Permit for illegal renovation

I'm not sure if this is the right place to ask for some advice/help ( 1st timer)

At the start of this year we decided to do some kitchen renovation which required the removal of a structural wall. We got a registered builder involved to help us with the renovations. I also got an architect to give me a building plan. We also got an engineer to certify the renovations for compliance, electrical certificate, plumbing certificates have all been issued.

We got also got surveyor involved recommended to us by a friend who was supposed to give us the permit. The mistake we made was the we didn't sign a contract with him. We just assumed that he will send us the permit eventually as he had all the paperwork via email and he had confirmed to receive it.

The renovations have been completed and my surveyor has disappeared. I am left with a house that has all the documentation except the building permit.

I don't know what to do... when I google building work without permit comes up with a 75k fine and criminal offence. I am freaking out... I don't know what to do.
Am I going to jail for this?
This was my first ever renovation.

Please help

 

Why did your builder proceed without a permit?

 

I really don't know.. I guess they all assumed i have a permit

 

Anyway, the answer is ‘it depends’. And I’m in Vic so might be different in your state.

If there are no plans lodged with council showing the previous structure you might get away with it.

The problem is that no one has inspected it to check that the ‘builder’ - or was it really a carpenter? - used the specs provided by the engineer.

If the beam deflects or otherwise causes damage I’m not sure where you would stand with insurance? Might make no difference.

If it’s obviously a new reno and you sell, the buyer might ask for the permit - or enquire at Council.

 

We did a renovation and were using a private certified - they went MIA at the end of the process (stopped responding to queries - and were being ridiculously difficult before that).

We contacted council and ended up getting it finalized directly with council with minimal fuss.

However this was finalizing the process - the DA has been approved up front.

Regards,

Jason

 

Relax, technically you don't need a building permit......
You didn't do an extension or a deck !
You didn't change the roof line, or cause shaddowing of a neighbor !
All you did was have an internal wall removed, all engineered and done by a registed builder, that's about all you really needed.

 

I'm super confused, assuming you're in NSW, do you have development approval from council (DA) and now you need an occupation certificate/permit (OC) from the certifier?

If you're only doing the kitchen renovation, why do you need a surveyor?

Assuming you mean certifier instead of surveyor, they would have issued you a CC or CDC in the first place and you would have an agreement with them.

 

Interesting. Removing a structural wall does in Vic…

 

It's just a rubber stamp and a substantial fee for council to do nothing isn't it ?

I mean taking out an internal wall doesn't meet/contradict any building application condition items normally considered (set backs, shadowing, window placement, color, roof type).

In this circumstance a building permit would just be a check to ensure tbe works are done correctly (not some bodgy owner job), but as the OP has had a qualified and insured builder do the works (and it hasn't fallen down) then I don't see the point.

By the time 6-7 years has passed you are out of builder warranty anyway

 

Honestly I am kicking myself in the head for not signing a contract with the surveyor. Initially I tried to obtain a permit directly with the council they were the ones who recommended i go with the private surveyor as its faster.
I submitted the building plan with the permit forms to private surveyor prior to renovation then assumed he is ok with everything as was as he continued to email me for the next few months asking me for all the other certificates. Approx 20 emails between us... As I started asking more about my permit and became anxious about where my permit was he just stopped replying.

I have the builders registration details. I dont really know to how prove it was the builder not the carpenter. Builder is happy to certify the work.

I honestly dont know
In all honestly I did this renovation before my parents moved in with me due to covid. The kitchen was not in good condition so I decided to make it look good before parents moved in. I barely spend time renovating or being at home.. spend most of my time icu ( HealthCare worker). Shouldve paid more attention to the renovation, shouldve spent more time. ‍♀️‍♀️‍♀️

 

Certifier. Sorry my bad.

 

No, it's structural works and by definition it requires approval.

Technically, you do.

Exactly

Not quite.

The Council/certifier is meant to check the details & any calculations provided.

Fair Trading lists their licence details & any corrective actions taken.

 

I have the builders licence details. They can certify the work. I also have engineering certificate compliance - the engineers visited the site three times - at the start, middle and at the completion of work which is mention in the certificate of compliance.
My main issue is not having the permit and what will the council do to me once they find out. Everything else is done legally and I have proof.

 

The structural engineer certified everything and provided me with a certificate of compliance. He was onsite at different stages of the renovation.
My only issue is not having the permit and what's the council will do if they find out.

 

It may even be worth getting council to certify the works - you've got all the documentation to show the works were undertaken in accordance with the plans.

 

I'm just scared that I will get a criminal record because I didnt have a permit prior to building work. Criminal record in my profession ( medical intern) means my career ends before it even start it.

 

Very unlikely if you fess up, show all the emails from your certifier that led you to believe they were certifying the works.