Building Regulations 2012 (WA)
Western Australia
Building Act 2011
Western Australia
Building Act 2011
These regulations are the
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 the
Building Act 2011 Part 14 comes into operation.
In these regulations —
(a) in relation to a building site, means the bushfire attack level for the building or incidental structure in relation to that building site, as a measure of the severity of the building’s or structure’s potential exposure to attack by bush fire, determined in accordance with AS 3959; and
(b) if followed by a hyphen and group of letters or numbers, means the bushfire attack level of that particular rating determined in accordance with AS 3959;
(a) the Building Code Volume One Part G5 performance requirement G5P1 in relation to the following —
(i) a Class 2 or Class 3 building;
(ii) a Class 10a building or deck if the building or deck is immediately adjacent or connected to a Class 2 building, a Class 3 building or a Class 9 vulnerable use building;
and
(b) the Building Code Volume One Part G5 performance requirements G5P1 and G5P2 in relation to a Class 9 vulnerable use building; and
(c) the Building Code Volume Two Part H7 performance requirement H7P5 in relation to the following —
(i) a Class 1 building;
(ii) a Class 10a building or deck if the building or deck is associated with a Class 1 building;
(a) a Class 9a health‑care building (as defined in the Building Code Volume One Schedule 1);
(b) a Class 9b early childhood centre;
(c) a Class 9b primary or secondary school;
(d) a Class 9c residential care building (as defined in the Building Code Volume One Schedule 1);
(a) installed before 1 May 2016; or
(b) installed on or after 1 May 2016 in accordance with plans, drawings and specifications submitted to a permit authority for approval before that day;
(a) means a swimming pool that —
(i) is associated with a Class 1a building, or less than 30 sole‑occupancy units in a Class 2 building, or a Class 4 part of a building; and
(ii) has the capacity to contain water that is more than 300 mm deep;
and
(b) includes a spa‑pool; but
(c) does not include a spa‑bath;
(1) Building Code means the Building Code of Australia which is Volumes One and Two of the National Construction Code, published by, or on behalf of, the Australian Building Codes Board.(2) Unless the contrary intention appears, a reference in these regulations to the Building Code is a reference to the Building Code as amended from time to time.
For the purposes of paragraph (a) of the definition of
s. 16(a) | The manner and form of an application for a building permit or a demolition permit |
s. 19(2) | The form of a certificate of design compliance |
s. 25(1) | The form of a building permit or a demolition permit |
s. 33(2)(a) | The form of a notice of completion |
s. 34(2)(a) | The form of a notice of cessation |
s. 39(8) | The manner and form of an application for a declaration |
s. 54(1)(a) | The manner and form of an application for an occupancy permit or a building approval certificate |
s. 56(1) | The form of a certificate of construction compliance |
s. 57(1) | The form of a certificate of building compliance |
s. 61(1) | The form of an occupancy permit or modification or a building approval certificate |
s. 65(2)(a) | The manner and form of an application to extend the period of duration of certain occupancy permits or building approval certificates |
s. 85(1)(a) | The form of a notice about effect on other land |
s. 85(1)(i) | The form of a response notice to accompany a notice about effect on other land |
s. 110(2) | The form of a building order |
s. 128(2) | The manner and form in which a register is to be kept |
(1) In this regulation —
(2) A local government may, by instrument in writing, designate a person as an authorised person to inspect or test existing buildings located in the district of the local government for the purpose of monitoring whether specified Part 8 provisions are being complied with.
(3) A person may be designated under subregulation (2) for a fixed or indefinite period.
(4) A local government may, by instrument in writing, revoke a designation under subregulation (2) at any time.
(1) A local government must give an identity card to each person designated by it as an authorised person under regulation 4A.
(2) The identity card must —
(a) identify the person as an authorised person under regulation 4A; and
(b) contain a recent photograph of the person.
(3) The person must carry the identity card at all times when performing functions or exercising powers as an authorised person under regulation 4A.
(4) The person must, within 14 days of ceasing to be an authorised person under regulation 4A, return the identity card to the local government.
Penalty for this subregulation: a fine of $5 000.
(5) Subregulation (4) does not apply if the person has a reasonable excuse.
For the purposes of the definition of
1. | Building surveying practitioner level 1 | Any type of building or incidental structure. |
2. | Building surveying practitioner level 2 | A Class 1 or Class 10 building or incidental structure. |
A Class 2 to Class 9 building or incidental structure — | ||
(a) with a floor area not exceeding 2 000 m (b) not higher than 3 storeys. | ||
3. | Building surveying practitioner technician | A Class 1 or Class 10 building or incidental structure. |
A Class 2 to Class 9 building or incidental structure — | ||
(a) with a floor area not exceeding 500 m (b) not higher than 2 storeys. |
For the purposes of paragraph (f) of the definition of
For the purposes of the definition of
(1A) In this regulation —
(1) For the purposes of paragraph (c) of the definition of
owner , in relation to land held in freehold or held in leasehold under a strata lease in section 5(1) the following interests are prescribed —(a) a leasehold interest in the land if the terms of the lease allow the lessee to undertake building work without the consent of each person whose name is registered as a proprietor of the land;
(b) an interest as purchaser under a contract to purchase an estate in fee simple in the land or a strata leasehold estate in the land under a strata lease;
(c) a freehold interest in the land or a strata leasehold estate in the land under a strata lease vested in an executor or administrator under the
Administration Act 1903 section 8.
(2A) Despite subregulation (1), for the purposes of section 54(1)(b) in relation to an application mentioned in section 51(2) or (3),
owner , in relation to land held in freehold or held in leasehold under a strata lease, means —(a) a person whose name is registered as a proprietor of the land; and
(b) the State, if registered as a proprietor of the land; and
(c) an executor or administrator under the
Administration Act 1903 section 8 in whom is vested a freehold interest in the land or a strata leasehold estate in the land under a strata lease.
(2) For the purposes of paragraph (a) of the definition of
owner in relation to Crown land in section 5(1), the following persons are prescribed —(a) in relation to a managed reserve — the management body of the reserve;
(b) in relation to a road
— whichever of the following persons who, under a written law, has the care, control and management of the road —(i) the local government in whose district the road is situated;
(ii) the Commissioner of Main Roads;
(iii) the Minister as defined in the
Public Works Act 1902 section 2;
(c) in relation to Crown land that is vested in a person or body under a written law other than the
Land Administration Act 1997 — that person or body;(d) in relation to Crown land that is subject to a lease, other than land referred to in paragraph (a), (b) or (c) — the Minister for Lands and the lessee;
(e) in relation to any other Crown land — the Minister for Lands.
(1) For the purposes of section 16(b), in the circumstances where a person who holds an interest referred to in regulation 10(1)(a) has signed an application in respect of land on which a building or incidental structure is, or is proposed to be, located no other person is to be treated as the owner of the land.
(2) For the purposes of section 16(b), in the circumstances where a person who holds an interest referred to in regulation 10(1)(b) has signed an application in respect of land on which a building or incidental structure is, or is proposed to be, located no other person is to be treated as the owner of the land.
(1) The fee for an application of a kind mentioned in an item set out in Schedule 2 is the fee specified in that item in relation to the application.
(2) The Building Commissioner may reduce, waive or refund the whole or part of the fee in Schedule 2 Division 3.
For the purposes of section 130, the following documents are prescribed —
(a) the certificate of design compliance, including the plans and specifications that are specified in the certificate, relating to an application for a building permit;
(b) the certificate of construction compliance that accompanies an application of a kind mentioned in section 46 or 47;
(c) the certificate of building compliance that accompanies an application of a kind mentioned in Part 4 Division 2 of the Act, other than an application of a kind mentioned in section 46 or 47;
(d) the notice of completion given under section 33(1) in relation to a building permit;
(e) if a notice of cessation in relation a building permit is given under section 34(1), the notice of cessation.
For the purposes of paragraph (c) of the definition of
(a) a police officer in the course of duty in connection with a situation in which the safety of a person is at risk;
(b) a member of staff as defined in the
Fire and Emergency Services Act 1998 section 3 in the course of duty in connection with a situation in which the safety of a person is at risk.
(1) For the purposes of section 132(1) a permit authority must give the Building Commissioner the following information, in respect of the period covered by an annual report —
(a) the number of building permits, demolition permits and occupancy permits granted by the permit authority;
(b) the number of building approval certificates granted by the permit authority;
(c) the total estimated value of building work for which building permits were granted by the permit authority;
(d) the number of building orders made by the permit authority;
(e) the number of prosecutions for an offence against the Act commenced by the permit authority;
(f) the number and outcome of prosecutions commenced by the permit authority that have been finalised in the period.
(2) For the purposes of section 132(3) information requested under section 132(2) must be provided to the Building Commissioner electronically.
(1) In this regulation —
(2) This regulation applies for the purposes of section 146(e).
(3) Information obtained from a local government in relation to permits referred to in the
Work Health and Safety (General) Regulations 2022 regulation 315A may be disclosed to the regulator.(4) Information obtained from a permit authority in relation to the matters prescribed by the
Census and Statistics Regulation 2016 (Commonwealth) regulation 13 items 10 and 41 may be disclosed to the Statistician.
(1) Within 10 days of receiving the FES Commissioner’s advice in respect of plans and specifications provided under regulation 18B(1), the building surveyor must notify the FES Commissioner in writing of —
(a) any part of the FES Commissioner’s advice that is not incorporated in the plans and specifications that are specified in the certificate of design compliance for the building; and
(b) the reasons for not incorporating that advice.
(2) The permit authority that grants an occupancy permit for a building in respect of which plans and specifications were provided to the FES under regulation 18B(1) must give to the FES Commissioner a copy of the occupancy permit.
(3) The permit authority that modifies an occupancy permit referred to in subregulation (2) must give to the FES Commissioner a copy of the form of modification.
For the purposes of these regulations, AS 1926.1‑2012 as referenced in the Building Code —
(a) is modified to delete clause 2.2.4 and insert:
2.2.4 Boundary barriers
A boundary barrier to a pool must satisfy either paragraph (a) or paragraph (b):
(a) A boundary barrier satisfies this paragraph if —
(i) it has a height on the inside of not less than 1800 mm; and
(ii) it has NCZ‑5 formed as a quadrant of 900 mm radius down from the top of the inside of the barrier (see Figure 2.2(a)), subject to the qualification that NCZ 5 is not invalidated by the intersection of a compliant internal barrier if —
(I) where the width of the top rail or surface of the internal barrier is not more than 50 mm wide at any point within NCZ 5 — the internal barrier intersects at an angle of between 45 and 135 degrees to the 1800 mm boundary barrier (see Figure 2.2(b)); or
(II) where the width of the top rail or surface of the internal barrier is greater than 50 mm at any point within NCZ 5 — the internal barrier has a height not less than 1800 mm extending not less than 900 mm from the intersection (see Figure 2.2(c)).
(b) A boundary barrier satisfies this paragraph if —
(i) it has a height on the outside (the non‑pool side) of not less than 1200 mm; and
(ii) within 500 mm of the outside of the boundary barrier there are no steps, retaining walls, objects or level changes that would reduce the height of the outside of the boundary barrier below 1200 mm; and
(iii) NCZ 1, 2, 3 and, if the boundary barrier has vertical openings of 10‑100 mm in width, NCZ 4 (as described in clause 2.2.2) are present on the boundary barrier.
(b) is modified in clause 2.3.5(a) to insert after “plane”:
and vertical members are spaced to provide a clear opening of not more than 10 mm
(c) is modified in Figure 2.6 to delete “100 mm” and insert:
10 mm
(1) This regulation modifies the text of the Building Code.
(2) The Building Code Volume One Part J0.2 (2019 edition) is modified to delete paragraph (a) and insert:
(a) for reducing the heating or cooling loads —
(i) collectively achieve an average energy rating of not less than 6 stars; and
(ii) individually achieve an energy rating of not less than 5 stars,
using
house energy rating software ; and(3) The Building Code Volume Two Part 3.12.0.1 (2019 edition) is modified as follows —
(a) in paragraph (a) delete “A building must achieve an energy rating, including the separate heating and cooling load limits, using
house energy rating software , of greater than or equal to—” and insert:
To reduce heating or cooling loads, a building must achieve an energy rating, using
house energy rating software , of not less than—(b) delete paragraph (b).
(4) The Building Code (2022 edition) Volume One Part J3 is modified to delete clause J3D3(2) and insert:
(2) Energy ratings referred to in (1)(a)(i) and (ii) must be achieved using
house energy rating software .
(5) The Building Code (2022 edition) Volume Two Specification 42 clause S42C2(1) is modified to delete “, including the separate heating and cooling load limits,”.
(6) The Building Code (2022 edition) Volume One Part F8 Notes are modified as follows —
(a) delete “30 September 2023” and insert:
30 April 2025
(b) delete “1 October 2023” and insert:
1 May 2025
(7) The Building Code (2022 edition) Volume One is modified to delete Part G7.
(8) The Building Code (2022 edition) Volume One in the Notes in Parts J1 to J9 is modified as follows —
(a) delete “30 September 2023” (each occurrence) and insert:
30 April 2025
(b) delete “1 October 2023” (each occurrence) and insert:
1 May 2025
(9) The Building Code (2022 edition) Volume Two Part H4 clause H4D9 Notes are modified as follows —
(a) delete “30 September 2023” and insert:
30 April 2025
(b) delete “1 October 2023” and insert:
1 May 2025
(10) The Building Code (2022 edition) Volume Two Part H6 Notes are modified as follows —
(a) delete “30 September 2023” and insert:
30 April 2025
(b) delete “1 October 2023” and insert:
1 May 2025
(11) The Building Code (2022 edition) Volume Two is modified to delete Part H8.
Note for this regulation:
The Building Code (2022 edition) clause A1G4(3)(g) provides that a note is part of a provision or requirement in the Building Code and provides additional mandatory instructions.
(1) This regulation modifies the text of the Building Code.
