A Guide to the New - Building Commission

The New Building Approvals
System
A guide to the Building Act 2011
in Western Australia
Building Commission
Level 1, 31 Troode St
WEST PERTH WA 6005
Ph: 1300 489 099
E: info@buildingcommission.wa.gov.au
W: www.buildingcommission.wa.gov.au
November 2011

Contents
Introduction .............................................................................................................. 1
Permit Authorities (Local Government) ................................................................... 1
Private Sector Registered Building Surveyors ........................................................ 1
Occupancy Requirements ....................................................................................... 2
The New Terms - What do they Mean ................................................................... 3
Permit Authority - s124 to s127 ............................................................................... 3
Registered Building Surveyor - (Building Services (Registration) Act) .................... 3
Certified Application - All Buildings - s14 ................................................................ 3
Uncertified Application - Class 1 & 10 Buildings - s17 ............................................ 3
Building Permit - No building work without a building permit - s9 ............................ 4
Certificate of Design Compliance - s19 ................................................................... 4
Demolition Permit - s15 ........................................................................................... 4
Notice of Completion - s33 ...................................................................................... 4
Occupancy Permit - s40 to s65 ............................................................................... 5
Building Approval Certificate - s46 to s65 ............................................................... 5
Certificate of Construction Compliance - s56 .......................................................... 5
Certificate of Building Compliance - s57 ................................................................. 6
The Roles and Responsibilities of a Permit Authority .......................................... 7
Changes for Local Government .............................................................................. 7
The New Role of Local Government ....................................................................... 7
Local Government Permit Authorities ..................................................................... 8
Timeframes ........................................................................................................... 10
Levies and Fees .................................................................................................... 10
Repayment of Fees ............................................................................................... 10
Repayment of Levy ............................................................................................... 10
An Overview of the New Building Approvals System ......................................... 11
Building Permit Approvals Process – Uncertified Applications .............................. 11
Building Permit Approvals Process – Certified Applications.................................. 12
Occupancy Permit/ Building Approval Certificate Process ................................ 13
Permits and Certificates ........................................................................................ 14
Applications for a Building or Demolition Permit ................................................... 14
Demolition Permit Application Checklist ................................................................ 27
Occupancy Permits and Building Approval Certificates – Part 4 ...................... 31
Occupancy Requirements Matrix .......................................................................... 31
Application for Occupancy Permits ....................................................................... 32
Notices .................................................................................................................... 34
Notice of Decision Not to Grant a Permit - s24 ..................................................... 34
Notice of Completion - s33 .................................................................................... 34

Notice of Cessation - s34 ...................................................................................... 34
Suspension of Building or Demolition Permit - s35 ............................................... 35
Work Affecting Other Land - Part 6 ....................................................................... 35
Notice of Work Affecting Other Land - s85 ............................................................ 36
Obtaining Consent or Court Orders Process - s83 ................................................ 36
Court Orders - s86 ................................................................................................ 37
Encroachment - s76 ............................................................................................... 37
Minor Encroachments ........................................................................................... 37
Crown Land ........................................................................................................... 37
Mandatory Inspections .......................................................................................... 38
Mandatory Inspections Prescribed by the Regulations ......................................... 38
Mandatory Inspections Prescribed by the Building Surveyor ................................ 38
Who is Qualified to Inspect ................................................................................. 38
Self Certification or Independent Checking ......................................................... 38
Building Information - s128 ................................................................................... 39
Public Access to Register of Permits - s128/129 .................................................. 39
Access to Building Records - s130/131 ................................................................ 39
Providing Information to the Building Commissioner - s132 .................................. 39
Use of Building Commission Forms ...................................................................... 40
Delegations - s127 .................................................................................................. 40
Enforcement - Part 8 .............................................................................................. 41
Authorised Persons - s96 ...................................................................................... 41
Enforcement Powers - s100 to s105 ..................................................................... 41
Entry Warrant - s106 to s109 ................................................................................ 41
Building Orders - s110 to s118 .............................................................................. 42
Legal Proceedings - Part 12 .................................................................................. 43
Transitional Arrangements - Part 16 ..................................................................... 44
Lodging Applications in the Transition Period ....................................................... 44

Introduction
The Building Act 2011 replaces much of the Local Government (Miscellaneous
Provisions) Act 1960, and amends a range of associated acts. The key objectives of
the new Act are:
to provide a comprehensive system of building control in Western Australia;
reduce building approval times;
set standards for buildings and demolition work in Western Australia; and
deal with building or demolition work that affects other land.
The Building Act brings some significant changes to the building approvals process,
from the design stage right through to occupation of a building. The most important
changes include:
Permit Authorities (Local Government)
Permit authorities issue building, demolition and occupancy permits (and other
associated certificates, requirements and orders).
The State of Western Australia is a permit authority able to issue permits anywhere
in the state. Each local government is a permit authority able to issue permits within
its local government area. Special permit authorities may be created to issue permits
in specific areas or for specific types of buildings.
Private Sector Registered Building Surveyors
The Building Act 2011 allows for private sector registered building surveyors. This
means that an applicant will no longer have to go to the relevant local government to
obtain the services of a registered building surveyor, but will have the option to
engage a registered building surveyor from a private company, or any local
government that offers building surveyor services.
This is similar to the system in other states in Australia. It is expected that the
Western Australian market will gear up to offer competitive services, as the customer
has the choice of which building surveyor to use.
Local governments, in their function as a permit authority, have greater freedom to
provide building surveyor services to ratepayers, and can offer building surveyor
services on a commercial basis.
1

Occupancy Requirements
The Building Act 2011 will make it an offence to occupy a building (other than class 1
and associated class 10 buildings) without an appropriate occupancy permit. This
will confirm that the building has either been built according to the building permit
requirements, in particular to the certificate of design compliance, or it complies with
the relevant building standards.
The permit authority issues an occupancy permit for buildings within its geographical
jurisdiction.
2

The New Terms - What do they Mean
(With Building Act 2011 section numbers)
Permit Authority - s124 to s127
A permit authority is the organisation that grants all the permits that are required
under the new building approval system. It ensures that all statutory requirements
for the lodgement of a permit application are met, and that the paperwork is
complete.
It also has responsibility for keeping building records and providing building
information to the Building Commission. A permit authority has an enforcement role
and can issue building orders to require builders to rectify building work that doesn‘t
meet approved requirements.
Registered Building Surveyor - (Building Services (Registration) Act)
A registered building surveyor can work in either the private sector or the
government sector. They are registered under the Building Services (Registration)
Act in one of three tiers. A level 1 building surveyor can certify any building, a level 2
can certify a building no higher than 3 storeys and less than 2000sqm in area and
until 30 June 2013 a building surveyor technician can certify buildings no higher than
2 storeys and no more than 500sqm in area. After 30 June 2013 there will only be
level 1 and 2 building surveyors. They are the only ones who can sign a certificate
of design, construction or building compliance.
Certified Application - All Buildings - s14
A certified application has a certificate of design compliance prepared before the
application is lodged. The permit authority (normally the local government) will then
issue the permit within 10 business days. If the prescribed time elapses without a
permit being issued or the application being rejected, the application is deemed
refused.
Uncertified Application - Class 1 & 10 Buildings - s17
For prescribed buildings only (classes 1 and 10 in the National Construction Code),
the Building Act 2011 requires a local government, in its role as a permit authority, to
accept an uncertified application. The permit authority must arrange for a registered
building surveyor to sign a certificate of design compliance and issue the permit
within 25 business days. If the prescribed time elapses without a permit being issued
or the application being rejected, the application is deemed refused.
3

