Building Amendment Regulations (No. 3) 2008 (WA)

6 June 2008 GOVERNMENT GAZETTE, WA 2179

(No. 3) 2008.

HW301*

Local Government (Miscellaneous Provisions) Act 1960

Building Amendment Regulations (No. 3) 2008

Made by the Governor in Executive Council under section 433A of the
Act and the Local Government Act 1995 section 9.60.

1.            Citation

These regulations are the Building Amendment Regulations

2180 GOVERNMENT GAZETTE, WA 6 June 2008

2.            Commencement

These regulations come into operation as follows:

(a)	regulations 1 and 2—on the day on which these regulations are published in the Gazette;
(b)	the rest of the regulations - on the day on which the Local Government (Miscellaneous Provisions) Amendment Act 2007 section 5 comes into operation.

3.           The regulations amended

The amendments in these regulations are to the Building
Regulations 1989.

4.            Part 4 heading amended

The heading to Part 4 is amended by inserting after "Building applications" -

and applications for building
approval certificates

5.           Regulation 11 amended

Regulation 11(6) is amended by inserting after "other manner as the" -

building surveyor of the ".

6.           Regulation hA inserted

After regulation lithe following regulation is inserted -

46  

hA. Application for building approval certificate

(1)

An application to a local government for a building

approval certificate in relation to unauthorised building

work shall be made in the form of Form 8.

(2) An application for a building approval certificate in
relation to unauthorised building work shall be
accompanied by -

(a) 2 complete sets of drawings (to scale not less

than 1:100) showing the following -

(i)     a plan of every storey;

(ii)     at least 2 elevations of external fronts;

(iii)     one or more sections, transverse or longitudinal;

(iv)     the heights of each storey;

(v)     depth of foundations;

(vi) underpinnings;

6 June 2008 GOVERNMENT GAZETTE, WA 2181

(vii)      levels of ground;

(viii)      construction of the walls, floors and roofs;

(ix)      any other information that the local government may require, all clearly figured and dimensioned;

and

(b) a block and drainage plan (to a scale not less

than 1:500) showing the following -

(i)     street names, lot number and title reference to the site with the north point clearly marked;

(ii)      the size and shape of the site;

(iii)

the dimensioned position of the other buildings on the site;

(iv)      the relative levels of the site with respect to the street or way adjoining;

(v)     the position and size of any existing sewers and existing stormwater drains;

(vi)      the position of street trees, if any, between the site and the roadway;

and

(c) a description of the unauthorised building work including the materials used in the work and such information as is necessary to show that the unauthorised building work substantially conforms with the requirements of the Act; and

(d) any further details required by the local

government to show that the unauthorised

building work substantially conforms with the

requirements of the Act; and

(e) the value or the estimated current value

(calculated in the manner set Out in
regulation 24A(2)) of the unauthorised

building work.

(3)	An owner of a building making an application for a building approval certificate shall deposit with the Fire and Emergency Services Authority of Western Australia a description of the unauthorised building work, including the materials used in the work, of sufficient detail to enable the Authority to assess compliance of the work with the Fire Requirements of the Building Code of Australia.
(4)	Subregulation (3) does not apply in respect of a building of class 1 or 10 according to the Building Code.

2182 GOVERNMENT GAZETTE, WA 6 June 2008

(5) The unauthorised building work shall be clearly delineated on the drawings by colouring or other suitable means.

(6) The drawings referred to in subregulation (2) shall be

legible and durable and shall be not less in size than

sheet A4.

(7) Without limiting subregulation (2)(a)(vii), if any

alteration has been carried out to the conformation of
the ground on the site, the local government may
require the drawings referred to in that paragraph to
show all levels, both new and old, clearly marked or
indicated by contour lines or in such other manner as

the local government may direct.

