Building Services & Approvals

Overview

Whenever a person or business would like to develop their land, they are required to submit a plan and its intended use to the Shire and Council to check if it abides by planning guidelines and aligns with strategic goals of the Shire. In context, this means that your development does not unduly impact land owned by others, has free and clear access to public utilities, has a visual style is cohesive with the surrounding neighbourhood, is structurally sound, does not increase the risk of injury to passersby and the public at large, and is designed in a way that minimizes the chance and spread of fire.

There are two different approvals that must be received from the Shire before any construction can start. These approvals are broadly separated into two systems: the development approval process and the building approval process. Approval in one system does not mean approval in the other. Development approval must be received before proceeding to the building approval process, unless an exemption applies.

This page covers the building approval process. If you have not yet received your development approval (also called Council approval or planning approval), please navigate to the Town Planning page.

If you have any further questions, or require clarification on a point, you may contact the Shire at shire@lakegrace.wa.gov.au or call 9890 2500. We prefer you to send your enquiry by email as a response may require time and research to formulate.

Building Approvals, Permits and Certificates

Introduction

A building approval is an approval granted by the Shire of Lake Grace Administration as the permit authority. This is different from a development approval in that Council has no influence in the granting of a building approval. Building approvals are assessed under the National Construction Code (NCC) by a registered building surveyor, which has a separate set of requirements from both the R-Codes and the Shire of Lake Grace Local Planning Scheme No. 4. Therefore the same set of plans used to gain development approval may be rejected under building approvals. Please ensure that your submission addresses all the required information and documents specific to the building approvals system.

Building approvals can come in the following forms:

BA4 Building Permit
BA6 Demolition Permit
BA10 Occupancy Permit
BA14 Building Approval Certificate

Technically anyone can apply for a permit so long as both the owner and the builder sign off on the application form, but in most cases either the builder or the owner will be the applicant.

All building approvals carry a fee, however this is only asked towards the end of the process when the permit is ready to be issued after all issues have been resolved. To estimate the cost of these fees, please refer to our Fees & Charges page. Fees are generally based upon a percentage of the cost of your proposal.

Building Classes

All buildings fall in to one of ten classes. This classification affects what is required in your building application. The excerpt below is retrieved from the Department of Mines, Industry Regulation and Safety website.

Building Class Table

Building Class	Description
Class 1	This class has two sub-classifications: Class 1a is one or more buildings, which together form a single dwelling including the following: A detached house. One of a group of two or more attached dwellings, each being a building, separated by a fire-resisting wall, including a row house, terrace house, town house or villa unit. Class 1b is one or more buildings which together constitute-- a boarding house, guest house, hostel or the like that-- would ordinarily accommodate not more than 12 people; and have a total area of all floors not more than 300 m² (measured over the enclosing walls of the building or buildings); or be four or more single dwellings located on one allotment and used for short-term holiday accommodation.
Class 2	A Class 2 building is a building containing two or more sole-occupancy units. Each sole-occupancy unit in a Class 2 building is a separate dwelling.
Class 3	A Class 3 building is a residential building providing long-term or transient accommodation for a number of unrelated persons, including the following: A boarding-house, guest house, hostel, lodging house or backpacker accommodation. A residential part of a hotel or motel. A residential part of a school. Accommodation for the aged, children, or people with a disability. A residential part of a health-care building which accommodates members of staff. A residential part of a detention centre. A residential care building
Class 4	A Class 4 is a dwelling in a Class 5, 6, 7, 8 or 9 building. This only applies if it is the only dwelling in the building.
Class 5	A Class 5 building is an office building used for professional or commercial purposes.
Class 6	A Class 6 building is a shop or other building used for the sale of goods by retail or the supply of services direct to the public, including— an eating room, cafe, restaurant, milk or soft-drink bar; or a dining room, bar area that is not an assembly building, shop or kiosk part of a hotel or motel; or a hairdresser’s or barber’s shop, public laundry, or undertaker’s establishment; or a market or sale room, showroom, or service station.
Class 7	A Class 7 building is a storage-type building that includes one or more of the following sub-classifications: Class 7a ꟷ a carpark. Class 7b ꟷ a building that is used for storage, or display of goods or produce for sale by wholesale.
Class 8	A Class 8 building is a process-type building that includes the following: A laboratory. A building in which the production, assembling, altering, repairing, packing, finishing or cleaning of goods or produce for sale takes place.
Class 9	A Class 9 building is a building of a public nature that includes one or more of the following sub-classifications: Class 9a ꟷ a health-care building, including any parts of the building set aside as laboratories, and includes a health-care building used as a residential care building. Class 9b ꟷ an assembly building, including a trade workshop or laboratory in a primary or secondary school, but excluding any parts of the building that are of another Class. Class 9c ꟷ a residential care building.
Class 10	A Class 10 building includes one or more of the following sub-classifications: Class 10a is a non-habitable building including a private garage, carport, shed or the like. Class 10b is a structure that is a fence, mast, antenna, retaining wall or free-standing wall or swimming pool or the like. Class 10c is a private bushfire shelter.

