Building
One of the core activities of (name of council) is to regulate the construction of buildings. The Building Permit process regulates the construction and alteration of buildings by assessing proposed construction or alteration work against the requirements of the building legislation and the Building Code of Australia (BCA). Plumbing permits are also usually part of the building permit process. {General} Read the Plumbing and Drainage template for answers to questions on this topic. The planning process is also explained in greater detail in the Planning Permits and Appeals template. Both templates are.../ This template is… available on your council website. {local practice} 1. What legislation c o ntrols building? 2. What is the difference between a Building Permit and a Planning P ermit? 3. What do I need to know about accreditation and indemnity insurance? What if I'm an owner-builder? 4. How do I find an accredited builder, surveyor or architect? 5. What are my responsibilities before I start as an owner-builder? 5. When is a Building Permit required? 6. Can I start doing works on the sit e before I have a Building Permit? 7. What does the Building Permit process involve? 8. How long does it ta ke to get a Building Permit? 9. What fees w ill I have to pay to obtain a Building Permit? 10. If my Building A pplic ation is refused, what can I do? 1. What legislation controls building? The relevant legislation relating to building, which a council has a responsibility to administer are the: The Commonwealth's Disability Discrimination Act 1992 may also have an influence on design and construction outcomes. However, the single most important document controlling the detail of building construction is the Building Code of Australia (BCA). This code is produced and maintained by the Australian Buil ding Codes Board. The BCA is given legal standing under the Building Act 2000 in Tasmania, similar to legislation in the other States and Territories. An annual edition of the BCA is produced in May. {General} The BCA addresses the technical issues of design and construction of buildings and other structures. It is produced in two volumes: Volume 1 (commercial buildings) and Volume 2 (domestic buildings) and includes provisions about: · structure · fire resistance · access and egress · services and equipment · health and amenity in buildings · energy efficiency. There is also a Guide to the BCA. {General} The Building Control branch of the Department of Justice manages the general development of and technical input to the BCA in Tasmania. It is located at the offices of Workplace Standards Tasmania (WST), 30 Gordon's Hill Rd, Rosny Park, 7018. Contact the WST Helpline: 1300 366 322 or outside Tasmania (03) 6233 7657. Website: www.wst.tas.gov.au/building {General} § To clarify understanding of any provision of the BCA, refer to the BCA Guide. {General} § If a query relates to a project specific problem, talk to an accredited building surveyor or the relevant council. (Council to include contact details for the relevant building control officer) {local practice} § If the query is about how to interpret a provision of the BCA, talk to the Building Control Branch of the Department of Jusitce. Cotnact the WST Helpline: 1300 366 322 or outside Tasmania (03) 6233 7657. {General} Hard copies of the BCA and the Guide to the BCA can be ordered online via the Australian Building Codes Board On-Line Shop . A CD version of the BCA and Guide are available from the Australian Building Codes Board (ABCB). For all enquires about ABCB publication sales please ring 1300 857 522 or e-mail bca@abcb.gov.au. On-line versions of the BCA and the BCA Guide are also available via the Australian Building Codes Board site on a 12 monthly subscription. Monthly and Limited Access subscriptions are also available. {General} Outlets in Tasmania for Purchasing the BCA in Hard Copy:
Ph: 1300 654 646 or 6224 2380 Outlets in Tasmania for Viewing the Hard Copy BCA:State Library of Tasmania, Reference Library - Hobart, Launceston, Devonport and Burnie. Check the State Library on-line catalogue for availability.
