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Unauthorised Building Works

Unauthorised building work can vary from very minor technical breaches where there is little or no environmental harm to blatant breaches of environmental laws aimed at securing outcomes where approval would never have been granted had the proper application been made.

While Council attempts to be proactive in identifying unauthorised work, we rely heavily upon the public to make complaints and to provide evidence to assist Council in taking enforcement action.

Enforcement action, if necessary may include:

  • Notices and Orders requiring the offender to do or refrain from doing something
  • Prosecution for criminal offences
  • Fines (Penalty Infringement Notices)
  • Deeds of Settlement (Agreements as to what will happen to avoid or settle Court proceedings)
  • Injunctions to restrain or remedy serious breaches (Court Orders)

Council does not have unlimited resources and must exercise discretion when deciding how to deal with unauthorised work, taking into account all relevant information including the available evidence, cost to the community of any action, the circumstances of the individual case and public policy and precedent considerations.

Having trouble with unlawful development activity?

Monitoring of building sites

One of the duties of Council's Building and Development Compliance Unit is to monitor building sites to ensure the sites are not polluting the environment, including noise, air and water pollution. Sand, soil, cement slurry and other building materials that enter our waterways can kill aquatic flora and fauna, silt up streams and block storm water pipes, which can lead to increased flooding.

All development sites must comply with Council's Environmental Site Management Policy.

The Do It Right On Site fact sheets are available from the Southern Sydney Regional Organisation of Councils (SSROC) website

Inadequate Sediment Erosion Controls

No Sediment Erosion Controls

The Protection of the Environment Operations Act provides Council with the legislative powers to issue notices and infringements for practices that are or have the potential to contaminate the environment.

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