illegal building works are those undertaken without the issue of a valid Construction Certificate.
This also includes building work where a Construction Certificate has been issued and certain
conditions under the Development Consent have not been met.
Council is generally successful when it brings cases before the Land and Environment Court or
Local Court against a developer, builders or home owners who carry out illegal building work
contrary to their development consent. Often the Courts will impose hefty fines, or in cases known
as ‘class 4 appeals’ in the Land and Environment, can order the demolition of the illegal building works entirely.
Where illegal building works are identified Council will:
- Issue the builder with penalty infringement notices; and
- Issue a “Stop Work” notice where illegal building works continue to be built.
- Offer builders either the option of demolishing the illegal works or submitting a S96 application for a current Development Application, to modify the consent or a Building Certificate application.
- Illegal building works which constitute major breaches will be prosecuted through either the local Court or the Land and Environment Court.
If illegal building work is observed by Council that is under the control of a Private Certifier, the Private Certifier will be given the opportunity to respond to the illegal building works. Should the response be deemed inadequate, Council may report the Private Certifier to The Building Professionals Board.
