Building Approval Process
The introduction of the Building Act 2011 on 2 April 2012 initiated a new building approval process for Western Australia bringing some significant changes to the building approval process, from the design stage, right through to occupation of a building.
The Building Act 2011 and the Building Regulations 2012 replace the Building Regulations 1989 and much of the Local Government (Miscellaneous Provisions) Act 1960 and amends a range of associated acts.
The key objectives of the new Act are:
• To provide a comprehensive system of building control in Western Australia;
• Reduce building approval times;
• Set standards for buildings and demolition work in Western Australia; and
• Deal with building or demolition works that affects other land.
The commencement of the Building Act 2011 has introduced a new Building Service Levy and private design certification services provided by independent registered building surveyors.
For further information on the Building Act 2011 or the Building Regulations 2012, please refer to the Building Commission’s website.
What else has change for builders?
In addition to the changes in respect of certifying design compliance, the Building Act 2011 introduces new requirements for construction and completion.
For all classes of building the builder must submit a Notice of Completion (Form BA7) within 7 days of finishing the work under a permit. This notice establishes the end date of the building permit for compliance and record keeping purposes and signifies the point from which the builder has fulfilled his obligations regarding compliance with the Building Act 2011.
A notice of completion does not affect contractual matters such as the contents or timing of a notice of practical completion or any requirements to make good any defects to a building before a final certificate is issued.
Please refer to the Forms section to obtain a Notice of Completion (Form BA7).
What is the difference between Uncertified and Certified Applications?
An uncertified application process is similar to the previous building approval process in that you lodge all of the documentation with the Town of Mosman Park to have it assessed for compliance with the Building Code of Australia. If compliant the Town will issue you with a "Certificate of Design Compliance (CDC)" and a Building Permit, which will permit you to commence building.
A Certified application process is different in that as the owner or applicant you can choose to have your plans and other documents certified by a independent registered Building Surveyor. If satisfied that your documents comply with the Building Code of Australia the Surveyor, will issue you with a "Certificate of Design Compliance (CDC)". Once you have obtained your CDC from an independent registered Building Surveyor, you are then required to apply for a Building Permit from the Town of Mosman Park which when issued will allow you to commence building.
What are my responsibilities as the applicant?
Under the new provisions of the Building Act 2011 you are responsible to ensure that all relevant approvals are in place before the application is made for a Building Permit. This may include such approvals as, Planning, Water Corporation, Health Department etc.
Can I lodge my application and provide other information later?
No, the Town of Mosman Park will not accept an incomplete application. Please refer to the Building Permit Application Checklists for further information. Any additional information required to complete your assessment must be provided to the Town within twenty-one (21) days from the day the additional information is requested.
How long does the Town have to approve my application?
The time to approve an application depends on the type of application made.
• An uncertified application must be determined within twenty five business days (25).
• A Certified application must be determined by the Town in ten business days (10).
Please note should further information be requested by the Town for an application to be consider complete, the time period for this further information to lodge is then deducted from the required time frames.
Fees & Charges
The fees for applications depend on the type of application made. Please refer the Town’s Fee Schedule.
All construction work valued at $50,000 or over, all demolition work and all work involving the installation of a pool is liable for a Verge Construction Permit fee. This permit is for an approval to access the verge for construction and requires a contribution for the damages and general wear and tear to the verge caused during works throughout the Town.
Please refer to the Fee Calculator to calculate the correct amount of fees for your application.
Please note the Town will not accept an application with incorrect fees.
Who is a Registered Building Surveyor?
A Registered Building Surveyor is a person who has been accredited as a Building Practitioner by the Building Commission. A register of building practitioners can be located here or on the Building Commission website.
As a builder what are my responsibilities?
As the builder you are responsible to:
• Ensure that you build your building in accordance with the approved Building Permit;
• Ensure that any inspections noted on the Building Compliance Certificate have been carried out by a competent person; and
• Provide notification (Form BA7) to the Town of Mosman Park within seven (7) days of completion of the building works being undertaken by the Building Permit issued.
Can I be an owner builder?
Yes the Building Act 2011 enables owners to be builders. Approval to be an owner/builder is to be obtained through the Building Commission. From the commencement of the Building Services (Registration) Act 2011, owner/builders will require approval from the new Building Services Board before they can apply for a building permit from the Town.
An owner/builder will be permitted to take out a building permit once every six years and the current requirement that restricts an owner/builder from selling within three (3) years does not apply under the new legislation.
Owner/builder applications that were received by the Board prior to commencement of the building services legislation will be dealt with under the previous process provided by the Builders' Registration Act 1939.
Where can I get the forms?
All forms required to be used under the Act are located here and can also be downloaded from the Building Commission website.
Other frequently asked questions relating to more detail aspects of the Building Act 2011 can be found on the Building Commission website.