RECEIVED A BUILDING NOTICE OR BUILDING ORDER?
OR DISCOVERED BUILDING WORK COMPLETED WITHOUT A BUILDING PERMIT?
Act early and establish the right compliance pathway.
Building Notices, Building Orders and unauthorised building work can become increasingly difficult to resolve if the underlying issues are not properly assessed.
Conti Group Building Consultants assists owners, builders, developers and property professionals with Building Notices, Building Orders and illegal or unauthorised building work across domestic, residential, commercial and industrial properties throughout Victoria.
Our Registered Building Surveyors review the matter, identify the relevant compliance issues and help establish a practical pathway towards resolution.
REGISTERED BUILDING SURVEYORS
Professional Building Permit assessment and building surveying services.
25+ YEARS OF EXPERIENCE
Extensive experience across building approvals and complex projects.
VICTORIA-WIDE SERVICE
Building Permit services across metropolitan Melbourne and regional Victoria.
ALL PROJECT TYPES
Domestic, multi-residential, commercial and industrial projects.
RECEIVING A BUILDING NOTICE DOESN’T MEAN YOU HAVE NO OPTIONS
THE FIRST STEP IS UNDERSTANDING EXACTLY WHAT COUNCIL HAS RAISED.
A Building Notice or Building Order can involve issues ranging from relatively straightforward unauthorised domestic structures through to substantial fire-safety, structural or building-compliance matters within commercial and industrial properties.
The appropriate response depends on the building work undertaken, whether a Building Permit exists, the approved documentation, the existing condition of the work, the applicable requirements, the available evidence and what Council has specifically requested.
WHAT ARE YOU DEALING WITH?
Building Notices
A Building Notice generally identifies concerns about a building or building work and provides an owner with an opportunity to respond before further enforcement action is considered.
We can review the matters raised, investigate the existing conditions and assist with preparing an appropriate technical response.
Building Orders
A Building Order may require particular work, rectification or other action to be undertaken within a specified timeframe.
We can help establish what is required, coordinate the necessary documentation and consultants and assist with progressing the matter towards compliance.
Illegal or Unauthorised Building Work
Building work completed without the required Building Permit can create significant issues when discovered by Council or when a property is sold, altered or further developed.
The appropriate compliance pathway depends on what has been built and whether the existing work can be adequately demonstrated as compliant.
Existing Building Compliance Issues
Not every compliance matter begins with formal Council enforcement.
Unauthorised alterations, undocumented building work, inconsistencies between approved plans and existing conditions or missing approvals may be identified during property transactions, renovations, audits or other investigations.
We can assess the issue and advise on the available pathway forward.
UNAUTHORISED BUILDING WORK CAN OCCUR ACROSS EVERY TYPE OF PROPERTY
THE FIRST STEP IS UNDERSTANDING EXACTLY WHAT COUNCIL HAS RAISED.
01
Domestic
HOMES & DOMESTIC STRUCTURES
Common matters include:
- Front fences constructed without approval
- Timber decks constructed without a Building Permit
- Verandahs, pergolas and alfresco areas built without approval
- Dwelling extensions completed without a Building Permit
- Internal dwelling alterations
- Garages, carports and outbuildings
- Retaining walls
- Structural alterations
- Swimming pools and spas
- Other undocumented domestic building work
02
Residential
APARTMENTS & MULTI-RESIDENTIAL BUILDINGS
Common matters include:
- Apartment alterations completed without approval
- Common-property works undertaken without a Building Permit
- Balcony and terrace alterations
- Structural alterations within apartments
- Fire-safety issues arising from unauthorised work
- Approved drawings not reflecting existing conditions
- Unauthorised changes affecting building classification or occupation
- Alterations to apartment and residential buildings
03
Commercial
RETAIL, OFFICES, HOSPITALITY & COMMERCIAL BUILDINGS
Common matters include:
- Tenancy fit-outs completed without a Building Permit
- Office fit-outs and internal alterations
- Retail and hospitality alterations
- Unauthorised changes to building layouts
- Changes of use undertaken without approval
- Structural alterations
- Fire-safety and egress issues
- Large commercial buildings subdivided or reconfigured without approval
- Existing commercial work not reflected in approved documentation
04
Industrial
WAREHOUSES, FACTORIES & INDUSTRIAL BUILDINGS
Common matters include:
- Mezzanine floors constructed without a Building Permit
- Warehouse alterations and internal reconfiguration
- Factory modifications
- Industrial fit-outs
- Industrial tenancies created without the required approvals
- Altered or compromised fire compartments
- Structural alterations
- Changes of use
- Large industrial buildings divided into multiple tenancies
- Fire-safety and egress issues caused by unauthorised work
THERE IS NO ONE-SIZE-FITS-ALL “RETROSPECTIVE BUILDING PERMIT”
BUILDING WORK THAT HAS ALREADY BEEN COMPLETED NEEDS TO BE ASSESSED DIFFERENTLY.
