If you don’t respond to a building notice in time you will be given a building order. Act on your notice quickly. Complying with building orders can cost a lot of time and money.
You can get advice about permits for your intended project from an architect or relevant building surveyor.
Building work must comply with the Building Regulations 2018Opens in new tab and the Building Act 1993Opens in new tab.
Building notices and orders are issued by the Municipal Building Surveyor.
Code of Practice for Building, Construction and Works
The Code of Practice for Building, Construction and Works in the City of Melbourne sets out all safety and amenity requirements when using or impacting public space for any kind of building, construction or general works.
These requirements are intended to protect the public and our property around sites where works are occurring.
Building notices
A building notice identifies compliance or safety issues in a property or building. It is the first step in the enforcement process.
Notices are issued to the owners of a property. They are not issued against the builder, developer or other contractors.
Your building notice will include an explanation of why it has been issued.
You will be asked to justify why your building work should remain. This is called to ‘show cause’.
You can argue your building work complies and can stay as it is. You may choose to outline corrective work.
You should engage a suitable professional, such as a private building surveyor, to help with this.
You will need to get building permits for any corrective work you undertake. Talk to your building surveyor.
You may choose to demolish your non-compliant building work.
Before any demolition, you must inform the Municipal Building Surveyor. Their contact details can be found in your building notice under who the notice is served by.
You may need to fill out further paperwork before the demolition can go ahead.
Building orders
If you don’t respond to your building notice, you will be issued a building order. This is an escalation of the enforcement process. The building order will detail the steps you need to take comply with the order.
There are other building orders that can be issued without a building notice being issued first. These orders are listed below.
If corrective work is considered minor and achievable in a short time, you will be issued a building order minor works.
If it is considered that your work is being undertaken without a valid building permit, you will be issued a building order stop work.
All work needs to stop until the matters in the stop work order are resolved.
If your building work is considered a risk to life or property, you will be issued an emergency order.
You must take immediate action to make the property safe as outlined in your order.
Appeal a building notice or order decision
You can appeal building notice or order decisions.
To find out more visit the Building Appeals BoardOpens in new tab.