(8) If a local government refuses to issue a building

approval certificate, the local government shall give the

applicant for the certificate notice in writing of—

(a)	the refusal; and
(b)	the reasons for the refusal; and
(c)	the applicant's rights under section 374AAD(1) of the Act to apply to the State Administrative Tribunal for a review of the refusal.

(9) A building approval certificate issued under

section 374AA(4) of the Act shall be in the form of

Form 9.

(10) If a local government issues a certificate subject to

conditions specified in it, the local government shall give the applicant for the certificate notice in writing of -

(a) the reasons for issuing the certificate subject to conditions; and

(b)	the applicant's rights under section 374AAD(1)
of the Act to apply to the State Administrative Tribunal for a review of those conditions.

7.            Regulation 14 amended

Regulation 14(2)(b) is deleted and the following paragraph is inserted instead -

(b) a person acting pursuant to a delegation under

section 374AAB(1) of the Act,

6 June 2008 GOVERNMENT GAZETTE, WA 2183

8.            Regulation 15 amended

Regulation 15(1) is amended as follows:

(a)	by deleting "or the building surveyor, as the case may be,";
(b)	by deleting "or building surveyor may at its or his or her" and inserting instead -

44

may at its ".

9.           Regulation 16 amended

Regulation 16(1) is amended by inserting after "as approved by" -

the building surveyor of the ".

10. Regulation 20 amended
After regulation 20(1) the following subregulation is inserted -

IE

(la) Where approval has not been given for the erection of a building and a building approval certificate is issued in relation to the unauthorised building work,

subregulation (1) applies as if the local government had
approved the erection of the building.

11.         Regulation 21 amended

(1)	Regulation 21 is amended by inserting before "Where" the subregulation designation "(1)".
(2)	At the end of regulation 21 the following subregulation is inserted -
(2) Where —

(a)	a certificate of classification has been issued for a portion of an uncompleted building; and
(b)	a building approval certificate is issued in relation to unauthorised building work on the building; and
(c)	the local government approves the occupation of a further portion of the building,

it shall -

(d)	revoke that certificate; and
(e)	issue a further certificate of classification in accordance with regulation 20 covering all portions of the building for which approval to occupy has been given by the local government.

2184 GOVERNMENT GAZETTE, WA 6 June 2008

12.          Regulation 24 amended

(1) After regulation 24(2) and before the Table to the regulation the

following subregulations are inserted -

"

(3)	For the purposes of subregulation (2)(a), if the contract price includes the value of plant or equipment to be housed in, on or around the proposed building and that plant or equipment is not for the purpose of providing services to or maintaining the building, the estimated value of the construction work does not include the value of the plant or equipment.
(4)	For the purposes of subregulation (2)(b), the estimated value of the construction work does not include the value of plant or equipment to be housed in, on or around the proposed building if the plant or equipment is not for the purpose of providing services to or maintaining the building.

(2) The Table to regulation 24 is amended by deleting "$40." in

both places where it occurs and inserting instead -
" $85. ".

13.          Regulation 24A inserted

After regulation 24 the following regulation is inserted in
Part 6-

24A.	Scale of fees: application for building approval certificate for unauthorised building work
(1)	The scale of fees set Out in the Table to this regulation shall be chargeable by and received by a local government in relation to an application for a building
approval certificate.
(2)	For the purposes of the Table to this regulation the estimated current value of the unauthorised building work shall be the sum of the current value of all goods (including manufactured goods) forming part of the construction work, labour, services necessary, fees payable, overheads to be met and profit margin.
(3)	In subregulation (2) the estimated current value of the unauthorised building work does not include the value of plant or equipment housed in, on or around the
building if the plant or equipment is not for the purpose of providing services to or maintaining the building.

6 June 2008 GOVERNMENT GAZETTE, WA 2185

Scale of fees

Description Fee

For the issue of a building	0.7% of 10/11 of the estimated
approval certificate in	current value of the unauthorised
relation to a building of	building work as determined by
Class 1 or 10.	the local government, but not less than $170.
For the issue of a building	0.4% of 10/11 of the estimated
approval certificate in	current value of the unauthorised
relation to a building	building work as determined by
other than a building of	the local government, but not less
Class 1 or 10.	than $170.

