Planning and building
TOWN PLANNING IN THE SHIRE OF CARNAMAH
Shire of Carnamah Local Planning Scheme No.2 (Planning Scheme) comprises of the Scheme Text, Scheme Map and Planning Policies is the statutory document that controls the use and development of land within the Shire of Carnamah.
Scheme Texts and Maps
The Planning Scheme maps show the classification of land (either as a reserve or a particular zone) within the Shire. The Planning Scheme text prescribes the land uses which may or may not be permitted in the various zones via the Zoning Tables.
The Shire of Carnamah planning information can be found online as follows: https://www.wa.gov.au/government/document-collections/shire-of-carnamah-planning-information
PlanWA interactive map
PlanWA is a public mapping tool that provides access to planning, land and heritage data across Western Australia.
Visit the PlanWA website https://www.dplh.wa.gov.au/planwa for more information.
If you are a developer or owner-builder, there are important Commonwealth telecommunications rules you need to comply with. For more information visit www.infrastructure.gov.au/tind
The following are links relating to Town Planning in the Shire of Carnamah:
Planning Application Form
Development Application Guide
Development Application Checklist
Development Assessment Panel
Subdivision Clearances Checklist
When Planning Approval Is Not Required
BUILDING
It’s important to consult with the Shire of Carnamah to ensure you obtain correct advice about the plans and processes you need to follow prior to lodging a permit application.
Building Permits
In Western Australia, building legislation is governed by the Building Act 2011(the Act) and the Building Regulations 2012 (the Regulations). The Act and the Regulations define what is building work and stipulate when a building permit is required and the process for obtaining a building permit.
The Shire utilise the professional building staff of a nearby local government. Please contact the Shire on (08) 9951 7000 for more information.
The minimum standards required for all construction in Western Australia are set out in the National Construction Code of Australia (NCC) and the associated Australian Standards. All building applications must demonstrate compliance with the NCC.
Building applications – certified or uncertified?
When you apply for a building permit, your application will either be certified or uncertified. Certified applications are those which have been assessed by a Building Surveyor for compliance with the Standards prior to applying. Whereas the Shire’s consultant Building Surveyor will assess uncertified applications as part of the permit process. Uncertified applications are only able to be submitted for a Class 1a or Class 10 application.
In either case, a signed certificate of design compliance (CDC) is required before approval can be given. A CDC confirms that a building’s design complies with the applicable building standards. Once submitted, the Shire has 10 business days to determine a certified application and 25 business days to determine an uncertified application. If an application is missing information or is incomplete, the Shire can ‘stop the clock’ until it is satisfied that all information and details have been provided.
A certified application is where you engage a registered building surveyor to assess your proposal and complete a Certificate of Design Compliance (CDC) before the application for a building permit is submitted. The CDC will need to accompany the application for a building permit certified Form BA1. If all other required approvals have been obtained, the Shire has 10 business days to determine your application.
Applications over $20,000 in value require a registered builder or owner builder approval. If you are considering becoming an owner builder, you will need to seek approval from the Building Commission. Download the application form here.
Your certifier (building surveyor) will provide you with the required plans and specifications; this is what you then submit to the Shire.
It is the responsibility of your building surveyor to have all of the required certified plans provided to you for submission. All questions relating to the approved plans should be directed to your building surveyor in the first instance. The Shire, as the local permit authority, is only responsible for the issuing of the building permit for the building works.
Building permits fall into two categories:
Category 1 – Certified Applications – must be accompanied by a Certificate of Design Compliance, certified by a registered building surveyor (in private practice). The Certificate of Design Compliance must be completed prior to the lodgement of a certified permit application.
Category 2 – Uncertified Building Application (Class 1a – single residential housing and Classes 10a and 10b- non-habitable buildings, fences, retaining or free-standing walls, swimming pools, private garages and sheds). For this category the permit authority (Shire of Carnamah) will arrange for a registered building surveyor to sign a certificate of design compliance.
