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

  • To: Andrew Herbig (Impact Building Approvals)

    Registration with Building and Plumbing Commission: BS-L 62668 (Building Surveyor Limited)

  • * 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?*
     - -
  • Have any Building Enforcement Notices/Orders been received?*
  • Scope of services relating to this Appointment

  • 1) Client to provide photos of illegal works and/or working drawings.

    2) Client to provide a copy of any duly served building notice/building order by the relevant council (if applicable).

    3) Impact Building Approvals to obtain property information and services details as required for the subject property.

    4) Impact Building Approvals to carry out a site inspection of subject illegal building works to assess the ‘as built’ works for compliance with the Building Act, Building Regulations and National Construction Code (current edition/s) & planning provisions of the ‘Victorian Planning Scheme’.

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

    6) Provide a preliminary report identifying a regulatory non-compliance summary and confirm outstanding matters to enable finalisation of report for submission to council; including engineer's certification of structural components (ie. – inspection for any insitu concrete footings/slabs/pads, stair & balustrade), energy efficiency reports, design plans etc. 

    7) Identify and if possible, prepare any dispensations or performance solution applications for submission to Municipal Building Surveyor for consideration.

    8) Provide a detailed report of the compliance status of the subject illegal building works and confirm outstanding matters to enable submission to council. The report will include: non-compliant matters, recommendations and a detailed list of required works to bring the building up to compliance; for consideration by the Municipal Building Surveyor in determining an appropriate approval pathway to retain the subject building works and to seek removal of the building notice/building order issued by council (as applicable).

    9) Provide a certificate of compliance where it is identified that the illegal building works fully comply with the regulations at initial inspection.

    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). You are not authorised to conduct any building work until the Municipal Building Surveyor has duly issued a building order or building permit.

    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.

    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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