Every builder and/or owner builder intending to construct a building, alter, add to, repair or underpin, demolish or remove an existing building should obtain a licence before commencing that work.
Every builder and/or owner builder making an application for a building licence should submit to the building surveyor:
To obtain a copy of a building or demolition licence, please see below, or if you have any further queries please contact the Shire office.
To submit a building application please contact us to either collect the required envelope or to make arrangements for it to be mailed to you.
In Western Australia a building permit is required before any building work can be carried out and is obtained from a permit authority (local government) for the location where the work will take place. The Building Act 2011 (the Act) defines what is building work and sets out the process for obtaining a building permit.
The Act requires the person named on the permit as the builder to ensure that the building is completed in accordance with the plans and specifications approved in the certificate of design compliance and in accordance with the building permit. The Act also covers the building standards and it is the responsibility of the person named as the builder on the building permit to ensure compliance with the applicable standards.
When applying for a building permit, applicants must consider whether they must lodge a certified application or can choose to lodge an uncertified application. In either case, a signed Certificate of Design Compliance (CDC) is required before approval can be given. A CDC confirms that a building’s design complies with the Building Code of Australia.
A certified application is where a CDC has been signed by a registered building surveyor. If all other required approvals have been obtained, the permit authority has 10 business days to approve or reject the application. Applications for class 2 to 9 must be lodged as certified applications. Applications for class 1 and 10 may be lodged as uncertified applications.
An uncertified application can only be lodged for class 1 and 10 residential buildings and requires the local government to confirm compliance with the BCA, issue the CDC and approve or reject the application within 25 business days
Building and Demolition
BA01 - Certified Application for Building Permit
BA1 – Application for building permit – certified | Department of Mines, Industry Regulation and Safety (commerce.wa.gov.au)
BA02 - Uncertified Application for Building Permit
BA2 – Application for building permit – uncertified | Department of Mines, Industry Regulation and Safety (commerce.wa.gov.au)
A building permit is required prior to the construction of all residential and commercial buildings and any extension or alteration to an existing building, and the commencement of any structural works or laying out of a site.
BA05 - Application for a Demolition Permit
BA5 – Application for demolition permit | Department of Mines, Industry Regulation and Safety (commerce.wa.gov.au)
BA22 - Application to extend a building or demolition permit
BA22 – Application to extend a building or demolition permit | Department of Mines, Industry Regulation and Safety (commerce.wa.gov.au)
Required for anyone wishing to demolish any structure on a property prior to the construction of a new residential or commercial dwelling. The BA22 form is to extend the time period allowed for a building and/or demolition Permit to be exercised.
BA07 - Notice of Completion
BA7 – Notice of completion | Department of Mines, Industry Regulation and Safety (commerce.wa.gov.au)
The responsible person in relation to a permit must, within 7 days of completion of the work, or the stage of the work, for which the permit was granted, give notice of completion to a relevant permit authority. A permit ceases to have effect on the day on which a notice of completion in relation to the permit is received by the permit authority under Section 33 of the Building Act 2011.
Occupancy and Building Approval Certificates
BA09 - Application for an Occupancy Permit
BA9 – Application for occupancy permit | Department of Mines, Industry Regulation and Safety (commerce.wa.gov.au)
An Occupancy Permit must be issued (and displayed) prior to the occupancy of any building excluding Class 1 buildings (residences), Class 10 buildings (sheds patios etc.) and incidental structures. An occupancy Permit can be applied for as a temporary occupancy permit in the case of an unfinished building or a temporary additional use for a period no longer than a year. A permanent change of a buildings use or classification also triggers an application for an occupancy certificate.
BA13 - Application for a Building Approval Certificate
BA13 – Application for building approval certificate | Department of Mines, Industry Regulation and Safety (commerce.wa.gov.au)
This certificate is required to start the approval process to legitimise a structure that is found to be unauthorised or unlicensed.
BA19 – Request to amend building permit or builder's details
BA19 – Request to amend building permit or builder's details | Department of Mines, Industry Regulation and Safety (commerce.wa.gov.au)
This notifies and amends a building permit to substitute a replacement builder where the nominated builder is unable to continue the building work, generally due to insolvency, death or disappearance.
