Build right, build strong, build legally: essential lessons for success

This article was published in New Planner June 2025.

The recent cases of Georges River Council v RNA Building Solutions Pty Ltd and Georges River Council v El Saadi [2024] NSWLEC 139 (‘Georges River Council Decision’) highlight the importance of compliance with development consents.

Ordinarily, when a local development application is approved, the council will issue a development consent subject to conditions. These require the beneficiary of the consent (e.g., builder, developer, or homeowner) to comply with applicable building regulations, and environmental and safety requirements during construction. They usually also indicate the approved plans.

If an application is appealed to the Land and Environment Court, the judgment includes orders issued by that court. If the application is approved, these orders will usually include any conditions of consent. Sometimes, these are agreed by the parties, such as after resolving the issues at a Section 34 Conciliation Conference. If the court is satisfied jurisdictional matters are addressed, it may issue consent orders.

Development must accord with the terms of the consent and the relevant environmental planning instrument (unless varied with approval). Failure to comply may lead to penalties or enforcement action. 

Georges River Council Decision

On 18 December 2024, the Court convicted RNA Building Solutions and Mr El Saadi (as landowner and company director) under Sections 4.2(1)(b) and 9.50(3A) of the Environmental Planning and Assessment Act 1979 (NSW) (‘EPA Act’). Both pleaded guilty to aiding or procuring offences concerning development on a Blakehurst property.

The works significantly deviated from the consent. The existing dwelling was demolished, the land excavated, and a new house erected, instead of the approved alterations and additions. The Court found both parties had control over the works and could have ensured compliance. They were fined for each of the three development phases and ordered to pay half of Council’s costs.

Key lessons

Clear communication and transparent records between builders, developers, and councils are critical. Councils and certifiers must enforce compliance to ensure safe and lawful building. Any unapproved or non compliant works should be rectified promptly.

Builders and developers must secure all approvals before starting work. If plans change, consent must be modified through Sections 4.55 and 4.56 of the EPA Act. Minor changes can be approved by a certifier but the Construction Certificate must remain consistent with the consent (EPA Development Certification and Fire Safety Regulation 2021, Section 19(1)(b)). Non-compliance can lead to fines, legal costs and reputational harm.

The Georges River Council Decision underlines the role of development consents and the obligation to adhere strictly to them.

Build right, build strong, build legally

To ensure compliance with development consents and any issued orders, consider:

• Section 10.7 Planning Certificate: From council, this outlines the property’s planning history, zoning, restrictions, and any outstanding Building Notices.

• Proof of Compliance: Inspection reports or certificates from builders and contractors.

• Final Occupation Certificates: Issued by the certifier once the development complies with plans and conditions.

• Enforcement Records: See the NSW Register of Building Work Orders for any active Prohibition, Rectification or Stop Work Orders.

The message is clear – builders and developers must “build right” by complying from the outset, “build strong” by meeting safety and regulatory standards, and “build legally” by securing proper approvals. 

Authors: Holly Tang & Chester Hong

Contributing partner: Dennis Loether