How a Building Surveyor Can Help Resolve Illegal Building Works in Victoria

January 29, 2026

Discovering that building work on your property is illegal or unapproved can be stressful. Many Victorian property owners only become aware of the issue when selling, renovating further, or after receiving a council notice. The good news is that illegal building works don’t always mean demolition or major penalties.

In Victoria, a registered building surveyor plays a critical role in assessing illegal works, identifying compliance pathways, and helping property owners resolve issues with minimal disruption. With the right advice early, many matters can be regularised efficiently and lawfully.

What Are Illegal or Unapproved Building Works in Victoria?

In Victoria, building work is generally considered illegal when it has been carried out:


  • Without a building permit
  • In a way that does not comply with the Building Act 1993 (VIC) or Building Regulations 2018
  • Contrary to the approved permit and plans
  • Without required inspections or certification


Illegal or unapproved works often include:


  • Extensions, decks, or verandahs built without permits
  • Structural alterations (e.g. removing load‑bearing walls)
  • Garage or shed conversions into habitable spaces
  • Commercial fit‑outs completed without approval
  • Fire safety upgrades not installed or certified
  • Change of use without compliance upgrades


Many of these works are done unintentionally, particularly by previous owners or unlicensed builders.

What Are Illegal or Unapproved Building Works in Victoria?

Illegal building works are often uncovered during:


  • Property sales and conveyancing checks
  • Building and pest inspections
  • Insurance claims
  • Council complaints or neighbour reports
  • Renovation permit applications
  • Fire safety audits (commercial buildings)


Once identified, councils or the Building and Plumbing Commission (BPC) may require the owner to demonstrate compliance.

Risks of Ignoring Illegal Building Works?

Failing to address illegal building works in Victoria can have serious consequences.

Potential Risks Include:?

  • Building Notices or Building Orders issued by council
  • Fines or prosecution under the Building Act
  • Orders to rectify or demolish non‑compliant work
  • Delays or failures in selling or refinancing a property
  • Insurance policies being voided
  • Increased safety and liability risks


Importantly, responsibility usually rests with the current property owner, even if the work was done years earlier.

How a Building Surveyor Can Help Resolve Illegal Building Works

A registered building surveyor is the key professional who assesses compliance and guides property owners through lawful resolution pathways.

1. Assessing the Existing Building Works

A building surveyor will:



  • Conduct a detailed site inspection
  • Review existing structures against current building standards
  • Identify non‑compliances with the Building Code of Australia (BCA)
  • Assess structural adequacy, fire safety, accessibility, and health requirements


This assessment provides clarity on what can remain, what must be upgraded, and what cannot be approved.

2. Advising on the Best Compliance Pathway

Once the assessment is complete, the surveyor will advise on available options, which may include:



  • Applying for a retrospective building permit
  • Undertaking rectification works to achieve compliance
  • Seeking a Building Information Certificate from council
  • Partial removal or modification of non‑compliant elements


Not all illegal works require demolition. In many cases, targeted upgrades can bring the work into compliance.

3. Managing Retrospective Building Permits in Victoria

In Victoria, retrospective approval is often possible where:


  • The work substantially meets current regulations
  • Compliance can be demonstrated through reports and inspections
  • Necessary upgrades can be practically completed


A building surveyor can:



  • Prepare or review retrospective documentation
  • Coordinate engineering reports and fire safety assessments
  • Issue the building permit once compliance is demonstrated
  • Conduct mandatory inspections


This process can be complex, but professional guidance significantly improves success rates.

4. Liaising with Councils and Authorities

Building surveyors regularly liaise with:


  • Local councils
  • The Victorian Building Authority (VBA)
  • Fire authorities and engineers


They assist by:


  • Responding to Building Notices and Orders
  • Clarifying regulatory requirements
  • Managing timelines and documentation
  • Reducing the risk of escalation or enforcement


This advocacy is invaluable when dealing with compliance matters under pressure.

5. Issuing Compliance and Occupancy Certification

Once works are compliant, a building surveyor may issue or facilitate:



  • Certificate of Final Inspection (for alterations/extensions)
  • Occupancy Permit (where required)
  • Supporting documentation for council or conveyancers


These certificates are often essential for property sales, leasing, or refinancing.

Why Engage a Building Surveyor Early?

Early engagement with a building surveyor can:



  • Prevent costly enforcement action
  • Reduce rectification costs
  • Clarify your legal position
  • Avoid unnecessary demolition
  • Improve approval outcomes
  • Provide peace of mind


Delays often make matters more complex and expensive.

Why Choose Code HQ?

Code HQ provides expert building surveying and compliance advisory services across Victoria, supporting property owners through complex and sensitive compliance issues.



What Sets Code HQ Apart:


  • Deep understanding of Victorian building legislation
  • Extensive experience with illegal and non‑compliant works
  • Practical, solution‑focused advice
  • Strong relationships with councils and consultants
  • Clear communication at every stage


Whether you’re dealing with a minor unapproved structure or a complex compliance issue, Code HQ helps you move forward with confidence.

Final Thoughts: Illegal Building Works Can Often Be Resolved

Illegal building works don’t have to be a dead end. With professional assessment and the right compliance strategy, many issues can be resolved efficiently and lawfully under Victorian regulations.


The key is early, expert advice.

Speak to Code HQ

If you’re concerned about unapproved or illegal building works in Victoria, contact Code HQ to speak with an experienced building surveyor and understand your options before the issue escalates.

Frequently Asked Questions: Illegal Building Works in Victoria

Can illegal building work be approved after it has been completed?


Yes, in many cases illegal building work can be approved retrospectively. A registered building surveyor can assess whether the work complies (or can be made to comply) with current building standards and advise whether a retrospective building permit or other compliance pathway is available.


Will I have to demolish illegal building work?


Not always. Demolition is usually a last resort. Many unapproved works can be resolved through rectification works, engineering certification, or compliance upgrades. A building surveyor can determine what is realistically achievable under Victorian regulations.


Who is responsible for illegal building work—the current or previous owner?


In most cases, the current property owner is legally responsible, even if the work was carried out by a previous owner. This is why unapproved works often become an issue during property sales or refinancing.


What happens if council issues a Building Notice or Building Order?


A Building Notice or Order requires the owner to respond within a set timeframe. A building surveyor can help you:


  • Understand the notice or order
  • Prepare a formal response
  • Identify compliance options
  • Manage inspections and documentation


Early professional involvement can prevent escalation and penalties.


What is a Building Information Certificate (BIC)?


A Building Information Certificate is issued by a Victorian council and can provide protection from future enforcement action for certain existing works. It does not confirm full compliance but can be useful for older or low‑risk unapproved structures. A building surveyor can advise whether this option is suitable.


Do illegal building works affect insurance?


Yes. Insurance claims may be reduced or rejected if damage relates to unapproved or non‑compliant works. Resolving illegal building works and obtaining appropriate certification helps protect your insurance position.


Can illegal building works affect selling my property?


Yes. Unapproved works can delay or derail property sales, reduce value, or require rectification before settlement. Buyers often request evidence of approvals or compliance certificates. A building surveyor can help resolve issues before they impact the sale.


How long does it take to resolve illegal building works?


Timeframes vary depending on the complexity of the works, council involvement, and required upgrades. Some matters can be resolved in weeks, while more complex cases may take several months. Early assessment helps minimise delays.