WA – HENDRY building surveyors report that caution will need to be exercised when deciding if a building project may be considered as being exempt from needing a Building Permit, as per the provisions contained under Part 5 of the Building Act 2011 which allows for building permit exemptions.

This part of the Building Act 2011 fundamentally exempts specific prescribed buildings and structures from requiring a building permit, as they are already adequately regulated by other legislation specific to the industry. The exemption does not extend to buildings with a residential use or buildings to which the public would normally use, or are permitted access to.

It is strongly advised that a legal opinion is sought, or confirmation by the Building Commission is received, before assuming that a project achieves the prescribed criteria for being exempt from needing a Building Permit under the Building Act 2011.

Moreover, an exempt building or structure is still required to achieve compliance with the Building Code of Australia, as section 37(2) of the Building Act 2011 states that the exempt structure still ‘…complies, when completed, with each building standard that applies to the building or incidental structure’

The role of certifying compliance with the Building Code of Australia can only be carried out by Building Surveyors who are appropriately registered under the new Building Services (Registration) Act 2011.

Building Legislation Table

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