Building Licenses

A building permit is required for all buildings erected in Westonia prior to any work commencing. A building includes dwellings, patios, sheds, pools and pergolas.

People wishing to apply for a building permit will need to call in to the Shire of Westonia's offices to collect a yellow building permit application envelope in which to submit their building permit application.  They can also collect an uncertified or certified building permit application form from the shire's offices.  People submitting either a certified or uncertified building application form will also need to submit two copies of their plans for the construction work they wish to undertake.  A building permit fee will also be advised by Allan Ramsay Building and Health Surveyor and this amount is then payable to the Shire of Westonia directly.

Building Act 2011

The Building Act 2011 governs the way you obtain approvals to build within the Shire and Western Australia. A fee structure applies under the Act and other fees apply from the Shire to enable other functions to be provided.

The Building Regulations 2012 that accompany the Act set out strict timeframes for a Permit Authority (the Shire) to process various applications for Permits. They are 25 working days for Uncertified Applications and 10 working days for Certified Applications.

Certified Application

A Certified Application has all the certification of the building standards (BCA & Australian Standards) completed prior to the application being lodged with the Shire. A signed Certificate of Design Compliance must be lodged with the application as evidence that the required certification has been undertaken by a Registered Building Surveyor. This certification must be provided by a Private Building Surveyor.

Certified Building Permit Application Form

Uncertified Application

An Uncertified Application can be submitted for Class 1 (dwellings) and Class 10 (outbuildings, patios, pools etc). The Certification process has not been undertaken when the Building Permit application is submitted and the Shire will have the plans and specifications assessed by a qualified Building Surveyor as a part of the process, issue the Certificate of Design Compliance if the plans comply with the building standards and then issue the Building Permit.

If information is missing from the application for a Building Permit, the Permit Authority will provide the applicant at least 21 days to provide the necessary information. If the information is not received within a reasonable time, the Permit Authority may refuse the application. In that case, the Permit Authority keeps the fees and the applicant will need to reapply.

Uncertified Building Permit Application Form

Guide to lodge an Uncertified application

Notice of Completion

The Builder is required to send a Notice of Completion to the Shire within 7 days of completing the building project. A standard form for this is available from the Building Commission's website. The Building Regulations 2012 provides for a penalty if the Builder fails to send the notice within the 7 days.

Fees

The Shire recommends that you visit the Building Commission website and access the detailed information provided for further advice.

Should you wish to discuss any of the above further, please contact Allan Ramsay Building and Health Surveyor on (+61) 0419 952 043  or email allanramsay@bigpond.com c or visit the Building Commission website.

 

Submitting a Building Permit Application

Under the Building Act 2011 a building permit must be obtained prior to commencing construction, alteration or structural repair works to a building. This includes minor structures such as patios, sheds, swimming pools and spas. Please check with the Shire to confirm that your proposal is not exempt as there are some exemptions that apply.

Making an Application

There are two ways to apply for a Building Permit for new building work.

A Certified Application (application form BA1) must include a Certificate of Design Compliance (form BA3) from a Registered Building Surveyor confirming that the design complies with the National Construction Code and other statutory requirements. The Certificate of Design Compliance must reference plans and specifications that demonstrate compliance, which must also be provided in the application.

An Uncertified Application (application form BA2) requires the Local Government, as the permit authority, to assess the proposal and issue the Certificate of Design Compliance in conjunction with the Building Permit. Under the Act an Uncertified Application can only be made for class 1a and class 10 buildings.

Both application types must include 1 copy each of the application form, the Certificate of Design Compliance (if applicable) and any referenced or required documents. The Shire will only accept complete applications with the documents and application fee paid at submission. The Shire provides checklists and information sheets to guide in the preparation of an application. Applications that are incomplete cannot be assessed, resulting in delays in the overall approval process, and may be refused.

Determining an Application

Applications are assessed for compliance with the Building Act 2011, which requires compliance with the National Construction Code, planning requirements and other relevant legislation. When the Building Surveyor is satisfied that the proposal complies with the relevant requirements a Building Permit is issued.

The Shire must determine a Certified Application within ten business days of submission unless amendments or additional information is requested. For an Uncertified Application, the Shire must assess the proposal and determine the application within twenty-five business days unless amendments or additional information are requested. Information must be provided within twenty-one days of a written request to avoid refusal, unless other arrangements are made with Allan Ramsay Building and Health Surveyor.

A Building Permit is issued with conditions to the approval. These conditions must be carefully read and understood prior to commencing work, and must be adhered to for the life of the work or the building.

Duration of Building Permits

A Building Permit is valid for two years from the date of issue, unless otherwise stated on the permit. If the work cannot be completed within two years the Shire may consider a written request for an extension, provided that significant works have commenced on site.

