Regularisation of Unauthorised Use & Structures
Building work or a use that went ahead without approval can usually be brought into the system - through a building information certificate, a retrospective development application, or both. The important thing is timing. Regularising voluntarily is dramatically cheaper and lower-risk than responding to a council order or a fine, and councils treat the two situations very differently.
Free consultation
- 6–12 weeks depending on what was built
- From $2,400 + GST
- Quoted fixed after a free scope check
What we see most often
Alfresco areas, pergolas and patio roofs. Carports and garages. Granny flats and studio conversions. Bathrooms and second kitchens. Decks and retaining walls. Converted garages used as habitable rooms. And on the use side, businesses operating from residential premises without approval.
Why now is cheaper than later
There is also the sale problem. Unapproved structures surface during conveyancing, and they either kill the sale or cost you at the negotiation. Regularising on your own timeline is far better than doing it under a contract deadline.
What council needs to see
For the building work: measured drawings of what actually exists, and certification from an appropriate professional that it is structurally adequate and meets the relevant standards. For the use: the same planning case any application needs.
Where the work does not comply with a control, that becomes a variation argument - which is the normal work of a DA, not an exotic problem.
How it works
Confidential assessment
Same day
Tell us what was built or what use is running. No judgement, nothing reported.
Instrument selection
3–5 days
We determine whether a building information certificate, a retrospective DA, or both are required.
Documentation
2–4 weeks
Measured drawings, structural certification and the planning case for the work as built.
Lodgement and resolution
6–12 weeks
Lodged and managed, including any response to an existing notice.
What we take off your hands
What EHUP handles
- A confidential assessment of what was built and what the exposure actually is
- Choosing between a building information certificate and a retrospective DA
- Structural and building certification where council requires it
- Preparing and lodging the application
- Responding to a notice, order or complaint on your behalf
What you don't have to deal with
- Doing nothing and waiting to see whether council follows up
- Writing to council in detail before you know where you stand
Frequently asked questions
Will council make me demolish it?
Demolition orders happen, but they sit at the far end of the range and are usually reserved for structures that cannot be made to comply at all, or for owners who ignored council entirely. The far more common outcome for someone who comes forward is approval with conditions, sometimes with modifications to the structure. Engaging early is the single biggest factor in which outcome you get.
What is a building information certificate?
It is a certificate under which council effectively agrees not to take enforcement action about existing building work, provided the work is satisfactory. It does not approve the use - that may still need a development application. Which instrument applies, or whether both do, depends on what was built and how it is being used.
Is it cheaper to just wait?
No, and this is the most consistent pattern we see. Waiting means the matter reaches council through a complaint or a sale, at which point it is enforcement rather than an application, penalties are on the table, and your options narrow. It also blocks a sale - unapproved structures surface in conveyancing.
Is this conversation confidential?
Yes. Nothing you tell us on a first call is reported to council. We are working out where you stand and what the options are. Nothing is disclosed to council until you have decided to lodge and have read exactly what is being said.
Related services
Development Application (DA)
A Development Application is the merit-assessed approval pathway.
Residential Council Approval
Most residential developments do not need a full Development Application.
Home Business Approvals
Most home-based businesses can be approved.
Why clients choose EHUP
- 10+
- 250+
- 14
- 1
Not sure which approval you need?
Tell us the address and what you want to do. We'll help identify the appropriate planning pathway, whether it is exempt development, complying development or a full DA. Your first conversation is free.