(2) The Building Code (2022 edition) Volume One Part G5 is modified to insert the following note at the beginning of that Part:
During the period beginning on 1 May 2025 and ending on 30 April 2028, compliance with the National Construction Code (the Building Code) (2019 edition) Volume One Amendment 1 Part G5 is taken to be compliance with this edition of the National Construction Code (the Building Code) Volume One Part G5 in relation to the following buildings or decks located in a
(a) a Class 9b
early childhood centre ;(b) a Class 9b primary or secondary
school ;(c) a Class 10a building or deck if the building or deck is immediately adjacent or connected to a building referred to in paragraph (a) or (b).
Note for this regulation:
The Building Code (2022 edition) clause A1G4(3)(g) provides that a note is part of a provision or requirement in the Building Code and provides additional mandatory instructions.
For the purposes of section 14(2)(a) and (b), buildings and incidental structures of the following classifications are prescribed —
(a) Class 1a;
(b) Class 10.
(1) For the purposes of section 16(d), the following information about a building or incidental structure is prescribed —
(a) the address of the property on which the building or incidental structure is, or is to be, located;
(b) if the application is an application for a building permit, the intended use of the building or incidental structure;
(c) if the application is an application for a demolition permit —
(i) the classification of the building or incidental structure; and
(ii) the occupancy permit number (if any) of the building or incidental structure.
(2) For the purposes of section 16(d), the following information about the person who proposes to be named as the builder on the building permit, or as the demolition contractor on the demolition permit is prescribed —
(a) the postal address of the person;
(b) the telephone number or other contact details for the person;
(c) if the application is an application for a building permit to carry out builder work —
(i) the registration number of the person as a building service contractor under the
Building Services (Registration) Act 2011 ; or(ii) the number of the owner‑builder approval given under the
Building Services (Registration) Act 2011 .
(3) For the purposes of section 16(m), the following things must accompany an application —
(a) evidence that the relevant consents, or court orders, have been obtained under Part 6 Division 3 of the Act if the plans and specifications accompanying an uncertified application or the plans and specification specified in the certificate of design compliance accompanying a certified application show that —
(i) part of a building or structure will be placed into, onto or over land beyond the boundaries of the work area; or
(ii) land beyond the boundaries of the work area will be adversely affected;
(b) if the application is a certified application for a building permit, evidence that each authority referred to in regulation 18(2) that is relevant to the building work has been obtained and is in force;
(c) if the application is in respect of a Class 1 or Class 10 building or incidental structure, details of each performance solution to a building standard that is proposed to be used in the building work;
(d) if the application is an application for a demolition permit, evidence of the following —
(i) that the approval referred to in regulation 19(1) (if relevant) has been obtained and is in force;
(ii) that the notifications referred to in regulation 19(2) (if relevant) have been given.
(1) For the purposes of section 18(3), a requirement under section 18(1) —
(a) must be in writing; and
(b) must be clearly identified as a requirement under section 18(1); and
(c) must set out the specified time mentioned in section 18(1) and when it commences; and
(d) must indicate the consequences under section 18(2) of not complying with the requirement within the specified time; and
(e) must specify the information, if any, that the applicant must verify by statutory declaration; and
(f) must state the period within which the permit authority must decide whether or not to grant the building or demolition permit in the event that the applicant complies with the requirement within the specified time.
(2) For the purposes of section 18(4), only one set of requirements may be made in relation to an application.
(1) For the purposes of section 19(5), a certificate of design compliance must contain the following things —
(a) a statement by the building surveyor signing the certificate identifying the edition of the Building Code that contained the requirements mentioned in regulation 31A(2) applied by the building surveyor in respect of the building or incidental structure;
(b) if a declaration under section 39 has been made in respect of the building that is the subject of the application, a statement to that effect;
(c) if the certificate of design compliance is in respect of a Class 2 to Class 9 building or an incidental structure associated with such a building —
(i) a statement about each performance solution to a building standard that applies to the building work; and
(ii) details of the assessment methods set out in the Building Code Volume One Part A2 governing requirement A2G2 that were used to establish compliance with the building standard;
(d) if the certificate of design compliance is in respect of a Class 2 to Class 9 building —
(i) details of any advice given by the FES Commissioner in respect of the plans and specifications provided under regulation 18B(1); and
(ii) details of any notification given by the building surveyor to the FES Commissioner under regulation 15A(1);
(e) if the certificate of design compliance is in respect of a building or deck referred to in subregulation (1A) —
(i) a statement about whether the building or deck is, or is proposed to be, located in a bush fire prone area; and
(ii) if the building or deck is, or is proposed to be, located in an area that is a bush fire prone area and a bush fire performance requirement applies to the building or deck — the additional information referred to in subregulation (2).
Note for this subregulation:
For the purposes of paragraph (e)(ii) see regulations 15D, 31BA(1) and 31D which affect the application of bush fire performance requirements to buildings and decks.
(1A) For the purposes of subregulation (1)(e), the buildings and decks are the following —
(a) a Class 1, Class 2 or Class 3 building;
(b) a Class 9 vulnerable use building;
(c) a Class 10a building or deck if the building or deck is, or is proposed to be, located less than 6 m from a building referred to in paragraph (a) or (b).
(2) For the purposes of subregulation (1)(e)(ii), the additional information is —
(a) in all cases —
(i) the BAL for the building site; or
(ii) if another measure has been used to assess compliance with a bush fire performance requirement — details of the measure used and the results of that assessment;
and
(b) in the case of a Class 1 building —
(i) a statement about each performance solution to the bush fire performance requirement that is proposed to be used; and
(ii) details of the assessment method used to establish compliance with that requirement.
(1) For the purposes of section 19(6), at least 15 business days before signing a certificate of design compliance in respect of a Class 2 to Class 9 building, a building surveyor must provide to the FES Commissioner plans and specifications for the building in sufficient detail to allow assessment of compliance with the FES Commissioner’s operational requirements.
(2) A building surveyor does not have to comply with subregulation (1) if —
(a) the certificate is in respect of a stand‑alone single storey Class 5, 6, 7 or 8 building having a total floor area of 500 m
2 or less; and(b) no performance solution is proposed to a building standard that relates to a performance requirement in the Building Code relating to fire safety.
(3) A building surveyor does not have to comply with subregulation (1) if —
(a) the certificate is in respect of a Class 2 to Class 9 building that is being renovated, altered, improved or repaired; and
(b) no performance solution is proposed to a building standard that relates to a performance requirement in the Building Code relating to fire safety.
(4) A building surveyor does not have to comply with subregulation (1) if —
(a) the certificate is in respect of a stage of building work to a Class 2 to Class 9 building; and
(b) the following provisions of the Building Code Volume One do not apply to that stage —
(i) Section C concerning fire resistance;
(ii) Section E Part E1 concerning fire fighting equipment;
(iii) Section E Part E2 concerning smoke hazard management.
(1) It is sufficient compliance with regulation 18A(d)(i) to attach to the certificate of design compliance a copy of the advice given by the FES Commissioner.
(2) It is sufficient compliance with regulation 18A(d)(ii) to attach to the certificate of design compliance a copy of the notification.
(1) For the purposes of section 20(1)(b), building work that is not builder work is specified.
(2) For the purposes of section 20(1)(n), the following authorities under written laws are prescribed —
(a) if the building work involves the construction or installation of any apparatus for the treatment of sewage as defined in the
Health (Miscellaneous Provisions) Act 1911 section 3(1), the approval required under section 107(2)(a) or (b) of that Act;(b) if the building work is development as defined in the
Planning and Development Act 2005 section 4, each approval required under that Act in relation to the work;(c) if the building work involves the construction, alteration or extension of an aquatic facility as defined in the
Health (Aquatic Facilities) Regulations 2007 regulation 4, the approval required under Part 2 Division 1 of those regulations;(d) if the building work involves the development of land that is subject to the Swan Valley Planning Scheme, any approval required under Part 9 of that Scheme.
[(3) deleted] (4) For the purposes of section 20(1)(s), it is a requirement that if the application relates to building work for a Class 2 to Class 9 building the applicant has deposited with the FES Commissioner the plans and specifications specified in the certificate of design compliance accompanying the application unless the building surveyor does not have to comply with regulation 18B(1) because of regulation 18B(2), (3) or (4).
(1) For the purposes of section 21(1)(j), if the demolition work is development as defined in the
Planning and Development Act 2005 section 4, each approval required under that Act in relation to the work is prescribed.(2) For the purposes of section 21(1)(n) the following notifications are prescribed —
[(a) deleted] (b) the notification required under the
Work Health and Safety (General) Regulations 2022 regulation 142F;(c) notification of the intended demolition work to each person who provides electricity or gas services to the place that is the subject of the application.
(3) For the purposes of section 21(1)(o) it is a requirement for the granting of a demolition permit that the applicant has provided evidence to the local government of the local government district in which the demolition work is to be carried out that the building or incidental structure to be demolished has been treated so as to ensure that it is not infested by rodents at the time of the demolition.
(1) For the purposes of section 23(1)(a), the period for buildings of all classifications is —
(a) if the application relates to development as defined in the
Planning and Development Act 2005 section 4 and a planning scheme or interim development order that has effect under that Act provides that the development is not to be commenced or carried out without an approval being obtained upon the making of a development application —(i) 25 business days, excluding any day that is after the day on which the development application is made and before the day on which that application is determined; or
(ii) such longer period as is agreed in writing between the applicant and the permit authority;
and
(b) otherwise, 25 business days, or such longer period as is agreed in writing between the applicant and the permit authority.
(2) For the purposes of section 23(2)(a), the period for buildings of all classifications is 10 business days, or such longer period as is agreed in writing between the applicant and the permit authority.
For the purposes of section 25(3)(e), the following details about the builder are prescribed —
(a) the name of the builder;
(b) if the building permit is for builder work —
(i) the registration number of the builder as a building service contractor under the
Building Services (Registration) Act 2011 ; or(ii) the number of the owner‑builder approval given to the builder under the
Building Services (Registration) Act 2011 .
22. Form and content of demolition permit (s. 25)
For the purposes of section 25(4)(c), the following details about the demolition contractor are prescribed —
(a) the name of the contractor;
(b) if a licence has been issued to the contractor under the
Work Health and Safety (General) Regulations 2022 regulation 142R(3) — the number of that licence.
(1) In this regulation —
(2) An application to extend the time during which a permit has effect —
(a) must be made to the relevant permit authority in a manner and form approved by the Building Commissioner; and
(b) must set out —
(i) the reference number of the permit; and
(ii) the grounds for requesting the extension; and
(iii) the period for which the extension is sought.
(3) A permit authority may, by written notice, refuse to accept an application made after the expiry day for the permit if —
(a) the permit authority is satisfied that the delay in making the application was unreasonable in the circumstances; or
(b) the application is made more than 12 months after the expiry date for the permit.
(4) If an application is made before the expiry day for a permit and has not been determined by the expiry day, the permit continues to have effect on and from expiry day —
(a) until the permit authority extends, or refuses to extend the time during which the permit has effect; or
(b) until the applicant withdraws the application or gives notice of completion in relation to the permit,
except for any period when the permit does not have effect under section 35.
(5) If an application made after the expiry date for a permit is accepted by the permit authority, the permit is to be taken to have had effect on and from the day immediately following the expiry day —
(a) until the permit authority extends, or refuses to extend, the time during which the permit has effect; or
(b) until the applicant withdraws the application or gives notice of completion in relation to the permit,
except for any period when the permit does not have effect under section 35.
(1) The relevant permit authority may extend the time during which a permit has effect if the permit authority is satisfied that —
(a) the work, or stage of work, for which the permit was granted has not been completed; or
(b) the extension is necessary to allow rectification of defects in the work, or the stage of work, for which the permit was granted.
(2) If a relevant permit authority extends the time during which a permit has effect the permit authority may impose any condition on the permit that the permit authority could have imposed under section 27.
A person who applies for the extension of the time during which a permit has effect may apply to the State Administrative Tribunal for a review of the decision of the permit authority —
(a) to refuse to accept an application made after the day on which the permit ceases to have effect; or
(b) to refuse to extend the time during which the permit has effect; or
(c) in relation to a condition imposed on the permit when the permit authority extends the time during which the permit has effect.
(1) For the purposes of section 35(c), the owner of a building or incidental structure to which a permit applies may apply to the relevant permit authority for approval of a new responsible person for the work to which the permit applies if the permit does not have effect for a reason mentioned in section 35(a) or (b).
(2) An application must name, and be signed by, the new person who proposes to be named —
(a) as the builder on the building permit; or
(b) the demolition contractor on the demolition permit.
(3) On an application under subregulation (1), a permit authority must —
(a) approve a new person to be named as the builder on the building permit if the permit authority is satisfied of the matters mentioned in section 20(1)(b)(i) to (iii) in relation to the person; or
(b) approve a new person to be named as the demolition contractor on the demolition permit if the permit authority is satisfied of the matters mentioned in section 21(1)(b) in relation to the person.
(4) If a permit authority approves a new responsible person in relation to a permit, the permit authority must amend the details set out in the permit accordingly.
(1) Inspections and tests that are to be conducted during or at the completion of building work for a Class 2 to Class 9 building are tests to assess compliance with the building standards of each system referred to in column 1 of the Table in Schedule 3 that is required by the building standards to be installed in the building.
(2) The inspections and tests are to be conducted at the time set out in respect of the system in column 2 of the Table in Schedule 3.
(1) A person who conducts an inspection or test referred to in regulation 27 must complete an inspection certificate in respect of the inspection or test that contains the following information —
(a) the number of the building permit for the building work inspected or tested;
(b) a description of the purpose, extent and outcome of the inspection or test;
(c) the date and time the inspection or test was conducted;
(d) the name, contact details and qualifications of the person conducting the inspection or test;
(e) any other document or other evidence of the outcome of the inspection or test that the person conducting the inspection or test considers relevant.
(2) The person who completes an inspection certificate in respect of an inspection or test must provide the certificate to the person named as the builder on the building permit as soon as is reasonably practicable.
