I need a retrospective permit. What is involved?
Whether an innocent misunderstanding, an attempt to skip the permit process, an inherited issue, or a building contractor has been misleading, it can come as a shock to find building works are deemed “illegal”. This means the works have been completed without a Building Permit.
Homeowners usually find out via a Council issued Illegal Works Notice or, if the owner intends to sell, via pre-purchase building inspections arranged by a prospective homebuyer which can spook the potential buyer or be used for bargaining.
If works are deemed illegal, owners often have two options – demolish the illegal structure, or work through a retrospective permit process. Inaction will likely result in fines or further action.
While it may be tempting to proceed without a permit, it is often more costly, time exhaustive, and complex to navigate the retrospective permit process. Often, ‘illegal’ works consist of construction of minor structures such as decks, outbuildings, sheds or freestanding walls. Sometimes, demolition (and potential rebuild) is the more cost-effective option.
What is a building permit and what is involved? A general guide
A building permit is the legal process that ensures building works are completed to relevant regulations. The permit ensures the structure is designed to relevant Code, is built by a registered building practitioner to the design specification, and the works are inspected and approved by a Registered Building Surveyor. Most building works require a building permit. Council can advise if a permit is required. Visit the Building and Plumbing Commission for further information - www.bpc.vic.gov.au/building-surveyors/permits/when-is-a-building-permit-required.
Prior to construction, the owner appoints a Surveyor whose role entails navigating the legal requirements of building works under the Building Act. The Surveyor will request the preparation of relevant documentation. Depending on the works, these may include:
During construction, works are completed by Registered trades and inspected by the Surveyor at key stages of the build. The inspections ensure critical components of the works are constructed per the design documentation and if non-compliances are found, allows rectification before progressing to further stages of the build.
At completion, final approval is granted by the Surveyor. All relevant documentation is lodged to Council. Council archive the documentation so future owners can access the information as needed.
*Note this is a very general guide. Visit the Building and Plumbing Commission website or speak to Council or a surveyor for further information.
How do retrospective permits differ?
The process begins, when Council issue a Notice, they will generally outline their requirements for the retrospective permit and the documentation required. The level of documentation depends largely on the project – for instance, a small deck will have less requirements compared to a large extension.
Engage consultants to prepare the required documentation, similar to the abovementioned typical permit process. Potential consultants include an architectural draftsperson for architectural drawings and energy assessor for energy reports. Each consultant / contractor preparing documentation will need to complete their own inspection and measure up of the works.
The retrospective permit process requires greater involvement by a Structural Engineer as generally requested by Council / Surveyor. Our involvement can include:
The engineering inspection is the first stage in our involvement in the retrospective permit process. The inspection reviews all aspects of the build – member sizes, materials used, spans, loads, fixings and connections, bracing, and other observations. Regulations require practitioners providing approval to visually inspect completed work. Members therefore need to be visible and accessible, not concealed behind linings such as plaster, roofing etc. Such linings would need to be removed to the engineer’s discretion. For footings, a probe and soil test is required to determine the footing material, depth, width and foundation soils.
After the engineering inspection, site observations are reviewed and analysed to determine compliance. Non-compliances are noted and a laundry list of rectification items is provided to the owner / builder to carry out. Some items are simple – extra screws, additional members, etc. Some items are complicated and intensive – undersized footings, footings founded in unsuitable foundation soils, undersized beams supporting large loads etc.
Such rectification may be costly and more than if the proper permit process was followed, making a retrospective permit uneconomical compared to demolition and/or rebuild. The inspection may determine other non-compliances such as not obtaining appropriate permissions prior to commencing works – i.e. missing planning permits, building over services, overshadowing neighbours etc. Securing such permissions may not be achievable.
After rectification works are completed, a follow-up inspection by the Surveyor and/or engineer will occur until the works are approved. Note, there may also be additional costs associated with fines per the illegal works notice. Contact Council for further information.
Demolition sounds like the simpler and cost-effective option
Unfortunately, it’s not that simple. Demolition works also require a permit, associated costs, and approval from Council. Both retrospective permits and demolition incur time and costs, therefore it’s imperative to weigh up both options and see which has the better outcome.
How can I give myself the best chance of obtaining a retrospective permit
Information is key! Records greatly assist the approval process. This may include photographs taken during construction at key stages (bonus points for photos with measurements) and supplier receipts to confirm materials. Provision of such information can also reduce the extent of destructive inspection points required. For project-specific advice and assistance with the retrospective permit process, contact an engineer from McClellands Consulting Engineers, a surveyor or trusted builder to discuss your options.
Conclusion
Starting building works without proper documentation and approvals puts the cart before the horse, adding further stages to the standard permit process. Progressed or completed building works add a tricky prelude to the standard permit process and, in most cases, complicates the next steps and are generally costly and time consuming.
While the building permit process may be imperfect, it largely limits costly mistakes, ensures safety and compliance in identifying potential issues prior to construction when concepts, plans and designs can be changed and resolved on paper rather than after the building has been constructed. The process ensures overall compliance is achievable and economical, that stakeholders are satisfied, and if unsatisfied, offers pathways to resolution are possible.
Homeowners usually find out via a Council issued Illegal Works Notice or, if the owner intends to sell, via pre-purchase building inspections arranged by a prospective homebuyer which can spook the potential buyer or be used for bargaining.
