In Australia, building work requires a building permit. There are substantial penalties for building without a permit, namely hefty fines. The legislation around building permits and penalties differs slightly from state to state. Therefore, it’s incredibly important that you fully understand your obligations before beginning any type of construction or demolition work.
Examples of Carrying Out Work Without a Building Permit
Examples of works carried out without a permit come in many forms. This situation often arises because of incorrect or insufficient information on the part of the person ordering or commissioning the works. For instance, a homeowner might decide to build a pergola in their backyard. However, the size of the pergola is larger than the exemption restrictions, so they should have obtained a permit before commencing construction. But they did not.
Some of the more common types of work that are regularly and incorrectly carried out without a building permit include:
- Structural renovations
- Pergolas and verandahs that surpass size restrictions
- Sheds and outbuildings that are built from masonry.
Unfortunately, this may lead to penalties for building without a permit. Obtaining the correct information from an expert building surveyor or your local council is imperative before starting a new project, no matter the size or scope.
Penalties Applicable
There are a range of penalties applicable to working without a building permit.
Fines
If you are caught without a building permit, you will be fined heavily. The amount of the fine may depend on the size of your project and penalties can vary from state to state, but is generally tens of thousands of dollars.
In Victoria, the Building Act 1993 determines that a person(s) carrying out work without a building permit will be penalised 500 penalty units. A penalty unit is set at $144.36, so 500 penalty units is over $70,000. Moreover, a person ‘in the business of building’ can be imprisoned for carrying out illegal building work.
Demolition of work completed
The authorities may elect to demolish or remove the work that has already been completed. This can see an end to your project, or at least result in significant delays and added costs. For homeowners, this can be incredibly costly and see a dream project ruined. Therefore, it’s crucial that you obtain the right permits before carrying out any work.
Voiding insurance
Certain building works that are carried out without a building permit may void your home insurance. On a larger project, this may mean multiple insurances are no longer valid, which is a critical issue, particularly when it comes to health and safety on site.
Can I Avoid Obtaining A Building Permit?
You cannot avoid obtaining a building permit, unless the works qualify for an exemption. Generally, however, all building works require a permit. To find out if your project does qualify an exemption, you must consult with an expert building surveyor or your local council. The correct advice and information is critical.
What Works Can I Undertake Without a Permit?
Some works may qualify for a building permit exemption. Generally, this may include some minor works and repairs. To find out what works you can undertake without a permit in your area, you must enquire with your local council or a licensed private surveyor. Expert advice is a must when avoiding penalties for building without a permit.
When Works Require a Building Permit?
The vast majority of building works will require a permit. At Fitout Permits, our team is here to provide expert advice, and issue building permits where required. To find out more about your obligations, take a look at our previous article – ‘when is a building permit required?’
Alternatively, get in touch with our team for a building permit consultation.
