This is a case study on a council offence related to carrying out building works and the alleged absence of permit to be able to do so. The client was charged in their personal capacity as well as a company that owned the dwelling for the alleged failure to obtain a building permit.
What was alleged to have occurred?
Our client was the Director of a company. The council charged the client in their personal capacity, and also charged the company which owned the dwelling as the corporate accused. The premises that was the subject of the charge was a detached dwelling in the General Residential 1 Zone of a Bayside municipality.
It was alleged that a building permit that had been issued several years ago for the construction and additions to the rear of the dwelling had required the works to be conducted within a defined period of time. A building inspector attended the premises for the purpose of a compliance check. It was discovered that the client had performed a significant amount of additional construction work which the council alleged did not form part of the permit. These included a front balcony, a front deck, an internal staircase, a laundry, ensuite with bedroom extension and several other areas which were demolished and extended. The client admitted that they were aware that their original building permit had expired. They indicated that they intended to obtain retrospective certification of the works but that the process had not been initiated as yet.
What happened at Court?
The lawyer went through each of the allegations methodically and sought the client’s explanation. Through that process, it became apparent that much of the work conducted were simply repairs to the existing structure and were done for safety purposes.
They had consulted a builder and believed that a permit was not required in the circumstances. Although they were mistaken about their obligations to obtain a permit for some of the works, the lawyer was able to produce pictures and plans from the original dwelling to demonstrate the true nature of much of the new construction. This resulted in several charges being withdrawn.
On a plea of guilty, the lawyer highlighted the client’s lack of prior criminal history, their personal circumstances which included them being very family-oriented who had a strong work ethic, and also made submissions on the relevant legal principles that applied in the case. The client had taken real steps to rectify the issues which were identified and were committed to ensuring the dwelling was safety compliant. To that end, the client signed injunction which required them to demolish some of the unauthorised works and undertake additional repairs to make the work compliant with safety regulations.
Failing to obtain a permit for building works is considered to be a serious offence by the Council due to the safety issues which can arise from unauthorised works. The maximum penalty for these charges is 500 penalty units for an individual (approximately $96,000) and 1,200 penalty units for a corporation (approximately $230,000).
What was the result?
The Magistrate considered all of the submissions and material placed before the Court. The client was ultimately fined $5,000. There was no conviction recorded. This was an excellent result for a charge of failure to obtain building permit considering the circumstances of the client.
DISCLAIMER: This is a real case study of an actual case from our files. Details pertaining to the client have been changed to protect their privacy. The sentence imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible tariffs in Court. We do not guarantee a similar case on these charges will get the same result. Please note that we post results at our discretion, therefore while many case studies are average results, others are notable for their exceptional outcomes. PUBLISHED 18/11/2024