Building Permit - No building work without a building permit - s9
A building permit under the Building Act 2011 is essentially the same as a building
licence under the Local Government (Miscellaneous Provisions) Act. On the day the
Building Act 2011 commences, all existing building licences issued under the old Act
will have effect as building permits under the new Act.
Certificate of Design Compliance - s19
All certified applications for a building permit must include a certificate of design
compliance. This must be signed by a registered building surveyor and state that the
building will comply with each building standard that applies to it. It can be issued by
a local government (if the registered building surveyor is employed by the local
government), or a registered building surveying contractor (if the registered building
surveyor is employed by the contractor).
Demolition Permit - s15
A demolition permit is required for any demolition work, when demolishing either a
full building or part of a building.
A demolition permit under the Building Act is essentially the same as a demolition
licence under the Local Government (Miscellaneous Provisions) Act. On the day the
Building Act 2011 commences, all demolition licences will have effect as demolition
permits.
Notice of Completion - s33
The builder or the demolition contractor must submit a notice of completion to the
relevant permit authority within 7 days of completion of the building or demolition
work. A notice of completion states the building work for which the permit was
granted has been completed and is required for all buildings and incidental
structures for which a building permit or demolition permit has been issued.
A notice of completion establishes the end date of the building or demolition permit
for compliance and record keeping purposes. It also signifies the point from which
the builder or demolition contractor has fulfilled his obligations regarding compliance
with the Building Act.
4

Occupancy Permit - s40 to s65
Except for class 1 and 10 buildings, before a completed building is occupied, an
occupancy permit must be obtained from the permit authority. It is evidence that a
building has been lawfully constructed and is safe to occupy for the use stated on the
permit. An occupancy permit covers a number of different situations:
To occupy a completed building
To occupy temporarily an uncompleted building
To approve an additional temporary use of a building
To approve a permanent change of a building‘s use or classification
For registration of a strata scheme or plan of re-subdivision
To approve retrospectively unauthorised work
To bring an existing building into the Building Act framework.
An application for an occupancy permit must be accompanied by a:
Certificate of construction compliance (for new buildings); or
Certificate of building compliance (for existing buildings).
On the day the Building Act commences, a certificate of classification for an existing
building will be taken to be an occupancy permit. Buildings under construction will
need an occupancy permit before they can be occupied.
Building Approval Certificate - s46 to s65
This can be used in circumstances where an occupancy permit is not applicable,
such as for class 1 and 10 buildings, or incidental structures. It provides certainty
that a building or incidental structure meets the relevant requirements, and can be
used to approve retrospectively previously unauthorised work. It can also be used for
registration of strata title plans.
Certificate of Construction Compliance - s56
A certificate of construction compliance, signed by a registered building surveyor,
certifies that the building has been constructed in accordance with the certificate of
design compliance and the building permit, all associated plans, specifications and
conditions, and that the building is safe to occupy. The builder named on the building
permit is responsible for constructing the building correctly.
5

Certificate of Building Compliance - s57
A certificate of building compliance, signed by a registered building surveyor,
certifies that an existing building complies with the applicable building standards.
For an existing building that was authorised under the laws of the time, the standards
are those that applied at the time of its construction. The certificate of building
compliance confirms that there are no obvious departures from the original building
approval, and that it is safe to occupy.
For an existing, but unauthorised building, or for a change of use or classification,
the applicable standards are those for new buildings. The registered building
surveyor, when signing the certificate, is confirming that the building will perform to
the level set for new buildings, for the proposed use or classification, and that it is
safe to occupy.
6

The Roles and Responsibilities of a Permit Authority
The permit authority is a fundamental part of the building approvals process. Its
primary purpose is to ensure that all permit applications are correct and to issue
permits to applicants and owners. The permit authority also has the role of record
keeper and ensures conformity with the building laws.
Changes for Local Government
In becoming a permit authority, there is a range of different choices that each local
government will need to consider to make the most of the opportunities that the
Building Act 2011 brings. The Act requires local government to change the way they
currently operate their building approvals systems.
The New Role of Local Government
The role of local government in the new building approvals process is split between
three main functions:
Building certifying services
Permit approval and issuing
Enforcement
The functions of Local Government in the new building approvals process
Local Government
Certification
Service
(No timeframe)
Permit Authority
Permit
Issued
Full Certification Request
(any class of building)
Unregulated fee
Uncertified Application
(Class 1 &10)
Regulated fee | 35 day limit
Certified Application
(any class of building)
Regulated fee | 14 day limit
Figure 1
7

Local Government Permit Authorities
Permit Approval and Issuing
A local government will be a permit authority under the Act. This is a separate
function to that of a certifier. The permit authority checks the application for a
permit is complete and has the associated certificate included in the application.
The permits and supporting certificates are:
Permit
Building Permit
Certificate of Design Compliance
Certificate
Demolition Permit
Occupancy Permit
No Certificate
New Buildings
(with a current Certificate of Design Compliance)
Certificate of Construction
Compliance
Existing Buildings
Certificate of Building
Compliance
Table 1
A correctly filled out certificate mentioned in Table 1 will only confirm that the
building conforms to building regulations and requirements. It may, but doesn‘t
have to, certify the building meets other laws or requirements, such as planning,
health, fire or heritage requirements. It is the role of the permit authority to
ensure that the application is consistent with these requirements, including any
that are specific to the local government – such as footpath deposits. In addition
the permit authority must ensure that all levies and fees are paid.
Dealing with applications for building permits (s16 to s35)
The Building Act treats the process of certifying compliance with building
standards; and the process of dealing with an application and issuing a building
permit as separate processes. The certification of compliance is opened up to
competition, and may be done by a local government in the same way as
previously, or it may be done by a private sector building surveyor. Local
governments can continue to offer the same service that they currently do, with
less restriction on the fees charged or the time taken, and can offer enhanced
services in competition with the private sector and other local governments if
they wish.
Request for certifying services
An applicant may ask a local government to provide a certifying service. This
will let the applicant lodge a set of drawings and specifications with the local
government for it to provide a certificate of design compliance, arrange for the
completion of the building permit application form and then process the
application as a certified application under section 14 of the Building Act. The
8

local government may charge whatever fee it wants to provide this service and
there is no required time limit.
When the application is ready for lodgement the local government must then
process the application within the time prescribed for a certified application. The
prescribed time limits, and other formal requirements for certified applications,
apply once the completed application form is lodged.
Unless an applicant presents a complete application for a certified application or
an uncertified application on the appropriate forms (see below) the local
government is entitled to consider any lodgement of drawings and specifications
for approval as a request for certifying services. A local government should
explain the two-stage process, the local government‘s policy and fees for the
certifying service, and the options available to use a private certifier to lodge a
certified application, or if appropriate, the right to lodge an uncertified application.
An application lodged in the form used under the repealed Local Government
(Miscellaneous Provisions) Act can be treated as a request for certifying
services. This service includes getting the information necessary to complete
the new certified application form. When the form is completed the permit
authority will lodge it and process it as a certified application.
Certified Application (s14)
If an applicant presents a completed application form for a certified application
together with a certificate of design compliance it should be treated as a certified
application under the Building Act section 14. The application must be
processed within the prescribed time, and for the prescribed fee. If the
application is not complete the permit authority may request further information
under section 18. If the application does not comply with the requirements of
section 16, or the permit authority is not satisfied under section 20 it may refuse
the application.
A checklist of the requirements of section 16 and section 20 are detailed in
tables 3 and 4 within this guide.
Uncertified Application (s17)
If an applicant presents a completed application form for an uncertified
application it must be processed within the prescribed time, and for the
prescribed fee. An applicant may require the permit authority to deal with an
application as an uncertified application, and in that case the prescribed time
limits and fees will apply. If the application is not complete the permit authority
may request further information under section 18. If the application does not
comply with the requirements of section 16, or the permit authority is not
satisfied under section 20 it may refuse the application.
9