(1) Section 17 applies in respect of an application for a building licence that is to be taken to be an application for a building permit under section 178(4) as if the application were an uncertified application.
(2) Section 23(1) applies in respect of an application for a building licence that is to be taken to be an application for a building permit under section 178(4) as if the application was an uncertified application made on commencement day.
(1) For the purposes of the definition of
applicable building standard in section 3, the building standards set out in subregulation (2) are prescribed as applicable building standards for the purposes of sections 19(3) and 37(1) in respect of all kinds of buildings and incidental structures, except to the extent that regulations 31BA, 31C, 31D and 31HA otherwise provide.(2) For subregulation (1), the applicable building standards for a building or incidental structure are the requirements in relation to the technical aspects of the construction of a building or incidental structure of that building or incidental structure’s classification that are —
(a) set out in the edition of the Building Code that is in effect at the time the application for the building permit is made; or
(b) set out in the edition of the Building Code that was in effect 12 months before the time the application for the building permit is made.
[(c) deleted] [(2A) deleted] (3) For the purposes of subregulation (2), the applicable building standards include the governing requirements set out in the relevant edition of the Building Code.
(4) If the applicable building standards are set out in an earlier edition (the
earlier edition ) of the Building Code than the edition that was last adopted, a reference in these regulations to a Volume, Section, Part, Type, clause or Schedule of the Building Code is taken to be a reference to the corresponding Volume, Section, Part, Type, clause or Schedule of the earlier edition.
(1A) In this regulation —
(a) a bush fire performance requirement; or
(b) to the extent not covered by paragraph (a), a requirement imposed under any written law that is a requirement relating to —
(i) a technical aspect of the construction of a building or incidental structure; and
(ii) bush fires;
Note for this definition:
Paragraph (b) includes, for example, requirements imposed under the
(a) the estimated value of the building work is less than $20 000; or
(b) the renovation, alteration, extension, improvement or repair does not increase the risk of ignition from bushfire attack for the relevant building;
(a) when the building was constructed;
(b) if 1 or more applications or notices under section 49(b) or 51(2) or (3) or regulation 47(1) have been made or given in respect of the building — when the application or notice, or the last application or notice, was made or given;
(c) if the building has been relocated — when the building was last relocated;
(1) For the purposes of the definition of
applicable building standard in section 3, the building standards set out in Column 2 of the Table are prescribed as applicable building standards for the purposes set out in Column 1 of the Table opposite the standards.
1. | Section 19(3) in respect of all kinds of buildings and incidental structures located in a bush fire prone area | The requirements mentioned in regulation 31A(2) except that the bush fire performance requirements are not applicable building standards if — (a) the building or incidental structure is or will be located in an area that, at any time during the 4‑month period ending on the day on which the application is made, was not a bush fire prone area; or (b) the building work that is proposed to be done in respect of the building or incidental structure is excluded building work only; or (c) the building or incidental structure is or will be a Class 10a building or deck that — (i) is associated with a relevant building that is a Class 1 building; or (ii) is immediately adjacent or connected to a relevant building (other than a relevant building that is a Class 1 building). |
2. | Section 37(1) in respect of all kinds of buildings and incidental structures located in a bush fire prone area | The requirements mentioned in regulation 31A(2) except that the bush fire performance requirements are not applicable building standards if — (a) the building or incidental structure is located in an area that, at any time during the 4‑month period ending on the day on which the application for the building permit was made, was not a bush fire prone area; or (b) the building work done in respect of the building or incidental structure under the building permit is excluded building work only; or (c) the building or incidental structure is a Class 10a building or deck that — (i) is associated with a relevant building that is a Class 1 building; or (ii) is immediately adjacent or connected to a relevant building (other than a relevant building that is a Class 1 building). Note for this item: See also regulation 31HB(2). |
3. | Section 37(2) in respect of all kinds of buildings and incidental structures located in a bush fire prone area | The requirements mentioned in regulation 31E(2) except that the bush fire performance requirements are not applicable building standards if — (a) the building or incidental structure is located in an area that, at any time during the 4‑month period ending on the day on which the building work in respect of the building or incidental structure commenced, was not a bush fire prone area; or (b) the building work done in respect of the building or incidental structure is excluded building work only; or (c) the building or incidental structure is a Class 10a building or deck that — (i) is associated with a relevant building that is a Class 1 building; or (ii) is immediately adjacent or connected to a relevant building (other than a relevant building that is a Class 1 building). Note for this item: See also regulation 31HB(3). |
4. | Section 57(3) for an application mentioned in section 49(b) in respect of all kinds of buildings located in a bush fire prone area | The requirements mentioned in regulation 31G(2) except that the bush fire performance requirements are not applicable building standards if the building is located in an area that, at any time during the 4‑month period ending on the day on which the application is made, was not a bush fire prone area. |
5. | Section 57(3) for an application mentioned in section 51(2) in respect of all kinds of buildings located in a bush fire prone area | The requirements mentioned in regulation 31G(2) except that the bush fire performance requirements are not applicable building standards if — (a) the building is located in an area that, at any time during the 4‑month period ending on the day on which the application is made, was not a bush fire prone area; or (b) the unauthorised work done in respect of the building is excluded building work only. |
6. | Section 57(3) for an application mentioned in section 51(3) in respect of all kinds of buildings and incidental structures located in a bush fire prone area | The requirements mentioned in regulation 31G(2) except that the bush fire performance requirements are not applicable building standards if — (a) the building or incidental structure is located in an area that, at any time during the 4‑month period ending on the day on which the application is made, was not a bush fire prone area; or (b) the unauthorised work done in respect of the building or incidental structure is excluded building work only; or (c) the building or incidental structure is a Class 10a building or deck that — (i) is associated with a relevant building that is a Class 1 building; or (ii) is immediately adjacent or connected to a relevant building (other than a relevant building that is a Class 1 building). |
(2) Item 1, 2 or 3 (as the case may be) of the Table to subregulation (1) does not apply if the building work is the assembly, reassembly or securing of a relocated building or a relocated incidental structure.
Note for this subregulation:
See also regulation 31D.
(3) Column 2 paragraph (b) of item 1, 2, 3, 5 or 6 (as the case may be) of the Table to subregulation (1) does not apply if the excluded building work is part of a larger project of building work that has been divided up for the sole or dominant purpose of taking advantage of that paragraph.
(4) In determining whether building work is excluded building work for the purposes of Column 2 paragraph (b) of item 2 or 3 (as the case may be) of the Table to subregulation (1), the definition of that term in subregulation (1A) applies as if the definition of
relevant building were the definition that applied immediately before the commencement of theBuilding Amendment Regulations 2021 regulation 6 if —(a) in the case of item 2 — the building permit for the building work was obtained before 1 May 2021; or
(b) in the case of item 3 — the building work commenced before 1 May 2021.
[(5)-(8) deleted]
(1) For the purposes of the definition of
applicable building standard in section 3, the building standards set out in the Table are prescribed as applicable building standards for the purposes of sections 19(3) and 37(1) in respect of —(a) a type of swimming pool referred to in the Table; and
(b) a barrier to a type of swimming pool referred to in the Table.
All swimming pools other than private swimming pools | The requirements mentioned in regulation 31A(2) other than the Building Code pool barrier requirements. |
Private swimming pools other than pre‑May 2016 private swimming pools | The requirements mentioned in regulation 31A(2)(a) and 50A(1) except that — (a) a Building Code pool barrier requirement (and its associated deemed‑to‑satisfy solution) in effect at or after the time the application for a building permit to construct the pool was made may be substituted for a Building Code pool barrier requirement mentioned in regulation 31A(2)(a); and (b) a performance solution cannot be used to comply with a Building Code pool barrier requirement unless the performance solution is an approved barrier solution. |
Pre‑May 2016 private swimming pools | The requirements mentioned in regulation 31A(2)(a) and 50A(1) except that — (a) a Building Code pool barrier requirement (and its associated deemed‑to‑satisfy solution) that was in effect at or after the time the application for a building permit to construct the pool was made may be substituted for a Building Code pool barrier requirement mentioned in regulation 31A(2)(a); and (b) the requirements for a barrier to a private swimming pool set out in regulation 50A(4) and (5) may be substituted for a Building Code pool barrier requirement; and (c) a performance solution cannot be used to comply with a Building Code pool barrier requirement unless the performance solution is an approved barrier solution. |
(2) For the purposes of the definition of
applicable building standard in section 3, the building standards set out in the Table are prescribed as applicable building standards for the purposes of section 37(2) in respect of —(a) a type of swimming pool referred to in the Table; and
(b) a barrier to a type of swimming pool referred to in the Table.
All swimming pools other than private swimming pools | The requirements mentioned in regulation 31E(2) other than the Building Code pool barrier requirements. |
Private swimming pools other than pre‑May 2016 private swimming pools | The requirements mentioned in regulation 31E(2) and 50A(1) except that — (a) a Building Code pool barrier requirement (and its associated deemed‑to‑satisfy solution) that was in effect at or after the time the construction of the pool commenced may be substituted for a Building Code pool barrier requirement mentioned in regulation 31E(2); and (b) a performance solution cannot be used to comply with a Building Code pool barrier requirement unless the performance solution is an approved barrier solution. |
Pre‑May 2016 private swimming pools | The requirements mentioned in regulation 31E(2) and 50A(1) except that — (a) a Building Code pool barrier requirement (and its associated deemed‑to‑satisfy solution) that was in effect at or after the time the construction of the pool commenced may be substituted for a Building Code pool barrier requirement mentioned in regulation 31E(2); and (b) the requirements for a barrier to a private swimming pool set out in regulation 50A(4) and (5) may be substituted for a Building Code pool barrier requirement; and (c) a performance solution cannot be used to comply with a Building Code pool barrier requirement unless the performance solution is an approved barrier solution. |
(3) For the purposes of the definition of
applicable building standard in section 3, the building standards set out in the Table are prescribed as applicable building standards for the purposes of section 57(3) for an application mentioned in section 51(3) in respect of —(a) a type of swimming pool referred to in the Table; and
(b) a barrier to a type of swimming pool referred to in the Table.
All swimming pools other than private swimming pools | The requirements mentioned in regulation 31G(2) other than the Building Code pool barrier requirements. |
Private swimming pools other than pre‑May 2016 private swimming pools | The requirements mentioned in regulation 31G(2) and 50A(1) except that — (a) a Building Code pool barrier requirement (and its associated deemed‑to‑satisfy solution) that was in effect at or after the time the construction of the pool commenced may be substituted for a Building Code pool barrier requirement mentioned in regulation 31G(2); and (b) a performance solution cannot be used to comply with a Building Code pool barrier requirement unless the performance solution is an approved barrier solution. |
Pre‑May 2016 private swimming pools | The requirements mentioned in regulation 31G(2) and 50A(1) except that — (a) a Building Code pool barrier requirement (and its associated deemed‑to‑satisfy solution) that was in effect at or after the time the construction of the pool commenced may be substituted for a Building Code pool barrier requirement mentioned in regulation 31G(2); and (b) the requirements for a barrier to a private swimming pool set out in regulation 50A(4) and (5) may be substituted for a Building Code pool barrier requirement; and (c) a performance solution cannot be used to comply with a Building Code pool barrier requirement unless the performance solution is an approved barrier solution. |
Note for this regulation:
See also regulation 15B which, for the purposes of these regulations, modifies AS 1926.1‑2012 as referenced in the Building Code.
(1AA) In this regulation —
(1A) This regulation does not apply to a swimming pool.
(1) For the purposes of the definition of
applicable building standard in section 3, the building standards set out in subregulation (2) are prescribed as applicable building standards for the purposes of sections 19(3) and 37(1) and (2) in respect of the assembly, reassembly or securing of a relocated building or a relocated incidental structure.(2) For subregulation (1), the applicable building standards are the requirements in relation to the technical aspects of the construction of the relocated building or incidental structure that were imposed under the written law applicable at the time the relocated building or incidental structure was first assembled, except to the extent that subregulations (3), (4) and (5) of this regulation otherwise provide.
(3) The applicable building standards include those that relate to a performance requirement that is —
(a) listed in the Table; and
(b) applicable to buildings or incidental structures of the classification of the relocated building or incidental structure; and
(c) set out in the edition of the Building Code —
(i) for sections 19(3) or 37(1) — mentioned in regulation 31A(2)(a) or (b); or
(ii) for section 37(2) — in effect at the time the assembly, reassembly or securing of the relocated building or incidental structure commenced.
Volume One Part B1 — Structural provisions | B1P1, B1P2, B1P3, B1P4 |
Volume One Part C1 — Fire resistance | C1P1, C1P2, C1P3, C1P4, C1P5, C1P6, C1P7, C1P8, C1P9 |
Volume One Part D1 — Access and egress | D1P2, D1P3, D1P4, D1P5, D1P6 |
Volume One Section E — Services and equipment | E1P1, E1P2, E1P3, E1P4, E1P5, E1P6, E2P1, E2P2, E4P1, E4P2, E4P3 |
Volume One Section G — Ancillary provisions | G2P1, G2P2, G5P1, G5P2 |
Volume Two Part H1 — Structure | H1P1, H1P2 |
Volume Two Part H3 — Fire safety | H3P1, H3P2 |
Volume Two Part H5 — Safe movement and access | H5P1, H5P2 |
Volume Two Part H7 — Ancillary provisions and additional construction requirements | H7P3, H7P5, H7P6 |
[(3A) deleted] (4) The applicable building standards include those that relate to a performance requirement that is —
(a) listed in the Table; and
(b) applicable to buildings or incidental structures —
(i) of the classification of the relocated building or incidental structure; and
(ii) in the geographical area where the relocated building or incidental structure was first assembled;
and
(c) set out in the edition of the Building Code in effect —
(i) if subparagraph (ii) does not apply — at the time of, or 12 months before, the first application for a building permit to assemble the relocated building or incidental structure (whichever was applied by the building surveyor in respect of the building or incidental structure); or
(ii) if no building permit to assemble the relocated building or incidental structure has ever been required — at the time of the first assembly of the relocated building or incidental structure.
