Building Act 2011 (WA)

Western Australia Building Act 2011 Western Australia Building Act 2011 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 4. Term used: independent building surveyor 1 5. Term used: owner 1 6. Permit authority for a building or incidental structure 1 7. Which permit authority to receive application 1 8. Crown bound 1 Part 2 — Building and demolition permits Division 1 — Building or demolition permit generally required for building or demolition work 9. No building work without a building permit 1 10. No demolition work without a demolition permit 1 11. Defence if permit suspended 1 12. Defence if emergency 1 Division 2 — Applications for building or demolition permits 13. Terms used 1 14. Certified applications for all buildings, uncertified application for buildings of certain classifications 1 15. Application for demolition permit 1 16. Making an application 1 17. Uncertified application to be considered by building surveyor 1 18. Further information 1 19. Certificate of design compliance 1 20. Grant of building permit 1 21. Grant of demolition permit 1 22. Further grounds for not granting an application 1 23. Time for deciding application for building or demolition permit 1 24. Notice of decision not to grant building or demolition permit 1 Division 3 — Building or demolition permits 25. Form and content of building or demolition permit 1 26. Permit for staged works 1 27. Conditions imposed by permit authority 1 28. To whom permit document issued 1 29. Compliance with building or demolition permit 1 30. Display of building or demolition permit details 1 Division 4 — Duration of building or demolition permits 31. Terms used 1 32. Duration of building or demolition permit 1 33. Notice of completion 1 34. Notice of cessation 1 35. Suspension of building or demolition permit 1 Division 5 — Inspections of building or demolition work 36. Regulations 1 Part 3 — Building standards 37. All buildings to comply with applicable building standards 1 38. All demolition work to comply with applicable building standards 1 39. Non‑application and modification of building standards 1 Part 4 — Occupancy permits and building approval certificates Division 1 — Occupancy permits 40. Term used: occupier 1 41. Certain buildings not to be occupied or used without an occupancy permit 1 42. Display etc. of, occupancy permit details 1 43. Occupation, use of buildings to comply with occupancy permits 1 44. Compliance with occupancy permit generally 1 45. Regulations about safety and health matters in buildings requiring occupancy permits 1 Division 2 — Kinds of applications for occupancy permits and building approval certificates 46. Application for occupancy permit for completed building 1 47. Application for temporary occupancy permit for incomplete building 1 48. Application for modification of occupancy permit for additional use of building on temporary basis 1 49. Application for replacement occupancy permit for permanent change of building's use, classification 1 51. Application for occupancy permit or building approval certificate for unauthorised work 1 52. Application for occupancy permit or building approval certificate for building with existing authorisation 1 Division 3 — Making and dealing with applications for occupancy permits and building approval certificates 53. Terms used 1 54. Manner of application 1 55. Further information 1 56. Certificate of construction compliance 1 57. Certificate of building compliance 1 58. Grant of occupancy permit, building approval certificate 1 59. Time for granting occupancy permit or building approval certificate 1 60. Notice of decision not to grant occupancy permit or grant building approval certificate 1 61. Form and content of occupancy permit, building approval certificate 1 62. Conditions imposed by permit authority 1 63. To whom form of permit, modification, certificate issued 1 64. Duration of temporary permit, modification 1 65. Extension of period of duration 1 Part 5 — Circumstances in which building, demolition or occupancy permits not required Division 1 — Regulations and Ministerial orders 66. Regulations 1 67. Ministerial order 1 Division 2 — Particular buildings, incidental structures 68. Terms used 1 69. Temporary buildings 1 70. Buildings incidental to infrastructure 1 71. Buildings incidental to shipping and boating facilities 1 72. Buildings incidental to mining operations 1 73. Buildings incidental to exploiting petroleum and other resources 1 74. Buildings incidental to industrial processing plant 1 Part 6 — Work affecting other land Division 1 — Terms used 75. Terms used 1 Division 2 — Work affecting other land that requires consent, court order or other authority 76. No encroachment without consent, court order or other authority 1 77. Other land not to be adversely affected without consent, court order or other authority 1 78. No protection structure in or on other land without consent, court order or other authority 1 79. Certain work not to affect party walls etc. without consent, court order or other authority 1 80. Fences etc. not to be removed without consent, court order or other authority 1 81. No access to other land without consent or court order, and notification, or other authority 1 82. Removal of unauthorised encroachments, protection structures 1 Division 3 — Obtaining consent or court orders to affect other land 83. Terms used 1 84. When notice about effect on other land required 1 85. Form and content of notice about effect on other land 1 86. Application for court orders if no consent 1 87. Requirement for building or demolition permit not affected by court order 1 Division 4 — Other boundary matters 88. Finishes of walls close to boundaries 1 89. Obligation to maintain, repair encroachments, party walls, shared boundary retaining walls 1 90. Liability