Notably, almost every proposed building work for a commercial or industrial purpose will fall into Classes 2 to 9. Single residential dwellings fall into Class 1. Personal use outbuildings or small incidental structures fall into Class 10.

Building Permits

When and how to apply

A building permit is required for the construction, modification or addition to any structure or building, with some exceptions. The building permit application itself can be submitted as either a Certified Application for Building Permit (BA1) or an Uncertified Application for Building Permit (BA2). Uncertified applications can be made for a Class 1 or Class 10 structure. All other classes of structures will require a certified application.

The difference between the two is that uncertified applications can be submitted to the Shire without a Certificate of Design Compliance (BA3). The Shire's contracted building surveyor will instead provide the certification for your proposal. Conversely, a certified application requires the applicant to engage an external building surveyor (external meaning has no relation to or interest in the proposed works and is not affiliated with the Shire) to sign off on a Certificate of Design Compliance, which is then submitted with the Certified Application for Building Permit to the Shire.

Regardless of whether your application is certified or uncertified, the plans of your proposed development must be engineer-endorsed if it is not a kit build (covered below). You will need to engage the services of a structural engineer to assess your plans/drawings/schematics to ensure it complies with the NCC's Performance Requirements. The engineer will have the training and knowledge to advise changes required to make your proposal compliant against the Australian Standards, and thereafter endorse your plans. Larger engineering firms can also offer to draft your plans with CAD software, which will then be retained in Shire records.

Engaging a structural engineer is not required if your proposed construction is from a kit build, such as a standalone shed. This is because the structure had already been assessed by a structural engineer during the design phase, and the installation instructions will reference that the structure abides by Australian Standards if installed according to the instructions.

To summarize, your building permit application (either a BA1 or BA2) needs to be submitted with:

a Certificate of Design Compliance (BA3), unless you are submitting an uncertified building permit application;
full sets of construction drawings/working drawings for your proposal, all engineer-endorsed (endorsement not required for kit builds);
evidence that the applicant has notified the Heritage Council of Western Australia if the proposed works are entered in the State Register of Heritage Places, or is under a Heritage Agreement.

Link: BA1 - Application for Building Permit (certified)

Link: BA2 - Application for Building Permit (uncertified)

Link: BA3 - Certificate of Design Compliance

Once construction is complete, you will need to submit a Notice of Completion (BA7) to the Shire to let us know that works are finished.

Link: BA7 - Notice of Completion

The Shire will retain copies of your building permit. Landowners may request copies of their building plans free of charge from the Shire, as either photocopies or electronic copies sent to your email, assuming the Shire has them (there may not be plans for buildings older than 1980).

Building works that don't require approval

The following building works do not require a building permit to be in place to commence construction.

Exemptions from approvals under the Building Act 2011

Construction of a building or incidental structure that will not remain erected for longer than a month, provided:
- that members of the public cannot normally use the building or incidental structure, or
- that members of the public are not normally permitted access to the building or incidental structure.
Construction of a building or incidental structure that is, or is proposed to be, used in the construction, operation or maintenance of road, rail, port, harbour, airport, water, sewerage, electricity, oil or gas supply infrastructure, provided:
- that the building or incidental structure also does not serve as a residential facility or recreational facility, or
- that members of the public cannot normally use the building or incidental structure, or
- that members of the public are not normally permitted access to the building or incidental structure.
By Ministerial order.