Timeframes
Timeframes are a new part of the building approval process. They are prescribed in
regulations and are business days (so exclude all public holidays). Common to all
applications is the ability for permit authorities to request further information for
incomplete applications, instead of refusing them. A permit authority may specify up
to 21 calendar days for further information to be supplied.
Once the information is supplied, the clock is restarted from the beginning. The
permit authority has 25 business days (for uncertified applications) or 10 business
days (for certified applications) to make a decision on the application. These
timeframes start from the day after the day when the information was lodged.
Maximum Timeframe for Permit Applications
Applications
Initial
timeframe
(business days)
Further
Information
(calendar days)
Timeframe after
further
information due
(business days)
Building Permit (uncertified) 25 up to 21 25
Demolition, Occupancy and 10 up to 21 10
Building Permit (certified)
Levies and Fees
Permit authorities will be responsible for the collection of the Building Services Levy
and can charge fees for applications. A schedule of fees is available from the
Building Commission website.
The Building Services Levy only replaces the Builders Registration Board levy, not
any other levies or fees.
Table 2
Repayment of Fees
If the permit authority has not made a decision to approve a permit within the
prescribed timeframe, the permit fee must be repaid to the applicant. However, if the
application is refused, then there is no obligation to refund the permit fee.
Repayment of Levy
If an application for a permit is refused by the Permit Authority, the Permit Authority
must refund the Building Services Levy to the applicant included in the written notice
of the decision to refuse the application (see Permits and Certificates section below)
10

An Overview of the New Building Approvals System
Building Permit Approvals Process – Uncertified Applications
Houses and associated structures (Class 1 & 10) only
Submits Building Application to
Permit Authority (local government)
Refers application to a Registered Building
Surveyor to assess application
Assesses Plans
Permit Authority (local
government) checks application
conforms (in accordance with s20 of
Building Act)
Issues Certificate of Design
Compliance
Permit Authority (local government) issues
Building Permit to Builder, each Owner and
Applicant (if different)
Construction Commences
Inspections during construction (if required)
Construction complete
Provides Notice of Completion to Permit Authority (local
government) within 7 days of end of construction
Figure 2
11

Building Permit Approvals Process – Certified Applications
All Buildings (including Class 1 and 10)
Arranges a
Registered Building Surveyor
Assesses Plans
Issues Certificate of Design
Compliance
Permit Authority (local
government) checks application
conforms (in accordance with s20 of
Building Act)
Submits Building Permit
Application to Permit Authority
(local government) with all
plans, specifications, technical
documents and fees/levies
Permit Authority (local government)
issues Building Permit to Builder, each
Owner and Applicant (if different)
Construction Commences
Inspections during construction (if required)
Construction complete
Provides Notice of Completion to Permit
Authority (local government) within 7 days of end
of construction
Class 2 to 9 buildings must obtain an Occupancy Permit before being occupied
(see figure 4)
Figure 3
12

Occupancy Permit/ Building Approval Certificate Process
Only required for Class 2—9 Buildings
New Buildings
Owner engages a registered building
surveyor
Registered building
surveyor issues *
Certificate of
Construction Compliance
Application for Occupancy
Permit/Building Approval
Certificate lodged with
Permit Authority
Existing Buildings
Registered building
surveyor issues *
Certificate of
Building Compliance
* See table 6 for
explanation of
circumstances for
when an
Occupancy Permit
or Building Approval
Certificate is
required
Permit Authority (local
government) checks
application conforms
(in accordance with s58 of the
Building Act)
Permit Authority (local government)
issues Occupancy Permit/Building
Approval Certificate to each Owner and
Applicant (if different)
Figure 4
13

Permits and Certificates
The permit authority will issue permits (including the building approval certificate).
These permits are to be signed by an officer who has the right to act on behalf of the
permit authority by delegation of powers (under section 127 of the Building Act).
Applications for a Building or Demolition Permit
Buildings That Do Not Need a Permit - s66 to s74
Although all buildings and incidental structures are required to comply with the
building standards, there will be some buildings that do not require a building,
demolition or occupancy permit.
The regulations prescribe the areas and types of buildings and building work that do
not require a building permit. These are listed in detail in Schedule 3 of the Building
Regulations 2011.
The Building Act provides that the following buildings (and incidental structures) don‘t
require a building permit:
Temporary buildings (that will stand for no longer than one month), unless
members of the public normally use or are permitted access to the building
Buildings incidental to infrastructure or that is/will be used in the construction,
operation or maintenance of road, rail, port, harbour, airport, water, sewerage,
electricity, oil or gas supply infrastructure, or buildings incidental to shipping and
boating facilities used in the construction, operation or maintenance of facilities
defined in the Marine and Harbours Act 1981 section 5(1)(i), unless it is/will be a
residential facility, a recreational facility that members of the public are permitted
access to or normally use.
Buildings incidental to mining operations, exploiting petroleum and other
resources and to industrial processing plants that is/will be used in the
construction, operation or maintenance of a place where mining operations occur,
unless it is/will be a residential facility, a recreational facility that members of the
public are permitted access to or normally use.
The details of the definitions and connected legislation are in the Act and
Regulations.
Building Permit - s16
A local government permit authority will need to run two approval streams. Both
certified and uncertified building permit applications must be processed by a local
government permit authority
A permit authority may place conditions or requirements on a permit that relate to the
specific application where required. A permit authority may not add conditions that
would change the certificate of design compliance, i.e. changing the drawings or
specifications or the way the building complies with the building standards.
14

If the application is declined, the permit authority must, within 5 days, provide the
grounds and reasons for the decision to the affected person (normally, but not
always, the applicant or owner) in writing. It must also state the right of review in the
State Administrative Tribunal. An approved form will not be required for this
notification, but the contents of such a notice are contained within the Building
Regulations 2011.
When a permit authority grants a building permit, a copy of the permit must be sent
to each owner listed on the building permit application, the builder and the applicant,
if the applicant isn‘t the builder or owner.
Certified - s14
Certified building applications must be submitted with an attached certified certificate
of design compliance, signed by an appropriately registered building surveyor. A
permit authority must be satisfied as to each of the matters mentioned in section
20(1)(a) to (s) of the Act. A list of these requirements is described in table 4 below.
The certificate of design compliance provides evidence that the plans meet the
appropriate building standards. The permit authority is not obliged to review the
certificate of design compliance, and the plans associated with it.
The permit authority can accept a certified application for a complete building or for
part of a building.
The permit authority may refuse to grant a permit if it considers that there is a
significant error in the information or a document (including the certificate of design
compliance) associated with the application or that granting the permit would be
inconsistent with any of its functions under any written law or an agreement with the
owner.
The permit authority will then need to check the prescribed authorities, such as
planning, heritage, and/or health requirements, if these issues have not been
covered by the certificate of design compliance.
Once the permit authority is satisfied that the application meets the requirements, it
must issue a building permit. This must be done within the prescribed time of the
application being lodged, being 10 business days.
If further information is required the further information must be supplied within the
time specified by the permit authority. If this is not the case, the permit authority may
refuse to consider the application. A maximum time limit will be prescribed in
regulations. The prescribed time for the applicant to supply further information is a
maximum of 21 (calendar) days. As the clock is reset when additional information is
received, the permit authority has an additional 10 business days to make a
decision on the application.
15

