Consequences of Unapproved Works

Building or renovating without the right approvals can cost you far more than it saves.

Choosing to proceed with work without obtaining the required approvals may appear to save time or money. However, unapproved work can result in significant legal, financial and safety consequences.

This page provides information about what constitutes unapproved work, the action Council may take, and the penalties that may apply.

The information applies to building, demolition and plumbing work undertaken within the Southern Midlands Council area, including protection works, sheds and outbuildings, extensions and additions, garage conversions and decks.

What are unapproved works

Unapproved works are building, demolition, plumbing or development activities undertaken without the planning and/or building approvals required under Tasmanian law. While some minor works may be exempt, many common projects require approval — including converting a garage or storage area into a habitable room.

If you’re unsure whether your project requires approval, check with Council before starting work. Our planning, building and plumbing teams can provide guidance, and help provide an initial indication of what approvals may be required.

What Council can do

Under the Building Act 2016, Southern Midlands Council is the relevant Permit Authority and has a statutory responsibility to take action where building or plumbing work has been undertaken without the required approvals.

Depending on the circumstances, Council may:

  • Issue a Building Notice or Plumbing Notice requiring the owner to show cause why a Building Order should not be made.
  • Issue a Building Order or Plumbing Order requiring work to be altered, removed, demolished or otherwise brought into compliance with legislative requirements.
  • Commence penalty proceedings through the Magistrates Court.
  • Issue infringement notices and on-the-spot fines where authorised.

Unauthorised work may result in enforcement action against property owners, builders, plumbers and other contractors involved in the work. Responsibility for unauthorised work is therefore not necessarily limited to the property owner.

Penalties

Penalties under the Building Act 2016 are significant:

  • Up to 100 penalty units for individuals
  • Up to 500 penalty units for body corporates

(Penalty unit values are set by the State Government and change periodically. Check the current value at www.legislation.tas.gov.au before relying on a dollar figure.)

The Risk of unapproved works

The consequences of unapproved work can extend well beyond Council enforcement and may not become apparent until a property is sold, refinanced or an insurance claim is made.

Unapproved work can result in:

  • More complex and costly approval processes if retrospective approval is required to bring the work into compliance.
  • Rectification or demolition requirements where work cannot be approved or does not meet the required standards.
  • Safety and quality concerns where work has not been undertaken in accordance with applicable building codes, standards and regulatory requirements. Rectifying these issues later can be costly.
  • Insurance complications, including the potential for an insurer to refuse or limit a claim where unauthorised or non-compliant work is involved.
  • Delays or complications when selling a property, including the potential for a sale to be delayed, renegotiated or terminated if unapproved work is identified during the conveyancing or due diligence process.
  • Reduced property value or sale price, particularly where areas of a property cannot be legally recognised or represented as approved accommodation.
  • Unrecognised improvements, such as an additional room that may appear to be a bedroom but does not meet the requirements to be legally recognised as habitable space.

The Bottom Line

Work undertaken without the required approvals may appear to save time or money in the short term, but can create significant and costly problems later.

Getting the right approvals before work begins can help protect your property, your investment and the safety of those who use it.

Protect Yourself

Before commencing any work, make sure you understand what approvals are required for your project. Depending on the type and scope of the work, you may need planning approval, building approval, plumbing approval, or a combination of these.

Before you begin:

  • Check what approvals are required for your proposed work before any work starts.
  • Engage appropriately licensed tradespeople where required by law.
  • Keep all approval and certification documents in a safe place. These documents may be required when selling or refinancing your property.
  • Seek advice if you are unsure. Council, a building surveyor, plumber or other appropriately licensed professional can help you understand the requirements that apply to your project.

You can check whether planning approval may be required for your project by referring to the Tasmanian Planning Scheme.

Building and plumbing work in Tasmania is categorised according to its level of risk. The category of work determines the approval and certification requirements that may apply.

Directors Determination – Categories of Building and Demolition WorkDirector’s Determination – Categories of Plumbing Work.

Need Help

Council’s planning, building and plumbing teams can help you understand what approvals your project needs.

 

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