Top 5 Tips for Fast Building Approvals

As a Building Surveyor this is something my clients value, after all – time is money. If you’ve ever been delayed by a local government you know how it feels to just want to get on and build!

1. Have your project assessed by a private Building Surveyor.

At Green Start Consulting our turnaround time is usually 24-48 hours.

2. Make sure your Building Surveyor has the right qualifications.

All of our are level 1 qualified which is the highest qualification available, so you know you will be in good hands. They are also back by the Australian Institute of Building Surveyors.

3. Use our checklist to make sure you submit all the right information the first time. Also, check out our approval flow chart to see how the building permit approval system now operates.

You can view the flow chart here
And You can view the checklist here

4. Submit your application to us via email for the fastest possible response.

5. Relax, you’re in good hands.

Click HERE to email us if you have any questions about the process or would like to discuss your project.

Thanks for reading.

Author James Terenciuk – Director

Building Surveyor Perth News

Building Surveyor Perth

Building Surveyors often get asked what work does and what work doesn’t require a Building Permit.

I won’t mention any names but not all Perth Building Surveyors are up to date with the new regulations and will automatically say everything needs a Building Permit, as was the case under the old legislation.

In today’s blog we will be looking at work that does not require a Building Permit. This information comes from the Building Regulations of 2012 Schedule 4 as at 02 Apr 2013 and may change in time. Please be aware that although the act does not require that a Building Permit be issued by the Permit Authority, the structure should still comply with the Building Code of Australia, so it would be prudent to obtain a Certificate of Design Compliance anyway.

Construction, erection, assembly or placement of a freestanding Class 10a building that —
(a) has a floor area not exceeding 10 m2; and
(b) is no more than 2.4 m in height; and
(c) is not located in wind region C or D as defined in AS 1170.2.

So as you can see, a lot of those small sheds from hardware stores don’t need a Building Permit anymore in most areas.

Renovation, alteration, improvement, repair or maintenance of a building or incidental structure if the building work —
(a) will not adversely affect the structural soundness of the building or incidental structure and does not include —
(i) an increase or decrease in the floor area or height of the building or incidental structure; or
(ii) underpinning or replacement of footings; or
(iii) 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
(b) is done using materials commonly used for the same purpose as the material being replaced; and
(c) will not change the use or classification of the building or incidental structure; and
(d) 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
(e) will not affect the way in which the building or incidental structure complies with each building standard that applies to the building or incidental structure; and
(f) is not work of a kind to which section 76, 77, 78 or 79 relates; and
(g) is not subject to an order, agreement or permit under the Heritage Act.

Most of this is fairly self explanatory. If you would like clarification contact our Building Surveyor for advice. Some items to note:
adversely affect land includes —
(a) reduce the stability or bearing capacity of the land or a building or structure on the land; or
(b) damage, or reduce the structural adequacy of, a building or structure on the land; or
(c) the changing of the natural site drainage in a way that reduces the effectiveness of the drainage of the land or existing or future buildings or structures on the land

Section 76 deals with encroachments;
Section 77 deals with adversely affecting adjoining land ;
Section 78 deals with protection structures in or on other land; and
Section 79 deals with affecting party walls without consent.

Construction, erection, assembly or placement of a temporary office, shed or sanitary facility to be used by a builder in connection with building work carried out on the land on which the office, shed or sanitary facility is, or is proposed to be, located.

This one is fairly self explanatory.

Construction, erection, assembly or placement of a fence, screen or similar structure, other than a fence forming part of an enclosure for a private swimming pool, if —
(a) the fence, screen or similar structure is constructed in accordance with a local law made under the Local Government Act 1995 section 9.60 that applies to the construction of the fence, screen or similar structure in the district in which the fence, screen or similar structure is, or is to be, located; or
(b) (b) the fence, screen or similar structure is, or is to be, located in a district in which there is no local law of a type referred to in paragraph (a) and the fence, screen or similar structure —
(c) (i) if constructed of masonry, is no more than 0.75 m in height; and
(d) (ii) if constructed of a material other than masonry, is no more than 1.8 m in height; and
(e) (iii) is not located in wind region C or D as defined in AS 1170.2.

