Can You Fix Unlawful Development? Your Options Explained

Yes — in many cases, unlawful development can be fixed.

The right approach depends on the type of offence, the nature of the development and the stage of council’s investigation.

Common Fixes

1. Retrospective Development Application

Often used for building work, Material Change of Use, and operational works.

2. Negotiating With Council

Useful where the breach is minor or technical.

3. Complying With an Enforcement Notice

This may involve:

• stopping the use

• removing structures

• undertaking works

• lodging an application

  
  

4. Providing Submissions to Avoid Prosecution

Strong submissions can persuade council that prosecution is unnecessary.

When It Cannot Be Fixed

Prohibited development generally cannot be retrospectively approved.

Why Early Advice Matters

The earlier you engage a lawyer, the more options you have — especially before responding to a show cause or enforcement notice.