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.

Copies of the relevant application forms will be found at the bottom of this page.

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 buildings are carparks.
Class 7b buildings 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.

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

Certified Domestic Building Permits - 0.19% of estimated value as determined by the LGA but not less than $110.00 - Class 1 or 10 building or incidental construction	Minimum $110.00
Certified Commercial / Industrial Permits - 0.09% of estimated value as determined by the LGA but not less than $110.00 - Class 2 to 9 building or incidental construction	Minimum $110.00
Uncertified application for a building permit - 0.32% of estimated value as determined by the relevant permit authority but not less than $110.00	Minimum $110.00
Building and Construction Industry Training Fund Levy - 20% of value over $20,000 of building	0.20%
Builders Registration Board	$41.50
Certificate of Design Compliance	By Quote
Certificate of Construction Compliance	By Quote
Certificate of Building Compliance	By Quote
Swimming Pool Inspection Fee	$58.45

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 Cuballing 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 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, have a work order placed on construction to stop works, demolish or remove the building/structure at the cost of the property owner.

Retrospective Building approval or a Building Approval Certificate is approval obtained for Class 1 or Class 10 buildings that were built without prior Shire authorisation. This means that no planning application was lodged (if applicable), along with no building application being submitted prior to the commencement of construction.

To demonstrate that your building complies with relevant requirements, you must engage an independent building surveyor to review your existing building plans — or arrange for new plans of the current building to be prepared — and issue a BA 18 Certificate of Building Compliance. This is the same certificate referred to in the Occupancy Permits section.

To obtain retrospective building approval, you will need to submit the following to the Shire of Cuballing:

BA13 Application for Building Approval Certificate
BA18 Certificate of Building Compliance
Building plans certified by the Building Surveyor
If septic tanks were apart of construction, proof of whether or not the septic tanks were approved prior by the Shire of Cuballing or will be approved

In extreme cases if a Building is deemed unfit for habitation or a structure poses a health/safety hazard, the Shire can impose a building order to demolish or remove the building at the cost of the property owner. This legislation can be found in the Building Act 2012.

Fees and Charges

Uncertified application for a building permit - 0.32% of estimated value as determined by the relevant permit authority but not less than $110.00	Minimum $110.00
For the issue of a building approval certificate - Class 1 or 10 - 0.38% of estimated current value of the unauthorised structure as determined by the LGA. Minimum Fee $110.00	Minimum $110.00

A demolition permit is obtained if you intend to demolish, dismantle or remove a building or associated structure. A demolition permit is required for the demolition or dismantling or:

A structure 2 metres or higher
A fence or wall 1.8 metres or higher

There are two classes of demolition permits:

Class 1 - Required for high-risk and complex structures. This includes total or partial demolition of buildings 10 metres or higher, structures utilizing explosives, load-shifting equipment on suspended floors, tower cranes, or pre-tensioned/post-tensioned structural components.
Class 2 - Permits the total or partial demolition of buildings and structures less than 10 metres in height. It excludes high-risk elements such as explosives, tilt-up concrete, single-storey dwellings, or the use of heavy machinery on suspended floors.

In order to apply for a demolition permit, a BA5 Application for Demolition permit will need to be submitted to the Shire of Cuballing along with:

A site plan that shows what structures/buildings are going to be demolished
Evidence the Heritage Council has been notified (applicable for buildings on the State Register for Heritage Places)
Evidence that electricity, telephone and water providers have been notified (if applicable)
Evidence of treatment for rodents at time of demolition
Detail of the Asbestos removalist (if applicable)

Like Building permits, a BA7 is to be submitted to the Shire of Cuballing to advise when the works have been completed.

Can you be exempt from obtaining demolition approval?

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
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

You can demolish a Class 10 Building or small structure without approval if:

the building is no larger than 40 m²;
the demolition will not put residents, users, or the public at risk; and
the building is not protected under the Heritage act

Fees and Charges

Application for a demolition permit in respect of Class 1 or Class 10 building
or incidental structure, and/or, Class 2 to Class 9

Minimum of $110.00

An occupancy permit is an official approval issued by the relevant building authority confirming that a building is safe, suitable for use, and compliant with applicable building regulations. It is generally required once building work has been completed before the building can be occupied or used. Its only applicable for Building Classes 2 to 9.

The permit may also include:

the approved use of the building;
any conditions or restrictions on occupancy;
the maximum number of occupants for some buildings.

Some examples of Buildings/Structures that require an occupancy permit include:

New houses, townhouses, and apartments
Commercial buildings such as offices, shops, and warehouses
Factories and industrial buildings
Schools, childcare centres, and educational facilities
Hospitals, medical centres, and aged care facilities
Hotels, motels, and accommodation buildings

Before applying for an Occupancy permit, you must ensure that you have obtained either a BA17 Certificate of Construction Compliance or a BA18 Certificate of Building Compliance. More information on the BA17 and BA18 form can be found lower on this page.

BA17 Certificate of Construction Compliance - A Certificate of Construction Compliance is an official document that confirms building or construction work has been completed in accordance with approved plans, building codes, permits, and relevant regulations.

BA18 Certificate of Building Compliance. is a formal document issued by a registered building surveyor confirming that a building complies — or substantially complies — with applicable building standards and approval requirements at a particular point in time. Its commonly used under the building approval system for situations involving existing buildings or completed work where compliance needs to be verified.

