Unauthorised development works
It is an offence pursuant to the Planning and Development Act 2005 to carry out development contrary to the City’s Local Planning Scheme No. 3. The City considers many factors when investigating unauthorised existing development, including, but not limited to; legal proceedings, the issuing of a direction notice or a planning infringement notice.
The City’s Compliance Enforcement Policy 2015 details how the City evaluates risk and undertakes enforcement action.
Unauthorised building works
Whilst time limits apply under S. 133 of the Building Act in relation to when a prosecution can commence for an offence such as doing building work without a building permit, this does not prevent a permit authority serving a building order at any time to an owner in relation to unauthorised building work.
A building order may specify what needs to be done regarding a building or incidental structure, such as remedial works or removal of unauthorised works. This is a matter the permit authority will consider on a case by case basis.
If you are concerned that a building or incidental structure on a property you own or are thinking about purchasing may not have the necessary approval, please phone our Customer Contact Centre to confirm any building approvals that have been granted.
The below link depicts decisions made by the Magistrates Court in relation to Planning, Building and Local Government Act Prosecutions.