What happens if I build without a permit?

Key points

• Unpermitted structures can cause problems with selling, insurance and council.
• Victoria has no simple after-the-fact permit, so councils deal with it through building notices and orders.
• In Queensland, a certifier can often assess an existing structure, depending on whether it complies and can be inspected.
• Paperwork, engineering and construction photos make the process much easier.
• Checking before you build avoids all of this.

Why it matters

Building permits exist to make sure structures are safe and sited properly. A verandah or carport built without a permit may be perfectly sound, or it may have footings, connections or engineering that wouldn't pass. Either way, the lack of a permit can cause problems:

• Selling. Buyers' solicitors and building inspectors often ask for permits for structures on the property. Missing permits can delay settlement or reduce the price.
• Insurance. An insurer may question a claim involving unapproved work.
• Council action. Councils can issue notices or orders requiring work to be made safe, altered or removed.
• Future work. A later permit application, such as for an extension, can bring the unpermitted structure to light.
• Safety. Unchecked structures can fail in storms, which is the reason the rules exist.

The usual paths in Victoria

In Victoria, a building permit is meant to be issued before work starts, so there is no simple after-the-fact permit for finished work. Unpermitted work is usually dealt with through the council's municipal building surveyor, who can issue building notices and orders. A building notice typically asks the owner to show why the work shouldn't be altered or removed, and an order can require specific work to be done.

In practice, owners often engage a building surveyor to inspect the structure, work out what would be needed for it to comply and then deal with council on that basis. The outcome depends on the structure and whether it meets the regulations, and may involve changes such as new footings or engineering certification.

The usual paths in Queensland

In Queensland, a private certifier can often assess an existing structure for approval, sometimes called a retrospective or as-built approval, but it depends on whether the work complies and what can be inspected. The certifier needs to be satisfied the work complies, which usually means an inspection, engineering certification for the structure as built, and sometimes exposing footings or connections so they can be checked.

If the structure doesn't meet the siting rules, a siting relaxation from council may also be needed, just as it would be for a new structure.

What makes it easier

• Paperwork. The kit supplier's engineering, invoices and the installer's details all help.
• Photos taken during construction, especially of footings and fixings.
• A compliant design. If the structure happens to meet the setback and structural rules, the path is usually much shorter.

What makes it harder

• Footings that can't be inspected and no records of what was used.
• Structures over easements or too close to boundaries.
• Structures in heritage or other overlays that would have needed a planning permit.

When buying a property

If you are buying a home with a verandah, carport or shed, ask the vendor for the permits and final inspection certificates. In Victoria, council can usually provide building permit records for a property, and in Queensland council or the certifier can provide approval records. A pre-purchase building inspection can also flag structures that look unapproved, so you can raise them before you sign.

If the vendor can't provide records, talk to your solicitor before settlement. Options can include a price adjustment or a condition that the vendor sorts out the approval first.

Avoiding the problem next time

If you are planning a new structure, check before you build. Run the free check to see whether your design is likely to comply, and read do I need a permit for a verandah? If it needs a permit, we can take care of it, and you pay only when the permit is ready to issue.

Talk to us

If you have a structure that was built without a permit, call us or start an application with photos and any paperwork. We'll tell you what is likely to be involved before you commit to anything.