Volume One Section J — Energy efficiency | J1P1 |
Volume Two Part H6 — Energy efficiency | H6P1, H6P2 |
Note for this subregulation:
This subregulation does not apply if the conditions in paragraph (c) cannot be met because —
(a) a building permit to assemble the relocated building or incidental structure has been required but none has ever been applied for; or
(b) no edition of the Building Code was in effect at the relevant time mentioned in paragraph (c).
(5) The bush fire performance requirements are not applicable building standards for the purposes of the section set out in Column 1 of the Table in the circumstances set out in Column 2 of the Table opposite the section.
s. 19(3) | If — (a) the relocated building or incidental structure will be relocated to an area that, at any time during the 4‑month period ending on the day on which the application is made, was not a bush fire prone area; or (b) the relocated building or incidental structure is or will be a Class 10a building or deck that — (i) is associated with a relevant building that is a Class 1 building; or (ii) is immediately adjacent or connected to a relevant building (other than a relevant building that is a Class 1 building). |
s. 37(1) | If — (a) the relocated building or incidental structure is relocated to an area that, at any time during the 4‑month period ending on the day on which the application for the building permit was made, was not a bush fire prone area; or (b) the relocated building or incidental structure is or will be a Class 10a building or deck that — (i) is associated with a relevant building that is a Class 1 building; or (ii) is immediately adjacent or connected to a relevant building (other than a relevant building that is a Class 1 building). Note for this item: See also regulation 31HB(2). |
s. 37(2) | If — (a) the relocated building or incidental structure is relocated to an area that, at any time during the 4‑month period ending on the day on which the assembly, reassembly or securing of the relocated building or incidental structure commenced, was not a bush fire prone area; or (b) the relocated building or incidental structure is or will be a Class 10a building or deck that — (i) is associated with a relevant building that is a Class 1 building; or (ii) is immediately adjacent or connected to a relevant building (other than a relevant building that is a Class 1 building). Note for this item: See also regulation 31HB(3). |
(1) For the purposes of the definition of
applicable building standard in section 3, the building standards set out in subregulation (2) are prescribed as applicable building standards for the purposes of section 37(2) in respect of all kinds of buildings and incidental structures, except to the extent that regulations 31BA, 31C and 31HA otherwise provide.(2) For subregulation (1), the applicable building standards for a building or incidental structure are the requirements in relation to the technical aspects of the construction of a building or incidental structure of that building or incidental structure’s classification that are set out in the edition of the Building Code that was in effect at the time the building work mentioned in section 37(2) commenced.
(1) For the purposes of the definition of
applicable building standard in section 3, the building standards set out in subregulation (2) are prescribed as applicable building standards for the purposes of section 57(3) for an application mentioned in section 49(a) in respect of all kinds of buildings.(2) For subregulation (1), the applicable building standards for a building are the requirements mentioned in regulation 31A(2) applied by the building surveyor who signed the certificate of design compliance for the building but if there is no applicable certificate of design compliance, either —
(a) the building licence or other approval that was granted in respect of the construction of the building under the written law applicable at the time of its construction; or
(b) each requirement in relation to the technical aspects of the construction of the building applicable to the building at the time of its construction.
(1) For the purposes of the definition of
applicable building standard in section 3, the building standards set out in subregulation (2) are, except to the extent that regulations 31BA, 31C and 31HA otherwise provide, prescribed as applicable building standards for the purposes of section 57(3) for an application mentioned —(a) in section 49(b) or 51(2) in respect of all kinds of buildings; or
(b) in section 51(3) in respect of all kinds of buildings and incidental structures.
(2) For subregulation (1), the applicable building standards for a building or incidental structure are the requirements in relation to the technical aspects of the construction of a building or incidental structure of that building or incidental structure’s classification that are set out in the edition of the Building Code that is in effect at the time the application for the occupancy permit or building approval certificate is made.
(1) For the purposes of the definition of
applicable building standard in section 3, the building standards set out in subregulation (2) are, except to the extent that regulation 31C otherwise provides, prescribed as applicable building standards for the purposes of section 57(4)(b) for an application mentioned —(a) in section 48 or 52(1) in respect of all kinds of buildings; or
(b) in section 52(2) in respect of all kinds of buildings and incidental structures.
(2) For subregulation (1), the applicable building standards for a building are the requirements mentioned in regulation 31A(2) applied by the building surveyor who signed the certificate of design compliance for the building or incidental structure but if there is no applicable certificate of design compliance, either —
(a) the building licence or other approval that was granted in respect of the construction of the building or incidental structure under the written law applicable at the time of its construction; or
(b) each requirement in relation to the technical aspects of the construction of the building or structure applicable to the building or incidental structure at the time of its construction.
(1) In this regulation —
(a) the criterion set out in clause 5.4.3(g);
(b) the criterion set out in clause 5.4.5(g);
(c) the criterion set out in clause 5.4.6(f);
(a) an application for a building permit was made before the commencement date; or
(b) a building licence or other approval that was required to be granted under the written law applicable at the time was granted before the commencement date; or
(c) a building permit, building licence or other approval was not required and the construction of the building or the incidental structure commenced before the commencement date;
(2) For the purposes of the definition of
applicable building standard in section 3, the building standards set out in subregulation (3) are prescribed as applicable building standards for the purposes of sections 19(3), 37(1) and (2) and 57(3) in respect of non‑combustible external walls.(3) For subregulation (2), the applicable building standards are the requirements mentioned in regulation 31A(2), except to the extent that subregulations (4) to (6) provide otherwise.
(4) A performance solution to the fire resistance performance requirement must not be used unless the performance solution is verified in accordance with C1V3.
(5) Despite subregulation (4), a performance solution to the fire resistance performance requirement that is used for exempt remedial work is not required to be verified in accordance with C1V3.
(6) The debris criteria do not need to be complied with if it can be shown that, in the event of a fire in the external walls, the debris —
(a) will not prevent the safe evacuation of the building’s occupants; and
(b) will not pose a risk to an officer or member of a permanent fire brigade as defined in the
Fire Brigades Act 1942 section 4(1).
(1) In this regulation —
(2) For the purposes of item 2 Column 2 paragraph (a) of the Table to regulation 31BA(1), and the item relating to section 37(1) in the Table to regulation 31D(5), the area is taken to have been a bush fire prone area for the whole of the 4‑month period if —
(a) immediately before commencement day, the area was identified in any way under a local planning scheme as an area that is subject, or likely to be subject, to bush fires; and
(b) the application for the building permit was made in the 4‑month period beginning on commencement day.
(3) For the purposes of item 3 Column 2 paragraph (a) of the Table to regulation 31BA(1), and the item relating to section 37(2) in the Table to regulation 31D(5), the area is taken to have been a bush fire prone area for the whole of the 4‑month period if —
(a) immediately before commencement day, the area was identified in any way under a local planning scheme as an area that is subject, or likely to be subject, to bush fires; and
(b) the building work commenced in the 4‑month period beginning on commencement day.
(1) Despite regulation 31A, this regulation applies in relation to an application for a building permit made during the period beginning on 1 May 2024 and ending on 30 April 2025.
(2) For the purposes of the definition of
applicable building standard in section 3, the building standards set out in subregulation (3) are prescribed as applicable building standards for the purposes of sections 19(3) and 37(1) in respect of all kinds of buildings and incidental structures, except to the extent that regulations 31BA, 31C, 31D and 31HA otherwise provide.(3) For the purposes of subregulation (2), the applicable building standards for a building or incidental structure are the requirements in relation to the technical aspects of the construction of a building or incidental structure of that building or incidental structure’s classification that are —
(a) set out in the edition of the Building Code that is in effect at the time the application for the building permit is made; or
(b) set out in the Building Code (2019 edition) Amendment 1.
(4) For the purposes of subregulation (3), the applicable building standards include the governing requirements set out in the relevant edition of the Building Code.
(5) If the applicable building standards are set out in an earlier edition (the
earlier edition ) of the Building Code than the edition that was last adopted, a reference in these regulations to a Volume, Section, Part, Type, clause or Schedule of the Building Code is taken to be a reference to the corresponding Volume, Section, Part, Type, clause or Schedule of the earlier edition.
(1) For the purposes of the definition of
applicable building standard in section 3, the building standards set out in subregulation (2) are prescribed as applicable building standards for the purposes of section 38(1) and (2) in respect of demolition work.(2) For subregulation (1), the applicable building standards in respect of demolition work are as follows —
(a) material removed or displaced from a building or incidental structure being demolished —
(i) must not be placed in such a way as to cause a floor of the building or incidental structure to collapse; and
(ii) must be sprayed with water or otherwise treated to prevent any nuisance from dust; and
(iii) must be removed from the demolition site; and
(iv) must not be burned on the demolition site;
(b) ensuring that each electrical or gas service to the building or incidental structure being demolished is disconnected by the provider of the service no later than the day on which the demolition work is completed.
(1) In this regulation —
(2) For the purposes of demonstrating compliance with a building standard, a CodeMark certificate issued for a building product is sufficient evidence that the building product complies with the provisions of the Building Code specified in the certificate.
(3) Despite subregulation (2), a CodeMark certificate must not be used for a performance solution to the fire resistance performance requirement unless the performance solution is verified in accordance with C1V3.
In this Division —
(a) an application for a declaration that the building standard does not apply to the building, incidental structure or demolition work that is the subject of the application; or
(b) an application for a declaration that the building standard applies in a modified way to the building, incidental structure or demolition work that is the subject of the application.
(1) An application in relation to a building standard must be accompanied by —
(a) a statement by an independent building surveyor setting out —
(i) each risk to people, property or the environment that the building standard, if applied, prevents or minimises; and
(ii) how each risk is quantified and measured for the building, incidental structure or demolition work that is the subject of the application; and
(iii) if, and the extent to which, a risk would be increased if the building standard did not apply, or was modified in the way proposed by the applicant;
and
(b) a statement of a second independent building surveyor, who has been approved by the Building Commissioner for the purposes of this paragraph, confirming that the second independent building surveyor has reviewed, and agrees with, the statement referred to in paragraph (a); and
(c) a statement of the applicant setting out the reasons for the applicant’s opinion that making the declaration on the application —
(i) is in the public interest; or
(ii) is consistent with the purpose of a written law or a Commonwealth law specified in the applicant’s statement.
(2) For the purposes of subregulation (1) a building surveyor is an independent building surveyor in relation to an application if —
(a) the building surveyor is neither an owner, nor an employee of the owner, of the land on which —
(i) the building or incidental structure that is the subject of the application is, or is proposed to be, located; or
(ii) the demolition work is proposed to be done;
and
(b) the building surveyor is neither the person, nor an employee of the person, who is or proposes to be —
(i) named as the builder on a building permit to do building work in respect of the building or incidental structure; or
(ii) named as the demolition contractor on a demolition permit to do the demolition work.
(1) In this regulation —
(a) to not declare that a building standard does not apply; or
(b) to not modify a building standard; or
(c) to modify a building standard in a way different from that proposed by the applicant.
(2) The Building Commissioner must —
(a) record the grounds on which a decision is based and the reasons for the decision; and
(b) as soon as is practicable, but in any case not later than 5 days after making the decision, give to the applicant written notice of the decision together with those grounds and reasons, and the person’s right of review under section 120.
34. Revoking or amending declarations (s. 39(9)(b))
If the Building Commissioner makes a declaration on an application in relation to a building standard, the Building Commissioner may revoke or amend the declaration if the Building Commissioner becomes aware of any of the following —
(a) an appropriate building solution that meets the building standard;
(b) a change to the building standard;
(c) a change to the risk to people, property or the environment that the building standard, if applied, prevents or minimises;
(d) a change to the written law or Commonwealth law the purpose of which had been consistent with the declaration;
(e) an error in a statement that accompanied the application under regulation 32(1).
For the purposes of section 42(a) the following information about, or contained in, an occupancy permit must be displayed at or near the principal entrance to each part of the building to which the occupancy permit relates in a manner that is clearly visible to occupiers and other persons using the building —
(a) the name or other description of the building;
(b) the classification of the building;
(c) the use authorised by the occupancy permit;
(d) the name of the permit authority for the building.
(1) For the purposes of section 55(3), a requirement under section 55(1) —
(a) must be in writing; and
(b) must be clearly identified as a requirement under section 55(1); and
(c) must set out the specified time mentioned in section 55(1) and when it commences; and
(d) must indicate the consequences under section 55(2) of not complying with the requirement within the specified time; and
(e) must specify the information, if any, that the applicant must verify by statutory declaration.
(2) For the purposes of section 55(4), only one set of requirements may be made in relation to an application.
(1) For the purposes of section 57(2)(c), the following authorities under written laws, as relevant to the building or incidental structure, are prescribed —
(a) an approval required under the
Health (Miscellaneous Provisions) Act 1911 section 107(2)(a) or (b);(b) an approval required under the
Planning and Development Act 2005 ;(c) an approval required under the
Health (Aquatic Facilities) Regulations 2007 Part 2 Division 1;(d) an approval required under the
Local Government (Uniform Local Provisions) Regulations 1996 regulation 12(2);(e) an approval required under the Swan Valley Planning Scheme.
(2) For the purposes of section 57(2)(d), a certificate of building compliance must contain the following things —
(a) if a declaration under section 39 has been made in respect of the building, a statement to that effect;
(aa) if the certificate of building compliance is to accompany an application mentioned in section 49(b) and the change of classification of the building is to a Class 2 building, a Class 3 building or a Class 9 vulnerable use building —
(i) a statement about whether the building is located in a bush fire prone area; and
(ii) if the building is located in a bush fire prone area and a bush fire performance requirement applies to the building —
(I) the BAL for the building site; or
(II) if another measure has been used to assess compliance with a bush fire performance requirement — details of the measure used and the results of that assessment;
(b) if the certificate of building compliance is to accompany an application mentioned in section 51(2) or (3), plans and specifications that show how the building complies with each building standard that applies to the building or incidental structure;
(ba) if the certificate of building compliance is to accompany an application mentioned in section 51(2) or (3) in respect of a building or deck referred to in subregulation (3) —
(i) a statement about whether the building or deck is located in a bush fire prone area; and
(ii) if the building or deck is located in a bush fire prone area and a bush fire performance requirement applies to the building or deck —
(I) the BAL for the building site; or
(II) if another measure has been used to assess compliance with a bush fire performance requirement — details of the measure used and the results of that assessment;
(c) if a performance solution was used to comply with a building standard, a statement about the performance solution and details of the assessment methods used to establish compliance with the building standard.