If a decision is not made in time, the application is deemed refused, and the
applicant/owner can appeal to the State Administrative Tribunal for a determination
on the decision.
The permit authority may continue to process and determine the application after the
prescribed time has elapsed. However, the permit authority must refund the
application fee.
Uncertified - s17
This type of permit application is essentially the same as the system under the Local
Government (Miscellaneous Provisions) Act 1960, where the permit authority will
accept an application, but only for class 1 and 10 buildings. The permit authority will
then assign the application to a suitably qualified registered building surveyor. It‘s
likely that this person will be employed within the same local government, but there
is no requirement to do this.
Once the registered building surveyor has issued a certificate of design compliance
to the permit authority and the permit authority is satisfied that the all requirements
have been met, it must issue a building permit. This must be done within the
prescribed time of the uncertified application being lodged, being 25 business days.
If further information is required the further information must be supplied within the
time specified by the permit authority. If this is not the case, the permit authority may
refuse to consider the application. A maximum time limit will be prescribed in
regulations. The prescribed time for the applicant to supply further information is a
maximum of 21 (calendar) days. Once the information has been provided, the permit
authority has an additional 25 business days to make a decision on the application.
A local government (as opposed to a permit authority) can accept an uncertified
application for class 2 to 9 buildings, but only via their certification function, if they
have one. Once the local government certification area issues a certificate of design
compliance, the applicant or owner can apply to the permit authority part of the local
government for a building permit.
16

Checking Applications
When accepting applications for a building permit, a permit authority must check the
following, as outlined in section 16 and section 20 of the Building Act.
Section 16
Building Permit Application: Certified and Uncertified
Section 16: Making an Application
Section Requirement Explanation
(a)
(b)
(c)
(d)
Must be made in an approved
manner and form. The form must be
filled out completely and correctly.
Must name, and be signed by, each
owner of the land on which the
building or incidental structure is to
be located.
Must name, and be signed by, the
person who proposes to be named
as the builder on the building permit,
or the demolition contractor on the
demolition permit.
Must provide prescribed information
about the building or incidental
structure and the persons mentioned
in paragraph (b) or (c).
Available at:
www.buildingcommission.wa.gov.au.
An agent or attorney can sign on
behalf of an owner. The Permit
Authority can ask for proof of the
agreement that an agent can sign
for the owner.
If the builder or demolition contractor
is a corporation the application can
be signed by an officer or agent of
the corporation.
If an owner-builder, approval from
the Building Services Board must be
attached to the application.
The prescribed information is
contained in the application form
(which is why it is important for the
form to be filled out completely and
correctly). The following is listed in
the regulations and is in addition to
(b) and (c):
Address of the property on
which the building or incidental
structure will be (or is) located;
The intended use of the
building/structure;
The postal address of the
builder/demolition contractor;
Contact details of the
builder/demolition contractor;
The registration number of the
person as a building services
contractor, or the number of the
owner-builder approval given by
the Building Services Board;
17

Building Permit Application: Certified and Uncertified
Section 16: Making an Application
Section Requirement Explanation
(e)
(f)
(g)
(h)
(i)
(j)
If a certified application, must be
accompanied by a certificate of
design compliance for the building or
incidental structure that is the
subject of the application, that is
signed by a building surveyor and
complies with section 19.
If a certified application, must be
accompanied by the plans and
specifications that are specified in
the certificate of design compliance
for the building or incidental
structure that is the subject of the
application.
If a certified application, must be
accompanied by a copy of each
technical certificate signed by a
specialist that the building surveyor
has relied on to sign the certificate of
design compliance.
If an uncertified application, must be
accompanied by the plans and
specifications for consideration by a
building surveyor under section 17.
Must be accompanied by each
technical certificate that is
prescribed to accompany the
application
Must be accompanied by evidence
that the applicable provisions of the
Home Building Contracts Act 1991
requiring insurance or corresponding
cover have been satisfied.
The Building Commission will
provide a standard Certificate of
Design Compliance form that will be
available on our website.
The regulations prescribe the details
required on the plans and
specifications.
The technical certificates are listed
on the certificate of design
compliance.
The Building Regulations will not
prescribe any technical documents
that must accompany a certificate of
design compliance.
However, where a registered
building surveyor has relied on
technical documentation, these
should be listed on, and attached
with, the certificate of design
compliance.
The Building Regulations will not
prescribe any technical documents
that must accompany a certificate of
design compliance.
A policy of insurance must be in
place; or corresponding cover as
defined in section 25A of the Home
Building Contract Act 1991 is
provided; or neither the policy of
insurance nor the cover is required
by that Act.
18

Building Permit Application: Certified and Uncertified
Section 16: Making an Application
Section Requirement Explanation
(k)
(l)
(m)
Must be accompanied by evidence
that the applicable provisions of the
regulations mentioned in the
Building Services (Complaint
Resolution and Administration) Act
2011 Part 7 Division 2 requiring
payment of a building services levy
have been satisfied.
Must be accompanied by the
prescribed fee, if any, for the
application.
Must be accompanied by each other
thing that is prescribed to
accompany the application.
Ensure the application is
accompanied by a payment of
0.09% of the value of building work
but not less than $40.50, which the
permit authority must, within 14 days
after the end of the month in which it
grants the permit, remit the amount
to the Building Commissioner. Refer
regulation 12(2) and 18 of the
Building Services (Compliant
Resolution and Administration)
Regulations 2011.
The fees prescribed in Schedule x
Division x of the Building
Regulations 2011 are payable on
application.
Refer regulation xx(x) [17(4)] of the
Building Regulations 2011 for each
other thing that must accompany an
application.
Table 3
19

Section 20
Building Permit Application: Certified and Uncertified
Section 20: Grant of Building Permit
Section Requirement Explanation
(1)(a)
(1)(b)
(1)(c)
That the applicant has complied with
section 16.
That the person mentioned in section
16(c):
(i) is a building service contractor
who is entitled under the
Registration Act section 11 to be
named as the builder on the
building permit; or
(ii) has owner builder approval
under the Registration Act to
carry out that work; or
(iii) is a person or in a class of
persons prescribed for the
purposes of the Registration Act
section 7(2)(c) who may be
named as the builder on the
building permit, unless the
building work is of a kind
specified by the regulations.
That a certificate of design
compliance for the building or
incidental structure that is the subject
of the application complies with
section 19.
Covered by checklist for section 16
Section 16(c) requires the name and
signature of the builder
(i) Requires the builder to be registered as
a building contractor. A list of building
contractors is available at:
www.buildingcommission.wa.gov.au.
(ii) Regulations require the owner builder
approval is attached to the application.
The owner builder approval is provided by
the Building Services Board. More
information is available at
www.buildingcommission.wa.gov.au.
(iii) Is a registered builder. This can be
verified by searching the appropriate
database on the Building Commission
website.
NOTE: Where the building permit application
is in relation to a building work that is not
―builder work‖ as defined in the Building
Services (Registration) Regulations 2011, then
anyone can be named as the builder.
The standard, approved, certificate of
design compliance form is available at:
www.buildingcommission.wa.gov.au.
It is important to ensure this approved
form is used.
20