All swimming pool fences need approval.
Section 9.60 of the Local Government Act 1995 gives Councils the ability to make local laws, so your fence will need to comply with these, otherwise a Building Permit is required.

Construction, erection, assembly or placement of a mast, antenna or similar structure that —
(a) is not located in wind region C or D as defined in AS 1170.2; and
(b) if attached to a building —
(i) is no more than 2 m in height above the highest point of attachment to the building; and
(ii) will not affect the way in which the building complies with each building standard that applies to the building;
and
(c) if not attached to a building, is no more than 3 m in height.

Construction, erection, assembly or placement of a retaining wall that —
(a) retains ground no more than 0.5 m in height; and
(b) is not associated with other building work or with the protection of land adjoining the land on which the retaining wall is located; and
(c) is not work of a kind to which section 76, 77, 78 or 79 relates.

Section 76 deals with encroachments;
Section 77 deals with adversely affecting adjoining land;
Section 78 deals with protection structures in or on other land; and
Section 79 deals with affecting party walls without consent.

Construction, erection, assembly or placement of a pergola associated with a Class 1 building that —
(a) is no more that 2.4 m in height; and
(b) is not located in wind region C or D as defined in AS 1170.2; and
(c) covers an area not exceeding 20 m2.

Pergola means an open structure that does not have a roof but may have a covering of open weave permeable material.

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 or annexe as those terms are defined in the Caravan Parks and Camping Grounds Act 1995 section 5(1).

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.

So solar panels in Perth don’t require approval.

Building work for which a building licence was not required under the former provisions if, before commencement day —
(a) the on site building work had commenced; or
(b) a contract to carry out the building work was entered into.

If the work previously didn’t need approval or approved before the 2/4/12 – don’t worry – it’s still ok.

Building work for buildings owned or occupied by, or under the control or management of the Crown in right of the State or a department, agency or instrumentality of the Crown in right of the State that —
(a) commences before 30 June 2014; and
(b) has, when it commences, an estimated value of less than $50 000.

Small projects for the crown. The crown is still bound by the Act.

If you’re looking for further advice on what does and doesn’t require a Building Permit or need to speak to a Building Surveyor, send us an email or give us a call and we will be happy to assist.

Breaking News: The Building Commission must have been thinking the same thing as me – that this matter needs some clarification. Just today they released an industry bulletin hoping to give some clarity to the situation. Industry Bulletin 23.

As you can see a lot of fit outs may need a Building Permit.

Also please be aware that your job may still require planning permission.

Click HERE to email us if you have any questions about the process or would like to discuss your project.

Thanks for reading.

Author James Terenciuk
Building Surveyor Perth

BA20 BA20A – Neighbour consultation under the Building Act 2011

BA20 and BA20A forms were introduced as a form that can be taken to adjoining property owners to have them sign off on work which may affect them. There is a lot of confusion out there as to when a BA20 form is actually required so I hope to clear that up with today’s article. BA20 forms came into effect when the new Building Legislation was brought in on the 2nd of April 2012. From talking to my customers I hear that they as employees of building companies are finding that when they are sending out BA20 forms that rejection responses from neighbors are unfortunately all too common. The feeling is that neighbours are seeing BA20 forms as a last chance to voice their objections to planning approvals. I guess the trick would be don’t ask for their comment (and risk upsetting them) unless the Building Act says that you absolutely need to get their permission.

In summary:

• If the land or building is vacant no BA20 is needed to go on the land, in all other cases you would need one to go on to the adjoining property.

• If you’re building a wall that is part of a building permit approval (garage wall/parapet/boundary wall) then no BA20 is needed to remove the fence to construct the wall.

The bold text is taken directly from the legislation at the time of writing this article. The italicized text is my comments.

BA20’s are basically for:
1. Encroachment – Building over your boundary. This is should not be incorporated in part of your designs as boundary footings etc. are eccentric (off set). This would only happen if you got the site set out wrong or the site survey wrong, or wanted to build across 2 lots intentionally.

