Building Notice

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Building Notice

Building Notice

Melbrick Design Group offers advise on responding to a building notice or a building order for unauthorized building work.

We provide consulting services on responding to a building notice for illegal building work.

What is a Building Enforcement Notice?

Building enforcement notices are issued by council for illegal building work and other breaches to the Building Regulations 2018 (Building Regs).

A notice explains the reason it has been issued and requires the owner of the property, building or land to justify why (‘show cause’) they should not demolish the building work within the specified time frame.

By choosing to ‘show cause’, you are asking the council to permit the illegal structure to:

remain in its current form
be corrected, under a building permit, to reach compliance

If you decide to demolish the structure

You must inform the Municipal Building Surveyor because they may need to issue a building order before the demolition of the illegal work can proceed.

If you decide to show cause to try to justify the illegal structure

You will need to explain why the work was done without a building permit and provide evidence that the structure complies with the Building Act 1993 and the Building Regulations 2006.

A registered Private Building Surveyor (PBS) may be required.

They can assess the illegal work and determine the level of rectification work required to achieve compliance.

For domestic buildings, appropriate evidence must include but is not limited to:

compliant building plans clearly indicating any required rectification work
engineer’s certified structural report
copy of Report and Consents issued by any relevant reporting authority
PBS report verifying compliance of the structure with the Act and Regulations, in its current form or after rectification work
building permit by the PBS for relevant rectification work and completion of the structure
any other documentation the PBS deems necessary to support compliance

Melbrick Design Group will coordinate other specialist building practitioners that may need to intervene in the preparation of documents, including:

building plans (showing required rectifications, if any)
engineering report
certification of the design and the building work:
if the work is structurally correct, the engineer must provide structural details and certificates of compliance
if the work requires structural correction, you must provide engineer-certified details of these
a general compliance report by the PBS
A building permit is required to carry out the correction work.

Building Notice

Building Notice

Melbrick Design Group offers advise on responding to a building notice or a building order for unauthorized building work.

We provide consulting services on responding to a building notice for illegal building work.

What is a Building Enforcement Notice?

Building enforcement notices are issued by council for illegal building work and other breaches to the Building Regulations 2018 (Building Regs).

A notice explains the reason it has been issued and requires the owner of the property, building or land to justify why (‘show cause’) they should not demolish the building work within the specified time frame.

By choosing to ‘show cause’, you are asking the council to permit the illegal structure to:

remain in its current form

be corrected, under a building permit, to reach compliance

If you decide to demolish the structure

You must inform the Municipal Building Surveyor because they may need to issue a building order before the demolition of the illegal work can proceed.

If you decide to show cause to try to justify the illegal structure

You will need to explain why the work was done without a building permit and provide evidence that the structure complies with the Building Act 1993 and the Building Regulations 2006.

A registered Private Building Surveyor (PBS) may be required.

They can assess the illegal work and determine the level of rectification work required to achieve compliance.

For domestic buildings, appropriate evidence must include but is not limited to:

compliant building plans clearly indicating any required rectification work

engineer’s certified structural report

copy of Report and Consents issued by any relevant reporting authority

PBS report verifying compliance of the structure with the Act and Regulations, in its current form or after rectification work

building permit by the PBS for relevant rectification work and completion of the structure

any other documentation the PBS deems necessary to support compliance

Melbrick Design Group will coordinate other specialist building practitioners that may need to intervene in the preparation of documents, including:

building plans (showing required rectifications, if any)

engineering report

certification of the design and the building work:

if the work is structurally correct, the engineer must provide structural details and certificates of compliance

if the work requires structural correction, you must provide engineer-certified details of these

a general compliance report by the PBS

A building permit is required to carry out the correction work.