» What are building permits
» What are occupancy permits?
» Why obtain a building permit?
» How do I apply for a building permit?
» How do I obtain a building permit for prescribed places of entertainment and temporary structures?
» Why do I have to protect adjoining property?
What are building permits?
Building permits are the documents that signify that a building surveyor has approved documentation for proposed building work prior to its commencement. The Building Act 1993 and Building (Interim)Regulations 2005 legislate that most building work is subject to the issuing of a building permit. This includes most alterations, demolitions and removals.
Undertaking building work without obtaining the necessary building permit is a serious offence and can result in severe penalties. The Building Act prescribes a penalty of $10,000 for any persons who carry out work without a permit.
Building permits are a system of control on construction of building work. They establish, maintain and improve standards for the construction and maintenance of buildings. Permits also enhance the amenity of buildings and protect people using them.
What are occupancy permits?
Occupancy permits are issued at the completion of a building or renovating project following an inspection by a building surveyor.
An occupancy permit is issued when a building is 'suitable to occupy' from a safety point of view. It is not a statement that all the building work is necessarily complete. Nor is it a certificate that states that all building work complies with the relevant legislation.
An occupancy permit is only issued when every item that can affect safety is in place and fully operational, such as the water supply; smoke alarms, alarm systems, handrails and balustrades. It does not mean that all the painting is done, that the carpet is laid or that all the fittings are installed. All of that may be weeks or even months away.
Why obtain a building permit?
There are many good reasons for having a building permit. The building permit ensures:
- The required building practitioners are registered and carry the required insurance
- Adequate documentation is prepared to construct your building or extension/alteration
- Independent review of building documentation occurs
- Key stages of the work are independently inspected
- Your building is independently assessed as suitable for occupation.
How do I apply for a building permit?
An application for a building permit may be made to a municipal or private building surveyor. Some municipal building surveyors issue permits outside their municipal district, whereas a private building surveyor will issue a permit in any municipality.
Applying for a permit is easy. Simply
- Apply for a building permit through your municipal or private building surveyor. (To search for a building surveyor in your area Click here.)
- Check the competency of the building surveyor and the fees applicable for issuing the permit and carrying out the inspections
- And pay the appropriate fee and submit at least three copies of drawings, specifications and allotment plans with the completed application form.
A Certificate of compliance - design (Form 13) and Certificate of compliance - inspection (Form 14) are available for downloading.
Building permits for prescribed places of entertainment and temporary structures
Applications for building permits and occupancy permits must be made to the Commission for places of public entertainment and temporary structures prescribed in the Building (Interim) Regulations 2005. The Commission can issue, amend or cancel these permits. For more information regarding this procedure please contact the Building Commission on 1300 360 380.
Why protect adjoining property?
Building work can adversely affect adjoining properties. An owner who is proposing building work has obligations under the Building Act 1993 to protect adjoining property from potential damage from this work.
If building work is close to or adjacent to adjoining property boundaries, then an owner may be required to carry out protection works in respect of that adjoining property. This is to ensure that the adjoining property is not affected or damaged by the proposed building work.
How do you know if protection work is required?
When making an application for a building permit for the proposed works, the applicant (the building owner or agent of owner) is required to provide detailed information to the relevant building surveyor to determine whether protection work is necessary. The relevant building surveyor is the person appointed to issue the building permit.
The responsibility for determining whether protection work is required rests with the relevant building surveyor.
What obligations does a property owner have if protection work is required?
Owners are required to:
- Serve Protection Work Notice on adjoining owner
- Obtain contract of insurance
- Prepare a survey of adjoining property
- Pay expenses incurred.
What obligations and rights does an adjoining owner have?
Their obligations and rights include the following:
- Respond to the Protection Work Notice within 14 days
- Agree or disagree to proposed work or request further information
- Assist property owner prepare survey of their property before work commences
- Seek reimbursement from property owner for any reasonable expenses incurred while protecting their interests.
All questions on specific obligations and rights should be directed to the relevant building surveyor.