· TAFE Tasmania library in Queenstown. 2. What is the difference between a Building Permit and a Planning Permit? A Building Permit authorises the construction and alteration of buildings by assessing any proposed new buildings, structures or alteration work against the requirements of the Building Code of Australia. A Planning Permit authorises the use and development of land by assessing proposals against council planning schemes and the State's planning legislation. It particularly examines the impact of the proposed development or use on the surrounding area, whereas Building Permits focus on the proposed structure, its safety and amenity. {General} Check with your council to see if you require both. You may be able to lodge applications for both Building and Development permits at the same time. (Council to state if they accept combined BA's and DA's) {local content} 3. What do I need to know about accreditation and indemnity insurance? What if I'm an owner-builder? To ensure buildings are constructed safely and competently, the Building Act 2000 has introduced a system for mandatory accreditation and insurance for all qualified: · designers (including architects, building designers, engineers and building service designers) responsible for the design of buildings; · building surveyors and assistant building surveyors responsible for the assessment of design and building work; · builders (including domestic, commercial, construction managers, fire protection services and demolishers) responsible for the construction (or demolition) of buildings. The Building Act requires that such accredited building practitioners carry out the design, construction (or demolition) and assessment of all building work that requires a building permit and is valued over $5000. Building work totalling less than $5000 still requires a building permit, but not necessarily a qualified building practitioner. Building practitioners will be accredited in the appropriate Category and Class for the work that they can perform. They may be accredited in more than one Category. A Category is a broad description of the building practitioners normal work or occupation. Within each Category of Accredited Building Practitioner (ABP) there may be several Classes. For example - The ABP Category of Builder is divided into these Classes: · Builder - Commercial; · Builder - Domestic; · Builder - Construction Manager; · Builder - Fire Protection; and · Builder - Demolisher. Attached to each of these Classes is a "Scope of Work" requirement. The Scope of Work reflects the practitioner's level of skills, qualifications and experience. For example, the Class of Builder - Commercial has four Scope of Work levels, with unrestricted work at Level 4 (the highest level). A Builder - Commercial ABP Level 4 is therefore not restricted to any particular type or size of commercial building project. A Builder - Commercial ABP Level 1 (the lowest level of Commercial Builder) is restricted by their Scope of Work to a one storey building with a maximum floor area of 500 square metres and would not be permitted to build a three storey building. {Govt Act} Further information on accreditation and under the Building Act 2000 is available from Building Control Branch, Department of Justice. Contact the WST Helpline: 1300 366 322 or outside Tasmania (03) 6233 7657 {General} If you are building or extending a house and the cost is more than $12,000, you will need to ensure that your builder has a Housing Indemnity Policy . This policy is required under the Housing Indemnity Act 1992 . Housing Indemnity Insurance provides cover for six years from the completion of the building for: · any construction defects that occur · work not completed due to the death, insolvency or bankruptcy of the builder · work that is deficient and not fixed. {Govt Act} Owner Builders Genuine owner builders can still build without the accreditation or indemnity insurance requirements of qualified professionals. However there are other restrictions on the work of owner-builders - see paragraph below. According to the Housing Indemnity Act 1992 if you sell your owner-builder contructed house within 6 years of completion, you will need to: · have the house inspected by an accredited person and keep a copy of the inspection report - an authorised insurer can suggest a qualified person. · obtain indemnity insurance cover as specified by an Owner-Builder Ministerial Insurance Order. · provide a copy of both these documents to the new owner, before signing the contract of sale. {Govt Act} Please consult Consumer Affairs and Fair Trading for further up-to-date information concerning Housing Indemnity. {General} 4. How do I find an accredited builder, building surveyor, building designer or architect? A Register of Accredited Building Practitioners has names, locality details and the scope of work for all accredited building practitioners are available on the Building Control website. See question 3 for further information on this topic. 