Retrospective council approval for building works can be a long and complicated process. However, working with a professional building designer can avoid the need for retrospective approval altogether.
What is retrospective council approval, and why do you need it?
Before starting your building works, including dual occupancies, it is essential to ensure that your building complies with pre-determined development standards. This can be a tricky process that requires immense attention to detail and accurate paperwork. Seeking CDC approval ensures your development meets the highest compliance standards, making the process smooth and stress-free.
If this is not done, retrospective approval must be granted through submitting a Building Information Certificate (BIC). Retrospective council approval involves assessing such structures after construction. It is important to remember that it’s better (and cheaper) to put in that extra effort before breaking ground, as retrospective approval of a structure can be costly and costlier than doing so before building works.
What is a Building Information Certificate (BIC):
A Building Information Certificate (BIC) provides information about important characteristics of a building, such as geometry, fire safety, materials used and services installations. Obtaining a BIC ensures that key information regarding a property or project follows relevant NSW regulations. Owners and operators can use the certificate to demonstrate compliance with government environmental requirements, while builders will gain assurance when constructing projects. With an overarching goal of helping provide safer and compliant buildings for all occupants, a BIC is an invaluable addition to any building construction project in NSW.
When development consent or a construction certificate cannot be obtained for an already erected building, a BIC application may offer the only plausible solution to regularise unauthorised works. Furthermore, any legal action taken regarding the deterioration of said structure is excluded from council orders and proceedings 7 years following the issuance of this document.
Our expertise and experience can help with complying development certificates in Sydney, including applying for retrospective approval if necessary. We will work hard to ensure everything is in order – so you don’t have to!
The consequences of not having council approval
If you want to build or develop in any residential or commercial area of NSW, complying with the rules set forth by the law is essential. These rules may be subject to change, so it is important to engage with professional building designers who stay up-to-date and research local regulations regularly. When submitting a complying development application, detailed drawings that comply with minimum requirements must also be included; with this, you can ensure your project meets the expectations of safety and quality set out in legislation.
In New South Wales (NSW), projects require approval of Complying Development Certificate (CDC) and Development Application (DA) before commencement. Without such approval, serious consequences may follow, including enforcement action, stop-work orders and fines. Therefore, it is essential to ensure any building projects in NSW comply with state laws and regulations before commencing any work.
Failing to seek retrospective council approval can lead to significant fines or possible legal action, meaning ensuring your project complies with all relevant authorisations beforehand is essential.
How to obtain council approval for building works after building
- Understand the requirements for retrospective council approval
When seeking retrospective council approval for building works, it is paramount to understand the regulations and specific requirements. It is wise to research and become informed of such regulations before continuing with any construction project.
- Gather all the necessary documentation
Gathering all the necessary documentation for building approval in Sydney is an important – but often overlooked – step of the planning process. Ensuring all the required paperwork is correctly completed before submitting it to council can significantly reduce effort, fees and frustration in the long run. Whether it’s professional plans, complying development forms or due diligence checklists, taking care when collecting everything together will give you the best chance of council approval for your building works.
- Submit the application form for BIC and supporting documentation
Submitting the application form and supporting documentation is crucial in navigating regulatory requirements swiftly. It’s a critical step in providing important information needed for retrospective council approval. We work alongside you to ensure that all details are accurate and thorough before submitting. Doing due diligence upfront will help provide smooth sailing for your development project in the future.
- Follow up with the council to ensure your application is being processed
The process of seeking retrospective council approval for building works can take time and effort. Homeowners and investors often need more support with the complexity of the planning system. As part of a successful outcome from the application, we consistently follow up with the council to ensure your application is being processed promptly. As well as helping you stay in control and informed about progress, regular contact helps to resolve any issues quickly.
- Be prepared to make changes to your plans if required by the council
While planning out your build or renovation project, it’s important to be aware that you may need to make specific changes to the plans if the council requires them. The planning system is complex and local governments have regulations, so we inform you before submitting your application. With ES Design, properly preparing and working with the council beforehand will save a lot of time and stress in the long run.
- Appeal the decision if you are not satisfied with the outcome
If an application for building works is unsuccessful and homeowners or investors feel their appeal has been wrongly denied, there are avenues to follow. Suppose a retrospective council approval has been applied for, and the decision is not satisfactory to those involved. In that case, it’s possible to launch an appeal with the relevant local council to contest that decision. With knowledge of how the system works, appealing a decision can be achievable with ES Design – but it also comes with complexity and waiting periods.
As tedious as the process may seem, navigating these complex waters with ES Design can fill you with a sense of accomplishment once your building works are approved. Our team will give you confidence in taking on further building projects with hindsight, knowledge and experience – something that many applicants neglect when submitting their application without our help.