Notes for this subregulation:
1. For the purposes of paragraph (aa)(ii), see regulation 15D and regulation 31BA(1) Table item 4 which affect the application of bush fire performance requirements to buildings.
2. For the purposes of paragraph (ba)(ii), see regulation 15D and regulation 31BA(1) Table item 5 or 6 (as the case may be) which affect the application of bush fire performance requirements to buildings and decks.
(3) For the purposes of subregulation (2)(ba), the buildings and decks are the following —
(a) a Class 1, Class 2 or Class 3 building;
(b) a Class 9 vulnerable use building;
(c) a Class 10a building or deck if the building or deck is, or is proposed to be, located less than 6 m from a building referred to in paragraph (a) or (b).
For the purposes of section 58(1)(j), the following authorities under written laws, as relevant to the building or incidental structure, are prescribed —
(a) an approval required under the
Health (Miscellaneous Provisions) Act 1911 section 107(2)(a) or (b);(b) an approval required under the
Planning and Development Act 2005 ;(c) an approval required under the
Health (Aquatic Facilities) Regulations 2007 Part 2 Division 1;(d) an approval required under the
Local Government (Uniform Local Provisions) Regulations 1996 regulation 12(2);(e) an approval required under the Swan Valley Planning Scheme.
For the purposes of section 59(1)(a)(i) the period for deciding whether or not to grant or modify an occupancy permit or grant a building approval certificate is 10 business days.
(1) In this regulation —
(2) A permit authority may, by written notice, refuse to accept an application made after the expiry day for the occupancy permit or building approval certificate if —
(a) the permit authority is satisfied that the delay in making the application was unreasonable in the circumstances; or
(b) the application is made more than 30 days after the expiry date for the permit.
(3) If an application is made before the expiry day for an occupancy permit or a building approval certificate and has not been determined by the expiry day, the permit or certificate continues to have effect on and from expiry day until —
(a) the permit authority extends or refuses to extend the permit or certificate; or
(b) the applicant withdraws the application; or
(c) a notice of completion in respect of the building to which the permit or certificate relates is given to the permit authority; or
(d) a period of 30 days has elapsed since the expiry of the building permit for the building.
(4) If an application made after the expiry day for an occupancy permit or a building approval certificate is accepted by the permit authority, the permit or certificate is to be taken to have had effect on and from the day immediately following the expiry day until —
(a) the permit authority extends or refuses to extend the permit or certificate; or
(b) the applicant withdraws the application; or
(c) a notice of completion in respect of the building to which the permit or certificate relates is given to the permit authority; or
(d) a period of 30 days has elapsed since the expiry of the building permit for the building.
(5) If a permit authority refuses to extend the time during which an occupancy permit or a building approval certificate has effect or extends the permit or certificate for a shorter period than the period requested by the applicant, the permit authority must —
(a) record the grounds on which the decision is based and the reasons for the decision; and
(b) as soon as is practicable, but in any case not later than 5 business days after making the decision, give to the applicant written notice of the decision together with those grounds and reasons, and the person’s right of review under section 121(2).
Part 6 – Circumstances in which building, demolition or occupancy permits not required
(1) A building permit is not required for the following building work —
(a) building work for a Class 10 building or incidental structure that is located, or to be located, in a local government district specified in column 1 of the Table in the area specified for that district in column 2 of the Table;
(b) building work for a building or incidental structure that is not a Class 10 building or incidental structure and that is located, or to be located, in a local government district specified in column 1 of the Table in the area (if any) specified for that district in column 3 of the Table.
(2) In subregulation (1)(a) and (b) —
(3) A building permit is not required for building work of a kind described in the Table in Schedule 4 clause 2.
(4) A builder who constructs, erects, assembles or places a temporary office, shed or sanitary facility in the circumstances described in item 3 in the Table in Schedule 4 clause 2 must not, without the written approval of the permit authority, allow the office, shed or sanitary facility to remain on the land after the completion of the building work in connection with which it was constructed, erected, assembled or placed.
Penalty: a fine of $5 000.
A demolition permit is not required for the following demolition work —
(a) demolition of a Class 10 building or incidental structure if —
(i) the floor area of the building does not exceed 40 m
2 ; and(ii) the demolition work 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
(iii) the building or incidental structure is not the subject of a protection order, heritage works permit, repair notice or repair order;
(b) demolition work for which a demolition licence was not required under the former provisions if —
(i) the demolition work commenced before commencement day; or
(ii) a contract to do the demolition work was entered into before commencement day.
An occupancy permit is not required for any of the following —
(a) a Class 1 or Class 10 building;
(b) a building mentioned in regulation 41(1)(a) or (b);
(c) 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;
(d) a building 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 for which building work —
(i) commences before 31 December 2012; and
(ii) has, when it commences, an estimated value of less than $100 000;
(e) a building 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 for which building work —
(i) commences before 30 June 2017; and
(ii) has, when it commences, an estimated value of less than $50 000;
(f) a building for which a building licence was not required under the former provisions if —
(i) building work for the building commenced before commencement day; or
(ii) a contract to do the building work was entered into before commencement day.
In this Part —
(a) a reserve as defined in the
Land Administration Act 1997 section 3(1); or(b) a mall reserve as defined in the
Land Administration Act 1997 section 3(1);
For the purposes of Part 6 of the Act, owner, in relation to land held in freehold or held in leasehold under a strata lease, means a person referred to in paragraph (a) or (b) of the definition of
For the purposes of section 76(1)(c) the following encroachments are minor encroachments —
(a) an architectural feature attached to a building if the feature encroaches on a road or a public place by not more than 250 mm;
(b) a window or shutter that —
(i) when open encroaches on a road or a public place; and
(ii) is at least 2.75 m above the surface of the road or the ground level of the public place;
(c) a window shutter that, when fully open, encroaches on a road or a public place by not more than 50 mm.
(1) For the purposes of section 76(1)(e) prescribed circumstances are the placement of an awning, verandah or thing attached to an awning or verandah that encroaches on a road or a public place if the awning, verandah or thing —
(a) is at least 2.75 m above the surface of the road or the ground level of the public place; and
(b) has no supports connecting it to the surface of the road or the public place; and
(c) is constructed in an approved manner.
(2) For the purposes of subregulation (1)(c) an awning, verandah or thing attached to an awning or verandah is constructed in an approved manner if —
(a) the construction —
(i) is development as defined in the
Planning and Development Act 2005 section 4(1); and(ii) is in accordance with the requirements of that Act that applied to the construction at the time of the construction;
or
(b) the construction is in accordance with a local law made under the
Local Government Act 1995 section 9.60 that applied to the construction at the time of the construction.
(1) For the purposes of section 85(1)(b) a notice is to set out the proposed time frame within which the notifiable event may occur (if known).
(2) For the purposes of section 85(1)(j) a notice is to be accompanied by plans and specifications for any work, building or structure that may affect the affected land that contain sufficient detail to show how the notifiable event will affect the land.
(1A) In this regulation —
(a) the technical aspects of the construction of the building or incidental structure set out in the edition of the Building Code that is in effect at the time a written notice is given under subregulation (1); but
(b) does not include the bush fire performance requirements if —
(i) a building or incidental structure is located in a bush fire prone area; and
(ii) at any time during the 4‑month period ending on the day on which the notice is given, the area was not a bush fire prone area.
(1) The owner of an existing building or incidental structure that is of a classification listed in column 2 of an item in the Table must not permanently change the classification of the building or incidental structure to a classification listed in column 3 of that item unless the owner has given written notice to the relevant permit authority at least 10 business days before the proposed change.
1. | Classes 2 to 10 | Class 1 |
2. | Class 1a | Class 1b |
Penalty: a fine of $5 000.
(2) The written notice must include or be accompanied by —
(a) evidence that the building or incidental structure complies with the applicable technical aspects of the construction of a building or incidental structure of that building or incidental structure’s proposed classification; and
(b) if the proposed classification of the building or incidental structure is Class 1 —
(i) a statement about whether the building or incidental structure is located in a bush fire prone area; and
(ii) if the building or incidental structure was located in a bush fire prone area during the whole of the 4‑month period ending on the day on which the notice is given —
(I) the BAL for the building site; or
(II) if another measure has been used to assess compliance with the relevant performance requirement — details of the measure used and the results of that assessment.
(1) In this regulation —
(a) if one or more building permits have been granted in respect of the part — the building standards in the edition of the Building Code identified in the applicable certificate of design compliance for the most recent of those building permits; or
(b) if paragraph (a) does not apply but one or more building licences were issued under the
Local Government (Miscellaneous Provisions) Act 1960 in respect of that part —(i) the building standards in the edition of the Building Code that applied at the time the most recent building licence was issued; or
(ii) if no edition of the Building Code applied at the time the most recent building licence was issued — each requirement in relation to the technical aspects of the construction of the part applicable at that time;
or
(c) otherwise — each requirement in relation to the technical aspects of the construction of the part applicable to the part at the time of its construction;
(a) building fire integrity;
(b) means of egress;
(c) signs;
(d) lighting;
(e) fire fighting services and equipment;
(f) air handing systems;
(g) automatic fire detection and alarm;
(h) occupant warning systems;
(i) lifts;
(j) standby power supply systems;
(k) building clearance and fire appliances;
(l) glazed assemblies, balconies, balustrades, refrigerated chambers, strong rooms, vaults;
(m) bushfire protection measures;
(n) building use and application.
(2) The owner of an existing building that is a Class 2 to Class 9 building must ensure that —
(a) the safety measures in each part of the building are capable of performing to a standard set out in the relevant building standards for the part; and
(b) the mechanical ventilation, hot water, warm water and cooling water systems are adequately maintained to safeguard people from illness or injury; and
(c) the building’s services in each part of the building continue to perform to a standard of energy efficiency that is equal to or greater than the standard in the relevant building standards for the part.
Penalty: a fine of $5 000.
In this Division —
This Division applies in respect of a private swimming pool that is located in a local government district specified in column 1 of the Table in Schedule 5 in the area specified for that district in column 2 of that Table.
(1) This regulation does not apply in respect of a private swimming pool in —
(a) a construction site (as defined in the
Work Health and Safety (General) Regulations 2022 regulation 5) to which theWork Health and Safety (General) Regulations 2022 regulation 298 applies; or(b) a work area to which the
Work Health and Safety (General) Regulations 2022 regulation 306 applies.
(2) Each owner and occupier of premises on which there is a private swimming pool containing water that is more than 300 mm deep must ensure that a pool barrier that restricts access to the pool and complies with the requirements of regulation 50A (and, if applicable, regulation 52) is installed or provided around the pool.
Penalty for this subregulation: a fine of $5 000.
(1) If all or part of a building (other than a Class 10 building) is within the area bounded by a pool barrier, that pool barrier or another pool barrier must restrict access to the pool from the building.
(2) Subject to subregulations (3) and (4), a pool barrier must comply with a Building Code pool barrier requirement that was in effect —
(a) if a building permit applies to the construction of the pool — at or after the time the application for a building permit to construct the pool was made; or
(b) otherwise — at or after the time the construction of the pool commenced.
Note for this subregulation:
See also regulation 15B which modifies AS 1926.1‑2012.
(3) For the purposes of subregulation (2), a performance solution cannot be used to comply with a Building Code pool barrier requirement unless the performance solution is an approved barrier solution.
(4) If the pool is a pre‑May 2016 private swimming pool, the pool barrier need not comply with subregulation (2) if —
(a) it is in accordance with —
(i) the requirements of AS 1926.1‑1993; or
(ii) approved alternative requirements;
and
(b) any wall comprising part of the pool barrier has no means of access to the pool through a building other than —
(i) a window that is in accordance with the requirements of AS 1926.1‑1993; or
(ii) an approved door.
(5) For the purposes of subregulation (4)(a), a boundary fence of the premises that is part of the pool barrier is in accordance with the requirements of clauses 2.3, 2.6 and 2.7 of AS 1926.1‑1993 if all those requirements are satisfied in relation to either side of the fence.
Note for this regulation:
If a wall or any other part of a building is included in a pool barrier, that wall or other part must comply with the requirements of this regulation.
(1) In this regulation —
(2) A permit authority may approve requirements alternative to the requirements of regulation 50A(4)(a)(i) if it is satisfied that the alternative requirements will restrict access to the pool as effectively as if there were compliance with AS 1926.1‑1993.
(3) A permit authority may approve a door for the purposes of regulation 50A(4)(b)(ii) if the door is in accordance with the requirements of AS 1926.l‑1993 and —
(a) in the opinion of the permit authority, a fence or barrier satisfying regulation 50A between the building and the private swimming pool would cause —
(i) a significant problem of a structural nature; or
(ii) a significant problem of any other nature, the cause of which is not within the control of the owner or occupier;
or
(b) the private swimming pool is totally enclosed by a building; or
(c) in the opinion of the permit authority, a fence or barrier satisfying regulation 50A between the building and the private swimming pool would create a significant problem for a person with a disability who is resident at the premises and wishes to have access to the pool.
(4) In deciding whether to give approval under subregulation (3) a permit authority is required to have regard to whether or not a young child resides at the premises.
(5) A permit authority may approve a performance solution to a Building Code pool barrier requirement if the permit authority is satisfied that the performance solution complies with the relevant performance requirement.
