Compliance and enforcement process
If you have concerns about works in our Council area, you can report them to us. If the concerns fall into one of the following categories, Council's Environment and Building Compliance team can investigate:
- Unauthorised land use – where the use of the property is not in accordance with the development consent or where the use is occurring without appropriate consent
- Works not being undertaken in accordance with development consent
- Works carried out without appropriate approval under the provisions of the Environmental Planning and Assessment Act 1979 and/or the Local Government Act 1993
Once you raise an action request, the team will begin an investigation. They may take the following steps:
- contact the customer raising the request for further information
- undertake a file search of the subject property
- inspect the subject property to collect evidence
- interview relevant stakeholders to collect information and evidence
- use the collected evidence to make a determination in accordance with Council's Compliance and Enforcement Policy
If the investigation leads to Council issuing a development control order (DCO), we may serve a compliance cost notice to the recipient of the DCO to recover reasonable costs incurred in the investigation, preparation and enforcement of the DCO. This ensures the financial responsibility for compliance action is directed to the person responsible for the non-compliance, rather than ratepayers.
Compliance priorities and categories
All concerns relating to alleged unlawful activity should be acknowledged within five (5) working days and actioned in accordance with the following timeframes:
- urgent and life-threatening matters (eg building collapse) – as soon as possible
- general compliance matters (eg unauthorised building work) – 5 working days
- nuisance matters (eg domestic noise, overgrown vegetation) – 10 working days
- out of hours requests (eg out of hours construction) – initial action by Council Rangers, with a formal investigation to be followed up by Council’s Environment and Building Compliance team
All individuals who raise concerns with Council should receive communication from the designated Council officer within 21 days. This communication should outline the actions Council has taken or plans to take to address the matter raised.
Compliance inspections
Council carries out inspections of developments and reviews required documentation to ensure compliance with the relevant legislation and conditions of consent.
Compliance action
Compliance and enforcement action taken by Council varies according to the circumstances but may include:
- a notice/development control order to rectify the non-compliance
- penalty notice (fine)
- legal action in either the Local Court or the Land and Environment Court of New South Wales
Compliance and Enforcement Policy
Council officers undertake investigations, inspections and compliance action in accordance with Council’s Compliance and Enforcement Policy.