Help! My Council Found Illegal Building Works. What’s Next?
“Receiving a letter from the council about unauthorised building works can be incredibly stressful. If you’ve just discovered that a previous owner made illegal renovations, or you’re facing a ‘Notice to Comply,’ don’t panic. This guide explains what to do when your council finds illegal building works in NSW and how JJ Drafting services can help you legalise your property.”
What Does “Illegal Building Works” Actually Mean?
In NSW, any significant building work – from a new deck, a shed, an internal wall removal, or an entire extension – generally requires approval from your local council or a private certifier. This approval comes in the form of a Development Application (DA) or a Complying Development Certificate (CDC), followed by a Construction Certificate (CC) if it was a DA.
“Illegal building works,” or “unauthorised works,” simply means that these approvals were never obtained, or the work wasn’t built according to the approved plans. This often happens because:
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- A previous owner made changes without proper knowledge or permission.
- Work was done many years ago when regulations were less stringent.
- Minor works escalated into something requiring approval.
I Received a Council Letter – What Now?
The most common way people discover illegal building works is through a letter or “Notice to Comply” from their local council. This usually happens after a neighbour complains, or during a routine council inspection.
Don’t ignore it. Ignoring a council notice can lead to serious consequences, including fines, demolition orders, and legal action. However, it’s crucial to understand that receiving a notice is often the first step towards resolution, not the end of the world.
Typically, the council will give you a timeframe to “regularise” the works. This means you need to submit plans and get retrospective approval.
Your Step-by-Step Guide to Legalising Unauthorised Works
Here’s a breakdown of the process to get your property compliant:
Step 1: Don’t Panic, Get Professional Advice.
Your first call should be to an experienced building designer or architectural drafting service. They specialise in understanding planning regulations and can assess your situation accurately. Avoid making any further changes or demolishing anything until you’ve received professional guidance.
Step 2: Understand the Scope of the Unauthorised Works.
A professional will help you determine exactly what parts of your property are non-compliant. They’ll review your council’s notice and existing plans (if any).
Step 3: Prepare “As-Built” Drawings.
This is where expert drafting comes in. “As-built drawings” are detailed plans that accurately reflect the current state of the unauthorised structure, as it was actually built.
- Why they’re crucial: The council needs to see exactly what has been constructed so they can assess its compliance with current planning and building codes. Without accurate plans, they can’t even begin to consider retrospective approval.
Step 4: The Path to Retrospective Approval.
With your “as-built” drawings prepared, you’ll typically pursue one of two avenues for retrospective approval:
- A. Retrospective Development Application (DA): This is the most common path. You submit a DA to the council for the works that have already been completed. The council will assess the application based on current planning controls (LEP & DCP), just like any new DA. This may require additional reports (e.g., structural engineering, stormwater).
- B. Building Information Certificate (BIC) / Building Certificate (BC): In some cases, for older works or if selling a property with unauthorised structures, a Building Information Certificate may be an option. This is a certificate issued by council stating that they will not take any action to have the building demolished or altered. However, it doesn’t approve the works retrospectively, nor does it guarantee compliance with the Building Code of Australia. A DA is generally the more thorough and preferred route for full legalisation.
Step 5: Address Any Non-Compliances.
During the assessment, it might be identified that the unauthorised works don’t fully meet current building codes or planning controls. Your professional drafting service can help you design minor modifications or solutions to bring the structure up to standard, or provide detailed justifications where minor variations are unavoidable.
What are the Consequences if I Don’t Legalise your Works?
Ignoring unauthorised works can lead to:
- Fines & Penalties: Councils can issue significant fines.
- Demolition Orders: You could be forced to demolish the structure at your own cost.
- Difficulty Selling: Most buyers’ solicitors will flag unauthorised works during due diligence, making your property difficult to sell.
- Insurance Issues: Your building insurance may not cover damages to or from unauthorised structures.
- Safety Risks: Unauthorised work might not meet safety standards, posing a risk to occupants.
How JJ Drafting Can Help You Legalise Your Property
At JJ Drafting, we understand that finding yourself with unauthorised building works can feel overwhelming. We specialise in helping homeowners in NSW navigate this exact situation.
Our services include:
- Site Visit & Assessment: We’ll come to your property to understand the scope of the unauthorised works and provide initial advice.
- Accurate “As-Built” Drawings: We meticulously measure and draw your existing unauthorised structures, creating the detailed plans required for council submission.
- Liaison with Council: We can help you understand council requirements and ensure your application is comprehensive.
- Preparation for DA or BIC: We compile all the necessary architectural plans required for a retrospective Development Application or Building Information Certificate.
- Collaboration: We can work with other consultants (like structural engineers and surveyors) as needed to ensure your application is robust.
Don’t let illegal building works cause you ongoing stress. With the right professional guidance, you can bring your property into compliance and gain peace of mind.
THE 'SHOW CAUSE' RECOVERY STRATEGY:
Facing a council notice about unauthorised works? Contact JJ Drafting on 0414 71 75 41 or 1300 977 804 or email us at enquiries@jjdrafting.com.au today for an initial consultation. Let us help you find the best path to legalise your property.