Do you need an NCC Compliance Report? (also known as a BCA Report)
Has Council issued a notice of intent and instructed you to apply for a Building Information Certificate (BIC)?
Do you have unauthorised residential building works and want to get it “retrospectively” approved?
Our team is here to provide expert advice and guidance on navigating these processes. We can assist you in understanding the requirements and ensuring compliance with relevant regulations. Please feel free to contact us to discuss your specific situation further and explore how we can assist you.
FAQs
Also known as Illegal building work, includes the construction of a building without first obtaining the appropriate form of approval. This includes the change of use of an existing building.
Some minor works may fall under Exempt Development and generally have a ‘low impact’. These works can include decks, garden sheds, carports and fences BUT many home owners (even some builders) don’t realise a building approval is required.
This can cause problems ranging from unsuccessful property sales, to a demolition order or a fine from council.
National Construction Code. The NCC is Australia’s primary set of technical design and construction provisions for buildings. The current version being 2022.
The NCC is published in three volumes. The Building Code of Australia (BCA) is Volumes One and Two of the NCC and the Plumbing Code of Australia (PCA) is Volume Three of the NCC.
A Notice of Intent to issue a Development Control Order is an important regulatory tool that a council may use in certain circumstances. The notice will cover the intention to give an Order, its proposed terms, the proposed time for compliance, and advise the recipient that they can make representations to the Council as to why the Order should not be given, or regarding the terms of the period for compliance. Types of Orders can include – ‘Stop Use Order’, ‘Stop Work Order’, ‘Demolish Work Order’ and ‘Compliance Order’.
A BIC essentially confirms that the unauthorised works comply with the National Construction Code (NCC) and other relevant standards.
If issued, it ensures that Council will not pursue any action for 7 years. Meaning they cant make you demolish, alter or change the works subject to the BIC.
It also assists with property sales, as potential buyers may request one before the property settles.
Councils usually become aware of non-compliant structures and works through community/neighbour complaints.
Before the council issues any demolition order of the unauthorised building work, you have the chance to obtain approval ‘retrospectively’ in the form of a DA and/or, Building Information Certificate and potentially an Occupation Certificate.
As part of the process, in most cases Council will request an NCC Compliance Report as part of the ‘retrospective approval’ process.
