What happens if you build without council approval? (And how to fix it)

Plenty of Australian backyards have a shed, deck or patio roof that never went near the council. Most of the time nobody notices. The problems start when someone does, and that someone is often a neighbour, a council inspector, or the buyer’s building inspector when you sell.

Here’s what actually happens, state by state, and how to get it fixed with the least pain.

How unapproved work usually gets found

• A neighbour complains. This is the most common trigger, often about height, overlooking or water running onto their side.
• The council notices during an inspection for something else, or from aerial photos.
• You sell. The buyer’s building and pest inspector or solicitor asks for approval paperwork, and the gap shows up on the contract.
• You renovate again. A certifier for your new work may refuse to sign off while existing unapproved work sits on the same site.
• You make an insurance claim involving the structure, and the insurer asks questions.

What the council can do

NSW

The council can issue orders under planning law requiring work to be fixed, altered or demolished, and penalties can apply. To get certainty, the owner (or a buyer under contract) can apply through the NSW Planning Portal for a building information certificate.

A building information certificate stops the council from ordering the building to be repaired, demolished or altered for 7 years. It does not approve or make the work lawful, and it can’t be used to get an occupation certificate. To get one, the council will often ask for plans and engineering, and may ask you to fix defects first.

Queensland

Council’s first step is usually a show cause notice. It explains what it thinks is wrong and gives you 20 business days to respond. You don’t have to reply, but replying is your chance to explain and to show you’re fixing it.

If the council isn’t satisfied, it can issue an enforcement notice requiring you to fix the problem. That can mean getting the work approved, bringing it up to standard, or removing it. Urgent or dangerous work can get an enforcement notice straight away. Councils often close the matter once the owner gets the work approved: in one council’s example, a shed was approved after a show cause notice and no further action was taken.

Victoria

The municipal building surveyor issues a building notice to the owner (not the builder). It gives you 30 days to show cause why the work was done without a permit. After that, the surveyor can issue a building order requiring work to stop, be fixed or be removed.

What happens when you sell

Unapproved work doesn’t stop a sale, but it can cost you during one:

• Buyers’ inspectors and solicitors flag it, and buyers use it to negotiate the price down.
• Some buyers and lenders want it fixed or certified before settlement, which is a rush job at the worst possible time.
• In NSW, buyers can apply for a building information certificate themselves under the contract.

How to put it right

1. Find out what approval it needed. Check our state guides for sheds, decks, fences and retaining walls. Plenty of small structures never needed approval at all.
2. Gather what you have: photos during construction, the kit’s engineering, receipts, any plans.
3. Talk to a private building certifier or your council’s building team before they come to you. They’ll tell you what’s needed: approval for the existing work, changes, or engineering sign-off.
4. In NSW, consider a building information certificate, especially before selling.
5. Fix genuine safety problems first: wobbly posts, missing tie-downs or a deck without balustrades matter more than the paperwork.

Frequently asked questions

Can you sell a house with unapproved structures in Australia? Yes, but buyers will find it in their inspection, and it usually costs you in negotiation or in a rush to get it certified before settlement.

Does a building information certificate make unapproved work legal in NSW? No. It stops the council taking certain action over the work for 7 years, but it doesn’t approve it.

Do I have to respond to a show cause notice in Queensland? You don’t have to, but you have 20 business days and it’s your chance to explain and show you’re fixing it. Ignoring it makes an enforcement notice more likely.

Will my insurance cover an unapproved structure? It depends on your policy. Unapproved or non-compliant work can complicate a claim, so check with your insurer and fix it before you need to claim.

How far back can a council go? There’s no simple “after X years it’s fine” rule you can rely on. Unapproved work stays an issue with the property until it’s sorted out.

Sources

Every rule on this page is taken from these official sources. If a rule has changed, please tell us and we’ll fix it.

1. NSW Planning Portal, Building information certificate
2. QBCC, Understand when you are breaking the law
3. Logan City Council (QLD), Building show cause notice fact sheet
4. City of Melbourne, Respond to a building notice or order
5. City of Greater Geelong, Enforcement process for illegal building work

This guide is general information, not legal or professional advice. Rules differ between states, councils and individual properties, and they change. Confirm with your state regulator or council before starting work, and if in doubt, get a licensed tradesperson.