2. Adversely affecting land which includes —
(a) reducing the stability or bearing capacity of the land or a building or structure on the land; or Basically if you build a cellar/basement or have a retaining wall with a lot of cut near a boundary, the people next door should be able to build their own boundary wall in the future and not have it fall into your current building site. The engineer signing off on your job should be aware of and make sure that the wall of any cellar or retaining will be strong enough to support possible future developments next door. This incorporates an engineering principal known as the angle of repose.
(b) damage, or reduce the structural adequacy of, a building or structure on the land; or This shouldn’t happen. Please don’t intentionally damage your neighbour’s property.
(c) the changing of the natural site drainage in a way that reduces the effectiveness of the drainage of the land or existing or future buildings or structures on the land; Please ensure all stormwater is designed to be contained onsite. Check with the Council if it’s ok to use soakwells or if the area requires a connection to their stormwater system.

BA20A’s are for:
1. Protection structures. Protection structure means any thing placed into or onto land beyond the boundaries of works land – the purpose of which is to prevent, or minimise the risk of, works land or any other land being adversely affected (see definition above) by the work; This might be something like sheet piling or a temporary retaining wall – put on the neighbours land.

2. (a) Work you’re doing that will affect party walls. Party wall means a wall that is wholly or partly on a boundary of works land and that is a wall of a building on works land and a wall of a building beyond the boundary. These are not your typical garage walls, these are walls in class 2 buildings and are walls on top of the boundary, providing fire separation between 2 units. In the definitions of the current legislative framework, boundary and parapet garage walls are known as close walls (next to the boundary).
(b) If you want to affect a substantial dividing fences. A substantial dividing fence means a dividing fence, between works land and other land, that was constructed under a building permit, building licence or other approval that was granted in respect of the construction of the fence under the written law applicable at the time of its construction.Pretty self explanatory.
(c) If you want to affect a boundary retaining wall which protects land outside of your building site Also self explanatory.

Unless it’s an emergency. Then you can do what needs to be done and advise them ASAP. Penalties apply for delays.

3. Fences. Everyone loves removing a fence. They do have some exemptions which you’re going to love though:
A BA20A is required unless each of the following applies —
(i) the removal is required for the construction of a close wall; close wall means a wall, fence, post or column, whether free-standing or attached to, or forming part of, a building or
structure, that is so close to a boundary of the land on which the wall or fence is located that it is not reasonably practicable to build a separate dividing fence along the boundary. These are your garage boundary walls, and things like that. Great news, you don’t need permission to remove the fence if (ii) and (iii) below are done.
(ii) a building permit for the close wall is in effect; The permit will be in effect when you remove the fence to build your garage wall. So again, if you get the building permit you won’t need a BA20A for removing the fence.
(iii) the person responsible for the work has given at least 7 business days notice of the proposed removal to each owner of the land and at least one adult occupier of the land, if the land is not occupied by any of its owners; This can be done by any one from your office. The supervisor or one of your approvals team.
Or, other than the above:
Unless the land that shares, or on which is located, the fence, gate or other barrier is vacant land, or any building on that land is vacant; Great news again, if the land is vacant or the building is vacant, you don’t need permission to remove the fence.

4. Access to land. You must have consent to go onto someone’s land unless it’s for an emergency, or the land is vacant, or the building on the land is vacant. If the owner sees you on their vacant land then they can ask you to get off their land and you must follow that instruction.

This information has in part been pulled from the Building Act 2011, Building Regulations 2012 and is some opinion.

Click HERE to email us if you have any questions about the process or would like to discuss your project.

Thanks for reading.

Author James Terenciuk

While every effort has been made to ensure the accuracy and currency of the information contained within the Green Start Consulting website, the information contained and conveyed is intended as general information only. The publishers make no representation as to the completeness, accuracy or suitability for any purposes of the statements, information and opinions contained on the Green Start Consulting websites. Green Start Consulting as publishers and/or its employees, and including third party contributors, are not liable, and do not take any responsibility whatsoever for the reliance on such information. The reader should seek professional advice in relation to the matters contained within. Green Start Consulting as publishers and/or its employees, including third party contributors, accept no responsibility for any loss or damage; whether direct or consequential, suffered by any person as the result of or arising from the reliance on the statements, information or opinions contained within the Green Start Consulting websites.

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