Planning and building compliance

Certificate of Compliance

Any person may apply to the responsible authority for a Certificate of Compliance pursuant to Part 4A of the Planning and Environment Act 1987.

There are two types of certificates:

  • 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
  • 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.

Download

Application Form - Certificate of Compliance

Planning Compliance Issues and Council Options

To ensure compliance with the Indigo Planning Scheme and building policies, Council may take action on breaches of these regulations. This may include investigating building works and demolitions conducted without the appropriate planning permits.

Development Compliance Issues

  • Building works conducted without a planning permit, including changes to a property (such as a house extension or demolition) carried out without the required planning permit approval from Council.
  • Building works inconsistent with the approved planning permit or endorsed plans. For example, landscaping works that are not carried out as required on permits issued. Alterations and changes to wall heights, materials and colour finishes where specified. Relocations of plant and equipment.
  • Illegal use of a property or use inconsistent with planning permit conditions. For example, where native vegetation has been removed, a shed is used for accommodation, or if conditions specifying hours that a business can operate are not adhered to.
  • Changes of use of land, without planning approval, where approval is required.
  • Heritage: works carried out to a property affected by a Heritage Overlay without prior planning approval.

Options available to Council

Council will, where possible, negotiate with all parties involved. However, should a resolution not be achieved, a Planning Infringement Notice (PIN) may be issued under the Planning & Environment Act 1987. A PIN attracts a fine and can require measures to be put in place to resolve the matter.

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

More information & links

Additional information can also be found at

Last updated: 21 October 2011