Building Act 2011 (WA)

Western Australia

Western Australia

Building Act 2011

An Act to provide for the following —

permits for building work and demolition work;

standards for the construction and demolition of buildings and incidental structures;

the use and maintenance of, and requirements in relation to, existing buildings and incidental structures;

work affecting land other than land on which the work is done;

the amendment of the Local Government (Miscellaneous Provisions) Act 1960 and various other Acts 1;

the repeal of the Building Regulations 1989 and the Local Government (Prohibition on Dealings in Land) Regulations 1973 2;

related matters.

This is the Building Act 2011.

This Act comes into operation as follows —

• (a)

  sections 1 and 2 — on the day on which this Act receives the Royal Assent;

• (b)

  the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.

In this Act, unless the contrary intention appears —

adult means a person who has reached 18 years of age, and in the absence of positive evidence as to age, means a person who is apparently 18 or more years of age;

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;

applicable building standard, in a provision, means a building standard that is prescribed as an applicable building standard for the purposes of the provision in respect of a kind of building, incidental structure, building or demolition work or application to which the provision relates;

applicable certificate of design compliance, in relation to a building permit, means the certificate of design compliance —

• (a)

  that, as required by section 16(e), accompanied a certified application for the building permit; or

• (b)

  that was signed under section 17 on an uncertified application for the building permit,

as is relevant in the case;

approved, in relation to the manner or form of something, means approved —

• (a)

  by a prescribed person; or

• (b)

  in a prescribed way;

authorised person means a person designated under section 96 as an authorised person and includes, for the purposes of section 93(2)(d) —

• (a)

  a person who is prescribed as an authorised person for the purposes of section 93(2)(d); and

• (b)

  a person who is authorised by a local government in the manner prescribed for the purposes of section 93(2)(d);

authority under a written law includes an approval, licence, registration, right, permit or exemption granted under a written law;

building includes a part of a building;