Unauthorised Building Works

What is unauthorised building work?

Unauthorised building work is building work that required a building permit but has been commenced or completed without a valid building permit in place. It is an offence to do building work without a valid building permit. Penalties apply for breaches of the building legislation.

The Shire is committed to maintaining a safe and healthy community, if you are approached in relation to a building compliance matter it will be beneficial to you long term to work with the Shire. 

Voluntary compliance is always the preferred option, however, the Shire will prosecute those who are resistant to cooperate.

If you receive a Building Order please do everything you can to comply, if you don't comply by the specified time, then in most cases, a prosecution pathway is commenced.

Did you know: Contrary to popular belief, if you purchase a property that has unauthorised buildings/structures, under current building law the new owner will inherit all legal responsibility for the building/s. Therefore, it is vitally important to conduct proper due diligence when purchasing an established property.

Recognition of unauthorised works

Local governments are unable to issue building permits for works that are unauthorised’ Unauthorised works are recognised through a separate approval process via Building Approval Certificate applications.

Application information

A Building Approval Certificate application can be submitted at the Shire for its consideration; these applications are to be made using the Building Approval Certificate application form (BA13). The applications are required to be accompanied by a Certificate of Building Compliance (BA18) issued by an independent building surveying contractor.

A list of building surveyors can be found on the Building Commissions website:  

Please note: Building Approval Certificates can only be issued to the owner(s) of the property.

Other approvals

In some instances, retrospective planning approval will also be required. Under these circumstances, the Building Approval Certificate application can be placed on hold whilst the planning issues are addressed. It is important to note that if the planning application is unsuccessful, the building application will be refused.

What documents do I need for my Building Approval Certificate application?

• Completed BA13 application form with all owners signatures.
• Applicable fees (please see fee schedule)
• Certificate of Building Compliance (BA18) issued by an independent building surveyor will normally include a site inspection.
• All documentation listed on the Certificate of Building Compliance BA18.

Please note that this list is not exhaustive and further information may be requested.

For further information, please contact Building Services on 9526 1111 or by email at info@sjshire.wa.gov.au