Access, Encroachment, Adversely Affect
BA20 - Notice and Request for Consent to Encroach or Adversely Affect
BA20 – Notice and request for consent to encroach or adversely affect | Department of Mines, Industry Regulation and Safety (commerce.wa.gov.au)
BA20A – Notice and request for Consent (Response notice): Protection Structures, Party Walls, Removal of Fences, Access to Land
BA20A – Notice and request for consent (response notice): Protection structures, party walls, removal of fences, access to land | Department of Mines, Industry Regulation and Safety (commerce.wa.gov.au)
New laws introduced in Western Australia under Part 6 of the Building Act 2011 require those proposing to do building work that may affect adjoining land to obtain consent or a court order.
The BA20A is necessary where a neighbour must give permission to allow a fence to be removed, to allow access to their land during construction, to erect a party wall, or to erect protection structures on adjoining land.
For more information please view the document on the Building Commission website.
Information Sheet - Structures Not Requiring a Permit
This information sheet identifies structures which do not require a formal Building Permit Approval. These are structures that are contained within Schedule 4 of the Building Regulations 2012 (extract below).
In respect of all minor and incidental structures, the following will apply:
- Minor or incidental structures and their use must comply with the requirements of the Building Code of Australia, the relevant Australian Standard, the Shire of Woodanilling’s Town Planning Scheme, and any other relevant legislation that has jurisdiction over the proposed works.
- Minor and incidental structures may only be constructed within the lot boundaries. They are not to be constructed on verges or thoroughfares.
- It is the Owner’s responsibility to seek approvals from any other Authority that has jurisdiction over the proposed works or locality.
- It is the Owner’s responsibility to check with the Shire’s Planning and Health Departments to confirm if there are any other provisions or approvals required for any structures listed here prior to erection or use of the structures.
- It is the Owner’s responsibility to check their Titles for any restrictions that may have been imposed such as, but not limited to, covenants, caveats and section 70A Notifications.
- All materials to be new and fit for the purpose. Shire approval is required for the use of any used or second-hand materials.
- For the purposes of this information an incidental use is defined as being the following, as stipulated under the Shire’s Town Planning Scheme:
“A use of premises which is ancillary and subordinate to the predominant use.”
Extract from the Building Regulations 2012
Schedule 4: Kinds of building work for which a building permit is not required
In this clause –
Pergola means an open structure that does not have a roof but may have a covering of open weave permeable material.
Table
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Item
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Description of building work for which a building permit is not required
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1
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Construction, erection, assembly or placement of a freestanding Class 10a building that –
a) Has a floor area not exceeding 10m2; and
b) Is no more than 2.4m in height; and
c) Is not located in wind region C or D as defined in AS1170.2
|
|
2
|
Renovation, alteration, improvement, repair or maintenance of a building or incidental structure if the building work –
a) will not adversely affect the structural soundness of the building or incidental structure and does not include —
i. an increase or decrease in the floor area or height of the building or incidental structure; or
ii. underpinning or replacement of footings; or (iii) the removal or alteration of any element of the building or incidental structure that is contributing to the support of any other element of the building or incidental structure;
and
b) is done using materials commonly used for the same purpose as the material
c) being replaced; and
d) will not change the use or classification of the building or incidental structure;
e) and
f) will not adversely affect the safety and health of the occupants or other users of
g) the building or incidental structure or of the public; and
h) will not affect the way in which the building or incidental structure complies
i) with each building standard that applies to the building or incidental structure;
and
j) is not work of a kind to which section 76, 77, 78 or 79 relates; and
k) is not subject to an order, agreement or permit under the Heritage Act.
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|
3
|
Construction, erection, assembly or placement of a temporary office, shed or sanitary facility to be used by a builder in connection with building work carried out on the land on which the office, shed or sanitary facility is, or is proposed to be, located.
|
|
4
|
Construction, erection, assembly or placement of a fence, screen or similar
structure, other than a fence forming part of a barrier to a private swimming pool,
if —
a) the fence, screen or similar structure is constructed in accordance with a local law made under the Local Government Act 1995 section 9.60 that applies to the construction of the fence, screen or similar structure in the district in which the fence, screen or similar structure is, or is to be, located; or
b) the fence, screen or similar structure is, or is to be, located in a district in which there is no local law of a type referred to in paragraph (a) and the fence, screen
or similar structure —
i. (if constructed of masonry, is no more than 0.75 m in height; and
ii. if constructed of a material other than masonry, is no more than 1.8 m in height; and
iii. is not located in wind region C or D as defined in AS 1170.2
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5
|
Construction, erection, assembly or placement of a mast, antenna or similar structure that —
a) is not located in wind region C or D as defined in AS 1170.2; and
b) if attached to a building —
i. is no more than 2 m in height above the highest point of attachment to the building; and
ii. will not affect the way in which the building complies with each building standard that applies to the building; and
c) if not attached to a building, is no more than 3 m in height.
