Building enforcement notice

What is an enforcement notice?

An enforcement notice is a formal notice that requires you to take action to fix a building-related issue. The notice gives you an opportunity to resolve the matter within the required timeframe.

Council may issue an enforcement notice if:

• under section 168 of the Planning Act 2016, building work has been carried out without a required development permit
• under Section 248 of the Building Act 1975, a building, structure or building work is:
  • dangerous
  • in poor condition
  • unfit for use or occupation
  • unsanitary
  • affected by disease
  • infested with vermin
  • does not have a certificate of occupancy (previously called a certificate of classification).

Why have I received an enforcement notice?

Council believes a building-related offence has occurred and has not been resolved.

In some cases, we may first issue a show cause notice to give you the opportunity to explain your circumstances and provide relevant information. Council may issue an enforcement notice immediately, if there are concerns about public health or safety.

We will only issue an enforcement notice after considering all relevant information and deciding that the action is reasonable.

What does an enforcement notice require?

An enforcement notice may require you to stop an activity, fix a problem, or both.

Common requirements include:

• stopping development or building work
• removing or demolishing a structure or building work
• applying for a development permit
• repairing or rectifying building work
• securing or fencing off an area to protect people from harm.

Each requirement includes a timeframe for completion. For example, Council may require you to obtain a building approval within three months.

Do I have to comply with the notice?

We encourage voluntary compliance with building laws. If you do not comply with the requirements of the enforcement notice within the required timeframe, we may:

• issue a penalty infringement notice
• commence legal proceedings in the Magistrates Court or Planning and Environment Court
• carry out the required work and recover the costs in accordance with the Local Government Act 2009.

Resolving the matter

You may wish to get advice from a private building certifier, architect, engineer, consultant or solicitor.

These professionals can provide guidance on what may be needed to achieve compliance, including possible costs and timeframes. Information about Queensland building laws is also available from the Queensland Government.

If you resolve the issue before the compliance date stated in the notice, let us know as soon as possible. We can arrange an inspection so the investigation can be finalised.

Appealing an enforcement notice

You may be able to appeal the enforcement notice through the Building and Development Dispute Resolution Committee.

Appeal timeframes are generally:

• 5 business days for notices relating to a dangerous building or structure
• 20 business days for notices issued for other purposes.

If you have concerns about the notice, we encourage you to discuss them with the Council officer responsible for the matter as soon as possible. Early discussions may help resolve concerns without the need for a formal appeal.

If you decide to lodge an appeal, you may wish to get legal advice.