Illegal Building Works in NSW: How As-Built Plans Can Help With a Building Information Certificate
Discovering that a building, extension, garage, shed, granny flat or other structure on your property was constructed without the required approval can be stressful. It can also create problems when you want to sell, refinance, renovate or obtain approval for further building work.
In NSW, these situations are commonly described as unauthorised building work or illegal building work. Depending on the circumstances, there may be options available to document the existing structure and address the issue with the relevant council.
One option that property owners may consider is applying for a Building Information Certificate (BIC).
A critical part of this process is establishing exactly what exists on the property. This is where accurate as-built plans can be extremely valuable.
What Is Illegal or Unauthorised Building Work?
Building work may be considered unauthorised where construction or alterations have been carried out without the required development consent, construction certificate, complying development certificate or other approval.
Examples can include:
Extensions constructed without approval
Enclosed balconies or alfresco areas
Garages converted into living areas
Unapproved granny flats or secondary dwellings
Sheds and outbuildings
Retaining walls or other structures
Alterations to existing buildings
Additional rooms or floor areas
Unapproved changes to the use of a building
Structures that differ substantially from previously approved plans
The fact that a structure has existed for many years does not necessarily mean that it has been formally approved.
This can become particularly important when a property changes ownership or when the owner wants to carry out new development.
What Is a Building Information Certificate?
A Building Information Certificate (BIC) is an application made to a local council concerning the building work that currently exists on a property.
A BIC can be used in circumstances where a property owner wants council to assess existing building work and determine whether a certificate can be issued in relation to that building.
The process is different from applying for approval to construct a new building.
Instead of asking council to approve a proposed building, the application deals with the existing building or structure as it currently stands.
A BIC may be relevant where there are concerns about existing unauthorised building work and the owner wants to establish the regulatory position of the existing structure.
Importantly, a BIC should not be thought of as an automatic way of legalising unauthorised construction. Council may require additional information, inspections, reports or other documentation before determining the application.
Why Accurate As-Built Plans Are Important
One of the first questions that needs to be answered when dealing with unauthorised building work is:
What is actually there?
Older properties can be particularly difficult to document. Existing drawings may be missing, outdated or substantially different from what has actually been constructed.
For example, council records might show an approved garage, while the property currently contains an enclosed room with windows, insulation, electrical services and a different internal layout.
Alternatively, an old survey might show one outbuilding while several structures now exist on the property.
This is where an as-built survey and accurate architectural drawings can provide a clear record of the existing conditions.
Depending on the project, as-built documentation may include:
Existing site plan
Existing floor plans
Existing roof plan
Elevations
Building sections
Site levels and RLs
Internal room layouts
Door and window locations
Building dimensions
Areas and floor levels
Existing structures and outbuildings
Relevant fire safety measures
Other information required for the particular application
The objective is to document what is physically on the site, rather than what was originally intended to be constructed.
As-Built Plans vs Approved Plans
It is important to understand the difference between approved plans and as-built plans.
Approved plans show what was approved by a council or certifier.
As-built plans show what is actually there today.
These can be very different.
A building may have been altered after approval, an extension may have been constructed differently from the approved drawings, or additional structures may have been added over time.
For this reason, simply submitting old approved plans may not provide an accurate representation of the current property.
Where existing building work is being investigated, accurate as-built documentation can help establish the scope, dimensions and configuration of the structures that are actually present.
How Are As-Built Plans Prepared?
The first step is generally a site inspection.
At Design Draft Studio, we can document existing buildings using detailed site measurements and, where appropriate, LiDAR/laser scanning technology.
This allows the existing building to be captured in three dimensions before the information is converted into accurate CAD drawings.
Depending on the project, the resulting documentation can include floor plans, elevations, sections and site plans showing the existing building conditions.
This approach can be particularly useful for properties where:
Existing plans cannot be located
Council records are incomplete
Previous owners carried out building work
The existing building differs from approved drawings
Multiple structures exist on the property
The owner is unsure what was originally approved
The property contains older or undocumented alterations
What Happens After the As-Built Plans Are Prepared?
As-built plans are supporting documentation, not a substitute for the BIC application itself.
The appropriate process will depend on the property, the nature of the unauthorised work and the requirements of the relevant council.
A property owner may need to engage other consultants as part of the process. Depending on the circumstances, this could include a building surveyor, structural engineer, town planner, bushfire consultant, private certifier or other specialist.
The council may also request additional information or documentation before determining the application.
Design Draft Studio can assist with the existing-condition architectural documentation, giving you an accurate set of drawings to use as part of the broader process.
Why Deal With Unauthorised Building Work?
Leaving unauthorised building work unresolved can create difficulties later.
Issues may arise when:
Selling a property
A prospective purchaser, conveyancer, solicitor or lender may identify discrepancies between the property and council records.
Refinancing
A lender may require clarification about undocumented or unauthorised structures.
Carrying Out New Building Work
New development applications can expose discrepancies between existing approved documentation and the building that is actually on the site.
Obtaining Insurance
Accurate information about the existing building can be important when dealing with insurers and property-related claims.
Resolving Council Concerns
If council has raised concerns about existing structures, accurate documentation can help establish exactly what is present on the property.
Don't Guess What Was Built — Document It
If you have purchased a property and discovered that an extension, garage, shed, granny flat or other structure may not have been approved, the first step is to establish the facts.
Before considering what approvals may be required, it is useful to understand:
What was approved?
What was actually constructed?
What exists on the site today?
Accurate as-built drawings provide a documented starting point for answering these questions.
Need As-Built Plans for Unauthorised Building Work?
Design Draft Studio provides as-built drafting and existing-condition documentation for residential and other properties across Sydney and NSW.
We can attend the property, measure and document the existing building, and prepare accurate CAD drawings showing the current conditions.
Where appropriate, we can also use LiDAR/laser scanning to capture complex buildings and structures efficiently and produce detailed existing-condition documentation.
If you are dealing with an unauthorised extension, unapproved structure, undocumented renovation, Building Information Certificate or council compliance issue, contact Design Draft Studio to discuss the documentation required for your property.
Accurate drawings start with accurately documenting what is actually there.