Information for building approvals

Find out more about building permit fees here

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.

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.

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.

A copy of the completed BA7 can be emailed to the City to building@fremantle.wa.gov.au

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

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).

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.

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

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.