Owner-Builder Work Without Permits or Certificates: What Can Be Done?

Why this becomes a problem when selling

Missing documents often surface only when the vendor’s conveyancer prepares the sale documents, a buyer asks about renovations, or someone requests evidence for structural work, an extension or an added bathroom.

The seller may remember hiring tradespeople and paying invoices but have no record of a permit, inspection approval or certificate, and may not know whether the work was exempt.

That can raise several separate concerns: sale disclosure, building compliance, the reliability of renovation dates, insurance, and the physical condition of the work. One document rarely answers all of them.

1. First, identify which of three situations applies

An absent document does not prove unapproved work. It may have been issued and not kept, or not required at all. Equally, a tradesperson “taking care of it” is not proof of approval.

2. How do I find old building permits and certificates?

Start with an evidence search rather than ordering several reports that may not address the real problem.

Ask the seller for:

• Plans, drawings, specifications and renovation contracts.
• Any building or planning permit reference numbers.
• The name of the builder and of the relevant building surveyor.
• A Certificate of Final Inspection for alterations or extensions, or an Occupancy Permit where applicable.
• Plumbing compliance certificates, electrical safety certificates and other trade documents.
• Dated invoices, bank records, emails and photos showing the nature and timing of the work.
• Any building notices, building orders or correspondence with the council or regulator.

Then contact the records holders:

1. The original relevant building surveyor (RBS), if known, for permit, inspection and completion records.
2. The council, which may hold building and planning records or know the appointed surveyor and any enforcement history.
3. The tradespeople or builder, for copies of certificates, invoices and completion details.

Historical records vary. “No record found” should not automatically be described as proof that no permit existed.

3. What if there was a permit but no Certificate of Final Inspection?

If you have the permit, book the Section 137B inspection with us. Get a quote and book online. After payment you can upload the building permit, the approved drawings and any other records, so the inspection is scoped to the permitted work.

A building permit and a Certificate of Final Inspection do different jobs. The permit authorises proposed work subject to conditions; the final certificate is part of completing alterations or extensions.

If a permit was issued but the final certificate never was, find out why. For example:

• A mandatory inspection was not completed.
• The surveyor identified non-compliant or unfinished work.
• A plumbing, electrical or other compliance certificate is missing.
• The permit lapsed.
• The certificate was issued but lost.

The original building surveyor may be able to explain what remains outstanding. Depending on the circumstances, more documents, inspections, opening-up of concealed construction or rectification may be required, and approval is not automatic.

A private defects inspection report does not replace a missing statutory completion certificate.

4. What if the work was done without a required building permit?

This needs more than retrieving documents. Examples that warrant careful review include an extension, removing a structural wall, significant framing changes, some decks or verandas, and other work outside the exemptions. The requirements depend on the work and the rules in force at the time.

The Section 137B inspection still has to be done. Missing approval does not remove the owner-builder sale requirement: if the work was completed within the last 6 years and 6 months, the defects report is needed before the contract is signed. Contact us to arrange it.

Whether a building permit is still needed is a separate question for your conveyancer or solicitor. They can advise what the missing permit means for the sale and whether to involve a building surveyor.

Other possible steps:

1. Get accurate drawings and a clear description of the work done.
2. If your conveyancer or solicitor advises it, have a registered building surveyor assess which requirements apply and what evidence is needed.
3. Where advised, engage an engineer or other practitioner for structural or technical matters.
4. Deal with any building notice, building order or required rectification.
5. Keep the statutory records and professional findings produced along the way.

It may not be possible to get a new permit that retrospectively authorises everything already built. The council or building surveyor may require more evidence, testing, opening-up or corrective work. Cost, timing and outcome cannot be guaranteed.

Can an inspector certify that an unapproved wall removal is safe?

A Section 137B inspector can identify visible conditions within the inspection scope and recommend further assessment. That inspection does not establish the adequacy of concealed supports, replace structural engineering, or give statutory approval. For structural changes the seller may need an engineer and a building surveyor as well as any defects inspection.