An uncertified application can only be lodged for Class 1a and Class 10 buildings using a Form BA2. Once your application is submitted the Shire needs to assess compliance with the Building Code of Australia and complete the relevant certification (CDC) before it can grant a building permit. The Shire has 25 business days to approve or reject your application. For a timely approval it is important to ensure plans and specifications submitted with your application demonstrate compliance with the National Construction Code of Australia and all other relevant approvals have been obtained before your application is submitted.
Applications over $20,000 in value require a registered builder or an owner builder approval. If you are considering becoming an owner builder, you will need to seek approval from the Building Commission. Download the application form here.
Copies of the following should accompany your application form:
- Site plan, floor plan & elevation to scale and dimensional;
- Structural plans to scale and dimensional;
- Electrical & plumbing layouts;
- Footing designs;
- Engineers report;
- Site/soil classification;
- Energy efficiency rating (Class 1a only);
- Method of termite treatment; and
- All technical certificates ie: engineers certificate.
You may also need to supply:
- Housing indemnity insurance (HID) where over $20,000 and registered builder engaged;
- Bushfire Attack Level (BAL) assessment;
- Sheds, garages, water tanks and swimming pools/spas can be included within the application if details are provided; and
- Shire Planning and Health approval.
Building classes
| Class | Description |
| Class 1 | One or more buildings which in association constitute –
Class 1a – a single dwelling being |
| Class 2 | A building containing 2 or more sole-occupancy units each being a separate dwelling |
| Class 3 | A residential building, other than a building of class 1 or 2, which is a common place of long term or transient living for a number of unrelated persons, including-
(a) a boarding-house, guest house, hostel, lodging-house or backpackers accommodation; |
| Class 4 | A dwelling in a building that is Class 5, 6, 7, 8 or 9 if it is the only dwelling in the building |
| Class 5 | An office building used for professional or commercial purposes, excluding buildings of Class 6, 7, 8 or 9 |
| Class 6 | A shop or other building for the sale of goods by retail or the supply of services direct to the public, including (a) an eating room, cafe, restaurant, milk or soft-drink bar; (b) a dining room, bar, shop or kiosk part of a hotel or motel; (c) a hairdresser’s or barber’s shop, public laundry, or undertaker’s establishment; or (d) market or sale room, showroom, or service station |
| Class 7 | A building which is – (a) Class 7a – a car park; or (b) Class 7b – for storage, or display of goods or produce for sale by wholesale |
| Class 8 | A laboratory, or a building in which a handicraft or process for the production, assembling, altering, repairing, packing, finishing, or cleaning of goods or produce is carried on for trade, sale, or gain |
| Class 9 | A building of a public nature – (a) Class 9a – a health-care building, including those parts of the building set aside as a laboratory or (b) Class 9b – an assembly building, including a trade workshop, laboratory or the like in a primary or secondary school, but excluding any other parts of the building that are of another Class or (c) Class 9c – an aged care building |
| Class 10 | A non-habitable building or structure – (a) Class 10a – a non-habitable building being a private garage, carport, shed, or the like or (b) Class 10b – a structure being a fence, mast, antenna, retaining or free-standing wall, swimming pool, or the like (c) Class 10c – a private bushfire shelter |
Building permit – renovations
A building permit is required for any proposed building work to any existing building except those exempt under Clause 2 of Schedule 4 of the Regulations. Application for a building permit is via Form BA1 for a certified application or Form BA2 for an uncertified application.
If the proposed building works are likely to adversely affect adjoining land or building beyond the boundaries of the building envelope, a Form BA20 or Form BA20a must be submitted with the application. Upon completion of the building, the builder must notify the Shire within seven days of completion by lodging a Form BA7.
If the person/company nominated as the builder on the permit ceases or fails to compete the works, they must notify the Shire within seven days of the cessation of works by submitting a Form BA8.
Convert a class 10a to class 1a
If you wish to convert a shed (Class 10a) to a dwelling (Class 1a) you must obtain a building permit. You may choose to engage a registered building surveyor for a certified application or complete an uncertified application.
All requirements of a normal building permit application still apply, but you will also be required to engage an engineer to assess the building’s suitability for conversion to a Class 1a building.