(1) This regulation applies to a private swimming pool —
(a) installed before 5 November 2001; or
(b) installed on or after 5 November 2001 in accordance with plans, drawings and specifications submitted to the local government for approval before that day.
(2) For the purposes of regulation 50(2), the immediate surrounds of a private swimming pool to which this regulation applies may include any part of the premises on which the pool is located.
(3) The pool barrier required by regulation 50(2) may include a wall that contains a door permitting access to the pool through a building if that door satisfies the requirements of AS 1926.1‑1993.
(1) The local government for the district in which a private swimming pool containing water that is more than 300 mm deep is located must arrange for an authorised person to inspect the barrier to the private swimming pool on the days and at the intervals described in subregulation (2), for the purpose of monitoring whether regulation 50(2) is being complied with.
(2) For the purposes of subregulation (1), the days and intervals for inspections of a barrier to a private swimming pool are —
(a) if the local government has never arranged for an authorised person to inspect the barrier — a day that is no more than 30 days after the day on which the first of the following occurs —
(i) the local government receives a notice of completion under section 33 stating that the building work in respect of the barrier or the private swimming pool is completed;
(ii) the local government receives details of a notice of completion under section 7(2)(b) indicating that the building work in respect of the barrier or the private swimming pool is completed;
(iii) the local government otherwise becomes aware that it has never arranged for an authorised person to inspect a barrier to the private swimming pool;
and
(b) if the local government has previously arranged for an authorised person to inspect the barrier to a private swimming pool (the
relevant inspection ) —(i) if the authorised person is not satisfied that regulation 50(2) is being complied with — on a day that is within 60 days after the day of the relevant inspection; and
(ii) in any other case — on a day that is within 4 years after the day of the relevant inspection.
Note for this subregulation:
If subregulation (2)(b)(i) applies, the local government must arrange 1 or more further inspections until an authorised person is satisfied that regulation 50(2) is being complied with.
(1) In this regulation —
(2) A local government may fix the charge to be imposed on an owner of land on which there is a private swimming pool containing water that is more than 300 mm deep for an initial inspection, but —
(a) a single charge is to be imposed covering both the initial inspection and any related re‑inspections; and
(b) the amount of the charge must not exceed the lesser of —
(i) the estimated average cost to the local government of carrying out an initial inspection and any related re‑inspections; and
(ii) $312.
(3) A local government may, for a financial year, fix the charge to be imposed on each owner of land on which there is a private swimming pool containing water that is more than 300 mm deep, in respect of the cost in that financial year of carrying out periodic inspections, but —
(a) a single charge is to be imposed in respect of periodic inspections and any related re‑inspections; and
(b) the amount of the charge must not exceed the lesser of —
(i) the estimated average cost to the local government of carrying out periodic inspections and related re‑inspections in that year; and
(ii) $78;
and
(c) the charge is payable by an owner whether or not a periodic inspection is conducted in respect of a pool on that owner’s land in the financial year.
(1) In this regulation —
(2) Each local government must, before 1 August each year, give the Building Commissioner the following information in respect of the immediately preceding reporting period —
(a) the number of swimming pools in respect of which this Division applies that are located in the local government’s district at the end of the reporting period;
(b) the number of swimming pools referred to in paragraph (a) that were inspected by an authorised person during the reporting period at an inspection arranged under regulation 53;
(c) the number of swimming pools referred to in paragraph (a) that, at the end of the reporting period, have not been inspected by an authorised person at an inspection arranged under regulation 53 within the interval specified in regulation 53(2)(b)(ii).
(3) The information referred to in subregulation (2) must be provided to the Building Commissioner electronically.
(1) In this regulation —
(2) A person responsible for work that requires the removal of a fence, wall, gate or other component that is part of a barrier to a private swimming pool must ensure that an alternative barrier that restricts access to the pool and complies with the requirements of regulation 50A (and, if applicable, regulation 52) is installed or provided for any period during which the fence, wall, gate or component is removed.
(1) In this regulation —
(2) A person who, immediately before repeal day, was an authorised person under regulation 5A is to be taken to be an authorised person for the purposes of section 93(2)(d) for the period commencing on repeal day and ending on the earlier of —
(a) the day that is 6 months after repeal day; and
(b) the day on which the person is designated as an authorised person under regulation 4A.
(1) In this Division —
(a) a Class 1 building; or
(b) a unit in a Class 2 building; or
(c) a Class 4 dwelling;
(2) For the purposes of this Division, a smoke alarm —
(a) is connected to the mains power supply if it is electrically connected to a permanent supply of electricity to the dwelling; and
(b) is permanently connected if an electrician would ordinarily be required to connect or disconnect the alarm.
(3) For the purposes of this Division, an owner of a dwelling transfers the ownership of it if —
(a) the owner executes an instrument of transfer or conveyance of the interest in land that entitles the owner to the ownership of the dwelling; and
(b) the person to whom the interest is to be transferred or conveyed obtains possession of the dwelling under or in anticipation of the transfer or conveyance.
(1) If an owner of a dwelling transfers the ownership of it, the owner must, to the extent practicable, ensure that at the time of the transfer —
(a) the dwelling has smoke alarms installed so that the dwelling and the alarms comply with the requirements of regulation 60(2); or
(b) if an approved alternative building solution applies in relation to the dwelling — the solution is in effect.
Penalty for this subregulation: a fine of $5 000.
(2) It is a defence to a charge of an offence under subregulation (1) for the accused to prove that the person to whom the ownership of the dwelling is transferred gave the accused a declaration of intended demolition for the dwelling before the time of the transfer.
(1) If an owner of a dwelling (the
prior owner ) transfers the ownership of it and fails to comply with regulation 56(1), the person to whom the ownership is transferred (thenew owner ) must, within the post‑transfer period, ensure that —(a) the dwelling has smoke alarms installed so that the dwelling and the alarms comply with the requirements of regulation 60(2); or
(b) if an approved alternative building solution applies in relation to the dwelling — the solution is in effect.
Penalty for this subregulation: a fine of $5 000.
(1A) In subregulation (1) —
(a) if the new owner gave the prior owner a declaration of intended demolition for the dwelling before the time of the transfer — the period of 6 months beginning on the transfer day; or
(b) if the new owner did not give the prior owner a declaration of intended demolition for the dwelling before the time of the transfer — the period of 12 months beginning on the transfer day.
(2) If the new owner did not give the prior owner a declaration of intended demolition for the dwelling before the time of the transfer, the new owner may recover, in a court of competent jurisdiction, the reasonable costs of complying with subregulation (1) as a debt due from the prior owner.
(3) It is a defence to a charge of an offence under subregulation (1) for the accused to prove that the dwelling was demolished within the post‑transfer period.
(1) This regulation applies to a dwelling if either or both of the following conditions are satisfied —
(a) the dwelling is rented, or made available for rent, under a residential tenancy agreement;
(b) the dwelling is, or is made available as, short‑term rental accommodation.
(2) The owner of the dwelling must, to the extent practicable, ensure that —
(a) the dwelling has smoke alarms installed so that the dwelling and the alarms comply with the requirements of regulation 60(2); or
(b) if an approved alternative building solution applies in relation to the dwelling — the solution is in effect.
Penalty for this subregulation: a fine of $5 000.
The owner of a dwelling must not make the dwelling available for hire unless —
(a) the dwelling has smoke alarms installed so that the dwelling and the alarms comply with the requirements of regulation 60(2); or
(b) if an approved alternative building solution applies in relation to the dwelling — the solution is in effect.
Penalty: a fine of $5 000.
(1) In this regulation —
(a) in relation to a dwelling the ownership of which is transferred, means the day on which the owner transfers the ownership of the dwelling;
(b) in relation to a dwelling that is rented under a residential tenancy agreement, means the day on which a person is entitled to enter into occupation of the dwelling under the agreement;
(ba) in relation to a dwelling that is short‑term rental accommodation, means the day on which a person is entitled to enter into occupation of the dwelling under a short‑term rental arrangement (as defined in the
Short‑Term Rental Accommodation Act 2024 section 4(1));(c) in relation to a dwelling that is made available for hire, means the day on which the building is hired.
(2) The requirements for the purposes of regulations 56(1)(a), 57(1)(a), 58(a) and 59(a) are that —
(a) the dwelling meets the requirements of the deemed‑to‑satisfy provisions about smoke alarms or smoke hazard management (other than the provisions about evacuation lighting) of the Building Code applicable at the time of installation of the alarms; and
(b) each smoke alarm necessary to meet those requirements —
(i) if an expiry date is provided on the alarm — has not reached that expiry date; or
(ii) if no expiry date is provided on the alarm — was installed less than 10 years before the relevant day;
and
(c) each smoke alarm referred to in paragraph (b) is in working order; and
(d) if a smoke alarm referred to in paragraph (b) was, at the time of its installation, required to be connected to the mains power supply to meet those requirements —
(i) the alarm is permanently connected to the mains power supply; or
(ii) if the alarm is to be installed at a location in the dwelling where there is no hidden space in which to run the necessary electrical wiring and there is no appropriate alternative location — the alarm has a 10 year life battery that cannot be removed; or
(iii) if, in relation to the alarm, the use of a battery powered smoke alarm has been approved under regulation 61 — the alarm has a 10 year life battery that cannot be removed.
(3) For the purposes of subregulation (2)(a), if the dwelling has 2 or more smoke alarms installed and they were not all installed at the same time, the provisions of the Building Code applicable to the dwelling and the alarms are the provisions applicable at the time that the last alarm necessary to meet the requirements referred to in subregulation (2)(a) and (b) was installed.
(4) Despite subregulation (2)(a) a dwelling is not required to meet a provision of the Building Code applicable at the time of installation of the alarms that requires smoke alarms to be interconnected if —
(a) a building licence for the construction, erection, assembly or placement of the dwelling was issued under the
Local Government (Miscellaneous Provisions) Act 1960 before commencement day; or(b) a building permit for the construction, erection, assembly or placement of the dwelling was granted on an application for a building permit made before 1 May 2015; or
(c) a building permit or a building licence was not required for the construction, erection, assembly or placement of the dwelling and the construction, erection, assembly or placement of the dwelling commenced before 1 May 2015.
(1) The local government of the district in which a dwelling is located may approve of the use, in the dwelling or a part of the dwelling, of a battery powered smoke alarm (rather than one that is connected to the mains power supply) if satisfied that, at the time of giving the approval, installing a smoke alarm connected to the mains power supply would involve —
(a) a sufficient problem of a structural nature; or
(b) a sufficient problem of any other nature, the cause of which is not within the control of the owner.
(2) The local government may give its approval in relation to an alarm that was installed before the approval is to be given.
(3) An application for approval must be made in the manner and form approved by the local government, and must include or be accompanied by —
(a) the plans and information required by the local government; and
(b) the fee set by the local government, which cannot exceed $179.40.
(4) The local government is to be taken to have refused approval if it has not made a decision whether to give approval within 35 days after the later of —
(a) the day on which the person made the application for approval; or
(b) the day on which the person complied with a, or the latest, request by the local government for further plans or information.
(1) This regulation applies to a person who is one or more of the following —
(a) the lessor (as defined in the
Residential Tenancies Act 1987 section 3) of a dwelling;(b) the owner of a dwelling that is, or is made available as, short‑term rental accommodation;
(c) the owner of a dwelling that is hired or made available for hire.
(2) The lessor or owner must, to the extent practicable, ensure that each smoke alarm installed in the dwelling is in working order.
Penalty for this subregulation: a fine of $5 000.
(3) If a smoke alarm installed in the dwelling was, at the time of its installation, required to be connected to the mains power supply, the lessor or owner must, to the extent practicable, ensure that the alarm is permanently connected to the mains power supply.
Penalty for this subregulation: a fine of $5 000.
(4) If a smoke alarm installed in the dwelling was, at the time of installation, not required to be connected to the mains power supply, the lessor or owner must, to the extent practicable, ensure that the alarm has a 10 year life battery that cannot be removed.
Penalty for this subregulation: a fine of $5 000.
(5) If an expiry date is provided on a smoke alarm installed in the dwelling, the lessor or owner must, to the extent practicable, ensure that the alarm has not reached that expiry date.
Penalty for this subregulation: a fine of $5 000.
(6) If no expiry date is provided on a smoke alarm installed in the dwelling, the lessor or owner must, to the extent practicable, ensure that the alarm is not more than 10 years old.
Penalty for this subregulation: a fine of $5 000.
(1) The offences specified in Schedule 6 are offences for which an infringement notice may be issued under the
Criminal Procedure Act 2004 Part 2.(2) The modified penalty specified opposite an offence in Schedule 6 is the modified penalty for that offence for the purposes of the
Criminal Procedure Act 2004 section 5(3).
(1A) In subregulation (1) —
(1) A permit authority that is a local government may, in writing, appoint to be an approved officer for the purposes of the
Criminal Procedure Act 2004 section 6(a), a specified employee of the local government.(2) A permit authority that is a local government may, in writing, appoint to be an authorised officer for the purposes of the
Criminal Procedure Act 2004 section 6(b), a person appointed under theLocal Government Act 1995 section 9.10(1) and authorised for the purpose of performing functions under section 9.16 of that Act.(3) A permit authority that is a local government must issue each of its authorised officers a certificate of the person’s appointment, and the person must produce the certificate whenever required to do so by a person who has been or is about to be affected by any exercise of authority by the authorised person.
For the purposes of the
[r. 3]
In this Schedule —
(a) all goods (including manufactured goods forming part of the work); and
(b) labour; and
(c) services necessary; and
(d) fees payable; and
(e) overheads to be met; and
(f) profit margin.
(1) For the purposes of estimating the value of building work —
(a) where the work is to be carried out under a contract and the contract price includes value for at least each of the relevant components — the estimated value of the work is the contract price (including the GST); and
(b) where the work is to be carried out —
(i) other than under a contract; or
(ii) under a contract the contract price for which does not include value for each of the relevant components,
the estimated value of the work is the sum of the value (including the GST) of the relevant components.
