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A Guide to the New - Building Commission

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Introduction<br />

The <strong>Building</strong> Act 2011 replaces much of <strong>the</strong> Local Government (Miscellaneous<br />

Provisions) Act 1960, and amends a range of associated acts. The key objectives of<br />

<strong>the</strong> new Act are:<br />

<strong>to</strong> provide a comprehensive system of building control in Western Australia;<br />

reduce building approval times;<br />

set standards for buildings and demolition work in Western Australia; and<br />

deal with building or demolition work that affects o<strong>the</strong>r land.<br />

The <strong>Building</strong> Act brings some significant changes <strong>to</strong> <strong>the</strong> building approvals process,<br />

from <strong>the</strong> design stage right through <strong>to</strong> occupation of a building. The most important<br />

changes include:<br />

Permit Authorities (Local Government)<br />

Permit authorities issue building, demolition and occupancy permits (and o<strong>the</strong>r<br />

associated certificates, requirements and orders).<br />

The State of Western Australia is a permit authority able <strong>to</strong> issue permits anywhere<br />

in <strong>the</strong> state. Each local government is a permit authority able <strong>to</strong> issue permits within<br />

its local government area. Special permit authorities may be created <strong>to</strong> issue permits<br />

in specific areas or for specific types of buildings.<br />

Private Sec<strong>to</strong>r Registered <strong>Building</strong> Surveyors<br />

The <strong>Building</strong> Act 2011 allows for private sec<strong>to</strong>r registered building surveyors. This<br />

means that an applicant will no longer have <strong>to</strong> go <strong>to</strong> <strong>the</strong> relevant local government <strong>to</strong><br />

obtain <strong>the</strong> services of a registered building surveyor, but will have <strong>the</strong> option <strong>to</strong><br />

engage a registered building surveyor from a private company, or any local<br />

government that offers building surveyor services.<br />

This is similar <strong>to</strong> <strong>the</strong> system in o<strong>the</strong>r states in Australia. It is expected that <strong>the</strong><br />

Western Australian market will gear up <strong>to</strong> offer competitive services, as <strong>the</strong> cus<strong>to</strong>mer<br />

has <strong>the</strong> choice of which building surveyor <strong>to</strong> use.<br />

Local governments, in <strong>the</strong>ir function as a permit authority, have greater freedom <strong>to</strong><br />

provide building surveyor services <strong>to</strong> ratepayers, and can offer building surveyor<br />

services on a commercial basis.<br />

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