Building Permit Application: Certified and Uncertified
Section 20: Grant of Building Permit
Section Requirement Explanation
(1)(d)
(1)(e)
(1)(f)
That the building surveyor who
signed the certificate of design
compliance:
(i) is entitled under the Registration
Act to sign certificates of design
compliance for buildings or
incidental structures of the kind
that is the subject of the
application; and
(ii) is an independent building
surveyor in relation to the
application.
That the certificate of design
compliance is issued by a person
who:
(i) is a building service contractor
who is entitled under the
Registration Act section 11 to
issue the certificate; or
(ii) is a person or in a class of
persons prescribed for the
purposes of the Registration Act
section 7(2)(c) who may issue
the certificate.
That each technical certificate
mentioned in section 16(i) is:
(i) signed by a person prescribed as
a person who may sign the
certificate; and
(ii) issued by a person prescribed as
a person who may issue the
certificate.
The certificate of design compliance must
be signed by a registered building
surveying practitioner.
(i) List of registered building surveyors
available at:
www.buildingcommission.wa.gov.au.
(ii) The certificate of design compliance
will contain a statement of independence.
‗Independent‘ under the Building Act 2011
means the building surveyor must be
neither the builder, or their employee, or
owner or their employee.
The certificate of design compliance must
also be signed by a registered building
surveying contractor.
(i) List of registered building surveying
contractors is available at:
www.buildingcommission.wa.gov.au.
You will need to check that both the
practitioner and contractor are registered
and have signed the form.
The regulations will prescribe local
governments and state government
agencies as not requiring registration as
building surveying contractors.
NOTE: The certificate of design compliance
must be signed by a registered building
surveyor practitioner (the person), but issued
by the registered building contractor (the
company), to ensure there are sufficient
insurance provisions.
Technical certificates will not be
prescribed for section 16(i) for
commencement day.
21

Building Permit Application: Certified and Uncertified
Section 20: Grant of Building Permit
Section Requirement Explanation
(1)(g)
(1)(h)
(1)(i)
If a part of a building or incidental
structure is proposed to be placed
beyond the boundaries of the land on
which the building work is proposed to
be done, that there is compliance with
section 76 (encroachments).
If the building work may adversely
affect land beyond the boundaries of
the land on which the work is
proposed to be done, that there is
compliance with section 77 (work
affecting other land).
That either:
(i) a policy of insurance is in force in
respect of the building work under
the Home Building Contracts Act
1991 Part 3A Division 2; or
(ii) corresponding cover, as defined in
the Home Building Contracts Act
1991 section 25A, is provided in
respect of the building work; or
(iii) the policy of insurance mentioned
in subparagraph (i) or the cover
mentioned in subparagraph (ii) is
not required under the Home
Building Contracts Act 1991 in
respect of the building work.
The permit authority needs to be satisfied
that any proposed encroachment is
complying with section 76 of the Building
Act. To assist permit authorities the
application for a permit requires a
declaration that there is likely to be an
encroachment.
The agreement from an adjoining owner to
encroach, or a court order, must be
detailed in/attached to the application,
where relevant. This will be a standard
form from the Building Commission.
The permit authority needs to be satisfied
that any proposed building work that may
adversely affect other land is complying
with section 77 of the Building Act. To
assist permit authorities the application
form for a permit contains a declaration
that there is likely to be work affecting
other land.
The agreement from an adjoining owner to
affect their land, or a court order, must be
detailed in/attached to the application,
where relevant. This will be a standard
form from the Building Commission.
Further information on work affecting other
land is available in the Local Government
Manual and in The New Building
Approvals System: Guide to the
Building Act 2011
The regulations require that the applicant
provides a copy of the insurance cover
note or policy with the application.
Corresponding cover is not currently
approved under the Home Building
Contracts Act 1991.
22

Building Permit Application: Certified and Uncertified
Section 20: Grant of Building Permit
Section Requirement Explanation
(1)(j)
(1)(k)
(1)(l)
(1)(m)
That the applicant satisfies any other
insurance requirements prescribed by
regulation or under any other written
law in respect of the building work.
That any building services levy
required to be paid in respect of the
building permit under regulations
mentioned in the Building Services
(Complaint Resolution and
Administration) Act 2011 Part 7
Division 2 has been paid.
If a Construction Training Fund levy is
imposed in respect of the building
work that the levy has been paid.
That the permit authority has complied
with the provisions of the Heritage of
Western Australia Act 1990 in relation
to the application and that granting the
building permit would not be
inconsistent with an order, agreement
or permit under that Act except to the
extent allowed by that Act.
Other insurance will not be prescribed on
commencement day.
Checked under 16(k).
The CTF regulations require payment of
the levy at the time of application for a
permit. Proof of payment needs to
accompany the application. Proof may be,
but is not limited to:
the applicant‘s cheque,
a copy of a credit card receipt
issued by the permit authority
evidence of an electronic funds
transfer.
This applies when the building that is the
subject of a current application is placed
on the Heritage Register before a decision
is made. The Heritage Council can
provide details of orders, agreements or
permits.
23

Building Permit Application: Certified and Uncertified
Section 20: Grant of Building Permit
Section Requirement Explanation
(1)(n)
That the applicant has obtained in
relation to the building work each
authority under a written law that is
prescribed for the purposes of this
paragraph.
The authorities that will be prescribed are:
If the building work is defined as
‗development‘ under s.4 of the
Planning and Development Act 2005
approval under s.162 of the Act;
If the building work involves
construction, alteration or extension of
an aquatic facility (under regulation 4 of
the Health (Aquatic Facilities)
Regulations 2007), an approval given
under Part 2 Division 1 of those
regulations;
If the building work involves the
construction or installation of any
apparatus for the treatment of
sewerage (defined in Health Act 1911
s.3(1)), the approvals required under
s.107(2) of that Act;
An approval required under regulation
12(1) of the Local Government
(Uniform Local Provisions) Regulations
1996 – crossings from public to private
land;
If the work is over a sewer or water
main, the consent required under the
following laws:
o The Country Areas Water Supply
Act 1947, s.43B;
o The Country Towns Sewerage Act
1948, s.42;
o The Metropolitan Water Supply,
Sewerage, and Drainage Act 1909,
s.50A(1) or 66(1)
The application form for a permit will
contain a statement as to whether an
approval has been obtained.
24

Building Permit Application: Certified and Uncertified
Section 20: Grant of Building Permit
Section Requirement Explanation
(1)(o)
(1)(p)
That the applicant has complied or is
complying with each authority
mentioned in paragraph (n).
That the applicant, in relation to the
building work, has complied or is
complying with each provision of a
written law that is prescribed for the
purposes of this paragraph.
The permit authority needs to be satisfied
that the applicant has complied with each
authority mentioned in (n). To assist
permit authorities the certificate of design
compliance will contain a statement from
the registered building surveyor that the
plans and specifications are not
inconsistent with the stated approvals,
such as planning.
The permit authority may wish to form its
own opinion on this matter.
(1)(q)
That the applicant, in relation to the
building work, has complied or is
complying with each provision of a
local government policy or
requirement, not being a written law,
that is prescribed for the purposes of
this paragraph.
The regulations will not prescribe local
government policy requirements on
commencement.
25

Building Permit Application: Certified and Uncertified
Section 20: Grant of Building Permit
Section Requirement Explanation
(1)(r)
(1)(s)
That each notification that is
prescribed for the purposes of this
paragraph to be given in relation to
the building work has been given.
That the applicant has complied with
each other prescribed requirement for
the granting of a building permit on
the application.
Notification must be given to the Heritage
Council of Western Australia that includes
the name, address and contact number of
the applicant and name of the permit
authority to which the application is made,
if the place the application relates to:
o a Heritage Agreement (under
Heritage Act s.29);
o Is entered in the Register of
Heritage Places (established under
the Heritage Act s46);
o Is subject to a Conservation Order
(under Heritage Act s.59);
o Is subject to an Order in Council
(under Heritage Act s80).
The notifications under the following
laws:
o The Country Areas Water Supply
Act 1947, s.43A;
o The Country Towns Sewerage Act
1948, s.41A;
The Metropolitan Water Supply,
Sewerage, and Drainage Act 1909,
s.148.
If the application relates to building work
for a Class 2 to Class 9 building, the
applicant has deposited with FESA the
plans and specifications, specified in the
certificate of design compliance
accompanying the application.
Table 4
26

