Unauthorised Building Works

Acknowledgement of unauthorised building work may be given for all structures if they comply with all current regulations. 

When is it required?

A Building Approval Certificate (BA18) is used to retrospectively approve any building work completed without a building permit being issued, or certifies an existing building complies with the relevant standards. A Building Approval Certificate will only be given to the  owner of the property.

Are there exemptions?

Building Approval Certificates are voluntary, however if you have unauthorised building work you may be required to demolish it if you do not have one.

Building Approval Certificate

Building Approval Certificates (BA18) is issued by a registered building surveyor, as defined in section 3 of the Building Services (Registration) Act 2011. A Register of Building Surveying Contractors and Practitioners is available on the Building Commission Website.

Documentation Needed

• Certificate of Building Compliance (BA18) signed by an independent building surveyor confirms the building complies with the Building Standards and any other standards prescribed by the Regulations;
• Copies of all plans and specifications specified on the CBC;
• A copy of each technical certificate;
• Evidence of any prescribed authorities’ approval;
• Evidence of any prescribed notifications given;
• Appropriate consent forms or court orders wher;e work encroaches onto or adversely affects other land; and
• Payment of the prescribed fee The following information may be requested after an inspection of the unauthorised works.

The following information may be requested after an inspection of the unauthorised works:

• A report from a qualified engineer certifying all structures are structurally adequate and any remedial works certified as complete or a private Building Surveyor to certify that the structure complies with the requirements of the Building Codes of Australia and Residential Design Codes (R-Codes).
• Certification of termite barrier from a licensed operator or suitably qualified person.
• Letter from the owner stating why they carried out the works without a building licence and why Council should not serve notice to have the unauthorised works removed and/or the matter brought before the magistrate’s court.
• All electrical works involved require a certification of compliance from a licensed electrician.
• An application for retrospective development approval where the development is not in accordance with the City’s District Planning Scheme No.2, policies and/or the Residential Design Codes of Western Australia. Please note penalty fees apply where a development has occurred without the necessary approvals.
• In cases where it would appear the structure encroaches within the required setback, adjoining lot or crown land, you may be requested to engage the services of a licensed land surveyor to survey the property.

One copy of plans will be retained by the Shire. The other copy is returned to the owner with a covering letter to confirm the unauthorised works have been acknowledged. 

It is an offence to construct a building without first obtaining a building licence. The maximum penalty is up to $50,000. Owners or Builders who undertake unauthorised building work may still be prosecuted by the Shire or the Builders Registration Board.

The Shire of Gingin, where it is of the opinion an owner did not intentionally build without first obtaining a building licence, may issue a letter of acknowledgement following an application from the owner.

Please note that lodgement of an application does not guarantee approval.

If you have any queries, please contact Building Services on (08) 9575 2211.