The BA17 or BA18 (depending on which document is applicable) must also be lodged with a BA9 Application for Occupancy Permit and then the applicable fees to be paid as well.

Can you be exempt from obtaining an occupancy permit?

Exemptions under the building regulations 2012

The building is a Class 1 or 10 building.
A temporary office, shed or sanitary facility used by a builder in connection with building work carried out on the same land.

Owner Builder approval is used for property owners who wish to build without a registered builder. This is only applicable for any works that are over $20,000. To do this, an application must be made through the Building Services Board.

Owner builders can only build the following:

Class 1a (i) Buildings – a single dwelling, being a detached house. This includes an extension to a house or a habitable dwelling on the same property but separate to the main house such as a granny flat;
Class 10 Building - being a non-habitable building such as a private garage, carport, shed or the like; or
Small Commercial Building - being a one or two story building with a floor space of less than 500 m2 that is not a detached house, Class 10 building or farm building.

As an owner-builder you will be responsible for:

Obtaining and complying with the building permit.
Scheduling and managing the different trades on site.
Maintaining a safe work site.
Supervising the quality of the work.
Obtaining certification as required on works completed.
Rectifying any defective work.
Maintaining appropriate insurance cover.

More information can be found on the Department of Local Government, Industry Regulation and Safety website.

Permit Extensions

Building and Demolition Permits - In WA, Building and Demolition permits are valid for 2 years. In order to obtain an extension, an application must be made to the Shire of Cuballing. Firstly, the BA22 Application to extend time (building or demolition permit) needs to be completed. In that application, a reason needs to be given to Council, along with any evidence as to why the extension is required. Application fees are also applicable. Typically, building and demolition permits can be extended up to another 12 months.

Occupancy and Retrospective Extensions - A BA23 Application to extend time (Occupancy permit and Retrospective permit) needs to be submitted along with the payment on the prescribed fees. Much like Building and Demolition extensions, a valid reason and evidence to support the extension need to be provided to the Shire. An extension may also be considered after the expiry date of the original permit.

Building Services Levy (BSL)

The BSL is a levy imposed by the State Government to assist in funding operations and regulatory functions of the Building Services industry.

For Building and Demolition Permits, the BSL is calculated on:

Works valued over $45,000 – 0.137% of estimated value
Works valued at or less than $45,000 – a fixed rate of $61.65

The BSL is collected by the Shire of Cuballing on behalf of the Department of Local Government , Industry and Regulation and Safety.

Building and Construction Industry Training Fund Levy (BCITF)

BCITF is a levy imposed by the State Government which is used to assist in Training and Traineeships relating to Construction and Building. The levy is calculated on 0.2% of the value of construction for works more than $20,000. More information can be found at What is the Construction Training Fund Levy? | CTF . Much like BSL, the Shire of Cuballing collects the BCITF on behalf of the Construction Training Fund.

Building setbacks (Townsite)

As a general rule no building shall be constructed within a distance of 7.5m from the road and rear boundary. Minimum side boundaries are set by a complicated formula however generally no building shall be erected within 1.5m of any other lot boundary. These setbacks may be reduced by a decision of Council - if there is a compelling argument put forward.

All buildings must be at least 1.22m clear of septic tanks and at least 1.8m clear of leach drains.]

Building setbacks (Rural)

No building shall be constructed within a distance of 20 metres from the road boundary of your lot and no building shall be erected within 20 metres of any other lot boundary. A reduction is setbacks may be permitted if it is shown to the satisfaction of Council that for reasons of topography or lot configuration the prescribed setbacks cannot be adhered to. All buildings must be at least 1.2 metres clear of septic tanks and at least 1.8 metres clear of leach drains.

Many rural blocks have building envelopes created at the time of subdivison. Should you wish to relocate this envelope, approval will be required. A detailed application in writing, including a clear scaled plan, should be submitted.

Will new Buildings/Structures effect my Rates?

In some instances, new buildings, the removal of buildings/pools, etc, will affect your property valuation. Adjustments to your property valuation will then have an effect on your rates. When Building works are completed and a BA7 is lodged with the Shire of Cuballing, the BA7 is also sent to Landgate. There are conditions for what new works will affect your valuation. More information can be found on the Subdivisions, Amalgamations, Contiguous Rating and Re-Evaluations page.

Application Forms

BA1 Application for Building Permit - Certified

BA2 Application Building Permit - Un-Certified

BA3 Certificate of Design Compliance

BA 5 Application for Demolition Permit

BA7 Notice of Completion

BA9 Application for Occupancy Permit

BA13 Application for Building Approval Certificate (Retrospective Building Permit)

BA17 Certificate of Construction Compliance

BA18 Certificate of Building Compliance

BA22 Application to extend time - Building or Demolition Permit

BA23 Application to extend time - Occupancy Permit or Building Approval Certificate (Retrospective)

Owner/Builder Approval Form

Helpful Links and Documents

Building Act 2011

Building Regulations 2012

Building Act Overview

Building Permits - Private Swimming Pools

Notes - Rules for Pools and Spas

Duration of Building Permits

Becoming a New/Owner Builder

Building Approvals - State of WA

Owner/Builder - State of WA