BUILDING WITHIN THE SHIRE

Building Services deals with all aspects of building within the Shire, whether it is something as complex as a factory or Shopping Centre, or something as simple as a patio or garden shed.  A Building Licence must be issued before the commencement of any structural works, or laying out of a site, and is only issued following the receipt and approval of building plans which conform to the Building Code of Australia, Council Policy, Councils’ District Planning Scheme and the Residential Design Codes.

A building licence is required for the construction of all residential and commercial buildings and any extension or alteration to an existing building.  A building licence is also necessary for all outbuildings over 9m² with a non-permeable (waterproof) roof, decking over 1m in height, front fences over 1.2m in height, shade sails (when attached to another structure) and all pools and spas.  If you have any queries regarding when a building licence or planning permission is necessary then please contact the Building Services Department of the Shire on 9257 9942.

The Building Application Information Sheet details the information required by Building Services to comprehensively assess an application for a Building Licence.  This includes:

• A completed Building Application Form.
• A Site Plan showing ALL structures on the site, including outbuildings and the distance from the boundaries to each.
• Contain two (2) sets of drawings in ink, on paper no smaller than A4, be scaled to no less than 1:100, indicate all necessary clearances and measurements, and include a plan view of each storey, at least two elevations of external fronts, one or more sections, transverse or longitudinal, height of each storey, construction of the footings, floors, walls and roofs.
• Two copies of specifications describing materials to be used in the construction and, where not indicated on the drawings, the sizes thereof together with all other information not shown on the drawings.
• Energy Efficiency Certificate of Compliance or verification to show compliance with the Energy Efficiency measures as described in the Building Code of Australia.
• Building Application fee is payable on lodgement of the application.
  Builders’ Registration Board Levy of $40 is payable on lodgement of the application.
  Building Industry Construction Training Fund levy, where applicable.
  Infrastructure Bond where applicable.
  Effluent Disposal Form, where applicable.
• Home Indemnity Insurance Certificate where applicable.
• Owner Builders: Where the value of a building (dwelling or additions to a dwelling) exceeds $20,000 an Owner-Builders Statutory Declaration form must be submitted to the Builders’ Registration Board.

THIS INFORMATION LIST IS NOT EXHAUSTIVE, IS DESIGNED TO GIVE YOU BASIC INFORMATION AND IS NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE.  SOME PROVISIONS HAVE EXCEPTIONS OR IMPORTANT QUALIFICATIONS.

DIVIDING FENCES/RETAINING WALLS

The erection and maintenance of dividing fences on the boundary are a matter between neighbours and as such are dealt with by the Dividing Fences Act 1961. For more information on dividing fences and retaining walls contact the Department of Treasury and Finance on 9222 4666 (Toll Free: 1800 093 325) or pick up a booklet from the Shire Administration Offices.

“The Act (Dividing Fences Act 1961) does not cover retaining walls. However, in some cases in order to erect or repair a dividing fence it may be necessary to construct a retaining wall or repair an existing retaining wall.

Link to Dividing Fences Booklet on the Department of Treasury and Finance Website

The general common law rule is that the property owner who changes the level of the land, either by excavation or filling, is responsible for building a retaining wall to make sure that there is no risk of earth movement. The responsibility for maintaining the wall passes on to people who buy the property.”¹

SWIMMING POOL AND SPA ENCLOSURES/REGULATIONS

“1.3.8 Swimming pool – any excavation or structure containing water to a depth greater than 300mm and used primarily for swimming, wading, paddling, or the like, including a bathing or wading pool, or spa.”²  All swimming pools/spas must have a pool enclosure that complies with Australian Standard 1926.1.

Not included in this definition are fishponds, dams (unless used as swimming holes), creeks, rivers and lakes.

All swimming pools require a Building Licence and to be registered on the Shire’s swimming pool register. Pool inspections are carried out every 4 years, or as required.

For more information on swimming pool enclosures visit the Department of Treasury and Finance Swimming Pool Barrier Information page.

SMOKE ALARMS - Legislation Requirements

From 1 October 2009 mains powered smoke alarms must be fitted in all existing residential buildings prior to sale and when a new tenancy agreement is signed for rental properties.

If there are no tenancy changes in rental properties, then mains powered smoke alarms must be fitted by 1 October 2011.

For more information go to FESA website.

DECKING

Decks require a Building Licence to be issued before work can commence. Any decking (or part thereof) which is proposed to be 500mm or higher above natural ground level may require a Planning Approval with regards to overlooking (as defined by Element 6.8, Privacy requirements, of the Residential Design Codes). 

BALUSTRADING

A balustrade complying with BCA Volume 2, Part 3.9.2 is required when a raised area such as a deck, stairway, verandah, balcony etc. is 1m or more above the ground level below.  Decking may need planning approval if by virtue of it's height above the ground immediately below that point, causes an overlooking situation into a neighbour's habitable rooms or outside entertaining areas.

¹ Dividing Fences: Rights & Responsibilities. Department of Housing & Works.
² Australian Standard 1926.1 – 1993 Swimming pool safety. Part 1: Fencing for swimming pools. Section 1 Scope and General. 1.3 Definitions.