Property owners often use the term “retrospective Building Permit” when referring to building work that has already been completed without approval.
However, a Building Permit cannot simply be issued retrospectively for building work that has already been constructed.
Depending on the circumstances, the compliance pathway may involve:
- As-built architectural drawings
- Site inspection and investigation
- Structural engineering assessment
- Regulation 126 Certification
- Fire-safety assessment
- Access assessment
- Geotechnical or other specialist reports
- Performance Solutions where appropriate
- Rectification works
- A Building Permit for proposed rectification works
- Partial demolition or alteration
- Additional evidence requested by Council
Every matter is different. The appropriate pathway can only be determined after the existing building work, documentation and Council requirements have been properly reviewed.
WHERE DOES REGULATION 126 CERTIFICATION FIT?
REGULATION 126 MAY FORM PART OF THE COMPLIANCE PATHWAY
Regulation 126 Certification may be used, where appropriate, as evidence regarding completed building work.
It can be relevant to matters involving:
- Building work completed without a Building Permit
- Building Notices
- Building Orders
- Illegal or unauthorised building work
- Existing-building compliance matters
- Council requests for evidence of compliance
Regulation 126 Certification does not automatically resolve every matter and it is not a substitute for a Building Permit.
The existing building work must first be assessed and sufficient evidence must be available to support any certification. Where additional work is required, the compliance pathway may also involve rectification, engineering, specialist reports or a Building Permit for proposed rectification work.
OUR APPROACH: A CLEAR PATHWAY TO RESOLUTION
1 Identify the Issue
We review the Building Notice, Building Order, Council correspondence and available documentation to understand exactly what has been raised and identify any applicable response deadlines.
2 Site Inspection & Compliance Assessment
Where required, we inspect the property, review the existing building work and assess the matters against the applicable building requirements.
3Determine the Most Appropriate Compliance Pathway
Depending on the circumstances, the pathway may involve Regulation 126 Certification, engineering or specialist reports, rectification works, a Building Permit for proposed rectification work, redesign, partial demolition or a combination of these.
4 Coordinate Documentation & Consultants
Where additional information is required, we assist with coordinating architects, draftspersons, structural engineers, fire-safety consultants, geotechnical engineers and other specialists.
5 Prepare the Response & Supporting Evidence
We assist with compiling the relevant documentation, assessments and technical information required to address the matters raised.
6Work Towards Resolution
Where authorised, we liaise with Council and help guide the compliance process towards a documented and workable outcome.
WHY CLIENTS CHOOSE CONTI GROUP
REGISTERED BUILDING SURVEYORS
Experienced Registered Building Surveyors with extensive knowledge of Victoria’s building approval and compliance framework.
SPECIALISTS IN COMPLEX COMPLIANCE MATTERS
We regularly assist with Building Notices, Building Orders, unauthorised building work and complicated existing-building matters.
25+ YEARS OF EXPERIENCE
Experience across domestic, residential, commercial and industrial buildings throughout Victoria.
PRACTICAL & SOLUTION-FOCUSED
Our focus is not simply identifying problems. We work to establish an appropriate pathway towards resolution.
