What to Do If You Receive a Building Notice or Show Cause Notice

Receiving a building notice or a show cause notice for unapproved or illegal building work can be stressful. It may raise concerns about fines, building orders, or the need to rectify or even remove work already completed. 

Understanding what the notice means and how to respond can make a significant difference in resolving the issue before it escalates.

This guide explains what a show cause notice is, the typical deadlines, the evidence that strengthens your response, and when you might need a private building certifier or engineer. 

For professional assessments and inspections, iCertified’s Inspection & Certification Services can help property owners gather the evidence needed to respond effectively.

Key Takeaways

• A Show Cause notice comes with a strict deadline. Ignoring it may lead to enforcement action.
• Focus your response on facts and evidence, including what was built, when, and how it meets requirements.
• Evidence may include as-built documentation, inspections, and rectification plans before completing retrospective approval. iCertified can guide this process.
• Show cause notices in employment are different. This guide focuses on building notices.

What is a Show Cause Notice?

A Show Cause notice is a formal letter issued by your local council or building authority asking you to explain why enforcement action should not be taken for building work that appears to be unapproved or non-compliant.

It is not a fine or penalty. It is an opportunity to clarify the situation, provide evidence, and propose a pathway to compliance before the council escalates action and issues an enforcement notice. Councils typically issue these notices under the Building Act 1993 or the National Construction Code (NCC) when a building or structure does not comply.

What is Illegal or Unapproved Building Work?

Illegal or unapproved building work refers to construction carried out without a building permit or the use of the building that does not comply with the NCC or local building regulations. Examples include:

• Decks, patios, or carports built without approval
• Home extensions or renovations that differ from approved plans
• Structural modifications or additions undertaken without permits
• Building work that is considered a risk (these will be issued an emergency order)

Even completed work may trigger a Show Cause notice if it is non-compliant. Councils may issue a building notice or building order requesting you to show cause why the work should not be demolished or rectified.

What to Do If You Receive a Building Notice or Show Cause Notice

Here is a step-by-step approach to responding effectively:

Stop Any Further Unapproved Work

Continuing construction may worsen the situation and affect your ability to legalise the work. Pause any ongoing work until you have guidance on compliance.

Gather All Available Documentation

Collect all relevant paperwork, including plans, invoices, photographs, prior approvals, and emails. Having complete documentation helps demonstrate what was built and supports your response.

Document the Current As-Built Condition

Take detailed photos and measurements of the work as it currently exists. Consider producing as-built drawings to show the exact state of the building, which can be essential for council review.

Engage Professional Help Early

A private building surveyor or certifier can assess compliance and advise on the best pathway forward. For structural or complex matters, an engineer may also be required. iCertified’s Building Approvals team can assist property owners in Brisbane, the Gold Coast, and the Sunshine Coast.

Prepare Your Show Cause Response

Your submission should include:

• What was built or modified
• Why it was done without approval, keeping the explanation factual
• Actions now being taken, such as inspections, rectification, or retrospective applications
• Evidence demonstrating compliance or steps being taken to achieve it

Submit Your Response and Keep Records

Save PDFs, confirmation receipts, and any correspondence. Accurate records are essential if the council requires further follow-up or verification.

Failing to respond may lead to fines, building orders, or enforced rectification. Acting quickly and professionally is the best way to protect your property.

Four-Step Professional Approach to Responding

For property owners seeking professional assistance, a structured approach helps reduce stress and improve the chances of a positive outcome. A four-step process, adapted for iCertified services, is:

1. Request an assessment and inspection
   Provide a copy of the building notice and arrange for an on-site inspection.
2. On-site inspection and council liaison
   Inspectors work directly with the council to reassure them that the matter is being addressed.
3. Address non-compliance issues
   Rectify any highlighted areas or plan remedial work with guidance from certifiers or engineers.
4. Final compliance inspection and documentation
   Conduct a final assessment and prepare structured reports, including photographs, for council submission. iCertified can manage this process from start to finish.

What Evidence Helps When You ‘Show Cause’ for Unapproved Building Work?

Councils often request evidence to confirm that work complies with regulations. Useful evidence includes:

• As-built plans or drawings
• Engineering inspections or certification. iCertified’s Building Defect & Safety Reporting service can generate these reports
• Photographs showing construction progress and the current condition
• Material specifications or product information
• Any prior approvals or permits
• Rectification plans and timelines

Providing complete and well-organised evidence increases the likelihood that councils will accept your proposed compliance pathway.

Common Outcomes After a Show Cause Response

Outcomes vary by council and the specifics of your project. They may include:

• Acceptance of a pathway to legalise the work with conditions
• Requirement to complete rectification before approval
• In rare cases, an order for removal or demolition

Engaging a professional building certifier early improves your chances of a favourable outcome.

Retrospective Building Approvals

Retrospective approval allows unapproved work to be brought into compliance with building regulations. iCertified can assess your work, advise on required documentation, coordinate inspections, and lodge or guide the retrospective approval process for SE QLD property owners. 

Conclusion

Responding to a building or show cause notice requires understanding deadlines, gathering evidence, and engaging the right professionals early. Acting promptly increases the chance of retaining or legalising unapproved work.

iCertified can assist with assessments, inspections, documentation, and lodging applications for retrospective building approvals. Start the process today:Book Now.

Frequently Asked Questions