Demolition Permit - s15 and s21
An application for a demolition permit can be made for an entire building or for an
incidental structure and may apply to one or more stages of demolition rather than
for the entire building.
The application should be considered as an uncertified application, as it will not be
lodged with the permit authority with any prior certification (see table 2). The
timeframe for approving the application is prescribed in regulations. The prescribed
time is 25 business days.
Permit authorities can set the duration of the demolition permit.
The demolition contractor must be qualified to undertake the type of demolition that
is being applied for, and all conditions and other requirements, such as heritage and
provisions for work affecting other land must be adhered to, to the satisfaction of the
permit authority before a demolition permit can be issued.
Checking Demolition Permit Applications
When accepting an application for a demolition permit, a permit authority must check
the following:
Demolition Permit Application Checklist
This is a list of what is required for a demolition permit application, under section 21
of the Building Act.
Demolition Permit Application
Section 21: Grant of Demolition Permit
Section Requirement Explanation
1(a)
1(b)
Application completed fully and
correctly as set out in s16 of the
Building Act 2011.
That the demolition contractor has
any authority under another written
law to do the demolition work.
The application form will be available to
download from the Building Commission
website.
If there is any requirement, primarily under the
Health Act 1911, that the demolition contract
has approvals for specialised demolition work
(such as asbestos removal) that this approval is
attached to the application.
27

1(c)
1(d)
1(e)
1(f)
1(g)(h)
1(i)
1(j)(k)(l)
That the demolition work will
comply with each building standard
that applies to the demolition work.
That consent of the owner of other
land or a court order has been
obtained to authorise an
encroachment or to adversely
affect other land as set out in s.77
(adversely affecting other land) of
the Building Act 2011.
Any part of the building or
incidental structure is proposed to
remain as a permanent retaining or
other protection structure is
suitable for that purpose.
Where required, professional
indemnity insurance or other
prescribed insurance cover is
obtained.
The Building Services Levy has
been paid, and any other levy
(including any levy imposed by the
BCITF).
The proposal complies with
heritage requirements or orders.
The applicant has obtained the
prior approvals (authorities) under
written law prescribed in the
regulations and is complying with
them.
28
The standards are set out in the Building
Regulations 2011, s.x [8], and are:
Before demolition work commences, each
electrical, gas, telephone or water service
to the building must be disconnected;
Material removed or displaced from a
building:
o Must not be placed in such as way as to
cause a floor of the building to collapse;
and
o Must not be placed in any street, road or
right of way; and
o Must be sprayed with water, or
otherwise treated, to prevent any
nuisance from dust; and
o Must be removed from the demolition
site; and
o Must not be burned on the demolition
site;
Any septic tank on the demolition site must
be emptied and either removed or filled with
clean sand;
Any soakwell, leach drain or similar
apparatus on the demolition site must either
be removed or filled with clean sand.
Consent or court order attached to application.
This would be best determined by the Building
Services Department/Registered Building
Surveyor.
Cover note/insurance policy attached to
application.
Payment, or proof of payment, accompanies the
application.
Evidence that application complies with heritage
requirements, when relevant.
The prescribed regulations are:
If the building work is defined as
‗development‘ under s.4 of the Planning and
Development Act 2005 approval under s.162
of the Act.

1(m)
1(n)
1(o)
Confirms the demolition work
complies with local government
policies, etc. that are not
prescribed written laws.
Each notification in the regulations
has been included.
The applicant has complied with
each other prescribed requirement
for granting a demolition permit.
These are prescribed as:
Notification must be given to the Heritage
Council of Western Australia that includes
the name, address and contact number of
the applicant and name of the permit
authority to which the application is made, if
the place the application relates to:
o Is subject to a Heritage Agreement
(under Heritage Act s.29);
o Is entered in the Register of Heritage
Places (established under the Heritage
Act s.46);
o Is subject to a Conservation Order
(under Heritage Act s.59);
o Is subject to an Order in Council (under
Heritage Act s80).
The notifications required under the
Occupational Safety and Health Regulations
1996 – regulation 3.119;
Notification of the intended demolition work
to each person who provides electricity, gas,
telephone, or water services to the property.
There is a requirement that the applicant has
obtained a certificate from the local government
in which the demolition is to be carried out
certifying that the building to be demolished has
been treated to ensure that it is not infested by
rodents.
Table 5
29

Decision Not to Grant a Building Permit or Demolition Permit – s24
A permit authority is not obliged to issue a permit if it considers there is an error in
the application.
Duration of a Building/Demolition Permit
The duration of the building or demolition permit is set at 2 years from the day it was
granted as a default. Any application for an extension of the building permit can be
sent to the permit authority in any format the permit authority allows. The application
for an extension must include the requirements set out in s32 of the Building Act and
associated regulations. The regulations require an application to extend the duration
of a building or demolition permit to include:
the reference number of the permit to be extended;
the proposed new date for the permit to cease to have effect; and
a statement setting out the grounds for requesting the extension;
The permit authority may approve the request only on the grounds that:
any delay in completing the building or demolition work was caused by reason
beyond the control of the applicant; or
other special circumstances warrant acceptance of the application.
The permit authority may issue the extension subject to conditions. Any decision to
refuse an extension can be taken to the State Administrative Tribunal for review.
30

Certificate of
Construction Compliance
Certificate of Building Compliance
Occupancy Permits and Building Approval Certificates –
Part 4
A permit authority will issue occupancy permits, which are only applicable to class 2-
9 buildings, and building approval certificates. Occupancy permits are new to the
building approvals process and building approval certificates will be used for a wider
range of circumstances than previously. They can be used to manage a number of
different circumstances, including:
confirming compliance of a completed building;
temporary or staged occupation of an incomplete building;
approving a permanent or short-term change of use and/or classification;
registration of a strata scheme, plan of re-subdivision;
retrospectively approving unauthorised buildings; or
confirming compliance of an existing, authorised, building.
Occupancy Requirements Matrix
Building has a current Building
Permit
Class 2 – 9
buildings
Class 1 & 10
buildings
Completed building
Temporary or staged occupation
of an incomplete building
Occupancy
Permit
All other applications
Short term change of use
Permanent change of approved
use and/or classification
Registration of strata scheme,
plan of re-subdivision
Retrospectively approving
unauthorised buildings
Confirming compliance of an
existing, authorised building
Short term use of transient
buildings (Circus tents, market
buildings etc)
Occupancy
Permit
Building Approval
Certificate
(mandatory when
retrospectively
approving
unauthorised
buildings and
registration of strata
plans)
Table 6
31