|
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6
|
Construction, erection, assembly or placement of a retaining wall that —
a) retains ground no more than 0.5 m in height; and
b) is not associated with other building work or with the protection of land adjoining the land on which the retaining wall is located; and
c) is not work of a kind to which section 76, 77, 78 or 79 of the Building Act 2011 relates.
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7
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Construction, erection, assembly or placement of a pergola associated with a Class 1 building that —
a) is no more than 2.4 m in height; and
b) is not located in wind region C or D as defined in AS 1170.2; and
c) covers an area not exceeding 20 m2.
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8
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Construction, erection, assembly or placement of a water storage tank with a capacity of 5 000 L or less.
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9
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Building work for a park home or annexe as those terms are defined in the Caravan Parks and Camping Grounds Act 1995 section 5(1).
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10
|
Attachment of photovoltaic panels or solar hot water systems to the roof of a Class 1 or Class 10a building that is not located in wind region C or D as defined in AS 1170.2.
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11
|
Building work for which a building licence was not required under the former provisions if, before commencement day —
a) the on-site building work had commenced; or
b) a contract to carry out the building work was entered into.
|
|
12
|
Building work for buildings owned or occupied by, or under the control or management of the Crown in right of the State or a department, agency or instrumentality of the Crown in right of the State that —
a) commences before 30 June 2017; and
b) has, when it commences, an estimated value of less than $50,000.
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|
13
|
The installation of a roof mounted evaporative cooling unit on a building or
incidental structure if —
a) the building or incidental structure is not located in a bush fire prone area; or
b) the building is a Class 4 to Class 9 building; or
c) the building or incidental structure is located in a bush fire prone area and the BAL for the building site is BAL-Low; or
d) the building or incidental structure —
i. is located in a bush fire prone area; and
ii. the BAL for the building site is BAL-12.5, BAL-19 or BAL-29; and
iii. the installation of the evaporative cooling unit complies with the
iv. requirements for roof penetration in respect of the building or incidental
v. structure set out in AS 3959
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Swimming Pools and Spas
Swimming Pools and Spas
Legislative Requirements
Legislation in Western Australia requires the owner or occupier of a property with a private swimming or spa pool to install barriers around the structure. This is for the protection of young children who may enter the area with or without the knowledge or consent of the owner/occupier. Owners or occupiers are required to maintain the barrier in such a condition that it is in working order at all times.
If the structure contains water to a depth greater than 300mm and is used primarily for swimming, wading, bathing or similar activities, then the structure is required to have a barrier installed which complies with the Australian Standard 1926.1 Swimming Pool Safety.
Not included in this definition are fishponds, dams (unless used as swimming holes), creeks, rivers and lakes. All swimming pools require a Building Permit and are registered on the Shire’s Swimming Pool Register.
Removing Your Pool?
If you are thinking of removing your pool, there are a number of steps to take:
- Dispose of the water, however please be aware that it must not leave your property before you have approval from the Shire;
- Remove the pool from the property;
- Notify the Shire that the pool has been removed; and
- Organise an inspection for a Shire Officer to check that the pool is gone.
The Shire will then remove your pool from the register and you will no longer be charged pool fees.
More Information
Swimming pool barriers and fences are not the only pool safety issues that you need to consider. Education and supervision are also very important aspects in saving children’s lives. For more information on swimming pool enclosures, please visit the swimming pool barriers section on the Department of Mines, Industry Regulation and Safety website.
Read the article on the Department of Mines, Industry and Safety website: 'Thinking of installing a swimming pool or spa?'
More Swimming Pool Safety Information:
Royal Life Saving Swim and Survive Program
https://www.royallifesaving.com.au/programs/swim-and-survive
Royal Life Saving Home Pool Operators Course
https://royallifesavingwa.com.au/programs
Department of Education Vacswim Program
https://www.education.wa.edu.au/swimming-lessons