Carry Out Work With No Building Permit

Author: Chelsea Ives

Practice area: Council Offences

Chelsea is a Senior Associate at Doogue + George with broad criminal defence experience across Victorian courts. She has represented clients in matters ranging from driving and assault offences through to jury trials and appeals, including in the Supreme Court of Victoria Court of Appeal.

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Chelsea authored this content and last revised it for accuracy on 7 September 2026.

What is the offence of Carry Out Work Without a Building Permit?

In Victoria, Carry Out Work Without a Building Permit is an offence under s 16(1) of the Building Act 1993 (Vic). It applies where a person or body corporate carries out certain building work without holding the required building permit, unless an exemption under the Regulations applies.

Key points

Prosecution must prove building work was carried out and no building permit was held at the time
Conduct includes constructing, demolishing or removing a building without the required permit
Usual court level: Magistrates’ Court

The maximum penalty for Carry Out Work Without a Building Permit is For an individual: a fine of 500 penalty units ($104,550). For a company: a fine of 2,500 penalty units ($522,750).

Common defences may include honest and reasonable mistake of belief, necessity, lack of intent, sudden or extraordinary emergency, incorrect factual matrix.

Have you been accused of Carry Out Work Without a Building Permit? If yes, it is important that you make time to see one of experienced lawyers to answer some of your important questions.

Interview

Have you been contacted by the Authorities to be interviewed about an allegation of Carrying Out Work Without a Building Permit? It is important to seek legal advice before speaking with the Authorities to make sure you understand your rights. You don’t want to answer questions which may harm your ability to defend the allegations.

An interview is part of the investigation. The investigator can use what you say as evidence to support a case against you. The interview is not an opportunity for you to explain your side of the story. Often the investigator has already decided that they will charge you, regardless of whether you answer any questions or not.

Pleading Not Guilty

If you want to fight this charge, we will work hard to carefully examine the investigation and look for any issues. Something might have been missed, or there might be issues with the evidence the Authorities do have.

Our lawyers take a pro-active approach when representing our clients and will conduct our own investigation and work to get evidence to support your defence.

Pleading Guilty

If you decide to plead guilty to this charge, our experienced lawyers will work with you to best prepare for a plea hearing. Our lawyers might be able to argue that the summary of offending should change because it may not accurately describe what actually happened. Our lawyers can also advise how best to prepare for the plea hearing, including organising character references and supporting materials. This preparation can make all the difference when you ultimately attend Court.

Sentencing

Sentencing in the Magistrates’ Courts of Victoria

Source: Sentencing Advisory Council of Victoria (SACStat), Building Act 1993 (Vic) s 16(1) — 141 charges across 75 cases, Magistrates’ Court, 1 July 2020 – 30 June 2023.

Sentencing outcome	%
Fine	70.2%
Adjourned Undertaking	28.4%
Discharge/Dismissal	1.4%

Which court will the case be heard in?

This is a summary offence and therefore any summons for this charge will be handled by the Magistrates’ Court.

Elements of the offence

The Prosecution must prove the following elements:

The accused has carried out building works as defined in the Act and building regulations; and
During the time when the work was performed, the accused did not have a building permit

What are ‘building works’?
The Act defines ‘building work’ as ‘work for or in connection with the construction, demolition or removal of a building’. Examples of constructing in relation to a building is defined to include work done in connection with the construction, demolition, or removal of a building.¹

Examples of Carrying out work without a building permit

Building an extension without a permit
Demolishing part of a building a load bearing wall without a permit

There are some exemptions that apply:
Schedule 3 of the Regulations lists some building works which can be carried out without a builder’s permit. The following is an example of some of the works:

Building a pagoda as long as it does not exceed the prescribed size
Repair, renewal or maintenance to an existing building structure
Building a car port, garage or shed as long as it does not exceed the prescribed size
Small excavation works

Legislation

The offence of building without a permit is governed by section 16(1) of the Building Act 1993 (Vic).

Defences

Some of the defences to this charge that might be available are:

honest and reasonable mistake of belief
necessity
lack of intent
sudden or extraordinary emergency
incorrect factual matrix

Questions in cases like this

Do you have a permit?
What did you build?
Does what you built exceed the limits prescribed by the Regulations?
Is what you did covered by the exemptions in the Regulations?

Maximum penalty for section 16(1) of the Building Act 1993

The maximum penalty the Court may impose for a charge of Carry Out Work Without a Building Permit (s16(1) of the Building Act 1993) on an individual is a fine of 500 penalty units (around $104,550).

The maximum penalty the Court may impose on a company is a fine of 2,500 penalty units (around $522,750). The sentenced received will depend on the severity of the breach.

Case studies related to Carry Out Work Without a Building Permit

Other Important Resources

SAC Statistics – Building Act 1993 (Vic) : s 16(1) – carry out work without building permit

FAQ About Carry Out Work Without a Building Permit

Can I obtain a permit after building has started?

Retrospective building permits may be sought, but this does not automatically resolve non-compliance. Carrying out building work without a permit can still attract enforcement action even if approval is later obtained, depending on the circumstances and applicable requirements.

What counts as “building work” for this offence?

'Building work” is defined as work for or in connection with the construction, demolition or removal of a building. This offence concerns carrying out that type of work when a building permit is required but was not held at the time the work was performed

Are there exemptions where a building permit is not required?

Some exemptions apply under the Regulations. Schedule 3 lists examples of building works that can be carried out without a builder’s permit, including certain pagodas within prescribed size limits, repair, renewal or maintenance of an existing building structure, certain carports, garages or sheds within prescribed size limits, and small excavation works.

Who monitors and enforces building permit compliance?

Local councils and the Victorian Building Authority are responsible for monitoring compliance. They may investigate alleged breaches and take enforcement action in relation to building work carried out without the required permit.

What issues are commonly examined in these matters?

Typical issues include whether a building permit existed, the nature and extent of the work performed, whether the work falls within an exemption, and whether regulatory thresholds or conditions have been exceeded.

_{[1] Building Act 1993 (Vic), section 3.}

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Carry Out Work Without a Building Permit

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