Green Design Sydney
Green Design Sydney
Approvals & Advisory · Unauthorised Works

Work Built Without Approval? You Have Options.

A letter from council is frightening, but unauthorised work can often be regularised. The first thing you need is not drawings — it's an honest read on where you actually stand and which pathway applies.

02 — A BIC Is Not Always the Answer

The most expensive misunderstanding in this area.

A Building Information Certificate is a council document stating that, for a period of seven years, council will not order you to demolish, alter or rebuild the work described in it. It is not retrospective approval, and it does not make unapproved work approved.

Some work can be resolved with a BIC. Some needs a development application — sometimes both. Which one applies depends on what was built, where, when, and what your council's controls say about it.

Spending money on the wrong pathway is the most common way this becomes expensive. We tell you which one applies before you commit to either.
03 — Establishing Where You Stand

Before any documentation, we establish what is actually there.

What Exists

What was built, when, and whether any approval ever existed for it.

Planning Position

Whether the work complies with current planning controls, or can reasonably be argued to.

Building Code

Whether it meets the Code structurally, and for fire and access where the building class requires it.

Council's Track Record

What position your council has taken on comparable work nearby.

Demolition Risk

Whether removal is a genuine risk in your situation, or unlikely.

The Honest Answer

You get a clear view of your position. Where the answer is uncomfortable, you get that too.

04 — The Evidence Council Will Want

Regularising work means proving it is safe and compliant.

That usually means several consultants, coordinated so their reports agree with each other. We manage that so you deal with one person, and so the package arrives complete rather than in pieces over several months.

Survey

An accurate record of what exists and where it sits on the site.

Structural Engineering

Certification that what was built is structurally sound.

As-Built Documentation

A full drawing set of the work as it actually stands, not as it was once intended.

Statement of Environmental Effects

The planning case for why the work should remain.

Fire and Access

Where the class of building requires it — routinely for Class 2 and 3.

One Point of Contact

We coordinate the specialists and the certifier so the evidence arrives as one coherent case.

05 — Why Registration Matters Here

Class 2 and 3 work cannot be documented by just anyone.

Unauthorised work in a Class 2 or Class 3 building — apartments, boarding houses, residential care — sits under the Design and Building Practitioners Act. The documentation has to be prepared and declared by a registered practitioner.

Farshid Hosseini is a registered NSW Design Practitioner for Building Design, Class 2 and 3 (DEP0000825), and a Chartered Member of the Building Designers Association of Australia (Registration 3169), with 25 years in building design.

Many drafters cannot lawfully carry out this work at all.
06 — How We Work Through It

Six steps, in this order, for a reason.

01 Understand

You send the notice, the address and a description of what was built.

02 Assess

We establish the likely pathway and what stands in its way.

03 Advise

You get a written position — including what we cannot promise.

04 Coordinate

Survey, engineering and specialist reports, managed as one package.

05 Document

The as-built set and the supporting planning case.

06 Lodge and Manage

Through to determination, including council's questions along the way.

07 — What We Won't Tell You

Nobody can promise you an outcome.

Council and certifiers make that decision. Any consultant who guarantees a result is either guessing or selling. What we will tell you is which pathway gives you the best chance, what will be argued against you, and where the real risk sits — before you spend money.

Frequently Asked

Questions owners ask when work has no approval.

Will council make me demolish it?
That is the outcome people fear most, and it is not the most common one. It depends on what was built and how far outside the planning controls it sits. We assess that honestly at the start rather than reassure you and find out later.
Is a Building Information Certificate the same as approval?
No. A BIC states that for seven years council will not order you to demolish, alter or rebuild the work described in it. It is not retrospective approval. Some situations need a development application instead, and some need both.
How long does it take?
It depends on the complexity, the consultants involved and your council's workload. We give you a realistic view of the steps once we have seen the work — we don't quote timeframes we can't control.
I bought the property like this. Is it still my problem?
Generally yes. The obligation attaches to the land rather than to whoever carried out the work.
Can I just leave it?
Sometimes nothing happens for years. It usually surfaces at sale, at an insurance claim, or if a neighbour complains — and it is cheaper to resolve on your own timetable than on someone else's.
What do you need from me to start?
The address, the council notice if you have one, and a description of what was built. That is enough for a first read.

Send Us the Notice and What Was Built.

You'll get a straight answer on the likely pathway and what it will take — no guaranteed outcomes, no guesswork.