What if I carry out works without a permit?
A number of issues arise from carrying out works without a building permit. Doing this can compromise the safety of occupants and cause problems with insurance and other legal matters. If the matter cannot be resolved through informal negotiation with the parties involved than the following enforcement options are available:
1. Building Notice
A Building Notice is the first step in the enforcement process. Where Council finds work carried out without a permit or any issue that affects the health and safety of the public, a building notice will be issued asking the property owner to ‘show cause’ why certain actions should not be carried out.
2. Building Order
Where an owner does not respond to a building notice or does not respond adequately, the building surveyor may issue a building order. A building order is a direction to carry out work to ensure works comply with the building regulations.
3. Building Order to Stop Works
Where a building surveyor has reason to believe a building is not compliant with the Building Regulations, and this cannot be rectified through the issue of a Building Order or Notice, a Building Order to Stop Work may be issued. Failing to comply with a stop work order may result in prosecution.
A Municipal Building Surveyor is also able to issue Emergency Orders, where a danger to life or property exists because of the conditions or proposed use of a building, the land on which building work is being or is proposed to be carried out.