Council Prosecutions and Infringements: Planning, Building, Food and Local Laws

Victorian councils can issue infringement notices, or prosecute directly in the Magistrates' Court, for breaches of local laws, planning, building and food safety rules. With an infringement notice you can usually pay, ask for a payment plan, seek internal review or elect to go to court, as long as you act before it is registered with Fines Victoria. For small business owners, planning and food breaches can have consequences well beyond a single fine, so get advice early.

Key points

• You usually have about 21 days to act on an infringement notice; before it is registered with Fines Victoria you can pay, seek a payment plan, ask for internal review or elect in writing to have the matter heard in court.
• Internal review grounds include: the decision was contrary to law, mistaken identity, special circumstances, exceptional circumstances, or you were unaware of the notice.
• After registration with Fines Victoria, you can still seek enforcement review, a payment plan, a Work and Development Permit or the family violence scheme.
• Under the Planning Amendment (Better Decisions Made Faster) Act 2026, general offences under the Planning and Environment Act 1987 now carry up to 1,200 penalty units or 10 years' imprisonment for individuals, and up to 6,000 penalty units for companies.
• Continuing planning breaches can attract daily penalties of up to 120 penalty units for individuals and 600 for companies, and the time limit to file charges has been extended from 12 to 24 months.

Common areas of council enforcement

• Planning: changing use, extending, demolishing or removing protected trees without a planning permit, or breaching permit conditions;
• Building: building work without a building permit, unauthorised structures, or failing to comply with a building notice or order from the municipal building surveyor;
• Food premises: under the Food Act 1984, restaurants, takeaways and similar businesses must register with council and meet food safety standards;
• Local laws: for example footpath trading and signage, waste, animal management and noise;
• Parking: issued and managed by councils under the Infringements Act 2006.

Your options after receiving an infringement notice

An infringement notice lets you pay instead of going to court, and payment generally does not result in a conviction. If you think the fine is wrong, you can apply in writing to council for internal review before the notice is registered with Fines Victoria, with evidence such as photos, receipts, or medical or caseworker letters. The fine is usually put on hold during the review. The outcome may be to confirm it, withdraw it, replace it with an official warning or allow a payment plan.

Electing to go to court: weighing the risks

You can also elect in writing to have the matter heard in the Magistrates' Court. The advantage is independent scrutiny of the evidence; the risks are that, if the charge is proven, the court may impose a higher fine than the notice, you may have to pay council's legal costs, and a conviction may be recorded. For businesses dealing with licences, food registration or planning permits, a conviction can also affect future applications.

If council prosecutes you directly

For more serious or continuing breaches, council may issue a court summons instead of a fine, or apply to VCAT for an enforcement order requiring the use to stop or the land to be restored. The 2026 planning reforms also introduced new orders such as adverse publicity and commercial benefits orders. Get advice early about rectification, applying for a retrospective permit, or negotiating an outcome with council.

For example: a bubble tea shop expands its seating and trading hours without a planning permit. Council sends a warning letter and then an infringement notice. The owner may consider applying to amend the permit while also seeking internal review of the fine.

If the fine is already registered with Fines Victoria

Unpaid fines are registered with Fines Victoria, extra costs are added, and enforcement can eventually include licence suspension, vehicle seizure or wage garnishment. You can still apply for enforcement review or a payment plan before the due date on the notice, and eligible people can use a Work and Development Permit to work off fines through counselling, treatment or courses.

How we help business owners

We can check whether a notice was validly issued, prepare internal review applications, negotiate with council, act in Magistrates' Court or VCAT proceedings, and explain council correspondence and the legal consequences in Mandarin, Cantonese or English.

Frequently asked questions

Can I appeal a council fine in Victoria?

Yes. Before the fine is registered with Fines Victoria you can ask council for internal review on grounds such as the decision being contrary to law, mistaken identity, or special or exceptional circumstances. You can also elect in writing to go to court.

Will paying a council fine give me a criminal record?

Usually not. Paying an infringement notice generally does not result in a conviction. If you elect to go to court and are found guilty, the court may record a conviction.

What are the risks of taking a council fine to court?

If the charge is proven, the fine may be higher than the notice and you may have to pay council's costs. Assess the strength of the evidence before deciding.

What is the penalty for operating without a planning permit?

It depends on the offence. After the 2026 reforms, general offences carry up to 1,200 penalty units or 10 years' imprisonment for individuals and up to 6,000 penalty units for companies, with daily penalties for continuing breaches. The actual penalty depends on the circumstances.

My fine has gone to Fines Victoria. What can I do now?

Before the due date on the notice you can apply for enforcement review or a payment plan, and eligible people can apply for a Work and Development Permit. Do not ignore the letters, as costs and enforcement action will increase.

If you have received a council infringement notice, warning letter or court summons, call 03 9602 3988. Meet us at our Melbourne CBD office (Level 2, 262 Queen Street) or by video, in Mandarin, Cantonese or English.

This article is general information only and is not legal advice.

Reviewed by Justin Chua, Lawyer, Chua Tan Associates | Last updated: October 2026