(2) If building work includes building work in respect of which a building permit is in effect, the estimated value of the building work is reduced by the estimated value of the building work to which the building permit applies.
The estimated value of unauthorised building work is the sum of the estimated current value (including GST) of the relevant components.
[r. 11]
1. | Certified application for a building permit (s. 16(l)) — | |
(a) for building work for a Class 1 or Class 10 building or incidental structure | 0.19% of the estimated value of the building work as determined by the relevant permit authority, but not less than $110.00 | |
(b) for building work for a Class 2 to Class 9 building or incidental structure | 0.09% of the estimated value of the building work as determined by the relevant permit authority, but not less than $110.00 | |
2. | Uncertified application for a building permit (s. 16(l)) | 0.32% of the estimated value of the building work as determined by the relevant permit authority, but not less than $110.00 |
3. | Application for a demolition permit (s. 16(l)) — | |
(a) for demolition work in respect of a Class 1 or Class 10 building or incidental structure | $110.00 | |
(b) for demolition work in respect of a Class 2 to Class 9 building | $110.00 for each storey of the building | |
4. | Application to extend the time during which a building or demolition permit has effect (s. 32(3)(f)) | $110.00 |
1. | Application for an occupancy permit for a completed building (s. 46) | $110.00 |
2. | Application for an occupancy permit for an incomplete building (s. 47) | $110.00 |
3. | Application for modification of an occupancy permit for additional use of a building on a temporary basis (s. 48) | $110.00 |
4. | Application for a replacement occupancy permit for permanent change of the building’s use or classification (s. 49) | $110.00 |
5. | Application for an occupancy permit for a building in respect of which unauthorised work has been done (s. 51(2)) | 0.18% of the estimated value of the unauthorised work as determined by the relevant permit authority, but not less than $110.00 |
6. | Application for a building approval certificate for a building or an incidental structure in respect of which unauthorised work has been done (s. 51(3)) | 0.38% of the estimated value of the unauthorised work as determined by the relevant permit authority, but not less than $110.00 |
7. | Application to replace an occupancy permit for an existing building (s. 52(1)) | $110.00 |
8. | Application for a building approval certificate for an existing building or an incidental structure where unauthorised work has not been done (s. 52(2)) | $110.00 |
9. | Application to extend the time during which an occupancy permit or building approval certificate has effect (s. 65(3)(a)) | $110.00 |
1. | Application as defined in regulation 31 (for each building standard in respect of which a declaration is sought) | $2 160.15 |
[r. 27]
In this Schedule —
Fire hose reel system required under E1P1 and E1P5 | On completion of the installation of the system |
Fire hydrant system required under E1P3 and E1P5 | On completion of the installation of the system |
Automatic fire suppression system required under E1P4 | On completion of the installation of the system |
Fire detection, warning, control and intercom systems required under E2P1 and E2P2 | On completion of the installation of the system |
Air handling systems that incorporate smoke control provisions required under E2P2 | On completion of the building work |
Smoke/heat venting systems required under E2P2 | On completion of the installation of the system |
Emergency warning and intercom systems required under E4P3 | On completion of the installation of the system |
[r. 41]
Broomehill‑ Tambellup | Whole district other than — (a) townsites; (b) Broomehill Suburban Lots 362, 363, 372 to 423, 427 to 432, 438, 445, 446, 603 to 605, 609 and 610; (c) Lots 17 to 24 being portion of Kojonup Location 256; (d) Kojonup Location 1671; (e) Reserves 8163, 10285, 10431 and 17230; (f) area that was district of Tambellup immediately before 1 July 2008 | |
Bruce Rock | Whole district other than townsites | |
Carnarvon | Gascoyne‑Minilya Ward | |
Corrigin | Whole district other than townsite of Corrigin | |
Cranbrook | Whole district other than townsites | |
Cue | Whole district other than townsites | |
Cunderdin | Whole district other than townsites | |
Dalwallinu | Whole district other than townsites | |
Dandaragan | Whole district other than townsites | |
Derby‑West Kimberley | Whole district other than townsites | |
Dowerin | Whole district other than townsites | |
Dumbleyung | Whole district other than townsites of Dumbleyung, Kukerin | |
Esperance | Whole district other than — (a) townsites; (b) lots measuring 10 ha or less | |
Gnowangerup | Whole district other than townsites | |
Greater Geraldton | Mullewa Ward other than townsites | |
Jerramungup | Areas zoned rural by a local planning scheme | |
Kellerberrin | Whole district other than townsites of Kellerberrin, Doodlakine and Baandee | |
Kent | Whole district other than townsites of Nyabing, Pingrup | Whole district other than townsites of Nyabing, Pingrup |
Kojonup | Whole district other than townsites | |
Koorda | Whole district other than — (a) townsites; (b) Avon location 16386 | |
Lake Grace | Whole district other than townsites | |
Laverton | Whole district other than townsites | |
Leonora | Whole district other than townsites | |
Meekatharra | Whole district other than townsites | Whole district other than townsites |
Menzies | Whole district other than townsites | |
Merredin | Whole district other than townsites of Burracoppin, Hines Hill, Korbel, Merredin, Muntadgin, Nangeenan, Nokaning, Nukarni | |
Mingenew | Whole district other than townsites | |
Moora | Whole district other than townsites | |
Morawa | Whole district other than townsites | |
Mt Marshall | Whole district other than townsites | |
Mt Magnet | Whole district other than townsites | Whole district other than townsites |
Mukinbudin | Whole district other than townsites | |
Murchison | Whole district | Whole district |
Murray | Areas zoned rural by local laws or a local planning scheme | |
Narembeen | Whole district other than townsites | |
Narrogin | Areas zoned for farming purposes by a local planning scheme | |
Nungarin | Whole district other than townsites | |
Perenjori | Whole district other than — (a) townsites; (b) areas subject to local planning schemes | |
Port Hedland | Whole district other than townsites | |
Ravensthorpe | Areas zoned general agricultural by a local planning scheme | |
Sandstone | Whole district other than townsites in Sandstone Ward | Whole district other than Sandstone Ward |
Tammin | Whole district other than townsite of Tammin | |
Three Springs | Whole district other than townsites | |
Trayning | Whole district other than townsites of Trayning, Kununoppin, Yelbeni | Whole district other than townsites of Trayning, Kununoppin, Yelbeni |
Wagin | Whole district other than — (a) townsites in Town Ward; (b) Williams loc. 440, 507, 545, 618, 945, 1165 or 5330 | |
Wandering | Whole district other than — (a) townsite of Wandering; (b) areas zoned rural residential by local laws or a local planning scheme | |
West Arthur | Whole district other than townsites | |
Wickepin | Whole district other than townsites | |
Williams | Whole district other than townsites | |
Wiluna | Whole district other than townsite of Wiluna | |
Wongan‑Ballidu | Whole district other than townsites of Wongan Hills, Ballidu, Cadoux, Kondut, Burakin |
Woodanilling | Whole district other than townsite of Woodanilling | |
Yalgoo | Whole district other than townsites | |
Yilgarn | Whole district other than townsites | Whole district other than townsites |
In this clause —
(a) a Class 1, Class 2 or Class 3 building;
(b) a Class 10a building or deck if the building or deck is associated with a Class 1 building;
(c) a Class 10a building or deck if the building or deck is immediately adjacent or connected to a Class 2 or Class 3 building;
(a) a Class 9b early childhood centre;
(b) a Class 9b primary or secondary school;
(c) a Class 10a building or deck if the building or deck is immediately adjacent or connected to a building referred to in paragraph (a) or (b);
1. | Construction, erection, assembly or placement of a freestanding Class 10a building that — (a) has a floor area not exceeding 10 m (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. |
2. | 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 —
|
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 a protection order, heritage works permit, repair notice or repair order. | |
3. | 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. |
4. | Construction, erection, assembly or placement of a fence, screen or similar structure, other than a fall prevention barrier, 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) 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 —
| |
5. | 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 —
and | |
(c) if not attached to a building, is no more than 3 m in height. | |
6. | 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. |
7. | Construction, erection, assembly or placement of a pergola associated with a Class 1 building that — (a) is no more than 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 m |
8. | Construction, erection, assembly or placement of a water storage tank with a capacity of 5 000 L or less. |
9. | Building work for a park home or annexe as those terms are defined in the |
9A. | Building work for a manufactured home or attachment as those terms are defined in the |
10. | 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. |
11. | 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. |
12. | 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 2017; and (b) has, when it commences, an estimated value of less than $50 000. |
13. | The installation of a roof mounted evaporative cooling unit on a building or incidental structure if — (a) the building or incidental structure is not located in a bush fire prone area; or (b) the building is a Class 4 to Class 9 building (other than a Class 9 vulnerable use building); or (c) the building or incidental structure is located in a bush fire prone area, the BAL for the building site is BAL LOW and the building or structure is not any of the following —
or (d) all of the following apply —
or (e) both of the following apply —
or (f) the building or incidental structure is a Class 10 building or incidental structure other than the following —
|
[r. 49]
Albany | Whole district |
Armadale | Whole district |
Augusta‑Margaret River | Whole district |
Bassendean | Whole district |
Bayswater | Whole district |
Belmont | Whole district |
Beverley | Whole district |
Boddington | All townsites and areas zoned residential, special residential, rural residential or special use by a local planning scheme |
Bridgetown‑Greenbushes | Whole district |
Brookton | Whole district |
Bunbury | Whole district |
Busselton | Whole district |
Cambridge | Whole district |
Canning | Whole district |
Capel | Whole district |
Carnarvon | Whole district |
Chapman Valley | Whole district |
Claremont | Whole district |
Cockburn | Whole district |
Collie | Whole district |
Coorow | Whole district |
Cottesloe | Whole district |
Dardanup | Whole district |
Derby‑West Kimberley | Whole district |
Donnybrook‑Balingup | Whole district |
Dumbleyung | Whole district |
East Fremantle | Whole district |
Esperance | All townsites and lots measuring 10 ha or less |
Fremantle | Whole district |
Gingin | Whole district |
Gosnells | Whole district |
Greater Geraldton | Whole district except areas in Mullewa Ward that are not townsites |
Hall’s Creek | All townsites and area subject to the Shire of Halls Creek local planning scheme |
Harvey | All townsites and area zoned special residential or special rural in the Shire of Harvey local planning scheme |
Jerramungup | Whole district except areas zoned rural by a local planning scheme |
Joondalup | Whole district |
Kalamunda | Whole district |
Kalgoorlie‑Boulder | Whole district |
Katanning | Whole district |
Kellerberrin | Townsites of Kellerberrin, Doodlakine and Baandee |
Kent | Townsites of Nyabing, Pingrup |
Koorda | Whole district |
Kwinana | Whole district |
Mandurah | Whole district |
Manjimup | Whole district |
Melville | Whole district |
Merredin | Townsites of Burracoppin, Hines Hill, Korbel, Merredin, Muntadgin, Nangeenan, Nokaning, Nukarni |
Mingenew | Whole district |
Mosman Park | Whole district |
Mundaring | Whole district |
Murchison | None |
Murray | Whole district |
Nedlands | Whole district |
Northam | Whole district |
Northampton | Whole district |
Peppermint Grove | Whole district |
Perth | Whole district |
Pingelly | Whole district |
Plantagenet | Whole district |
Quairading | Whole district |
Ravensthorpe | Whole district except areas zoned general agricultural by a local planning scheme |
Rockingham | Whole district |
Sandstone | Sandstone Ward |
Serpentine‑Jarrahdale | Whole district |
South Perth | Whole district |
Stirling | Whole district |
Subiaco | Whole district |
Swan | Whole district |
Tammin | Townsite of Tammin |
Trayning | Townsites of Trayning, Kununoppin, Yelbeni |
Victoria Park | Whole district |
Vincent | Whole district |
Wagin | Whole district |
Wandering | Whole district |
Wanneroo | Whole district |
Waroona | Whole district |
West Arthur | Whole district |
Williams | Whole district |
Wiluna | Townsite of Wiluna |
Wongan‑Ballidu | Townsites of Wongan Hills, Ballidu, Cadoux, Kondut, Burakin |
Woodanilling | Whole district |
Wyalkatchem | Whole district |
Wyndham‑East Kimberley | Whole district |
York | Whole district |
All other districts | All townsites |
[r. 69]
s. 33(1) | Failure to give notice of completion | $500 |
s. 34(3) | Failure to give notice of cessation | $250 |
s. 42 | Failure to display or bring attention to occupancy permit details | $250 |
s. 76(1) | Encroachment beyond boundaries without consent, court order or other authority | $2 500 |
s. 80(1) | Removal of fence, gate or other barrier to land without consent, court order or other authority | $1 000 |
s. 80(3) | Failure to erect adequate temporary barrier | $1 000 |
r. 50(2) | Failure to install compliant pool barrier around private swimming pool | $1 000 |
r. 56(1) | Failure to ensure smoke alarms compliant prior to transfer of dwelling | $1 000 |
r. 58 | Failure to ensure smoke alarms compliant prior to tenancy | $1 000 |
r. 59 | Failure to ensure smoke alarms compliant prior to hire of dwelling | $1 000 |
[r. 71]
Infringement notice no. | |||||||
Name | |||||||
Address | |||||||
Date or period | |||||||
Place | |||||||
Written law contravened | |||||||
Details of offence | |||||||
Date of notice | |||||||
Name | |||||||
Office | |||||||
Signature | |||||||
$_____ | |||||||
Individual | $_____ | You do not have to pay this amount. This is the maximum fine that can be imposed if you are prosecuted in a court and convicted of this offence. | |||||
Body corporate | $_____ | ||||||
It is alleged that you have committed the above offence. Paying the modified penalty will not be regarded as an admission for the purposes of any civil or criminal court case. __________________________________ / /20 and post this notice to the Approved Officer at the address below within 28 days after the date of this notice. If you consider that you have good reason to have this notice withdrawn, you can write to the Approved Officer at the address below requesting that this notice be withdrawn and setting out why you consider that this notice should be withdrawn. Your letter must be received not later than 28 days after the date of this notice. | |||||||
By post | Tick the relevant box below and post this notice to: Approved Officer — [ r I want to pay the modified penalty. A cheque or money order (payable to ‘Approved Officer’ — r I want to pay the modified penalty by credit card. Please debit my credit card account. Card type _____________________________ Cardholder name _______________________ Card number [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] Expiry date of card _____/_____ Amount $__________ Signature ____________________ | ||||||
In person | Pay the cashier at: [ | ||||||
Withdrawal no. | |||||
Name | |||||
Address | |||||
Infringement notice no. | |||||
Date of issue | |||||
Date or period | |||||
Place | |||||
Written law contravened | |||||
Details of offence | |||||
Name | |||||
Office | |||||
Signature | |||||
Date of withdrawal | |||||
The above infringement notice issued against you for the above alleged offence has been withdrawn. If you have already paid the modified penalty for the alleged offence, you are entitled to a refund.
