Unauthorised Building Work and Retrospective Approval

If building work was completed without the required approval, stop further work and contact the Shire.

A retrospective application may be available, but approval is not automatic and does not erase the original offence.

Do not Submit a Standard New-Work Permit

The correct pathway depends on the building classification, use, condition and whether work is continuing.

The Shire may require a building approval certificate, occupancy permit, new building permit for unfinished work, Development (Planning) approval or another enforcement outcome.

Residential and Class 10 Buildings

For unauthorised work to a Class 1 or Class 10 building, the application will commonly use BA13 for a building approval certificate, supported by a Certificate of Building Compliance prepared by a private registered building surveyor.

Class 2 to 9 Buildings

For unauthorised work to a building that requires an occupancy permit, the application will commonly use BA9, supported by a Certificate of Building Compliance. Other Class 2 to 9 circumstances may use BA13.

What May be Required

  • accurate measured drawings and site information
  • planning approval where required
  • engineering investigation, testing or opening up concealed work
  • upgrades or remedial work to meet applicable standards
  • bushfire, health, wastewater, fire safety or accessibility information
  • current certificates and fees based on the unauthorised work

Possible Outcomes

The Shire may grant the approval, impose lawful conditions, request more information, refuse the application or use enforcement powers.

Retrospective approval does not prevent action for carrying out unauthorised work.

Consider obtaining independent planning, building surveying, engineering and legal advice before committing to a purchase or regularisation project.

Related links

Current Building Act forms - BA9, BA13 and BA18

Search registered building service providers - find a building surveyor