Building Services 

Before any land development can begin, individuals and businesses must submit details of their proposed project and intended land use to the Shire or Council for assessment. This review ensures the proposal complies with WA State and Local Government requirements. The assessment considers a range of factors, including potential impacts on neighbouring properties, compatibility with the surrounding streetscape, structural integrity, public safety, and measures to reduce fire risk and fire spread.

In most cases, two separate approvals are required before construction work can commence: development approval and building approval. These are administered under different approval systems and obtaining one does not automatically satisfy the requirements of the other. Unless an exemption applies, development approval must be granted before progressing to the building approval stage. More information about obtaining planning approval can be found on the Town Planning Page.

The Shire of Cuballing employ a Building Surveyor to process any Building queries, applications, etc. His details are below:

Name: Tim Jurmann

Mobile Number: 0448 014 022

Email Address: ehobs@cuballing.wa.gov.au

Building Permit Applications, Building Approvals and Certificates 

A building approval/permit is an official, written authorisation from a local government authority or a registered building surveyor that grants you legal permission to commence construction, renovation, or demolition work. It ensures your project complies with structural, health, and safety standards. Unlike planning or development approval, building approval decisions are not based on Council policy considerations or neighbourhood planning objectives. Instead, applications are evaluated for technical compliance with the National Construction Code (NCC) by an accredited building surveyor. As mentioned above, the Building surveyor at the Shire of Cuballing is Tim Jurmann.

Building approvals can come in the following forms:

  • BA4 Building Permit
  • BA6 Demolition Permit
  • BA10 Occupancy Permit
  • BA14 Building Approval Certificate

Applications may be lodged by any party involved in the project, provided the required signatures from both the property owner and the builder are included. In most circumstances, the applicant will either be the owner or the contracted builder.

Building Classes 

Building classifications are referenced in Section A of the Governing Requirements, Part A6 of the NCC.

Building classifications are labelled ‘Class 1’ through to ‘Class 10’. Some classifications also have sub-classifications, referred to by a letter after the number (e.g. Class 1a).

A building may have parts with different uses. In most cases, each of these parts are classified separately.

A building (or part of a building) may also have more than one use and may be assigned more than one classification.

Class 1

Class 1 buildings are houses. Typically, they are standalone single dwellings of a domestic or residential nature.

These buildings can also be horizontally attached to other Class 1 buildings. 

When attached they are commonly referred to as duplexes, terrace houses, row houses and town houses. In these situations, they must be separated by a wall with fire-resisting and sound insulation properties.

The Class 1 classification includes 2 sub-classifications: Class 1a and Class 1b.

  • Class 1a building is a single dwelling being a detached house; or one of a group of attached dwellings being a town house, row house or the like. 
  • Class 1b building is a boarding house, guest house or hostel that has a floor area less than 300 m2and ordinarily has less than 12 people living in it. It can also be 4 or more single dwellings located on one allotment which are used for short-term holiday accommodation.
Class 2 Class 2 buildings are apartment buildings. They are typically multi-unit residential buildings where people live above and below each other. The NCC describes the space considered as an apartment as a sole-occupancy unit (SOU). A sole-occupancy unit (SOU) is defined in the NCC. It’s a part of a building for occupation by an owner/s, lessee, or tenant, to the exclusion of any other owner/s, lessee, or tenant. Put simply, it’s a space with an exclusive use in a building. Class 2 buildings may also be single storey attached dwellings with a common space below. For example, 2 dwellings above a common basement or carpark.
Class 3

Class 3 applies to residential buildings other than Class 1 or Class 2 buildings, or a Class 4 part of a building. Class 3 buildings are a common place of long term or transient living for a number of unrelated people. Examples include a boarding house, guest house, hostel or backpackers (that are larger than the limits for a Class 1b building). Class 3 buildings could also include dormitory style accommodation, or workers’ quarters for shearers or fruit pickers. Class 3 buildings may also be ‘care-type’ facilities such as accommodation buildings for children, the elderly, or people with disability, which are not Class 9 buildings.

Class 4

A Class 4 part of a building is a sole dwelling or residence within a building of a non-residential nature. An example of a Class 4 part of a building would be a caretaker’s residence in a storage facility. A Class 4 part can only be located in a Class 5 to 9 building.

Class 5

Class 5 buildings are office buildings used for professional or commercial purposes.Examples of Class 5 buildings are offices for lawyers, accountants, government agencies and architects.

