Unauthorised works

It is crucial that you obtain approval to carry out work on your property before starting.

This page provides information about what to do if you have started or completed the work without first receiving approval or if you are looking to buy a property and want to check if the works have been approved.

What to do if you have commenced or completed works without our approval

1. Cease all work

2. Apply for a Building Information Certificate

3. Site inspection

We will inspect the building and review relevant council records and documents that are part of the application.

 

4. We may ask for more information

We may need more details so we can make a full and proper evaluation of the application.

These may include:

  • works-as-executed architectural plans
  • building specifications
  • a registered survey
  • fire safety details
  • structural engineer's certification of the building
  • report or certification from an accredited building certifier
  • other details of compliance with the National Construction Code
  • details relating to building works at the premises (for example interconnected smoke alarms or compliant overflow relief gullies)

 

5. We decide the outcome of the application

If approved, the certificate is confirmation that we won't issue an order, or take proceedings for an order or injunction, for the repair, demolition, alteration, addition or rebuilding of the building.

It also confirms that we will not initiate proceedings against any encroachment by the building onto land either owned or controlled by us.

The certificate is issued for a period of seven years and only covers such matters which exist or occur at the time of issue of the certificate.

A BIC does not guarantee approval and you may still be issued with a Notice or Order for the demolition of the authorised building or portion.

It also doesn't prevent us from issuing other types of notices and orders. For example, we may still issue notices and orders in relation to fire safety, swimming pool safety and other public health and safety matters.

 

How to check if works were authorised

If you are looking at buying a property, it's important to know if it has any unauthorised developments.

This may include:

  • construction of buildings
  • earthworks
  • alterations to existing buildings or structure
  • extensions
  • tree removal
  • land clearing
  • shed converted to dwellings without prior approval

How to find out if works are authorised

If you are concerned there may be unauthorised works, you can apply for a Building Information Certificate (BIC) through the NSW Planning Portal to make sure that a particular building (or part of a building) has been correctly approved.

Purchasers applying for a certificate before exchange of contracts require the consent of the property owner.

For purchasers wanting to apply after you exchange contracts, we advise you to make the  contract conditional upon the issue of a satisfactory certificate.