Building Act 2011

Building Act 2011- Information

Shire of Broome - Swimming PoolsThe Building ACT 2011 and its effect on you as a builder, owner builder, draftsperson, demolition contractor or swimming pool company.

The Building Act 2011 has been effective since the 2nd of April 2012. It has had an effect on the way you apply for and receive approvals to build. The new act has also introduced a new fee structure - see link in related information section below.

The Building Regulations 2012 that accompany the Act set out strict timeframes within which a Permit Authority (Shire of Broome) is required to process the various applications for Permits. These are 25 working days for uncertified applications and 10 days for certified applications.

What is a Certified Application?

A certified application has all the certification of the building standards completed prior to the application being lodged. A signed certificate of design compliance is lodged with the application as evidence that the required certification has been undertaken. This certification can be done by a private Building Surveyor.

What is an Uncertified Application?

This application is for all classes 1 (dwellings) to 10 (outbuilding, patios etc) only where the certification process has not been undertaken. The Shire of Broome is required to arrange for the plans and specifications to be assessed by a qualified building surveyor, this will generally be someone employed by the Shire of Broome. That building surveyor will issue the Certificate of Design Compliance if the plans comply with the building standards, after which the Shire of Broome can issue a Building Permit.
If information is missing from the application for the Building Permit, the Shire of Broome can give the applicant 21 to provide the necessary information. If the information is not received with the 21 days, the Shire of Broome is unable to offer any more time. The Shire of Broome will refuse to consider the application and it will be refused. The Shire of Broome will keep the fees and the applicant must reapply. If the Local Government Authority fails to assess the application within the time frame, the application is deemed refused and returned to the applicant along with the fees.

From the above, it can be seen that the applicant MUST GET ALL OTHER APPROVALS such as Planning Department, Health Department etc prior to making and application for a Building Permit. Time constraints will not permit these approvals to be sought during the approval process as currently occurs.

Swimming Pool Applications

Swimming Pool companies will have to submit engineering details (when required) with the application rather then relying on the Local Government Agency advising them every time a structural engineer needs to become involved. A separate building Permit Application is required for pool safety fencing if the pool builder is not responsible for the erection of the fencing. This may come from the owner or fencing contractor.

Certified Application must be Complete

You will no longer be able to submit incomplete applications for a Building Permit. It has become common practice to submit an application while you wait for other information to arrive then send that into your Local Government Agency. Item such as those listed below must accompany the application. There may also be other items specific to your application or to the site.

  • Engineering plans or certification
  • Builder must be nominated – all details provided
  • All owners details must be on the application form and the form must be signed by ALL owners.
  • Water Corporation Approval
  • DFES approval where necessary (including unexploded ordinance letters)
  • Septic Tank approval including bushfire prone area requirements
  • Residential Design Code variations
  • Building Code Alternative solution approvals
  • Health Department approval
  • Approvals from every other City Department or Government department that you may need approval from must accompany the application. If you do not do this, you run the risk of having your application refused to be accepted, returned if your application is incomplete or losing your fees and having to re apply.
  • Development Contributions (where applicable) must be paid prior to making your application.

Uncertified Applications

Uncertified application DO NOT require all items accompany it, however if you will be unable to obtain all outstanding items within 21 days you run the risk of having your application refused because of time frames. You will lose your fees and will have to apply again. The Shire of Broome strongly recommends that all applications contain all required items.

Drafting Officer will have to provide much greater details then they currently do. Not only so that the applicant can demonstrate compliance, but also to eliminate the Shire of Broome having to seek clarification because of poorly detailed plans. Remember, if the Shire of Broome has to request additional information, it will offer 21 days to provide the information and this can only be offered once. The Shire of Broome recommends that you visit the Building Commissions website to gain additional information.

Check Sheets

The Shire of Broome has provided check sheets that you need to apply to each application. Not all items on the check sheet will apply to every application. For example, you do not generally require Planning Department approval for development on single residential lots, but there are exceptions tot his. Water Corporation Approval must be obtained prior to making an application in every instance. Check sheets are available below.

Notice of Completion

Within 7 days of the completion of every building project the builder must send a Notice of Completion to the Local Government Authority. There is to be a standard form for this and it can be found on the Building Commission Website or at the below link. The Building regulations provides a $10,000 penalty if the builder fails to send the notice within the 7 days.

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