A small check now may save big problems later. 

When buying, selling, or doing home improvements, missing approvals can create serious legal and financial issues down the track. 

Huon Valley Council encourages property owners, buyers and sellers to check that any property improvement work has the required planning, building and plumbing approvals before making major decisions. 

While some projects — such as small sheds or minor internal changes — might not require approval, many others do under Tasmanian law. For example, converting a garage or storage area into a living space requires approval. 

Due diligence: How to protect yourself 

If you’re buying: 

  1. Request a Section 337 Certificate. This “land information certificate,” issued under the Local Government Act, shows Council records of approvals, orders, or notices. 
  2. Consider an additional Request for Information. This provides access to more detailed records, confirming what’s approved and what may not be. Note: If you are not the registered property owner, you will need the seller’s consent to request this information. 
  3. Arrange a building inspection. Independent building inspectors can identify work that may not have received proper approvals. 
  4. Get professional advice. Engage a qualified conveyancer or solicitor to help you understand what the certificates and reports mean for your property purchase. 

If you’re selling: 

Check your development and building approvals before listing. Addressing any approval gaps early may help avoid complications during the sale process. 

The rules that apply 

Under state legislation, Council is responsible for administering planning and building laws in our municipality. This includes helping the community understand their obligations, staying informed about development activity and taking reasonable enforcement action when needed 

The building rules  

Building requirements are set out in the Building Act 2016. These rules cover how and when permits or approvals are required for building, demolition, and plumbing work and set standards for the use and occupation of buildings. 

Under the Building Act 2016, Council is the Permit Authority and is required by law to: 

  • Ensure compliance with the Act 
  • Take reasonable steps to enforce the rules 
  • Make the community aware of building, demolition, plumbing, and occupancy requirements 
  • Keep informed of building works taking place in the Huon Valley 

The planning rules 

Huon Valley Council operates under the Tasmanian Planning Scheme. The Scheme sets planning requirements based on zoning (e.g., General Residential, Rural, Commercial) and applicable codes (e.g., Landslip, Bushfire-Prone Areas, Natural Assets) and specifies exemptions. 

The Land Use Planning and Approvals Act 1993 requires Council to take reasonable steps to ensure land use and development complies with the planning scheme. 

Unapproved works – understanding the risks 

Sometimes property owners undertake building work without the required approvals. This may seem like a way to save money or add value, but unapproved work can create significant problems that far outweigh any initial savings. 

The consequences can be serious: 

  • Enforcement action by Council in the form of Notices and Orders 
  • Fines and penalties issued to landowners or persons undertaking the work 
  • More complex and costly approval processes later 
  • In some cases, rectification or demolition orders 
  • Insurance claims may be refused 
  • Property sales may be delayed or terminated when issues are uncovered 

What appears to add value – such as an extra “bedroom” or new addition, may not be legally recognised as habitable space. 

The bottom line: Work done without proper approvals today could become a costly problem tomorrow. 

Property owner checklist 

If you’re planning to build or renovate: 

  • Check if your work needs planning approval 
  • Check if your work needs building or plumbing approval 
  • Engage licensed tradespeople where required 
  • Seek advice from Council, a building surveyor, or other licensed professionals 

If you’re buying: 

  • Request a Section 337 Certificate 
  • Consider a Request for Information (requires seller consent) 
  • Arrange an independent building inspection 
  • Engage a conveyancer or solicitor to review property records 

If you’re selling: 

  • Check that previous building work has proper approvals 
  • Address any approval gaps before listing 
  • Have documentation ready for potential buyers 

Resources 

Also in Development