Class 6 Class 6 buildings are typically shops, restaurants and cafés. They are a place for the sale of retail goods, or the supply of services direct to the public. Examples include, A Bar, hairdresser or Barber shop, public laundry, a shopping centre, etc.
Class 7

Class 7 buildings are storage-type buildings. The Class 7 classification has 2 sub-classifications: Class 7a and Class 7b.

  • Class 7a buildingsare carparks. 
  • Class 7bbuildings are typically warehouses, storage buildings or buildings for the display of goods (or produce) for wholesale.
Class 8

A factory is the most common way to describe a Class 8 building. It’s a building in which a process (or handicraft) is carried out for trade, sale, or gain. 

The building can be used for production, assembling, altering, repairing, finishing, packing, or cleaning of goods or produce. It includes buildings such as a mechanic’s workshop. It may also be a building for food processing, such as an abattoir.
Class 9

Class 9 buildings are buildings of a public nature. The Class 9 classification has 3 sub-classifications: Class 9a, Class 9b and Class 9c.

  • Class 9a buildings are generally hospitals, referred to as health-care buildings in the NCC. They are buildings in which occupants or patients undergo medical treatment and may need physical assistance to evacuate in the case of an emergency. This includes a clinic (or day surgery) where the effects of the treatment administered involve patients becoming unconscious or unable to move. This in turn requires supervised medical care (on the premises) for some time after treatment has been administered.
  • Class 9b buildings are assembly buildings in which people may gather for social, theatrical, political, religious or civil purposes. They include schools, universities, childcare centres, pre-schools, sporting facilities, night clubs, or public transport buildings.
Class 9c buildings are residential care buildings that may contain residents who have various care level needs. They are a place of residence where 10% or more of persons who reside there need physical assistance in conducting their daily activities and to evacuate the building during an emergency. An aged care building, where residents are provided with personal care services, is a Class 9c building.
Class 10

Class 10 buildings are non-habitable buildings or structures. Class 10 includes 3 sub-classifications: 

  • Class 10abuildings are non-habitable buildings including sheds, carports, and private garages. 
  • Class 10b is a structure being a fence, mast, antenna, retaining wall, swimming pool, or the like.
Class 10c building is a private bushfire shelter. A private bushfire shelter is a structure associated with, but not attached to, a Class 1a building.

As buildings can have mixed uses, they can also have mixed (or multiple) classifications. For example, a building may have a basement carpark (Class 7a) with ground floor retail space (Class 6) and residential apartments (Class 2) and offices above (Class 5).

Types of Building Permits/Approvals

Depending on what works are going to be completed will depend on what permit will need to be applied for. For a brief description of each permit, please see the list below:

  • Building Permit -   required for the construction, modification or addition to any structure or building, with some exceptions. This also includes swimming pools and Spas
  • Building Approval Certificate/Retrospective Building Permit -The process of legalising structures built without prior council approval (Planning Approval or Building Approval).
  • Demolition Permit – Permit applied for when demolishing, dismantling or removing any building or associated structure
  • Owner Builder Approval – Approval for property owners to construct certain types of buildings without the assistance of a registered builder.

A more in-depth description for each type of permit can be found below.

Building Permits

A building permit is required for the construction, modification or addition to any structure or building, with some exceptions. The building permit application itself can be submitted as either a Certified Application for Building Permit (BA1) or an Uncertified Application for Building Permit (BA2)

  • BA1 Certified application – These types of applications mean that it was assessed by a private building surveyor. This requires a BA3 Certificate of design compliance from the private surveyor prior to lodgement. BA1 applications are mandatory for Class 2-9 Buildings and optional for some 1-10 class buildings.
  • BA2 Un-Certified application – These types of applications mean an assessment is performed by the Shire of Cuballing. It does not require a BA3 as this is processed by the Shire. This is only applicable for building works related to residential homes, sheds and patios (classes 1a & 10)

The assessment from an engineer may be required. This will depend on whether or not the proposed works is a kit build. A kit build is a construction method where pre-engineered, pre-cut, or prefabricated components are manufactured off-site and delivered to your property as a package. An example includes a stand alone shed.  If the proposed works are not a Kit build, an engineer will need to assess your plans prior to lodging the building application.

When lodging your application, please ensure you have the following:

  • A completed BA1 or BA2 application form (if a BA2 is used, please ensure you also provide the BA3)
  • Engineer endorsed plans, drawings, etc if applicable

When the works have been completed, you will then need to submit a BA7 Notice of completion form to advise the Shire.