A demolition permit is required for any demolition work, either a full building or part of a building. A Building Approval Certificate is issued when an occupancy permit is not applicable for class 1 and 10buildings or incidental structures. It provides certainty that a building or incidental structure meets the relevant requirements. A Building Approval Certificate can also be used to retrospectively approve unauthorised work, and for registration of strata title plans.
Demolition permits
A demolition permit is required for any class 1-9 building.
For a class 10 building such as a shed, a permit is required when the floor area is above 40m2 or demolition is likely to affect the safety and health of the occupants, surrounding users, incidental structures, the public, or is subject to an order.
Application for a demolition permit is via Form BA5. You will need to include a copy of a site plan clearly indicating the building/s to be demolished and the structures to be retained. A minimum of three (3) photos of the existing building should be supplied for historical purposes.
If the proposed demolition works are likely to adversely affect adjoining land or buildings beyond the boundaries of the demolition site, a Form BA20 (completed and signed by the affected adjoining land owners) must be submitted with the demolition application. Should the affected adjoining land owner refuse to grant their consent, a Court Order to carry out the proposed works must be obtained and a copy provided with the application.
Upon completion of the works, the demolition contractor must notify the Shire within seven days of completion by lodging a Form BA7.
If the person / contractor who has been issued the Demolition Permit ceases or fails to complete the works, they must notify the Shire within seven days of the cessation of works by submitting a Form BA8.
It is required that all buildings to be demolished are rat baited. There are also specific requirements with regards to the demolition of buildings containing asbestos products, and buildings connected to on-site effluent disposal systems (septic tanks).
In addition, other authorities are to be notified of the proposed demolition works. These authorities include but are not limited to Water Corporation, Western Power, Telstra, Worksafe and Heritage Council of WA.
Minimum plan requirements
Please ensure your application is complete to avoid delays. It is essential that the plans submitted to us comply with the National Construction Code (NCC).
The application for a building permit requires the following:
- one copy of a site plan drawn to a scale of not less than 1:200. The site plan should include contours if available, be fully dimensioned and indicate the proposed setbacks from boundaries;
- one copy of working drawings drawn to a scale of not less than 1:100 including elevations, cross section of building and floor plans;
- one copy of engineer’s details signed by the design engineer. These may include, amongst other things, footing and slab information, structural columns and beams information, retaining wall information, site classification reports and specially design features;
- two copies of specifications;
- the location of hardwired smoke alarms;
- termite treatment details;
- a completed building permit application form: BA1 or BA2; and
- the application form must indicate the estimated construction value at current market rates and the name and registration number of the builder.
Building work over the value of $20,000 can only be carried out by a registered building contractor or an approved owner builder. The Building Services Board registers builders and grants owner builder approvals under the Building Services (Registration) Act 2011. The Building Commission administers the approvals and process.
All fees must be paid at time of lodging the building application.
Safety barriers for pools & spas
Drowning is the biggest single cause of accidental death among children under five years of age. It causes three out of four fatalities in Australia in this age group, and these occur mainly in private swimming pools. In 1992, the State Government established compulsory standards for pool security, which requires local governments to inspect all private swimming pools when they are installed. Inspections are then repeated at least once every four years.
Safety barriers are required to restrict children from unsupervised access to a pool or spa from both off the property and from inside buildings on the property.
On 1 May 2016, changes to the rules for pools and spas came into effect. From 1 May 2016, pools will be required to comply with the Regulations and Building Code of Australia (BCA), which references Australian Standard AS 1926.1-2012 and Australian Standard AS 1926.2-2007 (incorporating Amendments numbers 1 and 2).
Prior to 1 May 2016, pools and spas will be required to have barriers which comply with Regulations and Australian Standard AS 1926.1-1993 (incorporating Amendment number 1 only) as the minimum standard for swimming and spa pool fencing (existing requirements – no change).
For further information, follow the link to the Building Commission website by clicking here.
Download – Factsheet: Building permits for private swimming pools and pool fences
Initial inspections of safety barriers to private swimming pools
What is a swimming pool?
Swimming pool means any excavation or structure containing water more than 300mm deep and principally used, or designed, manufactured or adapted to be principally used for swimming, wading, paddling, or the like, including a bathing or wading pool, or spa.
