Often, yes. Most states have a path for building work that went up without approval: a certifier or the council inspects what is there, checks it against the rules that applied, and then signs it off, sets conditions or asks for changes. Expect it to cost more than approval before the build, because parts may have to be opened up or checked by an engineer where nobody can see the footings or the frame.
What happens if you build a shed without council approval?
A certifier or the council reads the shed as it stands, and where it cannot be made to meet the rules, the council can order it changed or taken down. It can also hold up the sale of the house.
What decides it?
First, whether the work needed approval at all. A small structure that met every condition for going ahead without approval when it was built is lawful as it stands, and a certifier can confirm that in writing. Next, whether it meets the rules as built: its distance to each boundary, its height, the site cover, the protection against fire near a boundary and the drainage. Last, whether it can be checked. A slab poured long ago hides its footings, so the certifier may ask an engineer to dig beside one or to report on the frame from what can be seen.
What if I am buying a house with it?
Ask before you sign. The council can tell you what it has on record for the property, and anything standing that is missing from that record is a question for your conveyancer while the contract is still open. Once you own it, the problem is yours, since the council deals with the owner, whoever built it. Buyers often ask the seller to sort out the approval before settlement, or agree a lower price that covers it.
Who decides?
A certifier, or the council where it assesses building work, decides the building side, and the council decides any planning question the lot brings, such as an overlay or a siting variation. The post on council and certifiers explains how the planning and building approvals split.
What goes on the site plan?
The structure as it stands, measured on site rather than taken from the original quote, with its distance to every boundary and to the house, the site cover with it counted in, and the drainage. Mark it as existing. The post on what needs approval covers which structures needed it in the first place.
Reading it for your own lot
RapidSiteplan reads the lot from its address in a minute: the boundaries, the council and the overlays, with the house, the patio and the sheds traced from the aerial photo, so what is already built is on the screen before you measure. Set the structure to Existing on its card and the sheet marks it as standing work, with every boundary dimensioned from it. The patio and carport page shows the sheet, the post on applying yourself covers lodging it, and the council pages show what each council maps. Start with the address. For a patio, see retrospective patio approval.
Common questions
Can I get council approval after it is built? Often, yes. Most states have a path for work already standing, where a certifier or the council inspects it, asks an engineer to check what cannot be seen and then signs it off, sets conditions or asks for changes. It usually costs more than approval before the build, and work that cannot meet the rules can be ordered changed or taken down.
Read next
How do I get council approval for a shed?Check whether the shed needs approval, then lodge with a certifier or the council with a site plan, elevations and the kit’s engineering How do I find my lot and plan number?The lot and plan number identifies your land on every application How much does a building certifier cost?Building certifier cost has no set priceGeneral information only, not building or legal advice, requirements vary by council and change over time; always confirm with your council or certifier.