WA – HENDRY building surveyors advise that the transitional provisions contained under Part 16 of the Building Act 2011 will allow for applications that have not been decided upon by the Local Government, and for approved building or demolition licences, to be considered at and after commencement day as follows:
1. Pending applications will be automatically taken to be an application that has been submitted in accordance with the Building Act 2011, and no further fee will be payable. For instance:
a) An application for a building licence made under the former provisions will immediately be considered as an uncertified application for a building permit as considered under s32 of the Building Act 2011;
b) An application for a demolition licence made under the former provisions will immediately be considered as an application for a demolition permit as considered under s15 of the Building Act 2011.
c) An application for a building approval certificate will take immediate effect as an application for a building approval certificate considered under s51 of the Building Act 2011.
2. A Building or Demolition Licence that was in effect immediately before commencement day will be taken to be a Building or Demolition Permit on the conditions applying to the original licences. This will not take effect if the works have not been substantially commenced within 12 months of the original licence dates.
3. Certificates of Classification that were in effect before commencement day will immediately be taken to be Occupancy Permits from the Building Act 2011 commencement day; and
4. Reviews of decisions made in accordance with s374AAD(1) and s374A of the Local Government (Miscellaneous Provisions) Act 1960 that have been started, but not finalised at commencement date are to be dealt with as if the provisions of the Local Government (Miscellaneous Provisions) Act 1960 have not been amended by Part 15 Division 1 of the Building Act 2011.