Appealing Against a Decision

If an application is refused due to non-compliance and the applicant is aggrieve by the decision, they are provided an avenue to appeal the decision through the State Administrative Tribunal (SAT). For more information about the appeal process, please refer to the State Administrative Tribunal website

 

Unauthorised building work

Under the Building Act 2011 it is an offence to undertake building or demolition work without a valid permit, unless the work is exempt. The Shire may take legal action against owners and/or builders who commence building work without a valid permit, with penalties including a fine of up to $50,000 for a first offence, or up to $100,000 and 12 months imprisonment for subsequent offences.

How do I know ?

The Shire is required to maintain records of all Building Approvals, and a property owner may apply for a search of the Shire’s records to obtain copies of any Building Approvals on their property. Please NOTE: the Shire of Westonia has a number of building that have existed prior to the legislative requirement for Building Approvals and some plans may not be available. Building plans could then be used to confirm if each building has been built in accordance with a relevant approval.

If you are considering purchasing a property it is recommended that you request a plan search from the property owner to confirm all buildings are approved prior to settlement. If an offer has been made and accepted for the purchase, the purchaser may apply for a plan search by providing the Shire with a copy of the offer and acceptance.

 

What if i find that a building is unauthorised?

The Act provides an avenue to obtain retrospective approval for an Unauthorised Building by way of an application to the Permit Authority.

For Unauthorised work relating to a class 1a or class 10 building, an application may be lodged for a Building Approval Certificate (application form BA13). This includes residential work, such as unauthorised alterations to a dwelling, and minor structures, such as patios, sheds, swimming pools and spas. For Unauthorised work relating to commercial buildings, approval may be sought by an application of occupancy permit (application form BA11).

Both application types must include a Certificate of Building Compliance (form BA18) from a Registered Building Surveyor confirming that the building complies with the National Construction Code and other requirements under the Act. The application must also include 2 copies of any plans and specifications referenced in the certificate that demonstrate compliance and the certified state of the building. An application for Building Approval Certificate or Occupancy Permit must be determined within 10 business days.

 

Demolition License

A demolition license is required prior to the demolition and removal of any structure.

Certain conditions apply such as the hours of the day that a building can be demolished.

If the building contains any asbestos products, very specific measures are required to ensure that the health and safety of everyone is not compromised.

A Demolition Permit application form is available by clicking on the link below.

Demolition Permit Application Form

For further information contact Allan Ramsay Building and Health Surveyor on (+61) 0419 952 043  or email allanramsay@bigpond.com

 

Planning Applications

Advice for owners as to whether a development or activity requires planning approval from Council and assistance with completing a planning application is available by contacting  Allan Ramsay Building and Health Surveyor on (+61) 0419 952 043  or email allanramsay@bigpond.com

 

Septic Tank Licenses

All waste treatment systems are required to be approved prior to installation. Septic tanks and alternative sewerage treatment systems are inspected at the installation stage and later should problems arise with malfunctions.  For any questions on Septic Tank Licenses please contact Allan Ramsay Building and Health Surveyor on (+61) 0419 952 043  or email allanramsay@bigpond.com

A septic tank or alternative sewage treatment system licence application form is available by clicking on the link below.

Application to Install an Apparatus for the Treatment of Sewage

 

Building in Bushfire Prone Areas

The State Government has passed new legislation requiring new homes and associated structures built in bushfire prone areas to comply with the bushfire construction requirements of the National Construction Code (NCC). These requirements begin to become mandatory from 8 April 2016.

What are the Requirements?

The NCC and AS3959 (Construction of buildings in bushfire prone areas) provide a variety of building solutions intended to reduce the risk of ignition due to ember attack, radiant heat and direct flame contact. These requirements apply to lots in designated bushfire prone areas depending on the Bushfire Attack Level (BAL) of the lot.

What is a BAL ?

A Bushfire Attack Level (BAL) provides design criteria for a building in a bushfire prone area. The BAL is assigned based on the risk and level of bushfire exposure, and may vary from site to site within a subdivision. To identify what requirements need to be met for a lot, a Bushfire Attack Level (BAL) assessment must be undertaken.

When is a BAL Assessment Required?

A BAL assessment is required when a building is proposed in a designated bushfire prone area. To help identify if an assessment is required the State Government has provided a mapping system outlining designated bushfire prone areas across Western Australia. These maps are available through the Department of Fire and Emergency Services website.

For more information
For more information about bushfire prone areas, refer to the Department of Fire and Emergency Services website. You can also find more information about the Bushfire policy framework through the Western Australian Planning Commission and the Building Commission of WA