The building process

Overview

The Shire controls the construction, occupation, and demolition of buildings and incidental structures through the granting of building, demolition, or occupancy permits/building approval certificates, and the enforcement of permit compliance. 

The Shire is responsible for:

• Ensuring that all applications are complete and in order, and that all statutory requirements and approvals are in place

• Granting a permit or certificate when we are satisfied that an application complies with the Building Codes of Australia and all other relevant standards and legislation

• Listing conditions, required tests and/or inspections where applicable on permits or certificates

• Maintaining building records which can be made available to authorised people such as current and subsequent owners

• Enforcing and dealing with non-compliant buildings and incidental structures by inspecting and investigating building work and, where relevant, issuing infringement notices, building orders or commencing prosecution for non-compliance

There is a difference between Planning and Building approvals, and each is controlled by different legislation.

A planning approval ensures that the development of a property within the City complies with the Local Planning Scheme, Residential Design Codes and other relevant legislation and policies.

A building approval ensures that the proposed building work complies with the Building Codes of Australia and other relevant standards and legislation.

Do I need a building permit?

• Swimming pools and spas
• Swimming pool security barriers
• Sheds, garages, and workshops (some exemptions apply)
• Patios, verandahs, gazebos, and pergolas (some exemptions apply)
• Retaining walls in excess of 500mm in height
• Residential dwellings
• Additions and alterations to residential dwellings, including granny flats
• Commercial buildings, including fit-outs and refurbishments
• Industrial buildings
• Water tanks with a capacity over 5000 litres

Building Commission Website

Do I need a Building Permit?

Legislative Framework

In Western Australia, the building approval process is governed by the Building Act 2011 and the Building Regulations 2012, which regulate the construction and/or demolition of buildings and structures, and the occupation of buildings. 

For more detailed information, please refer to the:

Building Services (Registration) Act 2011

Building approval process

The online publication 'A guide to the building approvals process in Western Australia' provides an overview of the building approval process, and is relevant whether you are building a house, office, shed or swimming pool safety barrier; or if you are planning renovations that require building approval.

It includes sections on:

• The State’s building legislation

• The various types of permits and application processes

• Permit exemptions that may apply

• Building standards and certifying compliance

• Retrospective approval of unauthorised work

• What to do if work will affect other land

• The roles and responsibilities of those involved

Please note this guide does not replace the requirement for you to refer to the Building Act 2011 and the Building Regulations 2012 when making a formal decision. 

Roles and responsibilities

The roles and responsibilities of the key players during the building approval and building process are outlined below. 

Applicants 

An applicant is the person making the application. This can be the owner, designer, builder, or anyone else engaged to obtain the permit for the project. The applicant is responsible for:

• Lodgement of permit application with all required supporting documents

• Provision of further information within the specified time if requested

• Obtaining all required approvals prior to lodgement of building permit applications

Owners 

An owner is the person(s) or entity whose name is registered as a proprietor of the land i.e. the name(s) recorded on the Certificate of Title which is issued by Landgate. The owner(s) are responsible for:

• Appointing a new builder in the event the previous builder ceases work prior to completion of building work.

• For Class 2 to Class 9 buildings:
  • Ensuring the safety measures that formed part of the building permit in each part of the building are maintained (Regulation 48A)
  • Ensuring that an occupancy permit is obtained before the building is occupied and that the permit is displayed at the entrance of the building.
  • Ensuring a compliant barrier is installed and maintained (Regulation 50) for all private swimming pools or spas that have the capacity to contain water that is more than 300mm deep.
  • Ensuring that all building work, when completed complies with each applicable building standard even if an exemption applies.

Builders

A builder is the person responsible for the work being carried out under the building permit. The builder is responsible for ensuring home indemnity insurance is in place (if relevant) before starting any building work.

• Ensuring home indemnity insurance is in place (if relevant) before starting any building work.

• Ensuring the building or incidental structure is completed in accordance with the plans and specifications detailed in the certificate of design compliance and that the building complies with each applicable building standard and the provisions in the building permit.