Exemptions from approvals under the Building Regulations 2012

Construction of Class 10 buildings on lots outside of townsites (as defined by Landgate).
Construction, erection, assembly or placement of a freestanding Class 10a building that:
1. does not have a floor area exceeding 10 m²; and
2. is no more than 2.4 m in height.
Renovation, alteration, improvement, repair or maintenance of a building or incidental structure, provided the building work:
1. will not adversely affect the structural soundness of the building or incidental structure and does not include:
  1. an increase or decrease in the floor area or height of the building or incidental structure, or
  2. underpinning or replacement of footings, or
  3. the removal or alteration of any element of the building or incidental structure that is contributing to the support of any other element of the building or incidental structure; and
2. is done using materials commonly used for the same purpose as the material being replaced; and
3. will not change the use or classification of the building or incidental structure; and
4. will not adversely affect the safety and health of the occupants or other users of the building or incidental structure, or of the public; and
5. will not affect the way in which the building or incidental structure complies with each building standard that applies to the building or incidental structural; and
6. the works are solely within the boundary of the land and does not encroach beyond them (even if approval was granted to encroach); and
7. is not subject to an order, agreement or permit under the Heritage Act.
Construction, erection, assembly or placement of a temporary office, shed or sanitary facility to be used by a builder in service of carrying out building works on the same land.
Construction, erection, assembly or placement of a fence, screen or similar structure, provided:
1. it is not forming part of a barrier to a private swimming pool; and
2. is considered a sufficient fence under the Shire of Lake Grace's Fencing Local Law.
Construction, erection, assembly or placement of a mast, antenna, or similar structure, provided that:
1. if it is attached to a building:
  1. it is no more than 2 m in height above the highest point of attachment to the building, and
  2. will not affect the way in which the building complies with each building standard that applies to the building; and
2. if it is not attached to a building, is no more than 3 m in height.
Construction, erection, assembly or placement of a retaining wall, provided:
1. it retains ground no more than 0.5 m in height; and
2. is not associated with other building work or with the protection of land adjoining the land on which the retaining wall is located; and
3. the works are solely within the boundary of the land and does not encroach beyond them (even if approval was granted to encroach).
Construction, erection, assembly or placement of a pergola (open structure that does not have a roof but may have a covering of open weave permeable material) associated with a Class 1 building, provided that:
1. it is no more than 2.4 m in height, and
2. covers an area not exceeding 20 m².
Construction, erection, assembly or placement of a water storage tank with a capacity of 5,000 L or less.
Building work for a park home, being a caravan in which a vehicle license is not required under the Road Traffic (Vehicles) Act 2012 section 4 because it could not be drawn by another vehicle on a road due to its size.
Building work for an annexe, being an attachment to a caravan that has walls and a roof and can be assembled or dismantled within 24 hours by no more than 2 people.
Building work for a manufactured home, being a structure that:
1. is not a vehicle, train, vessel or aircraft; and
2. is movable or capable of movement; and
3. is fitted or designed for habitation; and
4. immediately prior to 1 July 2019 was located at a place with purported approval; and
5. may include an attachment, being an attachment to a caravan that has walls and a roof and can be assembled or dismantled within 24 hours by no more than 2 people.
Attachment of photovoltaic panels or solar hot water systems to the roof of a Class 1 or Class 10a building that is not located in wind region C or D as defined in AS 1170.2.
- Lake Grace is in wind region A.
The installation of a roof mounted evaporative cooling unit on a building or incidental structure if:
- the building or incidental structure is not located in a bushfire prone area; or
- the building is a Class 4 to Class 9 building; or
- the building or incidental structure is located in a bushfire prone area and the BAL for the building site is BAL-Low; or
- the building or incidental structure:
  - is located in a bushfire prone area; and
  - the BAL for the building site is BAL-12.5, BAL-19 or BAL-29; and
  - the installation of the evaporative cooling unit complies with the requirements for roof penetration in respect of the building or incidental structure set out in AS 3959.

You must contact the Shire to check if your proposed building is exempt from a building permit per one of the exemptions above.

Demolition Permits

When and how to apply

A demolition permit is required if you only want to demolish, deconstruct or remove a building or structure. If you are planning on undertaking a building project that has both demolition and construction portions, a building permit will cover your demolition works (so you do not need to apply for both a demolition permit and building permit).

