Shire taking a stance on illegal building works

Published on 04 October 2018

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Mornington Peninsula Shire is cracking down on building works being carried out without a building permit by owners and builders.

Council has introduced a compliance arm to their Statutory Building Unit with the appointment of two investigators and two prosecutors.

The compliance team is responsible for the investigation, enforcement and prosecution of breaches of the Building Act 1993 and the Building Regulations 2018.

Mornington Peninsula Shire Mayor Councillor Bryan Payne said Council works hard to investigate illegal building works to protect the amenity of our beautiful peninsula.  

“A focus for the team will be on the regulation of building works carried out on the Mornington Peninsula without building permits being issued.

“Council has prosecuted seven cases since May 2018 and have another 15 cases listed with the Magistrates Court or are under investigation to ensure inappropriate and illegal building works on the peninsula are ceased. 

“Council takes illegal development in the peninsula very seriously and the penalty reflects the seriousness of the offence,” concluded Cr Payne.

The Magistrates Court have imposed fines of up to $25,000 for undertaking works without a building permit, and is some cases, a criminal conviction has also been imposed on the person undertaking the works.

The Court also has the power to issue injunctions ordering the removal of the building work.

Why do I need a building permit?

  • A permit ensures the structure is built in compliance with the Building Act, Regulations and Building Code of Australia.
  • Statutory inspections are undertaken during the building process to ensure compliance.
  • Appropriate building warranty insurance is in place for the building work to protect current and future owners.

What are the impacts of carrying out building works without a building permit?

  • Council will issue Orders to remove the unauthorised building work.
  • Your household insurance may be invalid.
  • There will be no warranty insurance for the building work.
  • You may be responsible to any future purchaser for non-compliant unauthorised works.

Most building works are required to have a building and/or planning permit.

When undertaking building works use a registered building practitioner and ensure contracts are in place to protect both the home owner and the builder.

Please visit mornpen.vic.gov.au/buildingpermits or vba.vic.gov.au for further information.