Building approval process
Prepared by the Building Commission this guide will help you understand the process for obtaining approval to build and occupy a building in Western Australia.
Please also refer to the following link to the Useful Documents page within the Building section of the website - Useful documents and links (building) | City of Fremantle
Permits and process
The Building Act 2011 requires a certificate of design compliance signed by a registered building surveyor to be obtained before a building permit can be issued.
The City can complete the certificate of design compliance as part of an uncertified building permit (BA2) for a residential building (class 1 and 10) or a registered Building Surveyor Contractor can be engaged to issue the certificate of design compliance as part of a certified building permit application (BA1).
Please note that for building work for buildings with a BCA class 1b & 2 to 9, a BA1 certified application must be submitted. The required certificate of design compliance must be obtained from a registered Building Surveyor Contractor (private sector). Please refer to the information checklists below.
The permit authority has 10 business days to decide on a certified application. All prescribed approvals must be obtained and complied with, i.e. planning approval granted, including any applicable conditions to be complied with.
The permit authority has 25 business days to decide on an uncertified application, and all prescribed approvals must be obtained and complied with.
Information checklists
Different types of building work have different requirements when lodging an application under the Building Act 2011. The following information checklists are provided to assist you with the information requirements for lodging the applicable application.
What checklist you require depends on the type of structure you wish to apply for. Please refer to the descriptions below to view the checklist that is the most applicable to your development type.
Please note: the information contained within the checklists are not a complete list of all requirements but are a general guide of the minimum information required when submitting the application. When lodging an application through the online customer portal, a scanned copy of the application form signed by the owner(s), builder/demolition contractor and applicant is required to be uploaded. (Owner signature is currently not required for Class 1 & 10 building work for BA1 & BA2 applications only).
- BA1 certified application - Required when submitting a BA1 - certified building permit application.
- Class 10a building work - Building permit required for structures such as patios, sheds, carports, etc.
- Class 10b building work - Building permit required for structures such as swimming pools/spas, retaining walls, water tanks etc.
- Class 1a building work - Building permit required for single residential dwellings, group developments and alterations and additions to existing dwellings.
- Class 1b building work - Building permit required for a boarding house, guest house, hostel or the like. Guest, boarding or lodging houses which do not meet the criteria for a class 1b building are classified as Class 3 buildings.
- Class 2-9 building work - Building permit required for commercial development, such as warehouses, factories, shops, fit outs, offices, mixed use etc and some group housing developments.
- Swimming pool/Spa - Building permit required for the installation of swimming pools and spas.
- Unauthorised buildings (Class 1) - If residential building work has commenced on site prior to obtaining a building permit then this type of approval is required.
- Unauthorised buildings (Class 2-9) - If commercial development has commenced on site prior to obtaining a building permit then this type of approval is required.
- Unauthorised buildings (Class 10) - If class 10 (see above) building work has commenced on site prior to obtaining a building permit then this type of approval is required.
- Demolition work - This permit is required for proposed demolition of a building or incidental structure.
Fees for building applications (under Building Act 2011)
Conditions (s. 27)
A permit authority may impose, add, vary or revoke conditions on a building permit. Any conditions must relate to the particular building work rather than to work of that kind generally. Importantly those conditions cannot modify the certificate of design compliance or the plans and specifications that are specified in that certificate.
Applicants may apply to the State Administrative Tribunal for a review of the decision of the permit authority in relation to a condition imposed on the grant of a building permit.
Variations during construction
During construction some circumstances may arise that require changes or variations to the plans and specifications. Some minor changes may not require any amendment to the plans and specifications.
Other changes or variations may require a certificate of design compliance if the changes affect compliance with the building standards. Accordingly a new building permit may be required to reflect those changes.
The new building permit may cover the changes only and the previous building permit still covers the other works.
However where there are substantial changes or variations to the design or construction of the building or incidental structure, a new building permit for all the works may be warranted. This ensures that an accurate building record is maintained for that building or incidental structure.
Notice of completion (s.33)
The responsible person (builder or demolition contractor named on a permit) must issue a BA7 Notice of Completion within seven days of completion of the work or stage of work for which the permit was granted. The notice of completion must be given to the relevant permit authority.
The notice of completion (BA7) must also be accompanied by each relevant inspection or test certificate as listed on the building permit. Please note - if the BA7 relates to or includes a swimming/spa pool or associated safety barrier, an inspection of the barrier must then be conducted by the City in accordance with r.53 Building Regulations 2012. Please refer to the 'Private Swimming Pools' page for further information regarding inspection requirements for pool/spa safety barriers - Private swimming pools | City of Fremantle
A copy of the completed BA7 can be emailed to the City to building@fremantle.wa.gov.au
Duration of a building permit
A permit authority may set any validity period for a permit. This is usually done at the request of the applicant. Where the permit authority does not set a validity period, the default is two years.
