are more common than you think, and Corona Projects is here to help get you out of a sticky situation and onto the right side of the law!

What are Illegal Building Works?

In NSW, the majority of building and development work requires some sort of consent, a DA approval or a Complying Development Certificate (CDC).

If the proposed works are classified to have ‘low impact’ and meet certain standards, they do not require approval if they are considered to be exempt under the SEPP State Environmental Planning Policy (Exempt and Complying Development Codes) 2008

These low impact projects can include decks, garden sheds, carports and fences BUT many home owners do not realise, when their seemingly minor works do indeed require approval.

This can cause problems ranging from unsuccessful property sales, to a demolition order from council. Under the Environment Planning and Assessment Act 1979, Council has the right to a multitude of actions, ranging from fines to a demolition order.

How are the authorities alerted?

Councils usually become aware of non-compliant structures and works through community complaints (nosy neighbour) or Private Certifying Authorities (PCA) in charge of the development supervision.

According to a report produced by the University of Sydney Policy Lab, several Councils report: “complaints about illegal dwellings ranged from 10 per month (120 per year) to 80 (960 in a year). The majority of these complaints are found to be valid, but due to the volume of complaints and difficulty litigating, Council may choose to first have a verbal discussion with the affected owners before taking formal action.

Common examples of unauthorised building works:

Here are some of the common illegal works that people contact Corona Projects with:

• 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
• Backpackers hostel without permit

Here is a real-life example:

John has a large block of land he bought two years ago. The garage on the land is free standing, and currently used for storage. Conveniently, it has an internal partition, and John thinks that it could be turned into a guest house with some basic renovations. He decides to enlist the help of his friends every weekend as a ‘restoration project’. Eventually, they put a small kitchen and bathroom into the garage, intending to have some friends from another country stay with John while visiting. Just before his guests arrive, John receives a Notice of Intention to Issue an Order from Council.

Issues

While the structure was already on the property when built, the works John carried out changed the use of the building without the appropriate consent.

In this particular case, the consent needed to have been in the form of a Development Approval (DA) to ensure compliance with Building Code standards in terms of the minimum internal wall height, floor drains, BASIX (energy efficiency), water-proofing and more.

What can be done? 

Before the council issues any demolition order of the unauthorised building work, you have the chance to obtain approval retrospectively in the form of a DA and/or, building certificate and/or an Occupation Certificate (OC).

A building certificate shows compliance of the works with the Building Code of Australia (BCA) and other relevant standards.

If issued, it ensures that Council will not pursue any action for 7 years. It also assists with property sales, as many potential buyers will request one before settlement.

How can Corona Projects help?

We understand how difficult and confusing navigating planning protocols can be. With more than 25 years of experience working with councils all around Sydney, we can engage with council officers on your behalf to clarify their demands.

Corona Projects takes care of everything:

We assess the unauthorised building works and prepare the necessary documentation for submission to council, giving you an improved chance of retaining your work. This can include:

• Drafting services include the structure into site plans and drawings in a format required by council for DA /BIC lodgement
• Arranging necessary surveys, engineering certification documents, and other consultant reports
• Occupation Certificates
• Building Information Certificates

Every property is different and the information provided will vary depending on your property, so we consult with one of our Town Planners to ensure that no mistakes are made.

To discuss further how Corona Projects can help you, please do not hesitate to contact Alex and the team for your FREE consultation.