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Independent certification and compliance advice for building works completed without a building permit.
Whether you have received a Building Notice or Building Order, discovered unauthorised building works, or require independent certification of existing building work, our Registered Building Surveyors will identify the most appropriate compliance pathway and guide your matter through to resolution.
Specialists in Building Compliance
Conti Group is a Victorian building surveying practice specialising in complex compliance matters involving building work completed without a building permit.
Our Registered Building Surveyors regularly assist homeowners, builders, developers, commercial property owners and industrial clients with Building Notices, Building Orders, Regulation 126 Certification, rectification works and existing-building compliance throughout Victoria.
What is Regulation 126 Certification?
Building work carried out without a building permit can create significant issues for property owners, including Council enforcement action, delays when selling a property and uncertainty about whether the work complies with Victoria’s building legislation.
Regulation 126 Certification is a process that allows a Relevant Building Surveyor to assess completed building work and, where appropriate, certify that it complies with the relevant building legislation. Certification may form part of the pathway to resolving illegal or unauthorised building works, but it is not suitable for every project.
Every compliance matter is different. Our role is to assess the building work, identify the most appropriate compliance pathway and provide clear, practical advice tailored to the client’s circumstances.
When might Certification be Required?
Building work carried out without a building permit can result in Council issuing a Building Notice or Building Order, delays when selling or refinancing your property, expensive rectification works, or in some circumstances demolition of non-compliant building work. Understanding the available compliance pathways early can significantly reduce both cost and risk.
1.Building Works Completed Without a Building Permit
Certification may form part of the compliance pathway where building work has been completed without the required building permit. The work must first be assessed to determine the appropriate compliance pathway.
2.Building Notices
Where a Building Notice has been issued, certification may assist in demonstrating compliance and identifying the appropriate response.
3. Building Orders
Where a Building Order has been issued, certification may assist in determining the approvals, documentation or rectification works required to achieve compliance.
4.Illegal or Unauthorised Building Works
Unauthorised building work requires assessment to determine whether certification, rectification works or further approvals are necessary.
5.Domestic, Residential, Commercial and Industrial Buildings
Certification may be required for unauthorised building work across all property types, including domestic dwellings, apartment buildings, commercial premises and industrial facilities.
6. Property Purchases and Due Diligence
Compliance assessments can identify unauthorised building work before a property is purchased or sold, helping to reduce future risks, delays and unexpected compliance issues.
How Can Conti Group Help?
Every compliance matter is unique. There is rarely a single solution, and resolving unauthorised building work often requires careful assessment, coordination with specialist consultants and a clear understanding of Victoria’s building legislation.
Our Registered Building Surveyors can assist with:
- Independent building compliance assessments
- Regulation 126 Certification
- Building Notices and Building Orders
- Building works completed without a building permit
- Retrospective building permit and rectification pathways
- Review of existing permits, approvals and documentation
- Site inspections and technical assessments
- Coordination with structural engineers, fire safety engineers, architects, draftspersons, geotechnical engineers and other consultants
- Liaison with Councils and relevant authorities
- Compliance reports and regulatory advice
- Domestic, commercial and industrial projects throughout Victoria
From the initial assessment through to achieving compliance, our focus is on providing practical advice, minimising unnecessary delays and identifying the most appropriate pathway for the client’s property or project.
Our Approach: Clear Pathway to Resolution
1 Identify the Issue
Whether the client has received a Building Notice, Building Order or discovered unauthorised building work, the first step is understanding exactly what the issue is and what Council or the relevant authority requires. Early assessment can often reduce delays and unnecessary costs.
2Site Inspection and Compliance Assessment
We inspect the property, review the building work, available drawings and documentation, and assess compliance with the National Construction Code, the Building Act 1993 and the Building Regulations.
3 Determine the Most Appropriate Compliance Pathway
Every matter is different. Depending on the circumstances, the pathway may involve Regulation 126 Certification, a building permit for rectification works, engineering or specialist reports, redesign, partial demolition or a combination of these.
4 Coordinate Documentation and Consultants
Where additional documentation is required, we coordinate with the client’s consultants, including structural engineers, architects, draftspersons, fire safety engineers, geotechnical engineers and other specialists.
5Achieve a Compliance Outcome
We guide the matter through to completion by coordinating the approval and certification process, overseeing the required compliance pathway and working towards a compliant outcome.
Common Compliance Matters We Assist With
Conti Group assists with illegal and unauthorised building work across domestic, residential, commercial and industrial properties. Our work ranges from relatively straightforward structures through to complex, large-scale buildings requiring detailed compliance assessment, consultant coordination and a formal pathway to resolution.
