Building show cause notice
What is a show cause notice?
A show cause notice gives you the opportunity to provide information before Council considers taking further action.
A show cause notice:
- explains why Council believes a breach may have occurred
- gives you the opportunity to explain why enforcement action should not be taken.
The law requires Council to give you at least 20 business days to respond. If you need more time due to exceptional circumstances, contact us before the response date listed in the notice to discuss your situation.
Why have I received a show cause notice?
Council is responsible for investigating possible breaches of building laws. As part of an investigation, Council reviews the facts and circumstances to decide whether any action is needed.
An investigation may relate to:
- building work completed without the required approval
- a building or structure that is dangerous or in poor condition
- a building that is not suitable for people to live in or use
- building work that has not received a final inspection certificate or certificate of occupancy (previously known as a certificate of classification).
You have received a show cause notice because Council reasonably believes there may have been a breach of the Planning Act 2016 or the Building Act 1975, and you may be responsible.
We want to hear your circumstances before deciding whether any further action is required.
Responding to a show cause notice
You are not required to respond to a show cause notice. Responding to a show cause notice gives you the opportunity to explain your situation, outline how you plan to resolve the issue, or explain why you believe no further action is needed.
If you agree that a breach has occurred, you may wish to advise:
- the steps you plan to take to fix the issue
- when you expect those steps to be completed.
Your response helps us decide whether formal enforcement action is necessary. We will consider any information you provide, including steps you have taken to comply, any special circumstances, or any legal defence you may wish to raise.
We may contact you by phone or email if more information is needed. You can also arrange a meeting with the Council officer named in the notice.
How to resolve 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's building laws is also available from the Queensland Government.
If you resolve the issue before the response date in the show cause notice, let us know as soon as possible. We can arrange an inspection so the investigation can be finalised.
Case study
In July 2017, Council inspected a residential property and discovered that a carport had been built without a building approval.
A week later, Council sent the property owner a show cause notice, stating that it believed a development offence had occurred under section 163 of the Planning Act 2016. The notice requested a response by the end of August 2017. The owner then sought advice from a private building certifier, who confirmed that the structure required a building approval and advised the approximate timeframe for obtaining an approval would be 3 months.
At the end of August 2017, the owner wrote to Council confirming that they had engaged a private certifier and required 3 months in which to have the structure approved. Council considered this response and decided not to take any enforcement action as the owner had taken the right steps towards achieving compliance with the legislation.
After the carport was approved in September 2017, Council finalised the investigation.