Building approvals

Building Act forms

Please note: Template versions of all forms, permits and certificates required by local government permit authorities are available by emailing be.publications@demirs.wa.gov.au 

Applications

BA1 – Application for building permit – certified

BA2 – Application for building permit – uncertified

BA5 – Application for demolition permit

BA9 – Application for occupancy permit

BA13 – Application for building approval certificate

BA19 – Request to amend building permit or builder's details

• Guidance Note – Building permit: amending permit or builder's details

BA22 – Application to extend time – building or demolition permit

BA23 – Application to extend time – occupancy permit or building approval certificate

BA24 – Application for modification or non-application of building standard

Certificates

BA3 – Certificate of design compliance

BA17 – Certificate of construction compliance

BA18 – Certificate of building compliance

Notices

BA7 – Notice of completion

BA8 – Notice of cessation

BA8A – Notice of cessation – Multiple properties (building work)

BA20 – Notice and request for consent to encroach or adversely affect

BA20A – Notice and request for consent (response notice): Protection structures, party walls, removal of fences, access to land

For local governments

The Building Act forms reflect the requirements of the Building Act 2011 and Building Regulations 2012.

The correct forms, permits and certificates can be identified by the ‘Building Commissioner Approved and date’, shown in the footers.

Template versions of all forms, permits and certificates required by local government permit authorities are available by emailing be.publications@demirs.wa.gov.au.

Relevant industry bulletins

Industry Bulletin 152 – Duration of building permits
This industry bulletin provides information to industry on how to seek an extension to a building permit.

Industry Bulletin 127 – Streamlining strata registration (for local governments)
This industry bulletin is intended to alert permit authorities to pending changes to Western Australia’s building legislation which will come into effect when the Strata Titles Act 1985 (STA) is amended.

Building Services Levy

Payable on building permits and certificates.

Payment

The amount of Building Services Levy payable will vary according to the type of application and, where applicable, the value of building works undertaken. The table below shows the application types that attract BSL and how much should be paid to the local government permit authority.

Permit authorities pay the levy to Building and Energy for certificates or permits that have been issued or granted.

More information for permit authorities on remittance to Building and Energy is provided below.

Determining value of work

When estimating the value of building work, Schedule 1 of the Building Regulations 2012 requires that the value is the sum of the value of the following relevant components (including GST)

• All goods (including manufactured goods forming part of the work)
• Labour
• Services necessary
• Fees payable
• Overheads to be met
• Profit margin

More information can be found in Industry Bulletin 76 – Estimating the value of building work. The value of unauthorised work is the current value of the work as determined by the permit authority.

For local governments

Levy remittance

The Building Services (Complaint Resolution and Administration) Regulations 2011 requires a permit authority to remit the building services levy to the Building Commissioner within 14 days after the end of the month in which it issues or grants a permit or building approval certificate.

• Permit authorities are required to use Form 81 – Remittance advice and to provide a supporting report which provides a breakdown of the remittance.

Further information on the Building Services Levy:

• Industry Bulletin 143 - Building Services Levy – Changes to information requirements

Refund of the Building Services Levy

Under Regulation 16 of the Building Services (Complaint Resolution and Administration) Regulations 2011, if a permit authority refuses to grant a permit or building approval certificate, or if an applicant withdraws an application before the permit or certificate is issued or granted, the permit authority must refund the building services levy.

Once a permit or certificate is granted or issued the permit authority forwards the building services levy to Building and Energy. The levy cannot then be refunded unless the Building Commissioner assesses that there are exceptional circumstances which might qualify for a refund.

• Form 82 – Request for refund should be used when a permit or certificate was issued or granted, but there are exceptional circumstances which might qualify for a refund of the levy.Building Act fees

Building Act fees

Applications for occupancy permits and building approval certificates

Application for an occupancy permit for a completed building (s. 46): $110.00 

Application for a temporary occupancy permit for an incomplete building (s. 47): $110.00 

Application for modification of an occupancy permit for additional use of a building on a temporary basis (s. 48): $110.00 

Application for a replacement occupancy permit for permanent change of the building's use, classification (s. 49): $110.00 

Application for an occupancy permit for a building in respect of which unauthorised work has been done (s. 51 (2)): The fee is 0.18% of the estimated value of the unauthorised work as determined by the relevant permit authority, but not less than $110.00