Application for Occupancy Permits
Occupancy Permits - s40 to s65
Under the Building Act 2011 it is an offence to occupy a building without a valid
occupancy permit. The permit confirms that the building is safe to occupy and that it
meets all relevant building regulations and standards. The owner of the building is
responsible for ensuring that the occupancy permit is complied with.
Occupancy permits can include requirements for ongoing use of the building
including specifying the maintenance, testing and inspection of equipment,
machinery and systems in the buildings.
In addition regulations may require mandatory testing, maintenance or other
requirements dealing with health, safety, amenity and sustainability of a building.
Building Approval Certificates - s46 to s65
Building Approval Certificates are available for single residential and non habitable
buildings and incidental structures where an occupancy permit is not required.
Building Approval Certificates are not mandatory, but can be used to confirm the
status of a building for a legal, insurance or any other reason.
Certificate of Construction Compliance - s56
A certificate of construction compliance accompanies an application for a permanent
occupancy permit for new Class 2–9 buildings. It can also accompany an application
for a building approval certificate for new Class 1 and 10 buildings. A building with a
certificate of design compliance will need a certificate of construction compliance
when applying for an occupancy permit unless strata titling is needed.
The certificate of construction compliance confirms that the construction has been
completed in accordance with the certificate of design compliance (that accompanies
a building permit) including that all tests and inspections have been undertaken.
Certificate of Building Compliance - s57
When submitting an application for an occupancy permit or building approval
certificate when the building doesn‘t have a current certificate of design compliance,
a certificate of building compliance must accompany it. This certificate of building
compliance confirms that the building or structure complies with the regulations that
were or are pertinent to it. The certificate of building compliance can be used for a
wide range of circumstances, as is outlined in Table 3. It should be noted that an
unoccupied new building requiring strata titling would require a certificate of building
compliance, not a certificate of construction compliance.
32

Strata Applications – s50
When applying to register a strata scheme, or a plan of re-subdivision, the process
requires lodging an occupancy permit application, or building approval certificate
application, depending on the circumstances as set out in Table 3. This new process
will replace the old ‗Form 7‘ that was available from Landgate. The application must
include a certificate of building compliance, certified by a registered building
surveyor.
An occupancy permit or building approval certificate will confirm to Landgate that the
building complies with the relevant building approvals, including where appropriate,
those relating to strata titling or re-subdivision.
33

Notices
Notice of Decision Not to Grant a Permit - s24
Permit Authorities are required to give written notice of the decision not to grant a
permit within 5 days of the decision being made. The Notice must contain the
grounds and reasons for not granting the permit. As with all other permits,
applications and notices, a standard form will be available to download from the
Building Commission website.
Notice of Completion - s33
The builder or the demolition contractor must submit a notice of completion to the
relevant permit authority within 7 days of completion of the building or demolition
stating that the building work for which the permit was granted has been completed.
This applies to all types of building.
A notice of completion establishes the end date of the building or demolition permit
for compliance and record keeping purposes. It also signifies the point from which
the builder or demolition contractor has fulfilled his obligations regarding compliance
with the Building Act. It must be accompanied by a copy of a certificate for each
inspection or test that applies to the permit.
A notice of completion does not affect contractual matters such as the contents or
timing of a notice of practical completion or any requirements to make good any
defects to a building before a final certificate is issued. If the building work to rectify
any defects requires a building permit, an application can be made to restore the
original building permit (Building Regulations relating to section 32(3)) or an
application can be made for a new building permit for the remedial work.
Notice of Cessation - s34
A builder or demolition contractor can issue a Notice of Cessation to a permit
authority that triggers suspension of the permit (s35) and notifies the permit authority
that work has stopped. This can be issued at any time whilst the building or
demolition permit is in effect.
Any inspection certificates are to be submitted with the Notice of Cessation for
storage with the relevant building records.
34

Suspension of Building or Demolition Permit - s35
Suspension occurs when there is no nominated builder or demolition contractor
responsible for the work. This can occur if:
the responsible person is dismissed or walks away from the job, and provides the
permit authority with a Notice of Cessation; or
the responsible person ceases to be eligible under the Registration Bill.
The permit has no effect from the start of the suspension until the relevant permit
authority approves a new builder or demolition contractor, or until the permit
expires.
Work Affecting Other Land - Part 6
The extent to which a permit authority is concerned with work affecting other land is
to check that the certificates supporting permit applications, for instance the
certificate of design compliance, show that the building work is likely to adversely
affect neighbouring land. This covers building or demolition work that may adversely
impact other land (or structures on the neighbouring land) by affecting its bearing
capacity or drainage; cause the need for protection structures, such as underpinning
or piling; change party walls or fences; or require encroachments or access onto the
other land.
If this is the case, there should be a notice and permission documents attached to
the application. If there is no mention of the likelihood of the building work affecting
other land on the supporting certificate, then the permit authority can either rely on
this information, or can, when assessing the application, decide that there is a
likelihood of the building work affecting other land and request that consent is sought
form the affected party.
In circumstances where there is a need to enter, or likelihood that the building work
will affect, other land during construction, there is now a formal process to follow.
This process is primarily between the builder and the owner of the effected land.
Consent from the owners of the land, or a court order, will be required before any
work affecting other land is commenced, or any encroachment or access is made.
35

Notice of Work Affecting Other Land - s85
The Notice of work affecting other land is a standard form available to download from
the Building Commission website. It will ask for details about the work affecting the
other land, including how and what might be encroaching, what the impact might be
to the other land and information on any protective measures will be put in place,
such as structures. This notice also covers if there is need for a worker to access
other land or if there is an issue with party walls or boundary fencing.
The Notice will have a standard approval form attached to be completed by each
owner of the affected land (or their agent under a power of attorney) to give, or not
give, consent.
If the consent is not given, then it is possible to apply through the Magistrates Court
for a court order to make a judgement on whether the work can continue as planned.
In addition, if consent or a court order is given for the work, then the person
responsible for the work (usually the builder) must give the affected owner(s)
reasonable notice that work is about to commence. This would generally be 24 hours
notice, but could be longer or shorter depending on circumstances.
Obtaining Consent or Court Orders Process - s83
It is found that it is reasonably likely that work will affect other land or structures
The person responsible (Builder or Demolition Contractor) must give Notice of Work
Affecting Other Land to each owner of the affected land
Undertake
agreed
measures
Yes
Consent
obtained
No
Court order
obtained
Yes
No
Work is not
allowed to affect
other land
Work to continue in accordance with ruling
Responsible person (builder or demolition contractor) to give each owner
of affected land a copy of the court order within 7 days
36
Figure 5