COORDINATED CONSULTANT MANAGEMENT
Where additional architectural, engineering, fire-safety or specialist documentation is required, we help coordinate what is needed.
CLEAR COMMUNICATION
We explain the process, what is required and what needs to happen next.
HAVE YOU RECEIVED A BUILDING NOTICE OR ORDER?
DON’T IGNORE THE RESPONSE OR COMPLIANCE DEADLINE.
Building Notices and Building Orders generally contain nominated timeframes for responding or complying.
If you have received formal Council correspondence, provide us with the complete Building Notice or Building Order, any accompanying Council correspondence and any available Building Permits, approved drawings, engineering documentation, reports or photographs.
Building Notices and Building Orders generally contain nominated timeframes for responding or complying.
If you have received formal Council correspondence, provide us with the complete Building Notice or Building Order, any accompanying Council correspondence and any available Building Permits, approved drawings, engineering documentation, reports or photographs.
Frequently Asked Questions
Read the complete Building Notice and identify the response deadline.
Before responding, it is important to understand exactly what Council has raised and what evidence, investigation or building work may be required. Provide us with the complete Notice, Council correspondence and any available Building Permits, drawings, reports or other relevant documentation so the matter can be properly reviewed.
A Building Notice generally provides an opportunity for an owner to respond to matters identified by the Municipal Building Surveyor.
A Building Order may require specific action, building work, rectification or other requirements to be completed within nominated timeframes. The exact requirements depend on the wording and circumstances of the particular Notice or Order.
Yes, where we are formally engaged and authorised to do so.
We can review the matters raised, undertake the necessary technical assessment, coordinate supporting documentation and prepare correspondence addressing the Building Notice or Building Order. Council remains responsible for its own enforcement decisions.
A Building Permit cannot simply be issued retrospectively for building work that has already been constructed.
Instead, the existing building work needs to be assessed through an appropriate compliance pathway. This may involve Regulation 126 Certification, as-built documentation, engineering or specialist reports, rectification works and a Building Permit for any proposed rectification work.
Regulation 126 Certification may provide evidence regarding completed building work where appropriate.
It can form part of a broader compliance pathway for unauthorised building work, but it does not automatically resolve every matter or replace the need for other approvals, investigations or rectification.
No. Each matter must be assessed individually.
Some building work may be capable of being demonstrated as compliant or made compliant through rectification. Other work may require substantial alteration, additional approvals or removal.
Possibly.
Depending on the building work and Council requirements, the matter may require architectural drawings, structural engineering, fire-safety advice, geotechnical assessment, accessibility advice or other specialist information. Once the matter has been reviewed, we can identify what consultant input is required.
Depending on the circumstances, Council may require building work to be altered, rectified or removed.
Whether removal is ultimately required depends on the nature and condition of the work, the applicable requirements and whether an acceptable compliance pathway can be established.
There is no standard timeframe.
The duration depends on the complexity of the matter, available documentation, required investigations, consultant involvement, Council requirements and whether rectification works are necessary. Straightforward domestic matters may be substantially different from complex commercial or industrial compliance matters.
Yes.
Unauthorised or undocumented building work is sometimes discovered during a property sale, purchase, renovation, due-diligence review or examination of existing building records. We can assess the circumstances and provide advice before formal enforcement action has commenced.
That depends on the particular circumstances and any requirements contained within the Building Notice, Building Order or other Council direction.
Where safety, occupation or use issues have been raised, the relevant requirements need to be considered carefully.
Unauthorised building work can create issues during a property transaction and may need to be disclosed or resolved depending on the circumstances.
Obtaining advice before the property is marketed or sold can help identify what documentation, assessment or compliance work may be required.
RECEIVED A BUILDING NOTICE OR DISCOVERED UNAUTHORISED BUILDING WORK?
The sooner the matter is properly understood, the sooner the available options can be identified.
Upload the Building Notice, Building Order or details of the unauthorised work and speak with one of our Registered Building Surveyors about the appropriate next step.
Upload the Building Notice, Building Order or details of the unauthorised work and speak with one of our Registered Building Surveyors about the appropriate next step.