To receive a demolition permit, you will have to submit an Application for Demolition Permit (BA5) to the Shire along with the following documents:

a site plan showing what is to be demolished;
if the proposed works are on a building entered in the State Register of Heritage Places, or is under a Heritage Agreement, evidence that the applicant has notified the Heritage Council of Western Australia;
if carrying out Class 1 or 2 work under Work Health and Safety (General) Regulations 2022 regulation 142F, evidence that the applicant has notified the Regulator (being the Work Health and Safety Commission);
evidence that the applicant has notified to each person or entity that provides electricity, gas, telephone or water services to the place that is the subject of the application;
evidence that the building or incidental structure to be demolished has been treated to ensure that it is not infested with rodents at the time of demolition;
where asbestos is present, details of the contractor.

Link: BA5 - Application for Demolition Permit

As long as all documents are received, the Shire can issue a demolition permit without referring to a building surveyor.

Demolition works that don't require approval

The following demolition works do not require approval from the Shire to carry out.

Exemptions from approvals under the Building Act 2011

By Ministerial order.

Exemptions from approvals under the Building Regulations 2012

Demolition of a Class 10 building or incidental structure, provided:
1. the floor area of the building does not exceed 40 m²; and
2. the demolition work will not adversely affect the health and safety of the occupants or other users of the building or incidental structure or of the public; and
3. the building or incidental structure is not the subject of an order, agreement or permit under the Heritage Act.

Occupancy Permits

When and how to apply

For newly constructed buildings or new additions (such as additional rooms or workspaces) to Class 2 to 9 buildings (anything commercial or industrial), an occupancy permit is required before operating or living in the building. This is done after submitting a Notice of Completion (BA7) for the building works.

To receive an occupancy permit, you must submit an Application for Occupancy Permit (BA9) to the Shire. The application is to be accompanied with:

either a Certificate of Construction Compliance (BA17), or a Certificate of Building Compliance (BA18) (explained below);
if an apparatus to treat sewerage was a part of the construction (such as septic tanks and leech drains), evidence showing the Shire has granted approval for the apparatus to be installed;
if a new crossover from a public thoroughfare (Council-owned road or Main Roads-owned road) was installed, evidence showing approval of the installation and evidence showing the crossover is to specifications:
- For Council-owned roads, to the specification as detailed in the Shire's Policy Manual,
- For Main Roads-owned roads, to Main Roads Specifications found on their website.

Link: BA9 - Application for Occupancy Permit

The Certificate of Construction Compliance is used by a building surveyor to say that the construction works have been built according to the building plans, and that all electrical works, plumbing/hydraulic works, mechanical works (footings) and fire equipment and have been inspected and installed correctly (in the form of safety or compliance certificates). The building surveyor who signed off on the Certificate of Design Compliance (in the building permit application phase) usually signs off on the Certificate of Construction Compliance, given their familiarity with the building works.

The Certificate of Building Compliance, is used by a building surveyor to say that an existing building (often one built without a building permit) satisfies all relevant building standards. In order to confirm building compliance, the building surveyor and all manner of tradespeople and specialists will be need to do site visits and inspections. This method is much more expensive and time-consuming so it is advised that all building processes are followed to avoid going down this route.

Your building surveyor will supply you with the Certificates so no templates will be provided here.

Occupancies that don't require approval

The following situations do not require an occupancy permit to be in place before using or living in the building.

Exemptions from approvals under the Building Regulations 2012

The building is a Class 1 or 10 building.
A temporary office, shed or sanitary facility used by a builder in connection with building work carried out on the same land.

Building Approval Certificate

When and how to apply

A Building Approval Certificate is most often supplied for Class 1 or Class 10 buildings that had been built without authorization (no building permit in place at the time of construction, or during a time when authorization was not sought for that particular building), but can be used for any class of building. Whereas a building permit certifies that the plans comply with the NCC and the Australian Standards, the building approval certificate is the Shire recognizing that an existing building complies with the NCC and Australian Standards.

To prove that your building is compliant, you will need to engage an external building surveyor to look over your current building plans (or have new plans drafted of your current building) and sign off on a Certificate of Building Compliance (BA18). This certificate is the same one described in the Occupancy Permits section.

