An inspection of the property and buildings is carried out to ascertain if a building permit would have been required.

If a building permit was required for the construction the Municipal Building Surveyor (MBS) will serve a Building Notice on the owner of the property.

Owners options

Option 1

1. Respond in writing to the Building Notice and request the building work to be allowed to remain.¹ Refer to our illegal building works page
2. Building Surveyor to assess your proposal and advise in writing of any further information required and/or provide a report/recommendations
3. Report/Recommendations submitted to the MBS for determination. A Building Order may be issued to carry out work.
4. Work completed as per Building Order and final inspection carried out by Council.
5. Letter to Owner advising Building Order is cancelled and works Built Without a Permit Allowed to Remain.
6. No further action. Illegal building work brought into conformity with the Building Regulations 2018.

Option 2

1. Respond in writing to the Building Notice with advice the illegal building work will be demolished.
2. Council will assess your proposal and issue a Building Order to carry out the demolition work.
3. Demolition completed within the time frame of the Building Order and inspected by Council.
4. Letter to Owner advising Building Order is cancelled.
5. No further action. Illegal building work brought into conformity with the Building  Regulations 2018.

Option 3

1. Appeal the Building Notice (see information on reverse of the Notice).
2. You must lodge appeal with the Building Appeals Board (BAB) within 30 days of receipt of Notice and advise Council in writing of same.²
3. Appeal heard by the BAB and decision handed down. BAB advise Owner and Council in writing.
4. BAB appeal dismissed. Refer back to Owner’s Option 1 or 2.
5. BAB appeal upheld. No further action.
6. No further action. Illegal building work brought into conformity with the Building Regulations 2018.

Option 4

1. Owner does not respond to the Building Notice
2. Council will issue a Building Order for demolition of the illegal building work.
3. Demolition of illegal work not carried out. File referred to Council’s Solicitor for prosecution.
4. Prosecution via Magistrate’s Court Court Order to demolish and costs plus fines (fines up to $300 000).
5. Court Order complied with and inspected by Council Building Order cancelled via letter to the Owner.
6. No further action. Illegal building work brought into conformity with the Building Regulations 2018.

Please note:

• This information is to be used as a guide only for the owner.
• This document remains the property of and must not be reproduced without the written permission of the City of Greater Geelong Building Services Department.

Flowchart version

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