for certain expenses 1 91. Liability for loss, damage not affected 1 Part 7 — Existing buildings 92. Terms used 1 93. Changing building standards, requirements, as to existing buildings 1 Part 8 — Enforcement Division 1 — Preliminary 94. Terms used 1 Division 2 — Authorised persons 95. Term used: designating permit authority 1 96. Authorised persons 1 97. Identity cards 1 98. Production or display of identity card 1 99. Limitation on powers of authorised person 1 Division 3 — Powers of authorised persons 100. Entry powers 1 101. Powers after entry for compliance purposes 1 102. Obtaining information and documents 1 103. Use of force and assistance 1 104. Directions generally 1 105. Obstruction of authorised persons etc. 1 Division 4 — Entry warrants 106. Entry warrant to enter place 1 107. Issue of warrant 1 108. Effect of entry warrant 1 109. Execution of warrant 1 Division 5 — Building orders 110. Building orders 1 111. Notice of proposed building order other than building order (emergency) 1 112. Content of building order 1 113. Limitation on effect of building order 1 114. Service of building order 1 115. Compliance with building order 1 116. Obstruction in relation to building order 1 117. Revocation of building order 1 118. Permit authority may give effect to building order if non‑compliance 1 Part 9 — Review 119. Building and demolition permits 1 120. Building standards 1 121. Occupancy permits and building approval certificates 1 122. Building orders 1 123. SAT may disapply or modify subsidiary legislation about building etc. 1 Part 10 — Permit authorities 124. State of WA as a permit authority 1 125. Delegation of State's functions as permit authority 1 126. Special permit authorities 1 127. Delegation: special permit authorities and local governments 1 Part 11 — Building information 128. Register of permits, building approval certificates, building orders 1 129. Inspection, copies of permits, building approval certificates in register 1 130. Building records to be kept 1 131. Inspection, copies of building records 1 132. Provision of information to Building Commissioner 1 Part 12 — Legal proceedings Division 1 — General provisions about legal proceedings 133. Prosecutions 1 134. Civil remedy not affected by proceedings for an offence 1 135. Incriminating information, questions or documents 1 136. Legal professional privilege 1 Division 2 — Evidence in legal proceedings 137. Evidence Act 1906 not excluded 1 138. Allegations in prosecution notices 1 139. Presumptions about authority to do certain things 1 140. Proof of permits, certificates, building orders, declarations, obtained records, approved forms 1 141. Evidence of text adopted by regulations 1 Part 13 — General provisions 142. Authority to perform certain functions in relation to Crown land for purposes of this Act 1 143. Protection from liability 1 144. Extent of duties as to certificates 1 145A. Local government functions 1 145. Protection for compliance with Act 1 146. Confidentiality 1 147. False or misleading information 1 148. Laying documents before Parliament 1 Part 14 — Regulations 149. Regulations 1 150. Regulations may refer to published documents 1 Part 16 — Transitional provisions Division 1 — Transitional provisions arising from the enactment of the Building Act 2011 176. Terms used 1 177. Interpretation Act 1984 not affected 1 178. Building licences, pending applications, reviews 1 179. Demolition licences, pending applications, reviews 1 180. Building approval certificates (former provisions), pending applications, reviews 1 181. Certificates of classification, pending notifications of change of use 1 182A. Occupancy permits for certain buildings and validation 1 182. Hoardings etc. in public places 1 183. Building party walls 1 184. Work on existing party walls 1 185. Underpinning 1 186. Settlement of differences in relation to party walls, underpinning 1 187. Settlement of differences in relation to security 1 188. Inflammable materials 1 189. Encroachments over, on, or under streets 1 190. Notices of required alterations 1 191. Notices to stop unlawful work 1 192. Dangerous buildings 1 193. Neglected buildings 1 194. Dilapidated buildings 1 195. Uncompleted buildings 1 196. Orders prohibiting building on land until payments made 1 197. Agreements for repayment of costs, postponement of payment of costs 1 198. Action after conviction 1 199. Fire escapes 1 200. Public buildings 1 201. Removal of inflammable buildings 1 202. Orders about occupiers obstructing owners from complying with former provisions 1 203. Regulations for transitional matters 1 Division 2 — Transitional and validation provisions arising from the enactment of the Building Amendment Act 2012 204. Term used: amending Act 1 205. Requests for further information (building and demolition permits) 1 206. Requests for further information (occupancy permits and building approval certificates) 1 207. Time for deciding application for building or demolition permit 1 208. Validation of building permits naming, and compliance certificates issued by, public authorities 1 209. Regulations for transitional matters about applicable building standards 1 Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Building Act 2011 An Act to provide for the following — * permits for building work and demolition work; * standards for the construction and demolition of buildings and incidental structures; * the use and maintenance of, and requirements in relation to, existing buildings and incidental structures; * work affecting land other than land on which the work is done; * the amendment of the Local Government (Miscellaneous Provisions) Act 1960 and various other Acts 1; * the repeal of the Building Regulations 1989 and the Local Government (Prohibition on Dealings in Land) Regulations 1973 2; * related matters.