Unauthorised Structure Approval Process

The Building Act 2011 and the Building Regulations 2012 allow a local authority to issue a Building Approval Certificate where it can be demonstrated that an unauthorised structure complies with the Building Code of Australia and relevant Australian Standards.

Owners who have unauthorised building work can apply to the City by providing the necessary application form, fees, documentation and any required certificates to demonstrate that the unauthorised building work, as-built, substantially conforms with the requirements of the Act.

Property owners may need to commission building professionals to assist them in preparing and certifying the unauthorised building work. They will need to engage a Registered Building Surveyor to sign a Certificate of Building Compliance.

The following is a list of information that may be required for your application depending on the complexity of your as-built works:

• Completed Application Form BA13
• One (1) copy of a scaled (1:100 or 1:200) Site Plan showing the as-built works, distance to boundaries of the works, residence and any other structure on the site including swimming pools, spas, patios or pergolas, sheds, carports and garages.
• One (1) set of Architectural Drawings including floor plans, elevations and at least one sectional view.
• One (1) copy of relevant Specifications.
• One (1) copy of Structural Engineers As-Built Certification (if required).
• One (1) copy of a Registered Building Surveyor’s Certificate of Building Compliance pertaining to the works compliance with the Building Code of Australia and relevant Australian Standards.
• One (1) copy of Energy Efficiency Certification if the structure is a habitable structure (bedroom, study, games room, etc.).
• One (1) copy of Electrical Certification for smoke alarms, LCD’s etc.
  

Note: Planning Approval may also be required.

Building Approval Certificate Application Fee:
The application fee for a Building Approval Certificate is 0.38% of the estimated current value of the application with a minimum fee of $97.70.

Extract from the Building Regulations 2012:

Schedule 1 (3) Estimated value of unauthorised building work
The estimated value of unauthorised building work is the sum of the estimated current value (including GST) of the relevant components.

Please note: Even if you have constructed the works yourself, the current value of labour required to carry out the works will still need to be included in the estimation.

The Building Services Levy:
The levy for a Building Approval Certificate is $123.30 (0.274% for a building value over $45,000).

Information Sheet 8 Building Approval Certificate
Building Approval Certificate checklist