Court Orders - s86
A court order can be sought from the Magistrates Court if consent from the owner
has not been given within a statutory 28 days after the notice was given to the
owner, or if the person responsible for the work is asked to provide further
information, the time limit is 14 days after the further information was given.
Encroachment - s76
The person responsible for the work (defined as the person nominated as the builder
or demolition contractor on the building or demolition permit, or owner if there is no
permit) cannot extend a building or structure onto adjoining land without the consent
of the owner of the affected land.
There are situations where the consent of the owner is not given or needed:
When the encroachment is allowed through a court order;
When the encroachment is prescribed as minor; and
When the encroachment is over Crown land, and the permission of the Minister is
given.
Minor Encroachments
No consent is needed in cases where the encroachment is deemed minor. The
definition of a minor encroachment is contained within the Department of Lands
‗Government Land Bulletin No. 5 – June 2003‘, where the details are set out in the
bulletin‘s annexure. This document will be referenced within the regulations for the
Building Act. This document is available from the Department of Regional
Development and Lands.
Crown Land
When an encroachment is over Crown land and is not of a minor nature, permission
must be sought from the Minister responsible for the Land Administration Act 1997,
who is the Minister for Regional Development and Lands.
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Mandatory Inspections
The building permit may prescribe inspections or tests to be carried out during
construction and reported to the permit authority. The person named as builder on
the building permit is responsible for arranging for a qualified person to carry out the
inspection or test and provide an inspection certificate that can be provided to the
permit authority at the end of the construction period.
Mandatory Inspections Prescribed by the Regulations
For Class 2 to 9 buildings the regulations prescribe inspections to be done either
during or at completion of a build work. The requirements are limited to fire safety
issues are listed in Schedule x, Division x of the Building Regulations. Not all the
inspections listed need to be done, if they are not relevant to the building and it is up
to the building surveyor to decide which of these inspections is relevant.
Mandatory Inspections Prescribed by the Building Surveyor
From commencement of the Building Act the building surveyor signing the certificate
of design compliance can also require inspections and tests for an individual
building. The Building Regulations will limit the possible inspections to those listed in
Schedule x, Division x. A building surveyor can choose the inspections or tests from
this list, and can require as many inspections as is necessary. However, a building
surveyor cannot require any inspections or tests that are not listed in the Building
Regulations. The builder must arrange for mandatory inspections to be carried out by
a qualified person.
Who is Qualified to Inspect
For commencement day the people qualified to carry out any mandatory inspection
are:
Registered architect;
Registered building practitioner;
Registered building surveyor;
A person registered on the National Professional Engineers Register.
Self Certification or Independent Checking
The Building Regulations will state whether the inspection can be self-certified or
must be independently certified. Self-certification allows the person responsible for
the work to also check the work, in the same way that pilots carry out pre-flight
checks. This means that a registered building practitioner who is also the registered
building contractor, or is the nominated supervisor for the registered building
contractor, or is employed by the registered building contractor can check work done
by that builder. Independent checking requires a person who is not the builder, or
not the registered building contractor‘s nominated supervisor or not employed by the
builder to check the work of the builder.
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Where the builder is an owner-builder, all mandatory inspections must be certified by
an appropriately registered person. In most cases this will require independent
checking, except where an owner builder is otherwise qualified to do the inspections.
Building Information - s128
Permit authorities will be required to keep records of all building related information.
Permit authorities must keep a register of permits, building approval certificates and
orders made by the permit authority. This must be kept in a manner that is
prescribed by the Building Commission.
A permit authority must amend the register to reflect any changes to a building
permit, a demolition permit, an occupancy permit, a building approval certificate or a
building order.
Public Access to Register of Permits - s128/129
The register of permits, certificates and building orders must be available for
inspection by members of the public during normal office hours. The register is an
open and free resource.
Access to Building Records - s130/131
The permit authority must make available copies of building records, such as a
building permit, demolition permit, occupancy permit, building approval certificate or
building order. Copies of these are restricted and a prescribed fee will be charged to
supply the document(s).
Access to these documents requires that the person formally apply and that they are
an ‗interested person‘. An ‗interested person‘ is defined as an owner of the building
to which the building records relate, or someone with written consent from the owner.
Also other interested parties as set out in regulations.
Providing Information to the Building Commissioner - s132
The Building Commission is required to submit an annual report under the Building
Act. Permit authorities are thus required to give the Building Commissioner the
necessary information from their records so that the annual report on the status of
the built environment in Western Australia can be compiled. This requirement
extends to requests from the Building Commissioner for matters that come under the
Building Services (Complaint Resolution and Administration Act 2011. This may
include issues such as monitoring developments relating to the regulation of building
services in the State, administering the collection of the levy, advising the Minister or
providing information, education and/or training on building standards.
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The Building Commission will prescribe the format that this information is delivered
to the Building Commissioner. For more information, please see the Local
Government Manual.
Use of Building Commission Forms
Many of the forms that are set out in the Building Act 2011, are to be standard, and
will be downloadable from the Building Commission website. Permit Authorities will
not be able to change the fields that are set out within these standard forms.
However, the fields can be transposed into a permit authority‗s systems.
Delegations - s127
A Special Permit Authority or a Local Government can delegate any of its powers or
duties as a permit authority to only a person employed by the Special Permit
Authority or a Local Government (under the Local Government Act 1995 – section
5.36). They cannot delegate their power to the private sector. The delegation must
be in writing, executed by, or on behalf of, the Special Permit Authority or Local
Government. The person that has the delegated power cannot delegate those
powers to someone else.
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Enforcement - Part 8
Permit authorities have the necessary powers to ensure work complies with a
building or demolition permit that buildings are used in accordance with an
occupancy permit and that buildings comply with building codes and standards.
The local government may take enforcement action when a building is built, or
demolished without a building or demolition permit.
A permit authority that issued the permit may take enforcement action if building
work:
contravenes a building, demolition or occupancy permit;
is unfit for use or occupancy;
is a danger to occupants or adjoining owners; or
is used in contravention of the Act or regulations.
Authorised Persons - s96
Authorised persons carry out enforcement functions for permit authorities.
Authorised persons may have significant powers to enter buildings and obtain
evidence and therefore are limited to being employees of the relevant permit
authority.
The authorised person must carry an identity card that has been issued by the permit
authority and display it, or have it available, when carrying out enforcement duties.
Enforcement Powers - s100 to s105
An authorised person has the powers to:
enter a building (at the consent of the owner/occupier or with an entry warrant);
inspect a building and take evidence, giving a receipt of any object taken from the
premises;
evacuate a dangerous building or direct someone from a dangerous place, or
give directions generally;
obtain information; and
use force or assistance.
Entry Warrant - s106 to s109
An authorised person can obtain an entry warrant form a Justice of the Peace, and
the warrant must be executed by any authorised person.
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Building Orders - s110 to s118
Building Orders (a standard form from the Building Commission) can be used to
require someone to:
stop suspected unauthorised building or demolition work;
remove a suspected unauthorised building or incidental structure;
do new building or demolition work to prevent or stop unauthorised work or an
unauthorised building or incidental structure;
evacuate a building that has been built or occupied without authorisation;
take action to prevent breaching this Bill;
provide an appropriate finish on a close wall; or
deal with a dangerous building or incidental structure.
The issuing person or permit authority must give 14 days‘ notice of a proposed
building order and why it is to be served. A response can be submitted to the issuer
and the response must be taken into account before the building order comes into
effect. The building order can be issued for a limited time, and once the order has
been complied with, the person must notify the issuer.
A building order cannot be issued when:
the building has a valid occupancy permit or building approval certificate;
an application has been made for an occupancy permit or building approval
certificate and the application is still under consideration;
an application for an occupancy permit or building approval certificate has been
refused but the period for application for a review has not expired; or
an application for review has been made and the SAT is still considering the
review.
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Legal Proceedings - Part 12
Permit authorities and local governments will be the only entities that will be able to
prosecute offences. There is a 6 year limit to prosecute for:
no building permit;
no demolition permit;
building work not in compliance with a building permit;
demolition work not in compliance with a demolition permit;
building work not in compliance with applicable standards;
buildings not in compliance with applicable standards;
demolition work not in compliance with applicable standards whether done by a
demolition contractor or by an owner;
unauthorised building encroachments;
adversely affected land without consent or court order;
unauthorised protection works or failing to notify the affected owner or the permit
authority;
unauthorised works affecting a party wall, substantial dividing fence or boundary
retaining wall; or
failing to provide the requisite notification to the affected owner (79(2)(a)) or the
permit authority.
For any other offence, the time limit is 3 years.
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Transitional Arrangements - Part 16
To help make the introduction of the new building approval system as smooth as
possible, regulations and guidelines will clarify what happens over the transition
period.
Lodging Applications in the Transition Period
If an application for a building licence is lodged before commencement of the
Building Act, but the licence is approved after the commencement, then a Transition
Building Permit will be issued. This will be a building permit, but it will be allowed to
be incomplete where there were no requirements in the previous system.
As Permit Authorities cannot specify conditions to a permit that affect the building
standards covered in a Certificate of Design Compliance under the new Act, but can
under the previous regime, Transition Permits will be allowed to contain conditions
relating to building standards, as there will be no Certificate of Design Compliance.
Disclaimer:
The information contained in this document is a guide to the new building approvals
system under the Building Act 2011. The information provided is not intended to be
exhaustive or legal advice to you. Should you be unclear as to your obligations you
should seek independent legal advice.
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