How people find out
Usually through a Council illegal works notice, or when selling, through a buyer's pre-purchase inspection. That can scare a buyer off or be used to bargain the price down. Illegal works are often minor structures such as decks, outbuildings, sheds and freestanding walls.
What a normal building permit involves
A building permit is the legal process that makes sure work is designed to the relevant codes, built by registered practitioners to the design, and inspected and approved by a registered building surveyor. Most building work needs one, and Council can tell you if yours does. Before construction, the owner appoints a building surveyor, who asks for the documents the work needs.
- A planning permit, or Council's confirmation that one is not needed
- Architectural or building design drawings
- Engineering design drawings for the structure
- An energy report, for new homes and most additions
- A property information report from Council
- A soil site classification or footing probe, for footing work
- Site levels and survey information
- An estimate of the cost of the work
- Other items the surveyor asks for, such as forms, a bushfire assessment, permissions and fees
The surveyor issues the permit once the levy is paid, inspects at key stages during construction, and gives final approval at the end. The documents are lodged with Council for future owners.
How a retrospective permit differs
It starts with Council's notice, which usually sets out what Council needs. A small deck needs less than a large extension. You engage consultants to prepare the documents, much as for a normal permit, and each one has to inspect and measure the completed work. Councils and surveyors generally ask for more involvement from a structural engineer.
- A structural inspection and report on what complies and what does not
- Engineering design drawings
- A soil site classification and footing probe for the footings
- A site feature survey and levels
- Other items as needed, such as a bushfire assessment
The engineering inspection
The inspection is our first step. We check member sizes, materials, spans, loads, fixings and connections, bracing and anything else we observe. The regulations require practitioners to see the work they approve, so framing has to be visible, not hidden behind plaster or roofing. Some linings may need to come off, at the engineer's discretion. For footings we probe and soil test to find the footing material, depth, width and foundation soil.
Fixing what does not comply
We then give the owner or builder a list of rectification items. Some are simple, such as extra screws or additional members. Some are major, such as undersized footings, footings on unsuitable soil, or undersized beams carrying large loads. That work can cost more than doing it properly in the first place. The inspection can also reveal missing permissions, such as a planning permit, building over services or overshadowing neighbours, which may not be obtainable. After rectification, the surveyor and the engineer inspect again until the work is approved. Fines from the illegal works notice may be added. Council can tell you more.
Is demolition simpler?
Not always. Demolition also needs a permit, costs money and needs Council approval. Both options take time and money, so weigh them up before you choose.
Give yourself the best chance
Information is everything. Photos taken during construction at key stages help, especially with measurements in the shot, and so do supplier receipts confirming materials. Good records can also reduce how much has to be opened up for inspection.
A general guide only
This is a general guide. For your situation, speak to Council, a building surveyor or the Building and Plumbing Commission, or call one of our engineers.