Certificate of Compliance (building)

A Certificate of Compliance (building) is a statement made by the engineer to the building surveyor stating that proposed building works comply with the Building Act 1993, Building Regulations 2018 or National Construction Code.

A Certificate of Compliance (Building) is a statement made by the engineer to the building surveyor stating that proposed building works or designs comply with the Building Act 1993, Building Regulations 2018, or National Construction Code.

Any person may apply for a Certificate of Compliance in accordance with the Planning and Environment Act 1987. The Certificates you can apply for are either:

  • Existing Use or Development form 14 -
    a certificate stating that an existing use or development of land complies with the requirements of the planning scheme at the date of the certificate); or;
  • Proposed Use or Development form 15 -
    a certificate stating that a proposed use or development, or part of a use or development of land, would comply with the requirements of the planning scheme at the date of the certificate.

To Apply for the Certificate of Compliance, complete the Certificate of Compliance construction form and return it to the Planning Compliance team.

A card payment fee applies.

Resolving issues

Council will, where possible, aim to resolve issues through negotiation with all parties involved. However, should resolution not be achieved, a Planning Infringement Notice (PIN) may be issued under the Planning & Environment Act 1987.

Other forms of compliance include applying to the Victorian Civil and Administrative Tribunal (VCAT) for an enforcement order which will require certain actions from the owner of the property. This can proceed to prosecution in the Victorian Magistrate's Court or cancellation or amendment of a planning permit.

Breaches under the Building Act 1993, such as illegal building work, may also be prosecuted.

Typically, Council's actions following a failure to reach a resolution are as follows.

Planning process:

  • informal negotiation with the parties involved
  • serving a Planning Infringement Notice
  • applying to the Victorian Civil and Administrative Tribunal for an Enforcement Order
  • commencement of prosecution proceedings
  • cancellation or amendment of a planning permit.

Building process:

  • informal negotiation with the parties involved
  • issue Building Order to stop work or Building Notice/Order
  • commencement of prosecution proceedings.

Examples of compliance issues

The City of Port Phillip investigates breaches of the council's planning and building regulations. This includes investigating building works and demolitions carried out without the appropriate permits or compliance.

Examples of compliance issues include:

  • Building works that are inconsistent with the approved permits or endorsed plans. For example, window screenings that are not installed as required on permits issued, alterations and changes to wall heights, and materials and colour finishes where specified.
  • Illegal use of a property, or inconsistent use with planning permit conditions or occupancy permits. For example, where an illegal brothel is operating, or if conditions specifying hours that a business can operate are not adhered to.
  • Changes of use of land without planning or building permits, where such approval is required.
  • Works carried out to a heritage zoned property without prior planning approval.

For more details and examples, download the Common Compliance Issues factsheet (PDF 112 KB).

Need help?

If you have any queries, need assistance or would like to submit a form, please contact us:

Email: planningcompliance@portphillip.vic.gov.au
Phone: 03 9209 6293
In person: visit the Enquiries Counter at St Kilda Town Hall between 8.30 am and 5 pm Monday to Friday

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