Unapproved works are not uncommon, whether they result from DIY renovations, changes by previous property owners or projects completed without proper permissions.
Fortunately, if you find yourself with unapproved works on your property, there’s often a path to obtain retrospective approval.
What is Retrospective Approval?
Retrospective approval allows property owners to apply for formal approval after works have been completed without prior (and required) consent.
In NSW, this process can be undertaken for various types of developments, including home extensions, renovations and secondary dwellings, provided they meet current building and planning regulations.
Obtaining retrospective approval validates the work, making it compliant with council standards and safeguarding the property’s value.
In NSW, the process of obtaining a retrospective approval is often referred to as a Building Information Certificate (BIC) application.
When is Retrospective Approval Needed?
Retrospective approval may be required for works completed without a Development Application (DA) or a Complying Development Certificate (CDC). This includes:
- Home Extensions and Modifications: Unapproved room additions, garage conversions or other modifications that expand or alter the original building footprint.
- Secondary Dwellings (Granny Flats): Separate dwellings on the property, such as granny flats that were added without council permission.
- Outbuildings and Sheds: Structures like garden sheds, workshops or pool houses that exceed exempt development standards.
- Minor Renovations and Alterations: Structural changes like new windows, internal walls or alterations that impact the building’s layout or compliance with safety codes.
The Retrospective Approval Process
- Conduct a Preliminary Assessment
Before applying for retrospective approval, conduct a thorough assessment of the unapproved work.
Check if it aligns with current zoning and planning controls, as certain works may not meet the standards required for retrospective approval.
Alternatively, you may have been advised by your local council that you have completed unapproved works that require a BIC. Failure to respond to the council often results in lawful orders being served, instructing you to demolish/return the site to original condition.
Consulting with a professional town planner, such as ApproveAll Town Planning, can help assess your property’s situation and advise on potential options.
- Prepare the Necessary Documentation
Just like a standard Development Application, the retrospective approval process requires detailed documentation to support the application. This may include:
- Architectural Drawings: Floor plans, elevations, and site plans that show the unapproved works.
- Statement of Environmental Effects: A report outlining how the works impact the surrounding environment and meet planning controls.
- Compliance Reports: Structural engineering or fire safety compliance reports, especially for extensive renovations or additional dwellings.
1. Submit the Development Application (DA)
Submit the completed application, including all necessary documentation, to your local council. The council will review the DA as they would for any new project, assessing factors like compliance with zoning requirements, building codes, and environmental impact.
2. Respond to Council Feedback
During the assessment, council planners may request additional information or require modifications to bring the works into compliance.
Prompt responses to these requests can streamline the process. In some cases, changes to the unapproved works may be necessary, so prepare for potential adjustments to ensure compliance.
3. Final Approval and Compliance
If the council is satisfied with the application, you’ll receive formal approval for the works.
However, retrospective approval often comes with specific conditions to ensure the structure meets current standards.
For example, you may need to carry out additional fire safety upgrades, make structural adjustments, or update materials.
Complying with these conditions is essential to complete the approval process and legally finalise the works.
It is important to note that applying for a Building Information Certificate is not a process where success is guaranteed. Speak with ApproveAll town planners in order to understand your likelihood of a successful application.
Common Challenges with Retrospective Approval
While retrospective approval can provide a solution for unapproved works, it’s important to consider potential challenges:
- Increased Scrutiny: Retrospective works may face closer scrutiny to ensure compliance with current codes, which may differ from regulations in place when the work was originally completed.
- Additional Costs: Bringing non-compliant works up to standard can involve additional costs, particularly if structural, safety, or environmental upgrades are required.
- No Guarantee of Approval: Not all unapproved works can receive retrospective approval, especially if they significantly deviate from planning controls. If approval isn’t granted, you may be required to modify or remove the works to restore compliance.
How to Maximise Your Chances for a Successful Application
For the best chance of obtaining retrospective approval, consider these steps:
- Engage with Professionals: Experienced town planners and architects can guide you through the approval process, ensuring your application is comprehensive and meets council requirements.
- Thoroughly Document the Works: Detailed, accurate documentation, including photos, plans, and compliance reports, can strengthen your application and address council concerns.
- Be Proactive with Council: Responding promptly to council requests and maintaining open communication can help streamline the assessment process.
Securing retrospective approval for unapproved works is often possible, but it requires a careful approach to meet all council requirements.
If you’re dealing with unapproved modifications or additions on your property, consulting with ApproveAll Town Planning can provide the guidance you need to navigate the process confidently.
Contact us today to discuss your situation and explore the steps needed to bring your property into compliance.
Contact us at projects@approveall.com.au or give us a call on (02) 8000 9150
