Changes to Building Permit Exemptions for Private Bushfire Shelters

Published on Thursday, 22 October 2026 at 9:20:19 AM

Current Exemptions for Private Bushfire Shelters

Private Bushfire Shelters are Class 10c structures, which fall under the same umbrella as Class 10a structures (non-habitable buildings such as sheds, carports, and private garages) and Class 10b structures (fences, masts, antennae, retaining walls, swimming pools, etc.).

Per Building Regulations 2012, regulation 41, subregulation (1) and schedule 4, Building Permits are not required for Class 10 structures if they are situated outside of gazetted townsites within the Shire of Lake Grace local government area. Despite that, builders still need to adhere to the National Construction Code and relevant Australian Standards when undertaking building works that is exempt from a Building Permit.

Class 10 structures require Building Permits if they are situated within a gazetted townsite.

Proposed Changes

From 1 November 2026, the Building Regulations 2012 will be amended so that Class 10c structures will no longer be exempt from Building Permits even when situated outside of townsites. Class 10a and Class 10b structures will retain their conditional exemption status.

This change only affects the Building Approvals side of the process; no changes have been made to the Development Approvals side which are governed under different legislation.

For more information including a draft of the proposed legislation text please see the link to the Department of Local Government, Industry Regulation and Safety newsletter.

External Link: DLGIRS Newsletter