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