What to do if you're concerned about neighbouring development

How to communicate and resolve your concerns about a neighbouring development. 

When to complain

If you have a concern about a neighbouring development, it's a good idea to call the property owner/developer, local council or the principal certifier to try to negotiate a resolution in the first instance.

If your concern is about your builder or tradesperson, visit Resolving building disputes.

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Who can help

You have the option to discuss your concerns about a development with either:

  1. the local council or,
  2. if applicable, the private certifier engaged as ‘principal certifier’ for the project.

Councils retain a copy of the approved plans and employ compliance officers. Compliance officers can investigate development for unauthorised building works, or noncompliance with conditions of consent.

Councils are regulatory authorities. They may consider taking action to require a developer to comply with the issued approval, even if a private certifier has been engaged as principal certifier.

What principal certifiers do

The principal certifier is an independent authority. Their primary role is to inspect the development at certain stages to ensure it meets legislative requirements and conditions of consent. 

Certifiers don't supervise or manage the work.

The principal certifier for a development will be either the council or a private certifier. The principal certifier can take action (see below) if work does not meet requirements. 

Read more about What certifiers do.

Private certifiers

If a development is non-compliant, a private certifier acting as principal certifier must issue a written direction to the owner and/or builder, requiring certain action be taken.

If the non-compliance is not addressed in the given timeframe, the principal certifier must refer the matter to the council for appropriate enforcement.

Only the council can take further enforcement action.

Local councils

If building work breaches legislative requirements or conditions of consent, councils have the power to issue: 

  • a compliance order
  • a stop work order
  • a fine.

Find your local council.

Council powers

A council may choose to exercise its powers even if a private certifier is the ‘principal certifier’. 

In such cases, the council will often refer the matter to the certifier in the first instance. The council still retains power to act if the certifier cannot resolve the matter (read Private certifiers above).

Urgent non-compliance matters such as dangerous excavation should be directed to your council for immediate attention. 

Property owner and builder responsibilities

The property owner is responsible for meeting the conditions of the development approval.

The builder is responsible for supervising the site and the work of subcontractors. The builder must make sure that work is done in accordance with the approved plans, the Building Code of Australia and Australian Standards.

Powers of Building Commission NSW

We can investigate complaints against licensed builders and tradespeople, registered certifiers and councils in their capacity as certifying authorities.

Visit Resolving building disputes if you’re concerned about a builder or tradesperson.

Visit Certifier complaints if you’re concerned about a certifier or council certification work.

If your concern about a council is not about certification work, speak to your local council.

What we can't do

Building Commission NSW has no power to:

  • order unauthorised building work to stop
  • act on complaints against property owners, unless the owner is an owner-builder
  • declare a development certificate invalid, even if it was issued improperly
  • investigate general complaints against councils, including how a council exercises its enforcement powers
  • investigate a council carrying out its functions under the Swimming Pools Act.

Important information about complying development

Complying development:

  • is a fast-track approval process for certain types of development.
  • can be approved by a council or a private certifier. The same approval criteria apply.

Although neighbours must be notified of some proposed complying development, consultation isn't required. It is not required for neighbours to receive a copy of building plans.

More information

For information about complying development and other development approval pathways and requirements, visit the NSW Planning Portal.

If the builder has damaged your property, you can visit:

If you’re concerned about asbestos removal and unsafe building sites, contact SafeWork NSW.

For disputes, apply to the NSW Civil and Administrative Tribunal. 

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