Council enforcement- notices & orders

Building notices & orders is the process undertaken when a structure is deemed to be illegal or non-compliant by your local council building enforcement team.

Our registered building surveyor at Gippsland Building Surveying Group, has worked within this jurisdiction and is able to assist you with a suitable response.

The process

A building notice is the first step in the enforcement process. The building notice will outline the illegal or non-compliant issues raised by your council building department and you will be given a time period in which you are able to respond to these concerns. The response needs to satisfy the Municipal Building Surveyor at your local council, that the structure is both compliant and safe.

This response cannot be done through the building permit process as a retrospective building permit cannot be obtained. Instead it needs to be in the form of a compliance report, which may also require other supporting documentation such as drafted plans and engineering design, where applicable.

If the Municipal Building Surveyor has not been satisfied with the response within the given time period in regard to the illegal or non-compliant structure, then a building order will be issued. A building order may require you to demolish or re-instate the building, and or land at a cost to the owner.

If the building order directions are not completed, then the council can undertake legal proceedings against you which can be a very costly judicial process.

How we can help

  • Advise you of your options within this process
  • Undertake compliance analysis of the structure
  • Prepare and submit a building notice/order report response on your behalf to the Municipal Building Surveyor or their representative
  • Liaise with the council building department on your behalf
  • Liaise with other practitioners where required on your behalf
  • Provide further services as required by the Building Act, Building Regulations and the National Construction Code for the buildings compliance requirements.