Getting council approval before building anything on your property is often essential – otherwise, you might be liable to penalties. Fines for building without council approval can range anywhere from $500 to tens of thousands of dollars, so we highly recommend doing your research beforehand to make sure you’re in the clear and allowed to proceed with your building work.
Today we’re going to be looking into everything you need to know before building on your property, whether you’re simply adding an extension or building a whole new home. Keep reading to learn more!
Table of Contents
Why is council approval necessary?
Most building projects, such as new builds, alterations, demolition, and additions, often require building approval from the council before getting started. This is to make sure your proposed building work complies with the relevant building laws and regulations in the National Construction Code (NCC), which is otherwise known as the building code.
Without approval, the council has no way of knowing whether the work you’ve completed has been built safely to comply with the laws surrounding this area of work. As a result, they may require you to jump through several hoops afterwards to make sure your new build is liveable and safe for both you and the community. While it can be annoying and time-consuming to wait for approvals, it’s ultimately to keep you safe.
What happens if you build without council approval?
If you decide to begin building on your property without the necessary approvals and you’re caught, you could be liable to a number of penalties, including:
Monetary fines
You’ll more than likely be slapped with a fine if you’re caught building without approval. The final amount of money you’ll owe will depend on the scope of your project and how many violations there are. In some cases, both homeowners and contractors will be fined, and you might find yourself paying for both of these if you’re the sole person who failed to get the correct approvals. Some councils even fine people on a daily basis until work has stopped or the necessary permits have been obtained, which can quickly add up!
Demolition of your prohibited development
If your proposal is denied, you might be required to demolish everything that’s been built on your property without a permit. This can cost you a lot of money and time, and you may not even be able to redo the work once you’ve obtained the correct approval.
What are the different fines & penalties for non-compliance?
The fines and penalties you might be liable for will depend on your geographical location. Let’s take a look at what you may face depending on this:
Fines & penalties for building without a permit in Queensland
In Queensland, the Building Industry Fairness (BIF) Act includes the maximum penalties for a breach of section S42 of the QBCC Act:
- Up to $32,000 for a first offence
- Up to $38,000 for a second offence
- Up to $44,000 and one-year imprisonment for a third offence
Fines & penalties for building without a permit in New South Wales
In New South Wales, you might be liable for fines up to $3,000 if you’re caught building without the necessary permits.
Fines & penalties for building without a permit in Victoria
Victoria will issue penalty units rather than flat fines, and the cost of these depends on the financial year. For example, in 2023/24, a penalty unit was worth $192.31. Victoria may issue up to 500 penalty units for individuals, while companies might be slapped with up to 2,500 points.
Fines & penalties for building without a permit in Western Australia
The Building Act 2011, which covers the Western Australia area, includes fines of:
- Up to $50,000 for a first offence
- Up to $100,000 and 12 months imprisonment for subsequent offences
You might also be at risk of being prosecuted under other legislation, such as the Planning and Development Act 2005 (Western Australia).
Fines & penalties for building without a permit in South Australia
Fines are significant in South Australia, with an individual undertaking development without approval liable to fines up to $120,000. Extra penalties can then be applied to recover the economic benefit, which will be paid to the State Planning Commission. And if that wasn’t enough, a default penalty of up to $500 a day might need to be paid until the offence is taken care of!
Fines & penalties for building without a permit in the Australian Capital Territory
The Planning and Development Act 2007 outlines penalties for building permit offences in the Australian Capital Territory. The maximum penalty a corporation can get is either 2,500 penalty points or $1,250,000. You will be charged with more significant fines and penalties if your building work turns out to be intentional, reckless, negligent, or a strict liability.
Fines & penalties for building without a permit in Northern Territory
Fines for building without council approval in Northern Territory can be as much as $14,400. If you breach your planning approval, you might even be liable to criminal prosecution, which may leave you with larger fines, community work orders, and more.
Fines & penalties for building without a permit in Tasmania
Tasmania offers a number of fines for building without council approval, depending on whether this is your first offence or not:
- First offence: up to $32,000
- Second offence: up to $38,000
- Third offence: up to $44,000 and one-year imprisonment
Which building projects typically require approvals?
The type of building works that typically require permits vary depending on where you live and the local regulations surrounding the area. The best way to find out whether you need approval or not is to speak to your local council. However, in general terms, the following renovations usually need approvals:
- Structural integrity changes
- Electrical works
- Plumbing work
- HVAC systems
- Window and door replacements
If you’re building a new home, it’s more than likely that you’ll need building approval before getting started. Neglecting to obtain the correct permits might lead to fines and other penalties that cost you much more money in the long run.
How to check if your project requires approval
The best way to check if your project needs approval before work can begin is to get in touch with your local council. This is because most local councils have different rules surrounding building work, so this is the best way to get all the information you need in one place. Getting your information straight from the source can prevent your application from getting denied or stuck due to a lack of relevant information.
What steps do you need to take to get council approval?
There are several steps you need to go through to get your council approval, including:
- Research your local council’s regulations to make sure your development will adhere to the state or territory’s requirements
- Collect the necessary documentation that you’ll need to include in your proposal, such as architectural drawings, site plans and analysis, drainage and landscape plans, and more
- Submit your application to the council, along with the application fee
- Wait for the decision – your neighbours may be notified about the development plans for a public consultation before a decision is finalised
- If the council approves your application, you’ll be issued your certificate to start beginning work – although this might come with some conditions
- If your application is denied, you’ll be given the reasoning and you’ll have the opportunity to request a review or submit an appeal
Our tips for avoiding fines & ensuring compliance
There are several things you can do to avoid fines from your local council, including:
- Research your local council’s regulations to make sure your development plans have the best chance of being approved straight away
- Work with an experienced builder or building certifier to make sure you abide by all the necessary permits needed before getting started on your plans
- Keep up to date with your building inspections to make sure everything is up to code
- Don’t stray from your plans once they’ve been approved by the council, as you may breach your approval and need to resubmit to make sure your new changes are suitable
- If you decide to add extras to your build while construction is ongoing, make sure you check if these need separate approvals – some larger garages or pergolas might need prior planning permission
Talk to an experienced building broker for free about your project
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