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Pair fined $20,000 for building without a permit

The owner of a Sunshine North property and its tenant have been ordered to pay $20,000 in fines for carrying out building work without a planning permit.

Ming Nguyen and Huong Nguyen were both found guilty in the Sunshine Magistrates’ Court on May 13 for the illegal building work.

They were ordered to pay Brimbank council fines and the full cost of the legal action and investigative costs, which total about $20,000.

Brimbank’s chair of administrators John Watson said the verdict sent a clear message to other residents that the flouting of planning requirements was a serious offences and one not tolerated in Brimbank.

“Council does not hesitate to take enforcement action against anyone who fails to get proper planning or building approval.

“Despite being given plenty of opportunity to do the right thing, the land owner and occupier failed to act and Council followed through with a prosecution,” Mr Watson said.

He said it was the council’s role to assess whether buildings are structurally sound and safe.

The Building Act 1993 and Building Regulations 2006 set out building permit requirements.

Mr Watson said undertaking building work without the necessary permits can result in severe penalties.

The Act prescribes a penalty of $10,000 for anyone carrying out work without a permit. Any contravention of the Planning & Environment Act 1987 for the use of land for a purpose that requires a planning permit is a significant breach to planning regulations and can result in a penalty of up to $182,000.

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