Swimming Pools and Spas

A building permit is required for the construction of pools/spas, this includes private spas/pools. As drowning is one of the leading causes of death for children under the age of 5, there are strict rules and regulations surrounding compliance for swimming pool or spa safety barriers and fencing. These requirements can be found in the Building Regulations 2012 and Building Act 2011.

A private swimming pool is defined as a pool that is associated with a dwelling and has the capacity to hold water deeper than 300 mm.

A private swimming pool is associated with:

  • A Class 1a dwelling
  • Less than 30 sole-occupancy units in a Class 2 building
  • A Class 4 part of building

Much like other buildings/structures, either a BA1 or BA2 must be lodged with the Shire of Cuballing (BA1 is lodged, BA3 still applies). Once the works are completed, the Building surveyor will need to inspect the pool/spa. An inspection is then completed every 4 years, which includes an inspection fee as per the current fees and charges.

More information about Swimming Pools and Spas can be found in the below documents.

  • Notes for Rules and Pools
  • Building Permits – Private Swimming Pools

When a building permit application is submitted, the Shire retains a copy and then a copy of the building permit I sent to you (either by post or email) after the applicable fees and charges have been paid.

Once the works have been completed, A BA7 Notice of completion needs to be submitted to notify the Shire of Cuballing that construction has concluded. If the structure is a dwelling, swimming pool or shed (depending on the size and use), the BA7 is also sent to Landgate so your property can be re-evaluated. More on this can be found on the Subdivisions, Amalgamations, Contiguous Rating and Re-Evaluations page.

Fees and Charges

Can you be exempt from obtaining building approval?

Yes, in some instances you may be exempt from obtaining building approval. Below is a list of exemptions from the Building Act 2012 and the Building Regulations 2012.

Exemptions under the Building Act 2011

  • By Ministerial order
  • Temporary Buildings – building or incidental structure that is to remain erected for no longer than one month. This is applicable if:
  • Members of the public normally use
  • Members of the public are permitted to access
  • Buildings or an incidental structure that is, or is proposed to be, used in the construction, operation or maintenance of a road, rail, port, harbour, airport, water, sewerage, electricity, oil or gas supply infrastructure.

 

Exemptions under the Building Regulations 2012 (simplified)

  • Class 10 buildings on lots outside townsites (as defined by Landgate).
  • Freestanding Class 10a buildings that:
    • are no larger than 10 m²; and
    • are no higher than 2.4 m.
  • Minor renovations, repairs, maintenance, or alterations where the work:
    • does not affect the structural integrity of the building;
    • does not change the building size, height, use, or classification;
    • uses similar replacement materials;
    • does not affect safety or compliance with building standards;
    • stays within property boundaries; and
    • is not subject to Heritage Act requirements.
  • Temporary offices, sheds, or toilets used by builders during construction work on the same property.
  • Fences or screens that:
    • are not part of a swimming pool barrier; and
    • comply with the Shire of Lake Grace Fencing Local Law.
  • Masts, antennas, or similar structures that:
    • are no more than 2 m above the roof if attached to a building; or
    • are no more than 3 m high if freestanding.
  • Retaining walls that:
    • retain no more than 0.5 m of ground;
    • are not linked to other building work; and
    • remain within property boundaries.
  • Pergolas for Class 1 buildings that:
    • are open structures without a solid roof;
    • are no higher than 2.4 m; and
    • cover no more than 20 m².
  • Water tanks with a capacity of 5,000 litres or less.
  • Certain Park homes, caravan annexes, and manufactured homes that meet State requirements.
  • Solar panels or solar hot water systems installed on Class 1 or Class 10a buildings in Wind Region A.
    • Cuballing and Popanyinning are located in Wind Region A.
  • Roof-mounted evaporative air conditioners where bushfire and building requirements are met.

Will my Building Permit Expire? 

Yes, generally, a Building permit is valid for 2 years

What happens if i commence works prior to obtaining building approval? 

If approval is not obtained prior to starting works, that structure is illegal. This means that works must stop until a Retrospective Building permit is applied for (if applicable). In some instances, alternative direction may be given to the owner/builder from the Shire Building surveyor. Faily to comply may result in a fine or in extreme cases, a work order enforced by the Shire to stop works, demolish or removed the building/structure. 

My Tab Content - Retrospective Building Permits 1

My Tab Content - Demolition Permit 2

My Tab Content - Occupancy Permit 3

My Tab Content - Owner Builder Permit 4