Building Notices & Illegal Works Resolutions
Received a Building Notice from Council? Discovered that previous building work was completed without permits? Need help resolving compliance issues before selling or refinancing a property? Criterion Building Surveyors assists property owners throughout Victoria with building notice resolutions, retrospective approvals and compliance matters relating to unapproved building work.
Discuss Your Building Notice
Received a Building Notice? Don't Panic. We understand that Receiving a Building Notice can be stressful.
Many property owners are unsure what the notice means, what information is required, or what their options are moving forward. In most cases, the goal is not punishment. The objective is to determine whether the work complies with applicable building requirements and identify the steps necessary to achieve compliance.
At Criterion, we help property owners understand their obligations, assess existing works, and navigate the process from initial notice through to resolution.
Our Building Notice Resolution Process
1. Initial Consultation: We review the building notice, associted council correspondence and other available information relating to the property.
2. Site & Documentation Assessment: We conduct a site visit to work out existing conditions and items of compliance concern. Note that we may identify more issues than the council is concerned about.
3. Compliance Investigation: Existing approvals, plans, permits and construction details are examined to determine the scope of the issue. We identify what information, inspections, engineering or reporting may be required to assess or certify the building work.
4. Resolution Strategy: A clear pathway is developed to address outstanding compliance matters.
5. Progress Towards Compliance: We assist in coordinating the documentation and assessments required to resolve the matter wherever possible.
Common Situations We Can Help With
- Unapproved Renovations & Extensions
- Unapproved Internal and External Alterations and Additions Completed Without the Required Building Permit.
- Unapproved Swimming Pools & Spas
- Unapproved Garages, Carports & Ancillary Structures
- Illegal Works Completed By Previous Owners
- Council Building Notices & Building Orders
What Information Should I Have Available?
When seeking advice regarding a Building Notice or illegal building work, the following information is often helpful:
Council documentation including the Building Notice or Order as well as any correspondence with the council building department.
Property records including Certificate of Title and Plan of Subdivision, any existing plans or permits and copies of any relevant occupancy permit, certificate of final inspection and inspection records.
Project information will be discussed with you and may include architectural drawings (current and previous identifying the work in question), engineering documentation, builder Information (if known), dates of construction (if known).
Supporting evidence including photographs, reports, invoices, documentation from previous owners or contracts and building records.
Don't worry if you don't have everything. We can review what information is available and advise on the next steps.
Building Notice Questions & Answers
A Building Notice is generally issued by a Municipal Building Surveyor when there is reason to believe that building work may not comply with the Building Act, Building Regulations, a Building Permit, an Occupancy Permit or a previous Building Order.
A Building Notice does not automatically mean enforcement action will occur. Instead, it serves as an opportunity for the property owner to provide information, documentation or evidence regarding the building work in question.
In many cases, the notice is the beginning of a compliance investigation rather than the end result. Responding appropriately and within the required timeframe is important, as failure to respond can lead to further action, including the issuing of a Building Order.
Not necessarily. Building Notices are often issued becausecouncil requires additional information about works undertaken on a property. Sometimes the issue may be as simple as missing records, incomplete council files, or uncertainty regarding whether permits were obtained at the time the work was completed.
In other situations, building work may have been carried outwithout the required approvals, or there may be concerns about whether the work complies with current building standards.
Many property owners first become aware of a problem when they receive a Building Notice relating to work completed years earlier, sometimes by a previous owner. The purpose of the notice is to investigate the matter and provide an opportunity for information to be supplied before any further compliance action is considered.
In many circumstances, yes.
The first step is determining exactly what work was completed and whether it can be demonstrated to comply with the relevant building regulations. Depending on the situation, additional documentation, inspections, engineering assessments, structural reports, investigations or compliance upgrades may be required.
The process will vary significantly depending on factors such as the age of the structure, the quality of construction, the availability of documentation and whether important building elements remain visible for inspection.
While not every project can be approved in its existing state, many compliance issues can be resolved through a structured assessment process and appropriate rectification works where necessary.
This is one of the most common situations we encounter.
Many Building Notices relate to structures that were built by previous owners years or even decades earlier. Unfortunately, ownership of the property means responsibility for resolving outstanding compliance matters transfers to the current owner, regardless of who originally carried out the work.
This can be particularly frustrating for homeowners who purchased a property believing all approvals were in place. However, there are often pathways available to investigate the existing works, assess compliance and work towards a satisfactory resolution.
If you haverecently purchased the property, any documentation received during the sale process may also assist in understanding the history of the works.
Yes.
Outstanding compliance matters can create complications when selling, refinancing or transferring ownership of a property.
Prospective purchasers, conveyancers, lenders and solicitors may identify unresolved building notices, illegal works or missing approvals during their due diligence processes. These issues can result in delays, requests for additional information, reduced buyer confidence or, in some cases, settlement complications.
Building Notices typically include specific response dates and deadlines that must be taken seriously. Ignoring a Building Notice or missing response deadlines can limit available options and may result in the matter progressing to more formal enforcement action, such as a Building Order.
Even if you do not yet have all the answers or supporting documentation available, it is generally advisable to seek professional advice as soon as possible after receiving the notice. Early investigation often provides more time to gather information, assess the situation and develop anappropriate response strategy.