5. Is a missing owner-builder certificate of consent the same as a missing permit?

No. An owner-builder certificate of consent concerns eligibility to carry out particular owner-builder work. A building permit approves particular proposed work. A Certificate of Final Inspection or Occupancy Permit relates to completion and use.

The thresholds for a certificate of consent, for domestic building insurance or Home Warranty, and the conditions for a Section 137B report are not the same, and they can depend on when the work was done. A Section 137B inspector cannot issue or replace a certificate of consent.

6. Does the seller still need a Section 137B defects report?

Possibly, but missing approval documents do not answer the Section 137B question. For an owner-builder sale within the prescribed period, Section 137B requires a defects report from a prescribed building practitioner, obtained no more than 6 months before the contract, together with any required insurance certificate.

The Act sets the prescribed period for domestic building work at 6 years and 6 months from the completion date, with different starting points where no occupancy permit or certificate of final inspection was issued or required. That matters here: missing certificates can change how the period is worked out. Current Building and Plumbing Commission guidance also refers to 6 years for the report, so the correct rule should be confirmed for the transaction rather than taken from a simplified checklist. More detail: Section 137B and renovations without a building permit.

The assessment should consider who was responsible for the work, which parts of the property were altered, when the work was completed and what evidence supports that date, which owner-builder sale rules apply, and which other documents or insurance are needed before contracting.

The defects report and the approval process can complement each other, but neither replaces the other.

7. What should a conveyancer do before the contract is signed?

Where documents are unclear, separate legal obligations, building approvals and physical defects into distinct workstreams:

• Conveyancer / solicitor: sale disclosure, owner-builder warranty and insurance obligations; the vendor statement and contract; the legal consequences of missing documents and the timing of the sale.
• Registered building surveyor / council: permit requirements, the status of approvals, completion certification and any compliance pathway.
• Registered building inspector: a defects inspection documenting observable conditions within the agreed scope, where a report is warranted.
• Structural engineer / specialist: issues beyond a visual inspection, such as concealed structural alterations.

Where documents are required before contracting, do not assume they can simply be supplied later without consequences. More for practitioners: Section 137B for solicitors and conveyancers.

8. What if a buyer discovers the missing documents?

A missing permit or certificate should prompt questions, not an automatic conclusion that the property is unsafe or that the buyer can end the contract. The buyer’s options depend on the work, the disclosures, the contract, timing and the law, and their conveyancer or solicitor should advise. If the contract is already signed, see Missing Section 137B report after signing a contract.

9. A practical action plan for a seller with missing documents

1. Describe the work accurately. List renovated areas, structural changes, approximate dates, trades engaged and known approvals.
2. Search for evidence. Original permits, certificates, invoices, contracts, and council or surveyor records.
3. Separate missing paperwork from possibly unapproved work. Ask a building surveyor where the status is unclear.
4. Get specialist advice where needed. Structural alterations, waterproofing or concealed work may need different practitioners.
5. Check the Section 137B sale requirements. Your conveyancer decides whether and when a defects report and insurance or Home Warranty documents are required.
6. Arrange a properly scoped defects inspection if required, giving the inspector the scope and available records.
7. Resolve and disclose accurately. Keep a clear record of reports, rectification, certificates and information given to the buyer.

10. How Owner Builder Inspection Melbourne can help

We carry out Section 137B owner-builder defects inspections across Melbourne. If your client renovated but cannot find permits or certificates, enter the renovation scope online so the inspection can be scoped and priced.

We provide a properly scoped visual defects inspection with a photographic report. We do not issue building permits, Certificates of Final Inspection, Occupancy Permits, retrospective approvals or legal opinions about the contract.

Frequently asked questions

Sources (checked 10 October 2026): Building Act 1993 (Vic), s 137B, Building and Plumbing Commission — Selling an owner-built home, Consumer Affairs Victoria — Owner builders checklist and Consumer Affairs Victoria — Plans and permits checklist. Diagram: original illustration.

General information only. This is not legal advice, retrospective building approval or a finding that Section 137B applies to any property. Victorian rules, transitional provisions and the facts of each project must be checked by the appropriate professional. Last reviewed: 10 October 2026.