If works are deemed illegal, owners often have two options – demolish the illegal structure, or work through a retrospective permit process. Inaction will likely result in fines or further action.
While it may be tempting to proceed without a permit, it is often more costly, time exhaustive, and complex to navigate the retrospective permit process. Often, ‘illegal’ works consist of construction of minor structures such as decks, outbuildings, sheds or freestanding walls. Sometimes, demolition (and potential rebuild) is the more cost-effective option.
What is a building permit and what is involved? A general guide
A building permit is the legal process that ensures building works are completed to relevant regulations. The permit ensures the structure is designed to relevant Code, is built by a registered building practitioner to the design specification, and the works are inspected and approved by a Registered Building Surveyor. Most building works require a building permit. Council can advise if a permit is required. Visit the Building and Plumbing Commission for further information - www.bpc.vic.gov.au/building-surveyors/permits/when-is-a-building-permit-required.
Prior to construction, the owner appoints a Surveyor whose role entails navigating the legal requirements of building works under the Building Act. The Surveyor will request the preparation of relevant documentation. Depending on the works, these may include:
- Planning permit or correspondence that a planning permit is not required from Council
- Architectural or building design drawings
- Engineering design drawings – of structural members
- Energy report – required for new builds and most additions
- Property Information Report – applied through Council
- Soil site classification / footing probe – required for footing works
- Site levels / land survey information
- An estimate of cost of work.
- Other items as required by the Surveyor including relevant forms, bushfire assessment, appropriate permissions, payment of fees etc.
During construction, works are completed by Registered trades and inspected by the Surveyor at key stages of the build. The inspections ensure critical components of the works are constructed per the design documentation and if non-compliances are found, allows rectification before progressing to further stages of the build.
At completion, final approval is granted by the Surveyor. All relevant documentation is lodged to Council. Council archive the documentation so future owners can access the information as needed.
*Note this is a very general guide. Visit the Building and Plumbing Commission website or speak to Council or a surveyor for further information.
How do retrospective permits differ?
The process begins, when Council issue a Notice, they will generally outline their requirements for the retrospective permit and the documentation required. The level of documentation depends largely on the project – for instance, a small deck will have less requirements compared to a large extension.
Engage consultants to prepare the required documentation, similar to the abovementioned typical permit process. Potential consultants include an architectural draftsperson for architectural drawings and energy assessor for energy reports. Each consultant / contractor preparing documentation will need to complete their own inspection and measure up of the works.
The retrospective permit process requires greater involvement by a Structural Engineer as generally requested by Council / Surveyor. Our involvement can include:
- Structural Inspection - Engineering inspection and reporting of the completed works outlining compliant and non-compliant works
- Engineering Design Drawing.
- Soil site classification / footing probe – required for footing works
- Site feature survey and levels
- Other items as required including bushfire assessment etc.
The engineering inspection is the first stage in our involvement in the retrospective permit process. The inspection reviews all aspects of the build – member sizes, materials used, spans, loads, fixings and connections, bracing, and other observations. Regulations require practitioners providing approval to visually inspect completed work. Members therefore need to be visible and accessible, not concealed behind linings such as plaster, roofing etc. Such linings would need to be removed to the engineer’s discretion. For footings, a probe and soil test is required to determine the footing material, depth, width and foundation soils.
After the engineering inspection, site observations are reviewed and analysed to determine compliance. Non-compliances are noted and a laundry list of rectification items is provided to the owner / builder to carry out. Some items are simple – extra screws, additional members, etc. Some items are complicated and intensive – undersized footings, footings founded in unsuitable foundation soils, undersized beams supporting large loads etc.
Such rectification may be costly and more than if the proper permit process was followed, making a retrospective permit uneconomical compared to demolition and/or rebuild. The inspection may determine other non-compliances such as not obtaining appropriate permissions prior to commencing works – i.e. missing planning permits, building over services, overshadowing neighbours etc. Securing such permissions may not be achievable.
After rectification works are completed, a follow-up inspection by the Surveyor and/or engineer will occur until the works are approved. Note, there may also be additional costs associated with fines per the illegal works notice. Contact Council for further information.
Demolition sounds like the simpler and cost-effective option
Unfortunately, it’s not that simple. Demolition works also require a permit, associated costs, and approval from Council. Both retrospective permits and demolition incur time and costs, therefore it’s imperative to weigh up both options and see which has the better outcome.
How can I give myself the best chance of obtaining a retrospective permit
Information is key! Records greatly assist the approval process. This may include photographs taken during construction at key stages (bonus points for photos with measurements) and supplier receipts to confirm materials. Provision of such information can also reduce the extent of destructive inspection points required. For project-specific advice and assistance with the retrospective permit process, contact an engineer from McClellands Consulting Engineers, a surveyor or trusted builder to discuss your options.
Conclusion
Starting building works without proper documentation and approvals puts the cart before the horse, adding further stages to the standard permit process. Progressed or completed building works add a tricky prelude to the standard permit process and, in most cases, complicates the next steps and are generally costly and time consuming.
While the building permit process may be imperfect, it largely limits costly mistakes, ensures safety and compliance in identifying potential issues prior to construction when concepts, plans and designs can be changed and resolved on paper rather than after the building has been constructed. The process ensures overall compliance is achievable and economical, that stakeholders are satisfied, and if unsatisfied, offers pathways to resolution are possible.