Building Notice Resolution Victoria | Compliance Help

Understanding Building Notices

There are several types of notices that councils and building surveyors can issue.

Building Notice

A Building Notice identifies building work that doesn't comply with building regulations. It typically requires the owner to either rectify the non-compliance or obtain retrospective approval within a specified timeframe.

Building Order

A Building Order is more serious than a notice and may require specific actions such as stopping work, carrying out repairs, or in some cases, demolishing non-compliant structures.

Emergency Order

An Emergency Order can be issued when a building or structure poses an immediate danger to public safety. These require urgent action and have short compliance timeframes.

Common Reasons for Notices

Building notices are issued for various reasons. Common triggers include:

Unpermitted building work – Construction completed without the required building permit
Work not matching approved plans – Building work that differs from what was approved in the permit
Non-compliant construction – Work that doesn't meet building code requirements
Unsafe structures – Buildings or parts of buildings that pose safety risks
Incomplete inspections – Mandatory inspections that weren't conducted during construction
Expired permits – Work continuing after a permit has lapsed

Whatever the reason, it's important to respond appropriately and within the specified timeframe.

How We Help

1

Notice Review

We review your notice to understand exactly what's required and the timeframe for response.

2

Options Assessment

We assess the building work in question and identify practical options for achieving compliance.

3

Compliance Pathway

We recommend and implement the most appropriate path forward—whether that's a retrospective permit, modifications, or other solutions.

4

Documentation & Liaison

We prepare required documentation and manage communication with councils and building surveyors on your behalf.

Retrospective Building Permits

In many cases, unpermitted building work can be regularised through a retrospective building permit. This involves:

Documenting the existing building work
Assessing compliance with building regulations
Identifying any modifications needed to achieve compliance
Preparing and lodging a retrospective permit application
Obtaining sign-off from a building surveyor

A retrospective permit doesn't make the original lack of permit disappear, but it does confirm the work now complies with regulations and resolves the compliance issue going forward.

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Buying a Property with Compliance Issues?

Compliance problems don't always prevent a property purchase, but they need to be factored into your decision. If you're considering buying a property with known building notices or suspected unpermitted work:

Understand the scope of the compliance issue
Estimate the cost of rectification
Factor this into your offer price
Consider whether the vendor should resolve issues before settlement

We can assess properties before purchase to help you understand compliance risks and make informed decisions.

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Frequently Asked Questions

Timeframes vary depending on the type of notice and the severity of the issue. Notices typically specify a response period—this might be 7 days for urgent safety issues or 60 days for less critical matters. It's important to respond within the specified timeframe, even if you need to request an extension.

Ignoring a building notice can lead to escalation—a Building Notice may become a Building Order, which carries more serious consequences. Continued non-compliance can result in substantial fines, court proceedings, or the council arranging for work to be done and billing you for it. It's always better to engage with the issue.

Yes, there are appeal mechanisms available. You can apply to the Building Appeals Board if you believe a notice has been issued incorrectly or unreasonably. However, appeals have strict timeframes and procedural requirements. We can advise whether an appeal is appropriate for your situation.

Demolition orders are relatively rare and typically only issued for work that cannot reasonably be brought into compliance or poses serious safety risks. In most cases, there are options to regularise unpermitted work through retrospective permits, sometimes with modifications. We assess your specific situation and advise on the most practical path forward.

Building Notice Resolution