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Last Updated: Tuesday, 14 May 2024 10:10

As local authority, Council has responsibility for investigating matters under the Building Act 1975 or the Planning Act 2016. When the community or Council suspects unauthorised building, plumbing and drainage work, or violations to acceptable land use, Council compliance officers are available to investigate. 

Some examples of unauthorised work include:

  • unauthorised building work
  • unauthorised plumbing work
  • unfenced and unsafe swimming pool areas
  • land use violations such as operating a business from a residential premise without council authorisation.

 

Searches

Council has various searches that can be of use, if you are unsure about whether a property has the relevant approvals:

 

Reporting a breach

To report breaches you can contact Council.

 If it is determined after an initial investigation that an offence has occurred, Council may decide to issue the land owner and the occupier with the following notices.

 

Show cause notices

During an investigation, Council will examine the facts and circumstances to determine whether any enforcement action is necessary.

An investigation might relate to:

  • works which have been carried out without a building development approval;
  • building works or a structure in a dangerous or dilapidated state;
  • a building that is unfit for occupation; and/or
  • building works which have never received a final inspection certificate or certificate of classification.

As part of the investigation, Council will give you a show cause notice if we reasonably believe there may be a contravention of the legislation for which you may be responsible.

The opportunity to hear your perspective is an important part of the investigation. While you may not have originally undertaken the works, responsibility passes to the new owner upon completion of a property transfer.

 

What is a Decision Notice or Approval/Permit?

If you have been issued a Decision Notice/Approval by Council, you must comply with all the conditions of the approval and/or with the provisions of the planning scheme.

The property owner is responsible for making sure that all uses and structures on the site have the appropriate approvals, regardless of whether or not they were operated or constructed prior to change in ownership. 

Please contact Council’s Technical Advice Team on 131 872 to obtain further assistance.