
Western Australia is preparing for the introduction of the Building Act 2011, which aims to speed up the process of beginning work on building sites.

Western Australia is preparing for the introduction early next month of the Building Act 2011 which passed through parliament last year.
The Building Act 2011 was designed to help speed up the process of beginning work on building sites. Among the changes are new allowances for private sector registered building surveyors – under the previous legislation, applicants were required to consult with their local government to obtain registered building surveyors. Builders will now be able to choose between the alternatives.
Buildings categorised as Class 1 (i.e. houses) and 10 in the National Construction Code will still require the local council to designate a registered building surveyor to sign a certificate of design compliance. Buildings, structures or sites in Classes 2 to 9 are permitted to have their certificate of design compliance certified privately.
Permit Authorities will also now be subject to a mandatory deadline for returning their verdict on building site permit applications.
Occupancy permits
Builders also need to be aware of occupancy permits. Occupying a building under the Building Act 2011 without an occupancy permit is an offense. These permits will apply to only Class 2 to 9 buildings, and will come in to place in situations including, but not limited to, occupancy of a completed building, short term change of use, temporary or staged occupation of an incomplete building, and short term use of transient buildings.
The reforms are aimed at bringing Western Australian property development laws into line with other Australian states and modernising the industry.
Scheduled to come in to effect on April 2, the new act supersedes the Local Government (Miscellaneous Provisions) Act 1960, and the Building Regulations 1989 act.
The newfound freedom for both applicants and local governments in the permit process has been met with widespread relief within the building industry; however, the changes have raised fears that the more open structure may dilute the system of checks and balances currently in place.
Some building sites under the new act will be exempt from needing a permit. Building surveying consultant group HENDRY said buildings and structures exempt from the need to acquire a building permit from a Permit Authority still had to comply with building standards.
“Irrespective of the above buildings and structures that are exempted from the need to obtain building, occupancy and demolition permits from a Permit Authority, it is a requirement of the Building Act 2011 that the exempt structure still ‘…complies, when completed, with each building standard that applies to the building or incidental structure’ as per section 37(2) of the Building Act 2011,” the HENDRY website said.