Building Unauthorised Works

What is unauthorised work?

Unauthorised works are building works that have been commenced without a Building Permit. A ‘Building Approval Certificate’ is used to retrospectively approve unauthorised building work relating to residential Class 1 and 10 structures; an Occupancy Permit is required for commercial Class 2 – 9 structures.

What can I do about an unauthorised structure?

Building work must not be commenced without a Building Permit where one is required. The Building Act 2011 allows a person to make an application to approve unauthorised building work in relation to a building or incidental structure. This process should not be used to circumvent the need for a Building Permit.

The retrospective approval process may assist those who are buying or selling a property that has an unauthorised structure. If you have commenced building work without approval, or purchased a property with unauthorised structure/s, you are able to submit an application to obtain retrospective approval from the Shire of Coolgardie (The Shire).

In many cases, the Shire is able to grant retrospective approval for unauthorised structures. In certain circumstances, if the unauthorised building/structure does not comply with the Building Code of Australia (BCA) or relevant standards, the property owner may be requested to complete building work to achieve compliance with the relevant standards or remove the structure.

In cases where the Building Act 2011 has been breached, the Shire may consider legal action which could include the issuance of a building order and/or referral to the Shire’s solicitors for prosecution.

Planning and Health Approval

Other approvals administered by the Shire (such as planning and health) may also be required depending on the nature of the structure, location, design and use. Applicants should contact the Shire of Coolgardie on these matters before lodging their applications.

How do I obtain retrospective approval?

Obtaining retrospective approval is a two-stage process, comprising firstly of obtaining a Certificate of Building Compliance.

Once a Certificate of Building Compliance has been issued, a Building Approval Certificate should be applied for in relation to residential structures or an Occupancy Permit in relation to commercial structures to the Shire.

Certificate of Building Compliance

A Certificate of Building Compliance is required to ensure the unauthorised building or incidental structure is compliant with the BCA.

A Certificate of Building Compliance can be obtained from a registered Building Surveying Practitioner. The Building Surveyor will need to gather relevant information to ensure the applicable building standards have been met.

Building Approval Certificate or Occupancy Permit

A Building Approval Certificate or an Occupancy Permit confirms that the building has been assessed by a registered Building Surveying Practitioner for compliance and that a Certificate of Building Compliance has been issued.

How long does it take to get retrospective approval?

The Building Act 2011 has time frames in which the Shire has to assess and determine an application. Generally, the Shire has up to 10 business days from the date of lodgement to assess the application and issue a Building Approval Certificate or Occupancy Permit. The Shire however depending on the works, may require a planning application prior to issuing a retrospective approval.

It is important that you are aware of allowed time frames prior to lodging your application and that your application documentation is complete.

Should further information be required by the Shire in order to assess the Building Approval Certificate or Occupancy Permit application, the applicant may be given up to 21 calendar days in which to provide the outstanding information. If the information is not received within the 21 days, the application could be refused.