New pools and spas
You are required to obtain a building permit from the Shire for the installation of a swimming pool or spa which is a class 10b structure along with a safety barrier. A certified or uncertified application may be made. The approval must be obtained prior to installing or constructing the swimming pool or spa and the safety barrier must be inspected by the Shire prior to the pool or spa being filled.
Existing pools and spas
Each owner and occupier of premises on which there is a private swimming pool or spa installed must ensure that there is an appropriate and compliant safety barrier around the pool. Maintenance of the safety barrier must be undertaken to ensure it is compliant upon inspection by the Shire. Inspections must be conducted once every four years or inspectors can visit if there is a suspected breach
Owners and occupiers face a maximum penalty of $5,000.00 for non compliance.
Unauthourised buildings
Under section 9 of the Building Act, it is an offence to commence building work unless a building permit is in place. Any building or structure which is not exempt under Clause 2 of Schedule 4 of the Regulations, that has been constructed, structurally altered or extended without a building permit is classed as an unauthourised structure and may be considered a prosecutable offence under the Act.
Should you wish to legitimise an unauthourised structure, you will be required to engage a private building surveyor to assess the building and to recommend any works necessary to meet National Contruction Code standards. Building permits may be required for any remedial works. Your building surveyor will guide you through the process and once satisfied, will issue you with a Certificate of Building Compliance. You can then apply to the Shire for a building approval certificate.
For a list of registered Building Surveyors, visit the Building Commission website.
Owner Builders
An owner-builder approval must be obtained through the Building Services Board before you can apply for a building permit from the Shire. You will be allowed to take out a building permit once every six years. The restriction from selling as an owner-builder within three years no longer applies.
Notice of Completion
The Building Act 2011 (for all classes of building) requires that the builder must submit a Notice of Completion within 7 days of finishing the work listed under a Permit. The purpose of this notice is to establish an end date for the Building Permit, for compliance and record keeping purposes. It also defines the date that the builder has fulfilled compliance obligations under the Building Act 2011.
Crossovers
A crossover is the vehicular access to your property from the road. It is the section of your driveway between your property boundary and the road. Installation, maintenance and repairs of the crossover are the responsibility of the property owner and may be liable for any damage caused to the road, kerb or footpath by way of vehicle access to the property during the construction of the crossover. All buildings and developments approved within the Shire are required to have a crossover constructed. The crossover must also be constructed to the required specifications set by Council.
Building applications and forms
- Building permit search request
- Form BA1 – Application for building permit – certified
- Form BA2 – Application for building permit – uncertified
- Form BA20 – Notice and request for consent to encroach or adversely affect
- Form BA20a – Notice and request for consent – protection structures, party walls, removal of fences, access to land
- Form BA22 – Application to extend time – building or demolition permit
- Form BA5 – Application for demolition permit
- Form BA7 – Notice of completion
- Form BA8 – Notice of cessation
- Owner Builder application form
Building permit search form
When a building permit is granted by the Shire, all of the information provided during the application process is maintained on record. This information is also provided to the owner of the property, which is often misplaced, either by accident or if there is a transfer of ownership
If you are the owner of a property, or have the written consent of the owner, the Shire can provide you with all building permits relevant to that property. This will incur a fee of $82 for per residential property and $153 per commercial property.
Click here for the building permit search form (printable) or (fillable).
Once the search form is received and verified, the Shire has ten working days to provide the permits for the property.
Bush fire assessments
If you plan to build a residential building in a bushfire prone area you will be required to have an assessor determine the intensity of a bushfire attack on your proposed building, known as a Bushfire Attack Level (BAL) assessment. This will then determine the construction requirements appropriate for your proposed building. All buildings proposed in bushfire prone areas need to meet the provisions of Australian Standards 3959 as amended.
Further information on changes to requirements in designated bush fire prone areas in Western Australia, including publications available for download, are available on the Building in designated bush fire prone areas webpage on the Building Commission website. The Map of Bush Fire Prone Areas is available to view on the Department of Fire and Emergency Services website.