If a project takes longer than expected, an application to extend the permit (BA22) can be submitted to the relevant permit authority. For more information regarding the requirements of the Building Act 2011 and the Building Regulations 2012 including the building permit forms (BA1 and BA2) and associated guides please see the DEMIRS website. Also see the checklists above for the information requirements
Occupancy permit
An occupancy permit must be obtained from the City before a Class 2 to 9 building can be occupied. It covers circumstances such as:
- occupying a completed new building or a new part of an existing building (s. 46);
- occupying an incomplete building or part of a building on a temporary basis (s. 47);
- modifying the current occupancy permit for additional use of a building on a temporary basis (s. 48);
- occupying a building or part of a building that has undergone a permanent change of use or classification (s. 49);
- authorising and occupying an unauthorised building or an unauthorised part of a building (s. 51); and
- authorising a building with existing approval with a new or replacement occupancy permit (s. 52) – this demonstrates that an existing building complies with the relevant building standards and is safe to occupy.
Please refer to the checklist for more information regarding lodging an application.
Occupancy permits applied for under sections 46 & 47, must be accompanied by a BA17 – Certificate of Construction Compliance (CCC) and must include all the certification and technical documents as listed under section 3 of the certificate. The CCC must be issued by a registered Building Surveyor Contractor (private sector).
Occupancy permits applied for under sections 48, 49, 51 & 52 must be accompanied by a BA18 – Certificate of Building Compliance (CBC), and must include all the certification and technical documents as listed under section 3 of the certificate. The CBC must be issued by a registered Building Surveyor Contractor (private sector).
A copy of the occupancy permit must be displayed at (or near) the principal entrance to the building in accordance with s.42 Building Act 2011, and must be clearly visible to occupiers and other people using the building.
In certain circumstances, the Building Regulations 2012 – r.15A(2), requires the Permit Authority (the City) to give a copy of the Occupancy Permit to the Department of Fire and Emergency Services (DFES).
Description of building work for which building permit is not required
Certain building work may not require a building permit. Please refer to Schedule 4, cl.2 - Building Regulations 2012 – description of building work for which building permit is not required. Please note that although a building permit may not be required for certain building work, the owner must ensure all building work complies with the applicable building standards - s. 37(2) Building Act 2011.
From the Building Act 2011 – Part 5, Division 2 – Circumstances in which building, demolition or occupancy permits not required.
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69. Temporary buildings (1) A permit is not required for a building or an incidental structure that is to remain erected for no longer than one month. (2) However, the permit requirement provisions apply to a building or incidental structure of a kind mentioned in subsection (1) — (a) that members of the public normally use; or (b) to which members of the public are permitted access. 70. Buildings incidental to infrastructure (1) A permit is not required for a building or an incidental structure that is, or is proposed to be, used in the construction, operation or maintenance of road, rail, port, harbour, airport, water, sewerage, electricity, oil or gas supply infrastructure. (2) However, the permit requirement provisions apply to a building or an incidental structure of a kind mentioned in subsection (1) — (a) that is, or is proposed to be, a residential facility or a recreational facility; or (b) that members of the public normally use; or (c) to which members of the public are permitted access. 71. Buildings incidental to shipping and boating facilities (1) A permit is not required for a building or an incidental structure that is, or is proposed to be, used in the construction, operation or maintenance of a facility of a kind mentioned in the Marine and Harbours Act 1981 section 5(1)(i). (2) However, the permit requirement provisions apply to a building or an incidental structure of a kind mentioned in subsection (1) — (a) that is, or is proposed to be, a residential facility or a recreational facility; or (b) that members of the public normally use; or (c) to which members of the public are permitted access. 72. Buildings incidental to mining operations (1) In this section — mining operations has the meaning given in the Mines Safety and Inspection Act 1994 section 4(1). (2) A permit is not required for a building or an incidental structure that is, or is proposed to be, used in the construction, operation or maintenance of a place at which mining operations are carried on. (3) However, the permit requirement provisions apply to a building or an incidental structure of a kind mentioned in subsection (2) — (a) that is, or is proposed to be, a residential facility or a recreational facility; or (b) that members of the public normally use; or (c) to which members of the public are permitted access. 73. Buildings incidental to exploiting petroleum and other resources (1) A permit is not required for a building or an incidental structure that is, or is proposed to be, used — (a) in connection with the exploration for, or exploitation of, petroleum resources, geothermal energy resources and other resources, to which the Petroleum and Geothermal Energy Resources Act 1967 or Petroleum (Submerged Lands) Act 1982 applies; or (b) in the construction, modification, reconstruction, operation or maintenance of a pipeline as defined in the Petroleum Pipelines Act 1969 section 4(1). (2) However, the permit requirement provisions apply to a building or an incidental structure of a kind mentioned in subsection (1) — (a) that is, or is proposed to be, a residential facility or a recreational facility; or (b) that members of the public normally use; or (c) to which members of the public are permitted access. 74. Buildings incidental to industrial processing plant (1) A permit is not required for a building or an incidental structure that is, or is proposed to be, used in the construction, operation or maintenance of a facility that is predominantly an industrial processing plant. (2) However, the permit requirement provisions apply to a building or an incidental structure of a kind mentioned in subsection (1) — (a) that is, or is proposed to be, a residential facility or a recreational facility; or (b) that members of the public normally use; or (c) to which members of the public are permitted access. Further information regarding occupancy permits can be obtained by clicking here |
Obstruction permit and verge bonds
As part of your building or demolition permit you may be required to pay a verge bond (unless otherwise specified) and may require an obstruction permit. For more information on these please see the trees and verges page.
Contact us
Building services
City of Fremantle
Walyalup Civic Centre
151 High Street, Fremantle
T 1300 693 736
F 08 9430 4634
E planning@fremantle.wa.gov.au