Building Permits

Under Western Australian legislation a building permit is required before commencement of most building work.

Formal approval (a building permit) is required for any building work involving the development of new structures, alterations or extensions and changes in ground levels.

These include:
• Fences
• Swimming pools, spas and safety barriers
• Garden sheds
• Verandahs and Patios
• Gazebos, Pergolas and Vergolas
• Garages and Carports
• Workshops
• Dwellings
• Commercial buildings including fitouts and refurbishments
• Industrial buildings
• Changes to levels (i.e. cut and/or fill)
• Retaining walls.

Please note that the Town of Mosman Park requires most types of development to have a Planning Approval prior to the issuing of a Building Permit.  Please refer to the Town’s Planning Services section or contact the Town’s Planning Services for further information.

The Building Regulations 2012 details some building work for which a Building Permit is not required, however a Planning Approval may be required through the Town.  Please refer to the Building Commissions website for further information. 

If the total value of the work exceeds $20,000 the permit is issued to a registered builder, or in some circumstances, an owner/builder.  Please ensure that the applicable application form is completed with the registered builder’s details.

A building permit issued for the particular work is void if the works has not commenced within the first 12 months of the date of issue, and the work shall be completed within 24 months of the issue of the permit.

It is important to ensure sufficient time for assessment. No works is to commence without the building permit.


Adversely Affecting Adjoining Land

The Building Act 2011 introduced a new concept known as 'adversely affecting adjoining land'.  By definition in the Act, adversely affecting other land includes:

•  reducing the stability or bearing capacity of the adjoining land or a building or structure on the land;
•  damage, or reduce the structural adequacy of, a building or structure on the land; or
•  the changing of the natural site drainage of the land or existing or future buildings or structures on the land.

Where any of the above occurs, the applicant or builder must get the permission of all owners of the adjoining property.  If they cannot get this, the applicant or builder must apply for a Court Order.  The Town recommends that you seek legal advice on how this will affect you.

Example
Adversely affecting adjoining land could be where cut and fill is to take place and requires the erection of retaining walls along a boundary line.  If the adjoining lot ends up higher than the subject lot, you will generally adversely affect the adjoining lot.

Another common example is where a swimming pool is to be constructed close to a boundary.  If the adjoining lot will be adversely affected, (e.g. by reduction in the bearing capacity), the permission of all owners of that lot must be obtained prior to making an application for a Building Permit.

Soakwells

Soakwells for the disposal of stormwater runoff (roof water or surface water) need to be constructed such that the distance from all buildings and boundaries must be not less than the depth of the soakwell (measured from ground level).

All stormwater is required to be disposed of within the confines of the subject lot without detriment to any adjoining land.

With the smaller lots, the location of soakwells needs to be considered carefully to obtain the necessary clearances.

General Building Enquiries

For general building enquiries please call the Town’s Building Services on 9384 1633.

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