14.          Various references to building surveyor amended

(1) Each provision listed in the Table to this subregulation is
amended by inserting after "building surveyor" -

of the local government ".

Table

r. 10(2)	r. 26(1)
r.11(1)	r.27(2)
r. 12(1)	r. 28
r. 13(1)(b)	r.29(1)
r. 14(1)	r. 3 1(1)(c), (d) and (1)
r. 18(1) and (3)

(2)	Each provision listed in the Table to this subregulation is amended by deleting "building surveyor" and inserting instead -
" local government ".

Table

r. 8(2) and (3)
r. 11(1)(e) r. 17 (twice)

15.          Schedule 1 amended

(1) Schedule I Form 4 is amended as follows:

(a) after "Building surveyor" by inserting -

"

" of the local government

(b) in the note by inserting after "building surveyor'-

" of the local government "

(c) by deleting "section 374" and inserting instead

,,

"

section 374AAD

2186 GOVERNMENT GAZETTE, WA 6 June 2008

(2) Schedule 1 Form 5 is amended as follows:

(a)	after "Building surveyor" by inserting -
" of the local government
(b)	in the note by inserting after "building surveyor"

" of the local government ".

(3) Schedule 1 Form 6 is amended as follows:

(a)	after "Building surveyor" by inserting -
" of the local government
(b)

in the conditions by inserting after "building surveyor" " of the local government ".

(4) Schedule I Form 7 is amended after "Building surveyor" by

inserting -

" of the local government

(5) After Schedule I Form 7 the following forms are inserted -

Form 8. Application for building approval certificate

Local Government (Miscellaneous Provisions) Act 1960, s. 374AA

Building Regulations 1989, r. I 1A

BUILDING APPROVAL CERTIFICATE APPLICATION

Properly

Street [N Street name:

where

building is Address uburb: o.' I Postcode:

built	Lot/Location No.:
Applicant	Name:
(must be	Address:
owner of building)
Postal address:

Phone (H):  (W): (Mob):

Fax:	Email:
Signature:	I Date:

Details of	Type of building constructed:
building	0 Single dwelling 0 Patio 0 Swimming pool 0 Warehouse
(tick
box or	0 Grouped dwelling 0 Outbuilding 0 Retaining wall 0 Office
boxes)	0 Pergola 0 Factory 0 Shop
0 Other (specify):
Floor area of the building in m2 (including the width of all walls): Estimated current value of unauthorised building work (including GST): $

6 June 2008 GOVERNMENT GAZETTE, WA 2187

Form 9. Building approval certificate

Local Government (Miscellaneous Provisions) Act 1960,

S. 374AA(4)(a)	Certificate no.:
Building Regulations 1989, r. 1 IA(9)
BUILDING APPROVAL CERTIFICATE
Local Government:
Owner	Name: Address:
Property	Address  No.: Street name:

s here	Suburb:	Postcode:
building IS

I)IIuIt	Lot/Location No.: Certificate of Title	Volume:	Folio:
Description of building covered by this

certificate building with the requirements of the Act, is listed at the back of this certificate.

The building has been assessed as being of Class(es)

Building	Name:
surveyor of	Signature:  I Date:
the local  government

Back of Form 9

DOCUMENTATION

List documentation provided by other building professionals, supporting substantial conformity of the building with the requirements of the Act.

2188 GOVERNMENT GAZETTE, WA 6 June 2008

CONDITIONS

This certificate is subject to the following conditions.

If you are dissatisfied with these conditions you may apply to the State Administrative
Tribunal for a review under section 374AAD(1)(d) of Local Government (Miscellaneous

Provisions) Act 1960.

By Command of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.