Have you ever started a home improvement project without a building permit? Perhaps you’ve moved into a home with existing work that wasn’t approved? If so, you might need a retrospective building approval.
What is a Retrospective Building Approval?
A retrospective building approval, also known as post-construction approval, is the process of obtaining official permission from your local council for a building project that has already been completed. This might be necessary if you didn’t have the required permits before starting the project, or if there were unforeseen circumstances that prevented you from finalising an approval for work. Sometimes you are only made aware that there is unauthorised work on your property when contacted by your local authority.
Why is a Retrospective Approval Important?
While it may seem tempting to skip the formal building approval process, it’s essential to obtain retrospective approval for several reasons:
- Legal Compliance: Ensure your building project complies with local building codes and regulations.
- Insurance Validity: Many insurance policies require valid building permits.
- Property Value: A building permit can positively impact your property’s market value.
- Potential Resale: Retrospective approval can make your property more attractive to potential buyers and not having the correct paperwork in place can detract potential buyers.
What Steps do you need to take to Obtain Retrospective Building Approval?
- Get Council Records
- Obtain your building file: contact your local council for your building file and plans (this can usually be done online), this will contain any existing applications, plans and inspection records (council will charge a fee for this service).
- Collate information: anything on the build that you have, plans, certificates, photos anything that will show a building certifier the history of the build.
- Consult a Building Certifier
- Professional Expertise: A building certifier can assess your project and determine the specific requirements for retrospective approval.
- Code Compliance: They will check if your construction adheres to current building codes and standards.
- Documentation: They can help you gather the necessary documentation, such as plans, permits, and inspection reports.
- TIP: Buildable Approvals we review your documentation. We then arrange a preliminary inspection ($850 + travel if more than 30k from a buildable office) to determine what will be required to obtain approval and the costs involved.
- Engage a Building Certifier and Prepare Required Documentation
- Sign documentation: You will need to sign an engagement agreement and pay a fee to the building certifier to officially engage them. Once you have done this they can act on your behalf and will notify council they are working with you to rectify the illegal building work.
- Request for Information: Once engaged, your building certifier will assess the application documentation and provide a request for information (RFI). This will be a detailed list of everything needed to obtain the building approval and will include:
- Building Plans: Provide detailed plans of the construction, including elevations, sections, and floor plans.
- Site Plans: Show the property’s boundaries, easements, and any relevant features.
- Engineering Reports: If structural work was involved, you may need engineering reports to verify its safety.
- Compliance Certificates: If applicable, provide certificates from relevant authorities, such as electrical and plumbing inspections.
- TIP: You can download our application checklist (Class 1 habitable dwelling / Class 10a non habitable) to see what is required to make the application (note the list of requirements is the same as a building approval and these items are required under the legislation so there is a bit of legwork to do).
- Building Approval
- Issue a Building Approval: Once they have all the documents required the Building Certifier will issue a building approval. This may have some conditions on it that you have to fulfil in order to obtain the final certificate (for example you may require a builder to upgrade parts of the build to meet the engineering requirements).
- Final Building Approval Certificates
- Final Inspection: Once you have met the conditions of the approval your Building Certifier will complete the final inspection.
- Issue Certificates: A Form 21 (or Form 17 if a swimming pool) and this notifies council that the building now has an approval.
Additional Tips:
- Early Consultation: Consult with your building certifier early in the process to understand their specific requirements.
- Accurate Documentation: Ensure all documentation is accurate and complete to avoid delays. The Building Approval process has been put in place to protect consumers and ensure every build meets the same standard – even if it has already been built.
- Patience: The retrospective approval process may take time, so be patient and prepared for potential delays.
- Cost: Due to the individual nature of every construction the costs for this work is variable and we cannot apply a fixed fee. We can tell you that a retrospective building approval is more expensive than getting an approval in the normal way. This is because it takes more time to ensure that everything has been done the right way.
By following these steps and seeking professional advice, you can successfully obtain retrospective building approval and ensure your project is legally compliant.
Finally, we always recommend you obtain the correct building approval in advance of starting any construction, it will save considerable time and money in the long run.
