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Doing Business

Building Compliance

Council does take seriously complaints regarding any person ignoring planning and development legislation by erecting or demolishing structures without proper approval.

Where the community suspects unauthorised building work, plumbing and drainage work or violations to acceptable land use is being carried out- Council's Building and Planning Compliance officers are available to  investigate.  

Building Compliance deals with the following:

  1. Buildings that are dangerous eg: structures in dilapidated condition.
  2. Illegally built structures ie: without building approval eg: shipping container/s  placed on a property 
  3. Illegal occupation buildings such as a shed (Class 10a).
  4. Illegal occupation of caravans, tents, container (not shipping container) or any other structure not covered by the Building Act 1975.

Item 4 is dealt with under Local Law No.1 (Administration) (PDF 214.7KB) and  Subordinate  Local Law 1.3 (Establishment or Occupation of a Temporary Home) 2011 (PDF 50.1KB).

See also Temporary Accommodation Permits.

Note: Building Compliance only deal with matters in item 4 on private property.  Local Laws officers deal with these matters on Crown Land.     

Section 118 and Section 119 of the Building Act 1975 outlines restrictions on use of  buildings.

119: Further restriction on occupation of building for residential purposes.

A person must not use a building, other than a class 1, 2, 3 or 4 building, for residential purposes unless the use is approved by the local government for the building.

This means that no person should use a building unless it is classified for residential purposes; ie: a House Unit/s, Boarding house or an approved dwelling in another building. eg: office building or commercial premises.

The legal process for the above mentioned sections can vary from:

  1. Issuing of a Show Cause Notice and then an Enforcement Notice,  Failing to comply with an enforcement notice attracts a maximum penalty 1665 penalty units  A summons would be issued for failing to comply with an enforcement notice and a fine would be determined by the Magistrates  Court or
  2. Issuing of an enforcement notice depending on the circumstances eg: dilapidated and or dangerous building (this may include health issues as well) again penalties for failing to comply with an Enforcement Notice apply once again this would be determined by the Magistrates Court.
  3. In some instances a Complaint and Summons may be issued without proceeding through the process of show cause and enforcement notice process. This would then be determined by the Magistrates Court.

(Please note maximum penalty is 165 penalty units)

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