5. What are my responsibilities before I start as an owner builder? The Building Act 2000 allows genuine owner-builders who are not professional builders to build on their own land. However the Act restricts an owner-builder's activity to no more than two residential buildings in ten years. {Govt Act} From 1 July 2007, changes have been made to the laws affecting owner-builders. The important change is that the Director of Building Control must verify the eligibility of owner builder(s) before a builidn surveyor can issue a Certificate of Likely Compliance. This is at an early stage in the building process, well before requesting a building permit. The building surveyor will ask fo a report on the owners' eligibility to be an owner-builder for the Director of Building Control. The Director's report will confirm owner-builder or otherwise and provide an Owner Builders RegistrationNumbers. More information about the changes is available at this website address: http://www.wst.tas.gov.au/node/bsrowner-bui.htm The new owner-builder registration process is outlined below: 4 Steps to becoming an owner-builder 1. Develop your plans with your architect or building designer and decide whether you want to become an owner-builder. Obtain an Owner-Builder Kit from Workplace Standards Tasmanian (Phone 1300 366 322). It provides information about your responsibilities as an owner-builder. 2. Take your completed plans to a building surveyor and advise them that you intend to be an owner-builder. You will need to complete an Owner-Builder Statement (Form 34) found in this kit and provide a copy to the building surveyor. 3. Ask the building surveyor to seek approval from the Director of Building Control for you to act as an owner-builder. If approval is granted, the building surveyor will issue you with a Certificate of Likely Compliance. 4. Apply for a building permit from your local council. You will need to include all design documents, a completed Owner-Builder Statement and the Certificate of likely Compliance with your application for a building permit. Owner-Builder Statement The Owner-Builder Statement (Form 34) As an owner-builder you must sign this declaration to indicate you have read the Owner-Builder Guidelines and understand your responsibilities as an owner and as a builder. A copy of this form is given to the building surveyor and it will be forwarded to the Director of Building Control with the request for an owner-builder eligibility report. The original of the form 34 is given to the council Permit Authority when the owner-builder applies for a building permit. All details on the form must be true and correct, including reference to any Public Liability Insurance or Workers Compensation Insurance. Workers Compensation Insurance is required by law if the owner-builder intends to employ anyone for wages. Owner-builders are not legally required to take out a Public Liability insurance policy but you are strongly advised to consider the option of having such cover. {General} 6. When is a Building Permit required? A Building Permit is required for the vast majority of structures and buildings with the exception of some minor structures such as small fences, some repair works and minor alterations. You should always check with your council before you commence any building, plumbing or repair works. {General} (Council to insert contact name and number for Building and Development) {local practice} A Permit is required for the following types of work: · new building work, including a new dwelling · farm buildings/outbuildings · renovations or alterations · extensions and additions · removing or altering load bearing walls · works that may involve a change of use of the premises, eg converting a shop into a residence, or converting a garage into habitable space such as a bedroom · garages, carports, and sheds · swimming pools and pool fences · building a deck · certain other structures and improvements including building retaining walls or fences over a certain height · demolition work is also defined as building work and requires a Building Permit. {General} Building work that does not require a Building Permit is set out in the Building Regulations 2004 and in the Plumbing Regulations 2004 for plumbing work. {General} 7. Can I start doing building or plumbing work on the site before I have a Building Permit? No. You are not allowed to start any works on a site until you have received your Building Permit. This is because Council needs to: · determine that none of the works will interfere with underground services; · check the title for any restrictions on where buildings can go on the site. Also, works started before a permit is issued might contravene a condition put on the permit. Contravention of the provisions of the Building Act 2000, the Building Regulations 2004 or the Plumbing Regulations 2004 can result in an infringement notice and a fine or prosecution before a court. Councils also have powers to order the demolition of illegal works. {Act} 8. What does the Building Permit process involve? The Building Permit process first involves the assessment of a proposed building or structure against the Building Code of Australia. You will need to submit detailed construction plans to an accredited building surveyor, either a private operator or one employed by council. The Director Building Control - Specified Lists states what documents are required and the operational timeframe. The building surveyor assesses the plans and then provides you with a Certificate of Likely Compliance. You will need to apply to a building surveyour (private or council) for a Certificate of Likely Compliance. The form, which is completed by the building surveyor can be viewed as Approved Form No. 11, Director Building Control - Approved Forms. The Certificate of Likely Compliance indicates that the proposed work: · is likely to comply with the Act, Regulations and the Building Code of Australia (BCA) · has adequate fire protection measures put in place · is capable of receiving adequate light and ventilation · is properly provided with sanitary facilities · provides for the safety of users inside buildings. Next, you will need to fill in an Application for a Building Permit (view Approved Form No. 2, Director Building Control - Approved Forms) and provide: · 3 copies of the Certificate of Likely Compliance; · 3 copies of all documents referred to on that certificate; · 3 copies of an Owner Builder Statement if you are an owner builder; · copy of title. {Govt Act} (Council to insert their specific requirements in terms of Building Application documentation required, or link to it, if available online. They may have a combined application for a certificate of likely compliance and building permit, for example) {local practice} A building surveyor can advise on technical building issues. For example, if building with reinforced concrete or steel, or building a retaining wall of 1m or higher, you may also need a Structural Certificate from an accredited structural engineer. Council will assess the proposal in terms of its compliance with any planning conditions, by-laws and other relevant legislation. If your proposal requires a Plumbing Permit, refer to the council. (Council to insert contact details for Plumbing Permit advice. The Plumbing Permit indicates there will be adequate: · sanitary drainage to a sewerage system or on-site waste water management system · hot and cold water supply · provision for stormwater from the buildings and their surroundings · fire fighting water supply. Inspections during the process Typical inspection stages are: · foundations; · footings and floor slabs construction; · framing up; · Occupancy Certificate and · Certificate of Completion (see below for details). At the appropriate stage of the work, a building surveyor will inspect the work and issue you with an Occupancy Permit. A building must not be occupied until an Occupancy Permit is issued, indicating it is safe and healthy to be occupied. A Certificate of Final Inspection will be issued by the building surveyor when all building work is completed. As the final stage in the building process, a Certificate of Completion (Building Work) may then be applied for and issued by the Council Permit Authority. {General} (Council to insert any further relevant information describing their Building Permit process or link to any existing online information). {local content} 9. How long does it take to get a Building Permit? A Certificate of Likely Compliance from a building surveyor must accompany an application for a Building Permit from council. The surveyor must process a request for a certificate within 21 days or a period agreed between the applicant and the council. Council must then send a Building Permit or a Notice of Refusal of a Permit within 7 days of receiving the application for the permit. {General} (Council may wish to include what their average time for processing a building application is.) {local content} 10. What fees will I have to pay to obtain a Building Permit? Building Surveyors (private or council employed) charge market rate fees for their services. {General} Councils charge building fees to issue building permits. (Council to insert table of building fees or link to existing online information). {local content} Other levies In addition to the council building fee, there are the Building Construction Training Levy and the Building Permit Levy which are collected by councils. The Training Levy was introduced in 1991 under the Building and Construction Industry Training Fund Act 1990. This levy is charged on any building project over $12, 000 and is calculated as 0.2% of the estimated cost of the building, as indicated in the contract or on the building application form. It is usually paid to the council when lodging the building application but can be paid directly to the Tasmanian Building and Construction and Industry Training Board (TBCITB). Visit their website for further information. {Govt Act} The Building Permit Levy came into existence with the Building Act 2000. Calculated as 0.1% of the total estimated cost of building and plumbing work valued at $12,000 or more, it must be paid before council issues a building permit. This levy is paid into a special fund and used solely to develop a better regulatory environment for Tasmania's building industry. {Govt Act} 11. If my Building Application is refused, what can I do? If a building application has been refused, there are usually slight changes that can be made which will make it acceptable. You can talk to either your builder or the council building surveyor and discuss ways in which your application can be amended and therefore successfully lodged. Another course of action can be to contact the Building Control branch of the Department of Justice and discussing the situation with their officers. - Contact the WST Helpline: 1300 366 322 or outside Tasmania (03) 6233 7657. {General} Under Part 12, Division 2 of the Building Act 2000 you can appeal a refusal to issue a permit (or non issue of a permit) to the Building App eal Board. The Building Appeal Board is established under the Building Act 2000 as an independent tribunal. The Board considers cases relating to: · a condition of the permit · occupancy or temporary occupancy · protection work
Contact details of the Building Apperal Board: http://www.wst.tas.gov.au/node/bsrboards.htm  |  |
