Continuing with our comprehensive blog series on the Building Approvals Process in Western Australia, Section 9 sheds light on handling unauthorized building work—a crucial area for property owners, builders, and developers. This section covers the pathways to rectify non-compliant constructions, ensuring they meet legal standards and obtain necessary approvals retrospectively.
Dealing with unauthorized building work poses significant challenges within the construction and property management sectors. Whether due to oversight or intentional omission, unpermitted constructions must be addressed promptly to comply with legal standards and avoid penalties.
Understanding Unauthorized Building Work
Definition and Implications: Unauthorized building work includes any construction, alteration, or demolition carried out without the necessary permits or not in accordance with approved plans and permits. Such work risks legal enforcement actions, including fines and orders to demolish or rectify the structures.
Pathways for Rectifying Unauthorized Work
Retrospective Approval Process: For buildings where unauthorized work has been completed, property owners can apply for retrospective approval to legitimize the work:
- Residential Properties (Class 1 and Class 10): Owners can apply for a ‘Building Approval Certificate’ using form BA13. This application also applies to Class 2 to Class 9 buildings that do not require an occupancy permit. (Guide-to-the-Building-A…)
- Commercial Properties (Class 2 to Class 9): For commercial buildings, the application for an ‘Occupancy Permit’ is made using form BA9. (Guide-to-the-Building-A…)
Engaging Building Surveyors: A registered building surveyor must be engaged to issue a ‘Certificate of Building Compliance’ (CBC) before submitting an application for a Building Approval Certificate or an Occupancy Permit. The surveyor assesses whether the unauthorized works meet the building standards applicable at the time of the application(Guide-to-the-Building-A…).
Legal and Enforcement Considerations
Enforcement and Penalties: Local governments may take legal action to ensure that unauthorized work is either approved or removed. This includes issuing building orders that specify the need for remedial works or complete removal of non-compliant structures(Guide-to-the-Building-A…).
Risks of Non-Compliance: Failure to address unauthorized building work can lead to significant risks, including:
- Safety Hazards: Non-compliant structures may pose safety risks to occupants and the public.
- Financial Liabilities: Owners might face fines, enforced demolition costs, and decreased property values.
- Legal Repercussions: Ongoing legal issues can arise, affecting the sale or development of the property.
Conclusion: Navigating the Complexities of Unauthorised Work
Handling unauthorized building work requires a thorough understanding of the Building Act’s provisions and a proactive approach to rectifying non-compliance. Property owners should consult with experienced building surveyors and legal experts to navigate this process effectively, ensuring that all structures on their property are safe, legal, and compliant.