Building Approval Process

The Building Act 2011 came into effect on 2 April 2012, changing the building approval process in WA to provide more flexibility and choice for both builders and consumers. The Act has removed Local Government as the sole building licence assessors, and now allows for private certification of building plans.

Project owners have different options under the new Act in applying or a building permit. Applications are either “uncertified” or “certified”. “Certified” applications involve the engagement of private building practitioners (ie private certifiers) who will provide certification services such as a Certificate of Design Compliance, which accompanies a certified building permit application and a Certificate of Construction Compliance or a Certificate of Building Compliance which will accompany applications for occupancy permits, building approval certificates, or applications for strata title.

Applications for domestic structures (Class 1 and 10 buildings) can either be lodged as certified or uncertified applications. Applications for all other building types must be accompanied by a Certificate of Design Compliance. The Shire of Katanning can provide certification for some building types. Please contact the Shire of Katanning on 9821 9999 for more information regarding these applications.

Applicant’s choosing the “certified” application process will be required to have obtained all necessary approvals (i.e. planning, heritage, environmental health) prior to lodging an application. The application must be processed by the Shire and permits issued within 10 business days of the date of lodgement. “Uncertified” applications are essentially assessed and certified by the Shire; and must be processed within 25 business days of lodgement.

A certificate of design compliance is issued by a registered building surveyor (in private practice or local government) to confirm certification.  A building permit is issued by the local government permit authority to confirm approval to build. Building companies are free to contract (but not directly employ) registered building surveyors and offer certification as part of the building service to their customers

What is the difference between Uncertified and Certified applications?

In the uncertified application process you will lodge all of the documentation with the local government who will have it assessed for compliance with the Building Code of Australia. If compliant the local government will issue a "Design Compliance Certificate" which, once issued, allows the local government/ Permit Authority to issue a Building Permit.

A guide to lodging an uncertified application can be downloaded from the Building Commission Website.

A Certified application process differs in that the owner or applicant can demonstrate their proposed building is compliant with the Building Code of Australia by having the plans and other documents certified by a registered Building Surveyor. He or she will issue a “Certificate of Design Compliance” which is then used to apply for a Building Permit from the local government/ Permit Authority.

A guide to lodging a certified application can be downloaded from the Building Commission Website 

Please note that whatever type of application is made, building must NOT commence until a building permit has been issued.

What are my responsibilities as the applicant?

Under the Building Act you are responsible to ensure that ALL relevant approvals are in place before the application is made for a Building Permit. This may include such approvals as Planning, Water Corporation, Onsite Effluent Disposal etc.

May I lodge my application and provide other information later?

Yes you may but the timeframe is very limited for ensuring that the information  provided is correct.   Any additional information required to complete your assessment must be provided to the Shire within twenty one (21) days from the day it is requested.

What happens if the Shire takes longer than the prescribed time?

If the Shire does not determine the application in the prescribed time then the application is deemed refused and the Shire is required to return in full the fees paid for the application. However if the Shire has requested additional information and the information is not provided within the prescribed time then the application is deemed refused and the Shire retains the fees paid.

Fees and charges

The fees for applications depend on the type of application made.

When estimating the value of building work, the Building Regulations requires that the value is the sum of the value of the following relevant components (including GST):

• All goods (including manufactured goods forming part of the work)

• Labour

• Services necessary

• Fees payable

• Overheads to be met

• Profit margin

What is a Registered Building Surveyor?

A Registered Building Surveyor is a person accredited as a Building Practitioner by the Building Commission.  The register of building practitioners is available from the Building Commission Website.  

As a builder what are my responsibilities?

As the builder you are responsible to:

• Ensure that you build your building in accordance with the approved Building Permit;
  
  
• Ensure that all inspections noted on the Building Permit are carried out by a competent person;
  
  
• Provide notification to the Permit Authority (Shire of Katanning) within seven (7) days of completion of the building works being undertaken by the Building Permit issued.

Can I be an owner builder?

Yes - the Building Act allows owners to obtain registration to complete works on their own property. Approval to be an owner-builder is obtained through the Building Commission. Owner-builders will require approval from the Building Services Board before they can apply for a building permit from a local government/ permit Authority. For more information please visit the Building Commission Website

Where can I get the forms?

All necessary forms are on the Building Commission web site. The Act prescribes the format to which local governments are to accept applications. Therefore it is important to use only forms approved by the Building Commission which are available to download from the Building Commission Website.

Forms and Information Sheets

Application for building permits, demolition permits, occupancy permits, building approval certificates are available to download from the Building Commission website.

Guide to Lodging an Uncertified Application 

Guide to Lodging a Certified Application

Owner Builder Information

Owner Builder Approval Form

Construction Training Fund and Levy Collection - Levy Payment Form

BA1 - Application for Building Permit - Certified

BA2 - Application for Building Permit - Uncertified

BA3 - Certificate of Design Compliance

BA5 - Application for Demolition Permit

BA7 - Notice of Completion

BA8 - Notice of Cessation

BA9 - Application for Occupancy Permit

BA11 - Application for Occupancy Permit - Strata

BA13 - Application for Building Approval Certificate

BA15 - Application for Building Approval Certificate - Strata

BA17 - Certificate of Construction Compliance

BA18 - Certificate of Building Compliance

BA22 - Application to Extend a Building or Demolition Permit

BA23 - Application to Extend time - Occupancy Permit or Building Approval Certificate

BA24 - Application for Modification or Non-Application of Building Standards

Demolition

Demolition involves removal of all or part of a building. Removal can be for proposed development or additions to an existing building.

Land owners have a statutory obligation to advise the Shire of any additions or alterations to a building. Demolition is considered an alteration to a building and requires approval from the Shire.

All demolition applications must include the following:

• Site plan at a scale of no less than 1:200 showing the lot size and location of all buildings, with the building(s) to be demolished clearly defined.

• Photographs of the building or building part to be demolished

• Application form signed by the applicant.

• Where WorkSafe requires the demolition to be carried out by a licensed contractor, the registration number of the contractor must be included.

Demolition application forms (BA-05) are available to download from the Building Commission Website

A guide to completing the application from is available to download from the Building Commission Website

Some demolition work may require Shire Planning or Heritage Council approval. Please contact the Shires Manager of Building and Environmental Services on 9821 9930 for more information.

Licensed contractor

Under WorkSafe legislation, it may be necessary to engage a licensed contractor for demolition work of a particular size or type, or where there is asbestos on site.

More information can be obtained by contacting WorkSafe on 1300 30 78 77 or visiting the Department of Commerce Website

Fencing

If you intend to build, rebuild, reconstruct or alter any fence or wall which:

1. exceeds 900mm in height within the front six metres of your block, or 1800mm on the remainder of the block; or

2. is adjacent to a main road; 

you must apply to the Shire of Katanning for a permit.

Fences dividing properties are controlled under the Dividing Fences Act 1961. This Act relates to fences that divide properties, and outlines the related legal responsibilities of the landowners. The Act also outlines the steps landowners should take to resolve any disputes that may arise. The Act is administered by the Building Commission and more information can be obtained from the Building Commission Website

The Shire has available at the front counter for collection hard copies of the brochure “Dividing Fences - A Guide” which is also available online from the Building Commission Website

The Citizens' Advice Bureau of Western Australia may be able to assist on matters relating to the Dividing Fences Act.