Approved Officer — [ | |||||
This is a compilation of the
13 Mar 2012 p. 1055-137 | r. 1 and 2: 13 Mar 2012 (see r. 2(a)); Regulations other than r. 1 and 2: 2 Apr 2012 (see r. 2(b) and | |
15 Jun 2012 p. 2513‑15 | r. 1 and 2: 15 Jun 2012 (see r. 2(a)); Regulations other than r. 1 and 2: 16 Jun 2012 (see r. 2(b)) | |
30 Nov 2012 p. 5782‑3 | r. 1 and 2: 30 Nov 2012 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Dec 2012 (see r. 2(b)) | |
18 Dec 2012 p. 6555-81 | r. 1 and 2: 18 Dec 2012 (see r. 2(a)); Regulations other than r. 1 and 2: 19 Dec 2012 (see r. 2(b) and | |
21 Jun 2013 p. 2445-6 | r. 1 and 2: 21 Jun 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 22 Jun 2013 (see r. 2(b)) | |
20 Aug 2013 p. 3822 | r. 1 and 2: 20 Aug 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 21 Aug 2013 (see r. 2(b) and | |
24 Apr 2014 p. 1135‑41 | r. 1 and 2: 24 Apr 2014 (see r. 2(a)); Regulations other than r. 1 and 2: 25 Apr 2014 (see r. 2(b)) | |
17 Jun 2014 p. 1957‑8 | r. 1 and 2: 17 Jun 2014 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2014 (see r. 2(b)) | |
27 Jun 2014 p. 2308-9 | r. 1 and 2: 27 Jun 2014 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2014 (see r. 2(b)(i)) | |
23 Jun 2015 p. 2161-4 | r. 1 and 2: 23 Jun 2015 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2015 (see r. 2(b)) | |
30 Jun 2015 p. 2328‑9 | r. 1 and 2: 30 Jun 2015 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2015 (see r. 2(b)) | |
15 Sep 2015 p. 3783‑4 | r. 1 and 2: 15 Sep 2015 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Oct 2015 (see r. 2(b)) | |
7 Dec 2015 p. 4897‑901 | r. 1 and 2: 7 Dec 2015 (see r. 2(a)); Regulations other than r. 1 and 2: 8 Dec 2015 (see r. 2(b) and | |
5 Apr 2016 p. 1015‑21 | r. 1 and 2: 5 Apr 2016 (see r. 2(a)); Regulations other than r. 1 and 2: 8 Apr 2016 (see r. 2(b)) | |
15 Apr 2016 p. 1165‑72 | r. 1 and 2: 15 Apr 2016 (see r. 2(a)); Regulations other than r. 1 and 2: 1 May 2016 (see r. 2(b)) | |
3 Jun 2016 p. 1745-73 | 1 Jul 2016 (see r. 2(b)) | |
10 Jan 2017 p. 181-4 | 24 Jan 2017 (see r. 2(b) and | |
7 Feb 2017 p. 1160-2 | r. 1 and 2: 7 Feb 2017 (see r. 2(a)); Regulations other than r. 1 and 2: 8 Feb 2017 (see r. 2(b)) | |
23 Jun 2017 p. 3213‑52 | 1 Jul 2017 (see r. 2(b)) | |
8 Aug 2017 p. 4343‑5 | 9 Aug 2017 (see r. 2(b)) | |
22 Dec 2017 p. 5971‑5 | r. 1 and 2: 22 Dec 2017 (see r. 2(a)); Regulations other than r. 1, 2, 5‑8, 9(2), (3) and (5) and 11: 23 Dec 2017 (see r. 2(c)); r. 5‑8, 9(2), (3) and (5) and 11: 23 Jan 2018 (see r. 2(b)) | |
9 Mar 2018 p. 799‑800 | r. 1 and 2: 9 Mar 2018 (see r. 2(a)); Regulations other than r. 1 and 2: 10 Mar 2018 (see r. 2(b)) | |
5 Oct 2018 p. 4013‑16 | r. 1 and 2: 5 Oct 2018 (see r. 2(a)); Regulations other than r. 1 and 2: 6 Oct 2018 (see r. 2(b)) | |
26 Mar 2019 p. 943‑6 | r. 1 and 2: 26 Mar 2019 (see r. 2(a)); Regulations other than r. 1 and 2: 1 May 2019 (see r. 2(b)) | |
26 Apr 2019 p. 1209-22 | 27 Apr 2019 (see r. 2(b)) | |
18 Jun 2019 p. 2077‑115 | 1 Jul 2019 (see r. 2(b)) | |
2 Aug 2019 p. 2990-1 | r. 1 and 2: 2 Aug 2019 (see r. 2(a)); Regulations other than r. 1 and 2: 3 Aug 2019 (see r. 2(b)) | |
31 Dec 2019 p. 4637-46 | 1 May 2020 (see r. 2(b) and SL 2020/39 cl. 2) | |
SL 2020/11 3 Mar 2020 | r. 1 and 2: 3 Mar 2020 (see r. 2(a)); Regulations other than r. 1 and 2: 4 Mar 2020 (see r. 2(b) and SL 2020/12 r. 7) | |
SL 2020/28 31 Mar 2020 | r. 1 and 2: 31 Mar 2020 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Apr 2020 (see r. 2(b)) | |
SL 2020/46 24 Apr 2020 | r. 1 and 2: 24 Apr 2020 (see r. 2(a)); Regulations other than r. 1 and 2: 25 Apr 2020 (see r. 2(b)) | |
SL 2020/163 25 Sep 2020 | 29 Sep 2020 (see r. 2(b) and SL 2020/159 cl. 2(a)) | |
SL 2020/192 9 Oct 2020 | r. 1 and 2: 9 Oct 2020 (see r. 2(a)); Regulations other than r. 1 and 2: 10 Oct 2020 (see r. 2(b)) | |
SL 2021/42 13 Apr 2021 | r. 1 and 2: 13 Apr 2021 (see r. 2(a)); Regulations other than r. 1 and 2: 1 May 2021 (see r. 2(b)) | |
SL 2021/86 21 Jun 2021 | 1 Jul 2021 (see r. 2(b)) | |
SL 2021/130 16 Jul 2021 | 1 Aug 2021 (see r. 2(b) and SL 2021/124 cl. 2) | |
SL 2022/26 11 Mar 2022 | 31 Mar 2022 (see r. 2(b) and SL 2022/18 cl. 2) | |
SL 2022/162 23 Sep 2022 | r. 1 and 2: 23 Sep 2022 (see r. 2(a)); Regulations other than r. 1 and 2: 1 May 2023 (see r. 2(b)) | |
SL 2023/146 20 Sep 2023 | r. 1 and 2: 20 Sep 2023 (see r. 2(a)); r. 4(1): 21 Sep 2023 (see r. 2(b)); Regulations other than r. 1, 2 and 4(1): 1 Oct 2023 (see r. 2(c)) | |
SL 2023/208 20 Dec 2023 | Pt. 1: 20 Dec 2023 (see r. 2(a)); Pt. 2: 21 Dec 2023 (see r. 2(b)); Regulations other than Pt. 1 and 2: 20 Jun 2024 (see r. 2(c)) | |
SL 2024/49 17 Apr 2024 | r. 1 and 2: 17 Apr 2024 (see r. 2(a)); Regulations other than r. 1 and 2: 18 Apr 2024 (see r. 2(b)) | |
SL 2024/123 26 Jun 2024 | 1 Jul 2024 (see r. 2 and SL 2024/88 cl. 2(a)) | |
SL 2025/34 5 Feb 2025 | r. 1 and 2: 5 Feb 2025 (see r. 2(a)); Regulations other than r. 1 and 2: 6 Feb 2025 (see r. 2(b)) | |
SL 2025/62 16 Apr 2025 | r. 1 and 2: 16 Apr 2025 (see r. 2(a)); Regulations other than r. 1 and 2: 17 Apr 2025 (see r. 2(b)) | |
10 year life battery.................................................................................................... 55(1)
access............................................................................................................................... 48
applicable technical aspects................................................................................. 47(1A)
application........................................................................................................... 31, 40(1)
approved alternative building solution................................................................. 55(1)
approved alternative requirement............................................................................... 48
approved barrier solution................................................................................................ 3
approved door................................................................................................................. 48
architectural feature.................................................................................................... 44A
AS....................................................................................................................................... 3
AS 1926.1-1993............................................................................................................... 3
AS 1926.1-2012............................................................................................................... 3
AS 3959............................................................................................................................. 3
assessment method.......................................................................................................... 3
BAL.................................................................................................................................... 3
builder work...................................................................................................................... 3
Building Code......................................................................................................... 3, 3(1)
Building Code pool barrier requirement...................................................................... 3
building product...................................................................................................... 31J(1)
building site....................................................................................................................... 2
bush fire performance requirement............................................................................... 3
bush fire prone area......................................................................................................... 3
bush fire standard............................................................................................ 31BA(1A)
business day...................................................................................................................... 3
C1V3.................................................................................................................................. 3
Class................................................................................................................................... 3
Class 9 vulnerable use building..................................................................................... 3
CodeMark certificate.............................................................................................. 31J(1)
commencement date.......................................................................................... 31HA(1)
commencement day....................................................................................... 3, 31HB(1)
debris criteria...................................................................................................... 31HA(1)
decision...................................................................................................................... 33(1)
declaration of intended demolition........................................................................ 55(1)
deemed-to-satisfy solution............................................................................................. 3
dwelling...................................................................................................................... 55(1)
earlier edition......................................................................................... 31A(4), 31IA(5)
early childhood centre..................................................................................................... 3
electrician................................................................................................................... 55(1)
EP...................................................................................................................... Sch. 3 cl. 1
estimated value................................................................................................................. 3
excluded building work.................................................................................. 31BA(1A)
exempt remedial work....................................................................................... 31HA(1)
existing building or incidental structure......................................................... 31HA(1)
expiry day...................................................................................................... 23(1), 40(1)
external wall........................................................................................................ 31HA(1)
fall prevention barrier.................................................................................... Sch. 4 cl. 2
fence................................................................................................................. Sch. 4 cl. 2
FES Commissioner.......................................................................................................... 3
fire resistance performance requirement...................................................................... 3
former provisions............................................................................................................. 3
GST................................................................................................................... Sch. 1 cl. 1
heritage works permit...................................................................................................... 3
initial inspection.................................................................................................... 53A(1)
item 13(d) building or incidental structure................................................ Sch. 4 cl. 2
item 13(e) building or incidental structure................................................ Sch. 4 cl. 2
local planning scheme................................................................................... 3, 31HB(1)
managed reserve.................................................................................................... 10(1A)
management body.................................................................................................. 10(1A)
new owner.................................................................................................................. 57(1)
non-combustible external wall......................................................................... 31HA(1)
owner........................................................................................................... 10(2A), 55(1)
performance requirement................................................................................................ 3
performance solution....................................................................................................... 3
pergola.............................................................................................................. Sch. 4 cl. 2
periodic inspection................................................................................................ 53A(1)
permit authority..................................................................................................... 14A(1)
person responsible................................................................................................. 54A(1)
person with a disability............................................................................................ 51(1)
post-transfer period............................................................................................... 57(1A)
pre-May 2016 private swimming pool ........................................................................ 3
primary or secondary school.......................................................................................... 3
prior owner................................................................................................................ 57(1)
private swimming pool................................................................................................... 3
protection order................................................................................................................ 3
public place.................................................................................................................. 44A
regulation 5A............................................................................................................. 54(1)
re-inspection........................................................................................................... 53A(1)
relevant building.................................................................................... 31BA(1A), 31D
relevant building standards.................................................................................. 48A(1)
relevant components...................................................................................... Sch. 1 cl. 1
relevant day............................................................................................................... 60(1)
relevant edition of the Building Code.......................................................................... 3
relevant inspection.................................................................................................... 53(2)
remedial work..................................................................................................... 31HA(1)
renovation, alteration, extension, improvement or repair......................... 31BA(1A)
repair notice...................................................................................................................... 3
repair order........................................................................................................................ 3
repeal day................................................................................................................... 54(1)
reporting period...................................................................................................... 53B(1)
residential tenancy agreement................................................................................ 55(1)
road................................................................................................................ 10(1A), 44A
safety measures...................................................................................................... 48A(1)
section................................................................................................................................ 3
short-term rental accommodation.......................................................................... 55(1)
sole-occupancy unit......................................................................................................... 3
specified employee................................................................................................ 70(1A)
specified Part 8 provisions..................................................................................... 4A(1)
Statistician............................................................................................................... 14A(1)
strata leasehold estate........................................................................................... 10(1A)
Swan Valley Planning Scheme...................................................................................... 3
swimming pool................................................................................................................. 3
Table........................................................................................................................... 41(2)
townsite.............................................................................................................................. 3
transfer day................................................................................................................ 55(1)
unit.............................................................................................................................. 55(1)
work......................................................................................................................... 54A(1)
WorkSafe Commissioner..................................................................................... 14A(1)
young child..................................................................................................................... 48
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