Application for a building approval certificate for a building in respect of which unauthorised work has been done (s. 51(3)): 0.38% of the estimated value of the unauthorised work as determined by the relevant permit authority, but not less than $110.00 

Application to replace an occupancy permit for an existing building (s. 52(1)): $110.00 

Application for a building approval certificate for an existing building where unauthorised work has not been done (s. 52(2)): $110.00 

Application to extend the time during which an occupancy permit or building approval certificate has effect (s. 65(3)(a)): $110.00

Applications for building permits and demolition permits 

Certified application for a building permit (s.16(1)) For building work for a Class 1 or Class 10 Building or incidental structure the fee is 0.19% of the estimated value of the building work as determined by the relevant permit authority, but not less than $110.00 

For building work for a Class 2 to Class 9 building or incidental structure the fee is 0.09% of the estimated value of the building work as determined by the relevant permit authority, but not less than $110.00 

Uncertified application for a building permit (s.16(1))

The fee is 0.32% of the estimated value of the building work as determined by the relevant permit authority, but not less than $110.00 

Application for a demolition permit (s. 16(1)):

• For demolition work in respect of a Class 1 or Class 10 building or incidental structure the fee is $110.00
• For demolition work in respect of a Class 2 to Class 9 building the fee is $110.00  for each storey of the building

Application to extend the time during which a building or demolition permit has effect (s. 32(3)(f)): $110.00 

Application as defined in regulation 31 (for each building standard in respect of which a declaration is sought): $2,160.15

Inspection of pool enclosures (regulation 53): $58.45

Application for approval of battery powered smoke alarms (regulation 61): $179.40

Building classes

The Building Code of Australia (BCA) is a national code, produced and maintained by the Australian Building Codes Board (ABCB). The BCA is Volume One and Volume Two of the National Construction Code (NCC).

The NCC provides a uniform set of technical provisions for the design and construction of buildings and other structures throughout Australia. Buildings classifications are determined in accordance with the Governing Requirements of the NCC.

Each part of a building must be classified and comply with all appropriate requirements for its classification.

The NCC groups buildings and structures by the purpose for which they are designed, constructed or adapted to be used,  rather than by the function or use they are put to, assigning each type of building or structure with a classification.  A building may have parts that have been designed, constructed or adapted for difference purposes.  In most cases, each of these parts is a separate classification.  A building (or part of a building) may also have more than one such purpose and may be assigned more than one classification.

Below is a list of the different building classifications, from Class 1 to Class 10, and an explanation of each class.

Further information including limitations and exemptions and updates on building classification is available under Part A6 of the Governing Requirements in the NCC. The NCC and other useful resources regarding building classification is available to view for free on the ABCB website.

Class 1

A Class 1 building includes one or more of the following sub-classifications:

1. Class 1a is one or more buildings, which together form a single dwelling including the following:
   a) A detached house.
   b) 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.
2. Class 1b is one or more buildings which together constituteꟷ 
   a) a boarding house, guest house, hostel or the like thatꟷ
   i. would ordinarily accommodate not more than 12 people; and
   ii. have a total area of all floors not more than 300 m2 (measured over the enclosing walls of the building or buildings); or
   b) 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:

1. A boarding-house, guest house, hostel, lodging house or backpacker accommodation.
2. A residential part of a hotel or motel.
3. A residential part of a school.
4. Accommodation for the aged, children, or people with a disability.
5. A residential part of a health-care building which accommodates members of staff.
6. A residential part of a detention centre.
7. 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:

1. an eating room, cafe, restaurant, milk or soft-drink bar; or
2. a dining room, bar area that is not an assembly building, shop or kiosk part of a hotel or motel; or
3. a hairdresser’s or barber’s shop, public laundry, or undertaker’s establishment; or
4. a market or sale room, showroom, or service station.

Class 7

Class 7 building is a storage-type building that includes one or more of the following sub-classifications:

1. Class 7a ꟷ a carpark.
2. 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:

1. A laboratory.
2. 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:

1. 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.
2. 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.
3. Class 9c ꟷ a residential care building.

Class 10

A Class 10 building includes one or more of the following sub-classifications:

1. Class 10a is a non-habitable building including a private garage, carport, shed or the like.
2. Class 10b is a structure that is a fence, mast, antenna, retaining wall or freestanding wall or swimming pool or the like.
3. Class 10c is a private bushfire shelter.