Unauthorised works or use on my property
Unauthorised works surface in many ways: a complaint, a council inspection, a sale falling over, or a new owner discovering that a structure was never approved. New South Wales law provides genuine pathways to regularise what exists, but it also gives councils strong enforcement tools, and the order in which you act matters.
- Jurisdiction
- New South Wales
- Page type
- Situation guide
- Timing
- Time-sensitive
On this page
This page may be relevant if:
- Council has raised unapproved works or an unapproved use
- You discovered unauthorised works when buying or selling
- You have been asked for, or need, a building information certificate
- An order, penalty notice or enforcement threat has arrived
What this usually means
- Carrying out development without the required consent, or using land contrary to an approval, is a breach of the Environmental Planning and Assessment Act 1979 and can attract orders, civil enforcement and prosecution.
- A building information certificate can generally protect an existing building from demolition or rectification orders for a period, but it does not approve a use and does not authorise further work.
- Depending on permissibility, a development application can sometimes regularise the retention and continued use of unauthorised works; where the use is prohibited, the options narrow considerably.
- Councils can issue development control orders requiring works to stop, be altered or be demolished, and any person can seek civil enforcement of a breach in the Land and Environment Court.
What commonly matters
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What exists and what was approved
The gap between the approvals held and the works or use on the ground defines the whole matter, and it needs to be established precisely from the records.
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Certificate or consent first
A building information certificate and a regularising application do different jobs; sequencing them well is often the difference between a smooth path and a refusal.
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Responding to orders
A notice of intention carries a representations window that is a genuine opportunity, and compliance dates run whether or not you agree.
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Sale and purchase exposure
Unauthorised works affect value, insurance and contract risk; both vendors and purchasers need the position stated accurately.
How we help
- Establish the approval history and the true extent of any breach
- Advise on building information certificates and regularising applications
- Prepare representations and responses to orders
- Defend enforcement proceedings and negotiate practical outcomes
Related reading
- Planning and development Land and Environment Court planning appeals in regional NSW How Land and Environment Court development appeals from regional NSW work: the appeal right, Class 1 procedure, local evidence, panels and costs.
- Planning and development Development application refusals in NSW: review, appeal and next steps The evidence, timing and procedural choices that shape a review, Class 1 appeal or fresh application after a NSW development refusal.
- Planning and development Share or asset sale? Planning and environmental due diligence in NSW How NSW consents, environment protection licences, contamination duties, water licences and Commonwealth EPBC approvals carry through a share or asset sale.
This page is general information only and is not legal advice. It may not be current, and how the law applies depends on the specific facts. For advice on your situation, contact Stone & Pillar Legal.
Frequently asked questions
General information only, not legal advice. The position depends on your circumstances.
What does a building information certificate actually do?
A building information certificate under the Environmental Planning and Assessment Act 1979 (NSW) generally prevents the council, for a period, from ordering the demolition, alteration or repair of the building matters the certificate covers. It is a shield for the existing structure rather than an approval: it does not authorise the use of the building and it does not permit further work. That distinction drives strategy, because many matters need both a certificate for the built fabric and a separate consent covering the use, and the sequence in which they are sought can affect the outcome.
Can unauthorised works ever be approved after the event?
Often, in effect, yes. Where the use is permissible in the zone, a development application can generally seek consent for the retention and continued use of the unauthorised works, usually supported by certification addressing the standard of the construction. Where the use is prohibited, that pathway is not available and the options narrow to what the planning framework and negotiation with the council can achieve. Establishing permissibility, and the gap between what was approved and what exists, is therefore the first step in almost every matter of this kind.
Council has issued a notice of intention to give an order. Does responding matter?
Yes, the notice stage is usually the best opportunity in the whole process. A notice of intention generally sets out the proposed order and gives a period for representations before any order is made. Representations that engage with the council's concerns, propose a realistic regularisation pathway and set a credible timetable frequently change the order that is ultimately given, or avoid one altogether. Once an order is made, compliance dates run and the appeal window opens, so the earlier, less formal window is worth using well.
Related situations
- Council & regulatory Council issued an order Respond effectively to notices of intention, orders, stop-work issues, compliance action and enforcement risk.
- Planning & development My DA was refused Understand your appeal options, evidence needs, deadlines and the Land and Environment Court pathway.
- Planning & development I need planning due diligence Identify planning controls, approval pathways, constraints, environmental risks and feasibility before committing.
Where to start
Unauthorised works or use raised on your property?
A preliminary review can identify the decision, the material available, any stated date and the questions requiring legal or expert assessment.
No charge · Not legal advice
A preliminary call is a short conversation to check whether we can help, at no charge, and not legal advice. Please don't send confidential or time-sensitive material until we confirm in writing that we can act.