Application for Assessment of Illegal Works
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    APPLICATION FOR ASSESSMENT OF ILLEGAL BUILDING WORKS

  • To: Andrew Herbig (Impact Building Approvals)

  • * Pursuant to Section 248 of the Building Act 1993, a person must not act on behalf of an owner of a building or land for the purpose of making any application, appeal or referral under this Act or the regulations unless the person is authorised in writing by the owner to do so. Penalty: 120 penalty units.

  • Format: 0000-000-000.
  • Ownership details (if the applicant is agent of owner)

  • Property details

  • Municipal district*
  • Building practitioners and/or architects who completed building work or who were engaged to prepare documents for this permit

  • Category/Class*
  • Category/Class
  • Category/Class
  • Nature of building work (Please select all relevant options)*
  • *Note: Under the Building Act 1993 swimming pool is defined to include a spa.

  • Cost of building work

    Note: All costs specified in an application are to be inclusive of GST.

  • When did the illegal building works commence?*
     - -
  • When were the subject building works completed?*
     - -
  • Scope of services relating to this Appointment

  • Part 1 – Carry out a site inspection to assess the ‘as built’ works for compliance with theBuilding Regulations and National Construction Code (current editions) & planning provisions of the ‘Victorian Planning Scheme’.

    Part 2 – Assess documentation submitted in response to building notices / orders issued by council (if applicable) and discuss outcomes with client, relevant consultants and council.

    Part 3 - Issue a ‘statement of compliance’ for the ‘building works’ upon satisfactory justification of the building work being achieved.

    Please Note: If a Building Permit is required to complete the building works, Impact Building Approvals will NOT be able to carry out this function under the Building Act 1993 (as assessment of Illegal works is deemed consultancy to part of the design process).

    FEES - Full payment of fee/s is required prior to attending the site to conduct the inspection. Fees will be provided upon receipt of this application and agreement. Payment of the fee/s completes full acceptance of this application and agreement.

    SCOPE OF WORKS TO BE PERFORMED BY REGISTERED BUILDING SURVEYOR

    Part 1

    • Client to provide photos of illegal works and/or working drawings.
    • Client to provide a copy of any duly served building notice/building order by the relevant council (if applicable).
    • Impact Building Approvals to obtain property information and services details as required for the subject property.
    • Impact Building Approvals to carry out site inspection of subject illegal building works and provide a preliminary report listing regulatory defects, recommendations and a summary of items required to seek removal of the building notice/building order issued by council (as applicable).

    Part 2 

    • Review illegal works documentation as submitted by owner/agent in preparing for certification of documentation to seek removal of building notice/building order as served by council (if applicable).
    • Consider and if possible prepare any dispensations or performance solution applications for submission to Municipal Building Surveyor for consideration.
    • Provide summary report of status of illegal works assessment and confirm  outstanding matters to enable submission to council; including engineer's certification – inspection for any insitu concrete footings/slabs/pads, etc.

    Part 3

    • Review illegal works documentation leading to ‘certification of architectural plans’ for submission to council.
    • Carry out site final inspection to ensure compliance on site as required.
    • Review documentation and final inspection paperwork leading to certification of ‘final inspection’ for submission to council.
    • Seek cancellation of building notice/building order as served by council.

    FEES INCLUDE THE FOLLOWING:

    • Professional consultation (within the scope of appointment).
    • Carrying out an initial site inspection to determine compliance and or non-compliance of illegal building works.
    • Assessment of provided documentation in relation to the Building Notice/ Building Order.
    • Certification of building works design documents (if compliance is achieved). Not certification of inspections (other than a final inspection).

    FEES EXCLUDE THE FOLLOWING:

    • Certification of any concrete footings, slabs or any underground works. A structural engineer must be engaged to provide these requirements.
    • Carrying out any works outside the scope of the role of a consultant building surveyor.
    • Building Permit (if required) for any new building works or rectification of illegal works.
    • Guarantee that the illegal building works as built complies with the building regulations and/or Building Code of Australia.
    • Guarantee that the building notice/building order will be cancelled by council.
    • Preparation of any ‘design documents’.

    OTHER SERVICES TO BE PROVIDED OR OTHERWISE REQUIRED & APPLICABLE FEES

    Obtaining property information & services details $Cost + Admin Fee
    Title Searches, etc $Cost + Admin Fee
    Photocopy / Correspondence $Cost + Admin Fee
    Preparation of performance solutions or dispensation $600+ GST
    Administration $80+ GST per hour

    CONDITIONS

    • Impact Building Approvals reserves the right to charge any additional fees that may be applicable at any stage through the process of considering illegal works.
    • Where additional building works are required such as rectification or completion of illegal works, a new building permit will be required to be issued prior to starting works. An independent Building Surveyor will need to be
      engaged for the Building Permit.
    • Each council may have a different approach to satisfying illegal works as built. Impact Building Approvals will not be held responsible for council decisions and interpretation of the building regulations in relation to satisfying a building notice/building order.
    • Impact Building Approvals may refuse to carry out any further assessments at any time in writing.
    • It is not the responsibility of Impact Building Approvals to chase compliance of the building notice/building order as served by council. This responsibility lies solely with the property owner/agent of the property owner.
    • After a period of 6 months this agreement may be terminated by Impact Building Approvals if no substantial progress has been made by the client in resolving any issues or matters in relation to complying with the Building Notice/Building Order issued by the Municipal Building Surveyor. A new fee proposal and agreement will be required.
    • Impact Building Approvals are not responsible for any government legislation that may change the process of assessment of illegal works that is introduced after the date of this agreement.
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  • Date*
     - -
  • Impact Building Approvals
    P.O Box 443,
    Wodonga VIC 3689
    ABN:65 447 239 743

    (p): 0410 297 573
    admin@impactba.com.au

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