Unauthorised Works

Unauthorised Development Works

In general, a person must not carry out works without the relevant approvals and permits where one is required.

The Shire’s ‘Local Planning Scheme No.3 applies to residential, commercial and industrial zoned land. It prescribes development controls for all land uses and suitable locations/zones in order to protect the amenity of those areas.  Land uses conducted where not permitted, or without approval from the Shire, can cause considerable problems for the community.  

Approval that is required after an unauthorised structure has been completed is referred to as retrospective approval. This retrospective approval process may help those who are buying or selling a property that has an unauthorised structure.

Unauthorised Building Works

The Building Act 2011 allows a person to make an application to the relevant permit authority to approve unauthorised building work, in relation to a building and/or incidental structure:

​- Residential properties - Class 1 and Class 10 buildings and incidental structures:

A person may apply under s. 51(3) of the Building Act for a ‘building approval certificate’ for a building or an incidental structure in respect of which unauthorised work has been done. Applicants should use complete an Application for Building Approval (BA13). This type of application would also apply to a Class 2 to Class 9 building that does not require an occupancy permit.

- Commercial properties - Class 2 to Class 9 buildings:

A person may apply under s. 51(2) of the Building Act for an ‘occupancy permit’ for a building in respect of which unauthorised work has been done. Applicants should use an Application for Occupancy Permit (BA9).