WA – HENDRY building surveyors advise that the Building Act 2011 allows for a builder or developers to engage private registered building surveyors to certify that the technical provisions of the building regulations and the Building Code of Australia (BCA) are complied with (certificate of design compliance) with the documentation lodged at the local council where a building permit under the Building Regulations 2012 is issued by the Council.

Building Permits – Building Act 2011

Most building work requires a building permit under the Building Act 2011. The building permit is obtained from the relevant permit authority – usually the local government in whose area the building is located. Under the Building Act 2011 formal building permit application must be signed by each owner, consenting to the work being done on their land, and by the builder who will be responsible for the work. The application must also include details about the proposed building or incidental structure, evidence that prescribed approvals have been complied with, and must be accompanied by payment of the Building Services Levy and the building permit fee paid to the permit authority. There are two sorts of applications for a building permit under the Building Act 2011

  1. A certified application, where the application contains a certificate of design compliance signed by a registered building surveyor that the building will meet the applicable building standards;
  2. An uncertified application, where the permit authority is required to obtain a certificate of design compliance.

Certified Applications – Building Act 2011

You can make a certified application for any class of building or incidental structure. The Building Act 2011 requires a registered building surveyor audits the proposed design and signs a certificate of design compliance. When the building surveyor has signed the certificate of design compliance and you have all the information, approvals and fees needed you can submit a certified application for processing by the relevant permit authority (usually the local government where the building is to be located). The permit authority has 10 business days to process the application.

Uncertified Applications – Building Act 2011

You can make an uncertified application for a class 1 (single residential) or class 10 (shed) building or incidental structure. The permit authority under the Building Act 2011 must get a registered building surveyor to audit the proposed design and sign a certificate of design compliance. The permit authority will then process the application. There is a prescribed fee based on the value of the building work, and the permit authority must check, certify and process the application within 25 working days. Before you make an uncertified application you must still provide all the necessary information to allow the application to be processed.

The following check list outlines the information required to accompany an application for building permit under the Building Act 2011 stemming from the Building Regulations 2012.

Requirement Comment
Correct form There is a standard building permit application form that be downloaded from the Building Commissions Website. This form must be properly filled in and contain the necessary attachments
Name, contact details and signature of the owner This protects against fraud and unauthorised building. The form can be signed at any stage prior to lodgement, and can be signed by authorised agents or officers of corporations
Name, contact details and signature of the builder This ensures the builder is prepared to take the responsibilities of the builder under the Act
Certificate of design compliance
[certified applications only]
This must be on the approved form, signed by an appropriately registered building surveyor practitioner and issued by a registered building surveyor contractor or a local government
Technical certificates relied on by the building surveyor [certified applications only] These include things like engineers certificates. The building surveyor signing the certificate of design compliance can choose to rely on technical certificates
Plans and specifications A set of the plans and specifications that are specified in the certificate of design compliance or that are required to be certified in an uncertified application. These must show how the building complies with the Building Standards
Evidence of home indemnity insurance [only applicable to home building work covered under the Home Building Contracts Act] A copy of the policy or brokers certificate is sufficient
Building Services levy Payment is made to the permit authority and either forwarded to the Building Commission when the permit is grated or refunded if the permit is refused
Building Permit Fee Payment is made to the permit authority. It is kept by the permit authority if the permit is issued or refused within the prescribed time. It must be refunded if the application is not processed within the prescribed time

Building Legislation Table

Refer to our Building Legislation table for further information on the building control process.