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Unauthorised development

Unauthorised development is building work or use of a premises which is carried out without the necessary approvals, or not in accordance with the relevant approval.

Before doing building work or renovations, owners and building contractors must have the necessary approvals and certificates, and ensure that all conditions and requirements have been met.

If there is unauthorised development or building work at your premises, write to Council giving details and ask for advice to resolve the situation.

Offences and Penalties

It is an offence to carry out building work or development without the necessary development approval and construction certificate.

It is also an offence to carry out building work which is not in accordance with the development approval, complying development certificate, construction certificate or conditions of consent.

The Environmental Planning & Assessment Act 1979, sets penalties of up to $1.1 million for unauthorised or non-complying development. Alternatively, Council can issue an on-the-spot penalty infringement notice for each offence up to $1500 for an individual and $3000 for a company.

Council can also order demolition or removal of any unauthorised building work, or order full compliance with development approval, conditions and the approved plans.

For details about enforcement see Council's Enforcement Policy (pdf 101kb)

These offences are taken seriously by Council, as they undermine the integrity of the approvals process, result in sub-standard construction and may have a detrimental impact upon the life, safety and amenity of nearby residents and the local area.