Compliance and Enforcement

All building work around the Launceston municipality must comply with regulations, in order to maintain standards and ensure safety.  

Illegal building work is building work not in compliant with the Building Act. This could occur because the work does not comply with the Building Permit or it has been carried out without a permit.

Sometimes the current owner of a building may not be the owner who carried out the illegal building work. However, the fact remains that the building is illegal and does not benefit from a Certificate of Completion. It is understandable that in such circumstances authorised persons may wish to make it as easy as possible for the current owner to resolve the situation. The Act, however, provides no such short cuts. Sections 170 and 171 (and related sections) are quite specific about the required process. 

Under section 171, which relates specifically to building without a permit, it is the general manager’s duty to initiate the enforcement process. It is important to realise that illegal building does not relate just to the building provisions of the Act; an illegal building will almost certainly have been constructed without a plumbing permit, a special plumbing permit or a planning permit, so there is likely to be a range of issues for a council’s General Manager to consider prior to determining appropriate action. 

Conversely, there will be instances where the nature and extent of the illegal building work may be such that the general manager will be prepared to grant a Building Certificate to the effect that no action will be taken. 

Please contact our Permit Authority for more information. 

If illegal building work has occurred, below are the processes and accompanying forms which need to be addressed:

Normal process (where no work has commenced as yet)          

  • Form 11 - Certificate of Likely Compliance issued by Building Surveyor and presented to Permit Authority with:
  • Form  2(DOCX, 31KB) - Application for Building Permit  and/or         
  • Form  3(DOCX, 27KB) - Application for Plumbing Permit (where plumbing work is included in job)          

 Specified Processes: Permit to Proceed or Permit of Substantial Compliance

As far as is practicable, the process is equivalent to the normal building permit process and starts with the owner obtaining a certificate from a building surveyor. These certificates may have conditions attached. The Act does not provide for such certification unless it is as a result of a building order by the general manager under section 171. Owners who have not received the appropriate building order from a general manager but who approach a building surveyor for such certification should be advised to initiate the process with the council’s permit authority.

Proceed process (where work has commenced illegally and is incomplete or 'finished' but needs work to achieve compliance)          

  • Form 16* - Certificate to Proceed issued by Building Surveyor and presented to Permit Authority with:
  • Form  7(DOCX, 32KB) - Application for Permit to Proceed  and/or
  • Form  3(DOCX, 27KB) - Application for Plumbing Permit (where plumbing work is included in job)

*This form is issued by a Building Surveyor

Substantial process (where work was done without permit and designer in consultation with building surveyor determines no extra work to do)               

  • Form 17* - Certificate of Substantial Compliance issued by Building Surveyor and presented to Permit Authority with:
  • Form  9* - Application for Permit of Substantial Compliance  and/or
  • Form  3(DOCX, 27KB) - Application for Plumbing Permit (where plumbing work is included in job)

*This form is issued by a Building Surveyor

Contact

Permit Authority

Email: Permit.Authority@launceston.tas.gov.au

Phone: 03 6323 3000

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