• Ensuring that no work affecting other land is undertaken without consent or court order

• Arranging for any inspections and tests listed on the building permit to be carried out and recorded

• Giving a notice of completion (form BA7) within seven days of completion of the work or stage of the work for which the permit was granted

• Giving a notice of cessation (form BA8) within seven days, if the builder ceases to be responsible for the work

Where works are required to be undertaken by a registered builder, this person is required to be registered as a building contractor under the Building Services (Registration) Act 2011. Refer to “Do I need to be a registered builder” opens fact sheet on the Building Commission website.

Building surveyors

A building surveyor is responsible for determining the classification of the building or incidental structure before signing a certificate of compliance.  

A Building Surveyor is a person who is a registered building surveyor, as defined in section 3 of the Building Services (Registration) Act 2011. The building surveyor is responsible for:

• Certifying the design of new building work to state it will meet the applicable building standards Certifying that the building has been built in accordance with the specified plans and specifications 

• Certifying that existing buildings meet the applicable building standards for temporary or permanent changes of use or classification, or when a building is being strata titled or retrospectively approved

• Certifying that the building in its current form is safe to occupy and use in the way proposed

Private building surveyors

A private building surveyor must be registered as a building surveying contractor under the Building Services (Registration) Act 2011 in order to contract with the public to carry out building surveying work as defined in the Building Services (Registration) Act 2011.

Independent building surveyor 

 All certifying building surveyors must be independent - meaning that they cannot be an owner of the land, an employee of an owner, or the builder or demolition contractor or an employee of the builder or demolition contractor. This applies to both private and local government building surveyors.

Permit authority

 A permit authority is:

• Usually the local government that has responsibility for the area in which the building or incidental structure is (or is intended to be) located;
• A special permit authority or
• The State Government

Under the Building Act 2011, permit authorities have a fixed amount of time to grant or refuse a building application.  If an application is incomplete, or the required approvals have not been obtained, the permit authority is entitled to reject your application and keep the application fee.

If your proposed building works is going to be located within the Shire of Toodyay, you will need to obtain approval from the Shire prior to commencing any building works.

We are responsible for:

• Ensuring that all applications are complete and in order and that all statutory requirements and approvals are in place

• Granting a permit or certificate when we are satisfied that an application complies with the Building Codes of Australia and all other relevant standards and legislation

• Listing conditions, required tests and/or inspections where applicable on permits or certificates

• Maintaining building records which can be made available to authorised people such as current and subsequent owners

• Enforcing and dealing with non-compliant buildings and incidental structures by inspecting and investigating building work and, where relevant, issuing infringement notices, building orders or commencing prosecution for non-compliance

Building classes

The Building Act 2011 adopts the Building Code of Australia (BCA), being Volumes One and Two of the National Construction code series (NCC), as the primary applicable standard for all new building and demolition work. 

Buildings are classified under the BCA by the purpose for which they are designed, constructed, or adapted to be used and may attract a number of classes and be described as a mixed use building.

If you wish to find a list of different building classes (Class 1 to Class 10) and an explanation of each class refer to the Department of Commerce

Determining the value of building work  

When estimating the value of building work, the Building Regulations 2012 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 construction work
• Cost of labour (even if an owner or friend provides this component)
• Fees payable
• Profit margin
• GST
• Services necessary
• Overheads

Choosing the right permit 

To provide for consistency in building approvals throughout the state, all the relevant application forms, notices and compliance certificates are approved by the Building Commissioner and are available on the Building Commission website.

Providing the correct application form together with all required information will help the Shire to process your application in timely manner. 

Building permit 

In Western Australia, it is an offence under the Building Act to commence any building work without a building permit. Generally, a building permit is required for all residential, commercial or industrial structures including but not limited to new works, alterations, additions, swimming pools, spas (below and above ground), pool safety barriers and sheds.

Health or Planning approvals should be obtained  before submitting your building permit application.

Please note: There are three ways to apply for a building permit - see 'How to submit a building application below' for more information. 

Exemptions:

Part 5, Division 2 of the Building Act 2011 and Regulation 41, Schedule 4 of the Building Regulations 2012 outlines building work that does not require a building permit.

Find out more:

Fact Sheet Building Applications Certified Residential Class 1-10 buildings

Fact Sheet Building Application Uncertified New Dwelling Class 1a

Demolition permit

 A demolition permit is required for the demolition, dismantling, or removal of a building or incidental structure.

