ILLEGAL NON COMPLYING ITEMS MAY MEAN GOING TO COURT and/or VOID INSURANCE and /or STOP A SALE !
Basically, your problem is the Building Notice and the solution is the Compliance Certificate…
Building Notice
Illegal building works are building works which have been carried out without first having obtained a Building Permit(Planning permits & consents etc may also be required).
In such circumstances where Council has been made aware of the non-compliance, the Council will issue a Building Notice or Building Order to show cause why the works should not be demolished. Once received,you will need to engage a Building Surveyor to determine if your illegally built structure is compliant or what works are required to be carried out in order to make the structure compliant.
Sometimes it is not possible to comply or not financially viable to rectify the items so the offending items/works need to be removed/demolished !
Use our trusted service to resolve any “Building Notice” Issue !
Costs can range from about $1,900 to start, to $9,900 plus your cost of reports and investigations etc.. so not cheap !
Get a Free Initial Quote ! CALL 0468377999 or email your notice to edmund@expresspermits.com.au and we will call you back ASAP !
IF you have received a Building Notice from your Council and you need assistance in responding to the items set out in your building services notice? If so we can help !
EXPRESSPERMITS will compile your file for the/ our designated RBS to assess and we have all the required Building Consultants ( Soil test, LCA, BMO, council property reports, Building Surveyor, Architect, Structural Engineer, Draftsman, Builder, Energy rater, Vegetation etc ) to independently check the issue and formulate a cost effective solution for the remediation.
Call Us on 0415533622 or email us a copy of Building Notice/Building Order to info@BuildingNotice.com.au
Building Notices – start of a legal process so don’t ignore it !
A Building Notice is the first step in the enforcement process and is a form of notification that identifies non-compliance or safety issues in a property or building.
The Municipal Building Surveyor (MBS) will issue the Building Notice in writing to the owner requesting the owner to ‘show cause’. It will be specific with photos.
NOTE: The Building Act has no provision to issue a building notice or order against the builder, developer or other contractor. The Act directs action against the owner of the property.
A building notice provides the reasons it has been issued and requires the owner of the property to justify why (‘show cause’) the identified reasons do not breach the Building Regulations 2018.
By choosing to ‘show cause’, the owner is requesting Council to permit the structure to: remain in the current state
be modified, by attaining all relevant permits, to reach compliance.
You should keep a written record of all communications and any extensions…
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SO What is the process if I receive a Building Notice or minor building work order from my local council and I like to engage you(our RBS) to process the certificate of compliance-building work?
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GETTING A CERTIFICATE OF COMPLIANCE to satisfy the Building Notice ..
A Municipal Building Surveyor (MBS) of a local council or a private building surveyor, in carrying out a function under the Building Act or the regulations, may rely on a certificate by a registered building practitioner.
If you received a building notice or a building order and decide to address the requirements on the notice, you may be asked to engage the services of a registered building practitioner, such as a Building Surveyor and provide a certification under s.238(1)(b) of the Building Act.
The practitioner must not give the certificate unless the building work is inspected. They must refer to documentation and reports to demonstrate compliance with the Building legislation, including the National Construction Code.
If our office is to provide a booking/ file to your/our selected RBS for this service, for the attention of the MBS, we/he must inspect the works and gather information to support the retention of the work. The information we/he will require can include but is not limited to architectural plans and evidence of suitability, e.g., structural engineering documentation.
Once the RBS is satisfied with the compliance of the building work, he/she can issue the certificate or report for the attention of the MBS so a determination can be made as to whether the illegal building work can be retained(or if not demolished)…
If a building requires rectification work, the relevant building surveyor, which can be the Municipal Building Surveyor of your local council or our building surveyor RBS, may issue a Building Order or decides that you carry out the work with a building permit. Our designated building surveyor can provide services for a building permit, including issuing a building permit if it is required.
For more information about illegal building work certification services, please CONTACT US.
GOT A BUILDING NOTICE ? – CALL EDMUND or TEXT 0468-377-999 and we will call you back.
What am I as the owner, required to do ?