01
Domestic
- Front Fences Built Without Approval
- Timber Decks Constructed Without a Permit
- Verandahs, Pergolas and Alfresco Areas Built Without Approva
- Dwelling Extensions Completed Without a Building Permi
- Internal Dwelling Alterations Without Approval
- Garages, Carports and Outbuildings Requiring Certificatio
- Retaining Walls Constructed Without Approval
- Structural Alterations Requiring Compliance Assessment
02
Residential
- Apartment Alterations Completed Without Approval
- Common Property Works Undertaken Without a Permit
- Balcony and Terrace Alterations Requiring Certification
- Residential Building Modifications Not Reflected in Approved Plans
- Fire-Safety Issues Arising from Unapproved Works
- Structural Changes Within Apartment Buildings
- Unapproved Changes Affecting Building Classification or Occupancy
03
Commercial
- Tenancy Fit-Outs Completed Without a Building Permit
- Office Fit-Outs and Internal Alterations Without Approval
- Retail and Hospitality Fit-Outs Requiring Certification
- Unauthorised Changes to Building Layout
- Change of Use Undertaken Without Approval
- Structural Alterations Within Existing Commercial Buildings
- Large Commercial Buildings Subdivided or Reconfigured Without Permits
- Fire-Safety and Egress Issues Caused by Unapproved Works
04
Industrial
- Mezzanine Floors Built Within Warehouses Without a Permit
- Warehouse Alterations and Internal Reconfigurations Without Approval
- Factory Modifications Requiring Certification
- Industrial Tenancies Created Without the Necessary Building Permits
- Fire Compartments Altered or Compromised by Unapproved Work
- Structural Modifications to Existing Industrial Buildings
- Change of Use Within Warehouses and Factories
- Large Industrial Complexes Divided into Multiple Tenancies Without Approval
05
Council Enforcement Matters
- Council Building Notices
- Council Building Orders
- Requests to Demonstrate Compliance
- Illegal Building Work Identified by Council
- Required Rectification and Certification Pathways
- Responses to Municipal Building Surveyors
- Regulation 126 Certification
- Building Permit Pathways for Rectification Works
Why Choose Conti Group?
Registered Building Surveyors
Conti Group is led by experienced Registered Building Surveyors with extensive knowledge of Victoria’s building approval and compliance framework. We assess each matter against the applicable legislation and provide clear advice based on the actual circumstances of the property.
Specialists in Complex Compliance Matters
We regularly assist with Building Notices, Building Orders, illegal building works, retrospective approvals and complex existing-building matters. These projects often require more than a simple certificate and must be managed through a properly structured compliance pathway.
Practical and Commercial Advice
Our focus is not simply identifying problems. We work to find the most practical pathway towards compliance while considering legislative requirements, construction implications, project costs and the client’s broader objectives.
Domestic, Residential, Commercial and Industrial Experience
We assist with matters ranging from domestic decks, dwelling extensions and outbuildings through to residential apartment buildings, commercial premises, warehouses, factories, tenancy fit-outs, mezzanine floors and complex fire-safety matters.
Coordinated Consultant Management
Compliance matters often require input from engineers, architects, draftspersons, fire-safety engineers and other specialists. We help coordinate the required documentation so the matter progresses in a structured and efficient way.
Clear Communication
We explain the process in practical terms and keep clients informed throughout the assessment, documentation and approval stages. Clients should understand what is required, why it is required and what the next step will be.
Focused on Resolution
The objective is not simply to provide a report. Our role is to identify the issue, establish the correct pathway and guide the matter towards a compliant and workable outcome.
Frequently Asked Questions
Regulation 126 Certification allows a Relevant Building Surveyor to assess completed building work and, where appropriate, certify that it complies with the relevant building legislation. It is commonly used as part of a broader compliance pathway for building work completed without a permit.
The term “retrospective building permit” is commonly used by property owners to describe approval for building work that has already been completed. However, a building permit cannot legally be issued retrospectively for work that has already been constructed.
Instead, the completed work must be assessed through the appropriate compliance process, which may include Regulation 126 Certification, supporting consultant reports and any required rectification works.
No. Every matter must be assessed individually. Some work may be capable of certification, while other work may require rectification, engineering, redesign, partial demolition or further approvals before compliance can be achieved.
Possibly. Structural, fire-safety, geotechnical or other specialist reports may be required depending on the type of building work, the available documentation and the level of evidence needed to demonstrate compliance.
Yes. Council must generally be involved in order to formally resolve and legalise building work completed without a building permit.
The municipal building surveyor will typically issue a Building Notice requiring the owner to show cause as to why the unauthorised building work should not be altered, removed or otherwise addressed. Regulation 126 Certification and any supporting reports can then form part of the evidence submitted to Council as part of the compliance process.
The timeframe depends on the complexity of the building work, the available documentation and whether further investigations, consultant reports or rectification works are required.
Once we are formally engaged and the deposit has been paid, we will generally arrange a site inspection within five business days. Following the inspection, we provide a formal written response to both Council and the owner addressing the matters raised in the Building Notice or Building Order, together with any additional compliance issues identified during our assessment.
Clients should provide any available architectural plans, engineering drawings / documents, photographs and Council correspondence. Where a Building Notice or Building Order has been issued, a complete copy should be provided for review.
Yes, if the building work can be brought into compliance. Where rectification is required, a building permit for the rectification works may first be needed. Once the work complies, Regulation 126 Certification can be issued.
It depends. Where Council has issued a Building Order restricting the use or occupation of a building, those directions must be complied with. In other matters, the building may remain in use while the compliance process is underway. This will depend on the specific circumstances and any directions issued by the municipal building surveyor.
Not necessarily. Many projects can be resolved through certification, supporting documentation or rectification works. However, where building work cannot be brought into compliance, partial or complete demolition may ultimately be required.
Every project is different. Fees depend on the type of building work, the complexity of the matter, the documentation available and whether additional consultant reports are required. Following an initial review, we can provide a fee proposal for the project.
In many cases, yes. However, unauthorised building work can delay a sale, affect negotiations or create issues during due diligence. Obtaining advice early can help identify the most appropriate compliance pathway before the property is sold.
Need Advice About Regulation 126 Certification or Unauthorised Building Work?
Speak with one of our Registered Building Surveyors about the most appropriate compliance pathway for your property or project.