In most cases, if you own an unauthorized building, there are not many penalties to leaving it unauthorized as obtaining a building approval can be a costly affair. However in the minority of cases where there is clear evidence of danger or damage from improper construction works, the Shire can force an owner to obtain a Building Approval Certificate to prove that it is safe or to make it safe. If the owner is unable to obtain the requested building approval, the Shire can issue a building order under the Building Act to demolish/remove the building at the owner's cost.

To receive a building approval certificate, you must submit an Application for Building Approval Certificate (BA13). The application is to be accompanied by:

a Certificate of Building Compliance (BA18);
copies of all building plans that have been certified by the building surveyor;
if an apparatus to treat sewerage was a part of the construction (such as septic tanks and leech drains), evidence showing the Shire has or will grant approval for the apparatus to continue usage;
if a crossover from a public thoroughfare (Council-owned road or Main Roads-owned road) was installed, evidence showing approval of the installation and evidence showing the crossover is to specifications:
- For Council-owned roads, to the specification as detailed in the Shire's Policy Manual,
- For Main Roads-owned roads, to Main Roads Specifications found on their website.

Special Consideration: Swimming Pools & Spas

General Information

Due to the high danger posed by unguarded private swimming pools to children, there are special provisions you must comply with in regards to security and fencing. Building permits for private swimming pools are required to show that they address all safety concerns according to legislation and will be inspected by the Shire after installation. A BA7 Notice of Completion cannot be accepted by the Shire until you have successfully passed an inspection.

A private swimming pool is defined as a pool that is associated with a dwelling and has the capacity to hold water deeper than 300 mm.

All private swimming pools are to have barriers completely surrounding the pool and its immediate area, be clear of any climbable objects or holding spots within close proximity of the barrier (including the barrier's design itself), and be of sufficient height. The access gate's latch must be high enough to prevent children from reaching it, must self-close and must latch close with minimal force. Any openings such as windows that can potentially be used to access the pool area needs to be limited in opening size to access by children. These requirements are from Australian Standards, which are adopted by the NCC.

For greater detail as to the requirements that will be assessed by us--including specific clearance distances for climbable objects and gaps in the fencing--please refer to the document in the link below. This document also has handy diagrams showing permitted barrier layouts

Link: Rules for Pools and Spas

The Shire will also re-inspect pools every four years after its completion, which incurs a fee according to the current Fees & Charges.

Exemption from Building Permit

There is an exemption from requiring a building permit if you are constructing your swimming pool in an area outside of a designated townsite i.e. out on your farm. This is granted under the Regulations, schedule 4, clause 1 as swimming pools are considered Class 10 structures.

Exemption from a building permit means the Shire will neither inspect your pool after construction, nor re-inspect it every four years. Without oversight from the Shire, responsibility then falls upon you to ensure that your pool/spa barrier is and always will be compliant with the NCC/AS.

Please let the Shire know of your intention to build a swimming pool under this exemption so we can double-check that it is valid.

Frequently Asked Questions

How long are building/demolition permits valid for?

The Shire can set how long the permits last for, but generally it is set to 2 years starting from the date the building permit is issued.

What happens if I don't have a building permit prior to works?

If you commence or complete a building project without a building permit in place, your building is considered illegal. This can lead to the following situations:

If injury or property damage occurs as a result of, or involving, the illegal build, your insurance provider will refuse to cover damages.
If you are selling the property, the buyer's conveyancer can request from the Shire whether recent constructions or modifications are legal. The Shire would be obligated to report any illegal builds, causing the buyer to potentially pull out of the sale as they would be forced to assume the risk of the illegal build, or it can void any offers or contracts made on the premise that the property is fully legally compliant.
In cases where an illegal build carries severe risk, the Shire may issue a building order per section 110 of the Building Act to verify the structural soundness of the build (Building Approval Certificate) and make modifications to make it safe, dismantle the build immediately, or force a building to evacuate and stay unoccupied.

Failure to comply with a building order within the prescribed time carries a fine of:

1. $50,000 for the first offence,
2. $75,000 for the second offence,
3. $100,000 and imprisonment for 12 months for the third or subsequent offence.