Shire of Murray

Unauthorised Building Work

It is an offence under the Local Government (Miscellaneous Provisions) Act, (The Act), to undertake building work without first having obtained a building licence from the Local Government. A breach of this requirement carries a penalty of up to $50,000 and a daily penalty of $5,000 for each day the offence occurs.
 
On 1 July 2008, the Act was amended to provide new property owners unaware of unauthorised building works to apply for a Building Approval Certificate. This application requires similar but perhaps more specific documentary evidence than a normal building application.
 
The benefit of this new legislation is that the Local Government can now efficiently deal with unauthorised building work where in the past Local Government did not have legal capacity to do so. This change has helped those owners who were really unaware that they had bought a property with an unauthorised structure on it.
 
Though an owner may now seek a Building Approval Certificate for unauthorised building work, the Shire of Murray can take legal action such as that provided under sections 374 and 401 of the Act, ensure the unauthorised building work is subject to a Building Approval Certificate or is removed. Legal action may also be progressed should the Shire of Murray consider that an owner is flagrantly disregarding the requirement to obtain building approval prior to commencing building work, or if an owner does not ensure that all the information for a Building Approval Certificate is provided in a timely manner. 

How do I know if a building has the necessary approval?

If you are concerned that a building on your property or a property you are considering to buy does not have the necessary approval, please contact the Shire of Murray’s Building Services team to arrange a search of the Shire’s records for approvals issued to that property.
 
In order to obtain this information you must be the current owner of the land or have consent in writing from the current owner. A fee of $50 is applicable to obtain this information, with additional fees incurred for copies of plans. 

What should you do if you do have un-authorised building work on your property?

If you own a property with unauthorised building work, it is important to submit an Application for Building Approval Certificate together with the relevant plans, documents and fees to the Shire of Murray. A member of the Building Services team will then assess the building against the relevant building, planning and environmental health legislation and respond accordingly.
 
When considering purchasing a property, it is recommended you request written evidence from the current owner that all buildings on the property have the relevant building approval from the Shire of Murray prior to property settlement. 

Building Approval Certificate

When work has been constructed without a Building Licence the Shire of Murray is able to issue a Building Approval Certificate to the owner in relation to unauthorised building work where adequate plans and specifications have been lodged where all relevant fees have been paid and it has been demonstrated that the building work complies with the relevant standards.

 
Building Approval Certificate Application 

How will the Shire of Murray deal with unauthorised building work?

On receipt of an “Application for Building Approval Certificate”, the Shire’s Building Surveyor will undertake an assessment and if the building complies with all relevant building, planning and environmental health legislation, a Building Approval Certificate will be issued to the owner.
 
If the Shire’s Building Surveyor does not receive suitable documentation or considers the unauthorised building does not comply with the relevant building, planning or health legislation, written advice will be sent to the owner advising of what work needs to be carried out or what information needs to be submitted in order to enable the issue of a Building Approval Certificate.
 
If this work or information is not carried out within a reasonable time, the Shire may decide to refuse the application. If you receive such a Notice, you have the right to make an application to the State Administrative Tribunal seeking a review of the Shire’s decision.

Any fees quoted must be verified with the Shire's latest fees and charges schedule.