In most cases it is in the owner’s best interest to engage a suitable professional with an RBS – registered building surveyor on board to act on his/her behalf in order to achieve a more favourable result and keep council informed in writing at all times !
If the matters raised in the notice are of a technical nature, generally an informed technical argument from a competent professional in the relevant field is required.
This will mean site visits and reports by experts and possible excavation & tests etc.
What if I ignore it ?
The intention of a Building Notice process is to raise discussion of the issues between the owner of the property and the Municipal Building Surveyor. In the event the Municipal Building Surveyor does not receive any response, a Building Order will be issued with all the directions for action detailed in the Building Notice.
Building Orders
A Building Order is a direction issued by the Building Surveyor following the Building Notice, to carry out work to ensure a project complies with the Building Regulations within its area.
A Building Order Minor Works is a direction issued where the works required to rectify the non-compliance are considered both minor and achievable in a short time frame.
A Building Order Stop Work NOTICE is a direction issued if the building surveyor has reason to believe a building is not compliant with the Building Regulations, and this cannot be rectified through the issue of a Building Notice or Building Order process.
An Emergency Order can be issued by the Municipal Building Surveyor in circumstances where they assess the building as unsafe, that is, a risk to life or property.
The Emergency Order requires the owners or occupiers to take immediate action to make the property safe.
ABOUT BUILDING NOTICES FOR ILLEGAL BUILDING WORKS
A building permit cannot be issued retrospectively for the works already carried out.
Suppose our selected building surveyor is the Relevant Building Surveyor (RBS) for your building work, and illegal building work occurs. In that case, we can issue a Building Notice or minor building work order allowing you to address the non-compliant issues.
If our RBS is not the RBS for your building work, and illegal building work occurs, the Municipal Building Surveyor (MBS) of your local council can issue a Building Notice or minor building work order giving you the opportunity to show the cause why the works were carried out without first obtaining a building permit and/or why the building should remain on your property.
These can be covered by the Building Surveying Services under S.238(1)(b) of The Building Act 1993.
What is a building notice and when it can be served on me as the Owner ?
Click VBA RBS PN to access to the Victorian Building Authority practice note about general guidance on building notices and building orders.
What should should I do if my building permit is expired, and there is no occupancy permit or certificate of final inspections ?
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What is the process if I have no building permit and I am in the construction process and realise that my work is unauthorised /illegal and requires a building permit ?
OTHER TYPES OF COMPLIANCE
A Certificate of Compliance is a document that is regulated by the Victorian Building Authority and is referred to as “Regulation 1507: Certificate of Compliance – Design”.
The Victorian Building Authority administers Victoria’s building legislation system. The document is a statement made by the engineer to the Building Surveyor that all structural design works have been carried out in accordance with the Building Act 1993, the Building Regulations 2006, the Building Code of Australia and the relevant Australian Standards.
In order to complete your Building Permit application, your Building Surveyor may request a Certificate of Compliance from an engineer pertaining to your proposed development. This document gives you and your Building Surveyor confidence that all design work has been completed by us to the required standards as set by the Victorian Building Authority At Melbourne Civil & Structural Engineers, we have qualified, experienced and licensed Engineers to check the design independently and provide a Certificate of Compliance.
If you are unsure or need help, talk to our Professional Engineer on 1300-911-138.
OUR team of Civil & Structural Engineers are highly experienced in storm water drainage designs for a variety of developments including houses, multi-level apartments and industrial warehouses.
Stormwater drainage systems are designed to convey and discharge rainwater offsite into the local council’s stormwater system via a series of drainage pits and pipes. Our team can provide an effective, practical and detailed storm water drainage design that meets your architectural designs and site conditions.
As part of our specialised service we will liaise with the relevant council on your behalf to obtain the “legal point of discharge” document prior to design.
We then work collaboratively with the council to meet their requirements and obtain fast approval of the civil designs.
We also provide the certificate of compliance for the civil design upon request.
REFERENCE:
https://www.whittlesea.vic.gov.au/building-planning-development/building-and-construction-approvals/other-building-matters-to-consider/how-to-respond-to-a-building-notice-for-unauthorised-works/
