Unlawful Assessable Development: What Counts as an Offence in Queensland

What Is Assessable Development?

Assessable development includes:

• building work

• material change of use (MCU)

• reconfiguring a lot (ROL)

• operational works (filling or excavation, clearing vegetation)

If the local government planning scheme or a regulation under the Building Act 1975 or the Planning Act 2016 categorises the development as assessable then a development permit is required. Carrying out the work without a development permit is an offence.

Examples of Unlawful Assessable Development

• Converting a shed into a granny flat

• Starting building work before the permit is issued

• Operating a business from home or another location without MCU approval

• Subdividing land without ROL approval

• Earthworks or retaining walls requiring operational works approval

  
  

Why It Matters

Unlawful assessable development exposes owners and builders to:

• enforcement notices

• stop work orders

• prosecution

• costly rectification or remediation

  
  

How to Resolve It

Depending on the circumstances, options include:

• lodging a retrospective development application

• negotiating with council

• complying with an enforcement notice

• providing submissions to avoid prosecution