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Building permits: know the process

20 May, 2019

The Building Act 1993 (the act) and Building Regulations 2018 (the regulations) legislate that most building work is subject to the issuing of a building permit.

This includes new construction, most alterations, all swimming pools and spas, demolitions and removals.

A building permit ensures that:

• The builder is registered and insured;

• Documentation is adequate and independently reviewed;

• Key stages of the works are independently inspected; and,

• Once complete, the works are suitable for use.

Undertaking building work without obtaining the necessary building permit is a serious offence and can result in severe penalties, including a court appearance before a magistrate and prescribed penalty of up to $10,000.

A common misconception is works with a value of less than $5000 are exempt. This is not correct.

If you are unsure if your project requires a building permit, please contact a member of the building services team on (02) 6022 9300.

The process

The regulations state that a building permit cannot be issued for works constructed without a building permit.

To legitimise illegal works an application and plans are required to be submitted to the council.

The council will then inspect and if further works are required, you will be instructed to undertake these.

If the works substantially meet the regulations, a letter will be issued stating that the council will take no further action.

If the works cannot be made compliant, an order will be issued for their removal.

For more information, please contact a member of the building services team on (02) 6022 9300.