Exemptions:

Part 5, Division 2 of the Building Act 2011 and Regulation 42 of the Building Regulations 2012, outlines demolition for which a demolition permit is not required.

Find out more: 

Fact-Sheet-Demolition-Permit-Application

Occupancy permit 

 An occupancy permit must be obtained from the Shire before a Class 2 to 9 building can be occupied and must be displayed at the entrance of the building. Occupancy permits cover a number of different scenarios, including:

• Occupying a completed new building or a new part of an existing building
• Temporarily occupying an incomplete building
• Changing an existing building’s use or classification
• Authorising and occupying an unauthorised building

Exemptions:

Occupancy permits are not needed for:

• Existing buildings, unless the use or classification is to be changed
• Class 1a and 10 (single residential) buildings

Occupancy permit - strata

An occupancy permit - strata is required to obtain strata titles from Landgate for Class 2 to 9 buildings.

It is not compulsory to strata title a Class 2 to 9 building, however if you wish to lodge a strata plan for registration or re-subdivide a lot in a Strata Scheme under the Strata Titles Act 1985, you will need to obtain an occupancy permit -strata from the Shire. 

An occupancy permit - strata does not act as an occupancy permit or authorise a person to occupy a building. A separate occupancy permit will be required for such purposes.

Building approval certificate

A building approval certificate is used to:

• Approve any unauthorised building work associated with a Class 1 or 10 building or incidental structure, or
• Certify an existing building’s compliance with the applicable building standards

Building approval certificates are voluntary, however if you have unauthorised buildings or incidental structures, the Shire may require you to demolish these if your application is unsuccessful.  

Building approval - strata

A building approval certificate - strata is required to obtain strata titles from Landgate for Class 1 and 10 buildings or incidental structures. It cannot be used to certify compliance for works carried out without a building permit.

It is not compulsory to strata title a Class 1 and 10 building or incidental structure, however if you wish to lodge a strata plan for registration or re-subdivide a lot in a Strata Scheme under the Strata Titles Act 1985, you will need to obtain a building approval certificate - strata from the Shire. 

How to submit a building application

There are three ways to submit a building application.

In person: Lodge your application at the Shire Administration Office between 8.30am and 4.30pm weekdays

By email: Email your application to records@toodyay.wa.gov.au 

By post: Send your application by post to the Shire of Toodyay Administration, PO Box 96, Toodyay WA 6566

Assessment timeframes

Under the Building Act 2011, the Shire has a fixed amount of time to grant or refuse a permit application.

 The length of time the Shire has to consider an application from when the clock starts is listed in the table below:

The clock starts at 12am the day after a complete application is received by the Shire.

To ensure your application is assessed within the required timeframe, please complete it in full and obtain all required approvals before submitting your application.

The Shire may require an applicant to provide additional information or document(s).

The applicant must submit the additional information or document(s) within 21 days of a written request to avoid the application from being refused.

The Shire is entitled to refuse the application and to retain the application fee If an application is incomplete, or the required approvals have not been obtained.

Appealing against a decision

If an application is refused due to non-compliance, the applicant may lodge an appeal with the State Administrative Tribunal in accordance with the provisions under the Building Act 2011.

For more information about the appeal process, please refer to the State Administrative Tribunal.

Schedule of fees and charges

 All fees are payable at the time of lodging of an application.

Three types of fees may be applied to a Building Approval application.

• The Building Act Fees: The prescribed fee is payable to local government when an application is made. These fees cover the cost of assessment, regardless of the outcome i.e. if the application is refused this fee will not be refunded.

• The Building Services Levy (BSL): A building services levy is payable to local government for building, demolition and some occupancy permits as well as for building approval certificates issued under the Building Act 2011.

The levy is paid for the purposes of funding the operations of the Building Commission to regulate the building services. 

• The Construction Training Fund (CTF) Levy: The training levy is applied to all residential, commercial and civil engineering projects undertaken in Western Australia where the total value of construction is more than $20,000. The rate of the levy is 0.2% of the total contract price (inclusive of GST). 

In most cases, the Levy is paid to the Shire when an application is made alternatively a direct payment to the Construction Training Fund may be made, in which case copy of the receipt is required before the Shire can accept or lodge the application.