Understanding Building Regulations and Permits in Perth

Building a custom home is an exciting journey, but navigating the regulations and permits can be daunting. As custom home builders in Perth, we know a thing or two about the laws and regulations that come with creating your dream home.

Whether you’re just starting out or already researching your custom home build, understanding what permits and approvals are required is crucial. In this guide, we’ll walk you through the essential building regulations and permits you’ll need to know to get your project on track. Let’s help put you in the right direction for a smooth and successful build.

Western Australia Building Laws

The key framework for building laws in Western Australia is the Building Act 2011 and the Building Regulations 2012, which are enforced by the State Building Commission (DMIRS) and your local council. These laws set out the basic requirements for all home construction to ensure safety, sustainability, and quality.

On top of these, all home builds must comply with the National Construction Code (NCC) and any other relevant Australian Standards. These codes cover everything from structural integrity to fire safety and plumbing. Essentially, they ensure your home is built to the highest safety and quality standards.

While these are the general rules, your local council also has a say in how your home fits into the surrounding environment. Local planning schemes set by each council control things like zoning (what land can be used for), lot size, and how high your home can be built.

Planning approval ensures your custom design meets local requirements like site coverage (how much of your land can be built on), heritage controls (if your property is in a heritage area), and any easements (restrictions on how land can be used).

Navigating these regulations can feel overwhelming, so we’ve outlined each step of the process in more detail below. You can also visit the WA Government Building Approvals page for all application forms. Your relevant local government will assess your application so it’s recommended you contact them for information on the specifics of what they will require from you and local laws to be aware of.

Step 1: Obtaining Development Approval

Development Approval is a legal document that grants permission for a development to occur on a piece of land. This is an essential step in the planning phase and should take place after you’ve finalised your design concept but before you begin the actual building application process. Development Approval can be obtained by submitting a development application.

Check with your local shire to find out what is required for Development Approval in your area. The council will ensure your build meets zoning, land use, and design rules, such as setbacks, building height, landscaping, and bushfire protection.

Your local council will confirm the specifics, but you will likely need to submit a development application, which may include a site plan, elevations, and sections of your design, as well as a statement explaining how your proposal complies with local planning policies. The council will then review your application, which can take up to 60 days. In some cases, they may advertise your proposal or seek feedback from your neighbours, though this is generally reserved for larger commercial projects.

Only after receiving Development Approval can you proceed with applying for a building permit. If your design fully complies with the local planning scheme, the council may waive the need for a full development application. However, it’s always safest to confirm with your council before moving forward with the build.

Step 2: Demolition Permit Application

For those of you whose custom home build requires the removal of an existing house, you’ll need to obtain a Demolition Permit (Form BA5) from your local council. This is an important step in ensuring the demolition process is carried out safely and in compliance with regulations.

In Western Australia, most demolitions must be carried out by a licensed demolition contractor. The contractor will typically lodge the permit application on your behalf so there isn’t much you need to worry about. The exception would be for a single-storey home demolition which may not need licenced demolition contractor. In this case if you choose to do the demolition yourself you would need to submit the application yourself.

Once approved, the council will issue a BA5 permit, which outlines specific safety and work requirements for the demolition. It’s important to complete the demolition before proceeding with new construction, as the site must be cleared and ready for the next phase of your build.

Step 3: Building Permit Application

A Building Permit is required for all new homes under the Building Act in Western Australia, unless the project is exempt (for example, very small sheds or minor repairs). It is a legal requirement that ensures your home construction complies with all relevant building codes, safety standards, and regulations before work can begin.

There are two types of applications for obtaining a Building Permit: Certified Permit (BA1) and Uncertified Permit (BA2). Each has its own process and timeline, and it’s important to choose the right one for your project.

Certified Permit BA1 vs Uncertified Permit BA2: Which One to Choose

• Certified Application (BA1), you’ll need to include a Certificate of Design Compliance (BA3) with your application. To get this, you’ll need to hire a registered Private Building Surveying Contractor who will assess your plans to ensure they meet the requirements of the National Construction Code (NCC). Once the assessment is complete, you’ll receive the Certificate of Design Compliance (BA3). The council is required to process your application and issue the permit within 10 business days. Commercial buildings or multi-unit residential projects (Class 2–9) must apply for a BA1. Custom homes (Class 1) are optional for BA1.
• Uncertified Application (BA2) doesn’t require a Certificate of Design Compliance (BA3) upfront. Instead, the City’s Building Surveyors will assess your plans and ensure they comply with the NCC during the review process. If everything’s in order, they will issue the Certificate of Design Compliance (BA3) along with your building permit. The processing time for an Uncertified Application (BA2) is up to 25 business days. Single homes and incidental structures (Class 1 and 10) are eligible for a BA2.

Steps to Obtain a Building Permit

While it’s best to talk to your local council to get the specifics of what they need, you can generally expect to follow these steps.

1. Gather Required Documents

To start the process, compile all necessary documents for your application. These typically include:

• Your Certificate of Title.
• Full construction drawings and specifications (prepared by a registered architect or building designer).
• Structural engineering calculations and reports for building code items.
• Evidence of compliance with mandatory elements, such as:
  • Termite management plans (AS 3660).
  • NatHERS energy-rating documentation.
  • BAL (Bushfire Attack Level) certificate (if applicable to bushfire-prone areas).

2. Insurance and Fees

Ensure your builder has paid the Builders’ Registration Levy/BCITF fee (for apprenticeship training) and arrange Home Indemnity Insurance if the contract value exceeds $20,000 (a legal requirement in WA).

3. Lodge Application

Complete the Building Permit Application form (BA1 or BA2, available on the WA building forms website) and pay the application fee (usually a percentage of the project value, plus state levies).

• For BA1, attach the surveyor’s CDC.
• For BA2, just lodge your plans.

Submit the application either through your local council’s building services or via a private certifier (if using BA1).

4. Permit Assessment

The council will review your application for compliance with the National Construction Code (NCC), the Building Act, and local planning conditions. They may request additional details.

• BA1 applications must be decided within 10 business days.
• BA2 applications must be decided within 25 business days.

Once approved, you will receive a Building Permit (Form BA4), which allows you to begin construction according to the approved plans.

Step 4: Building Standards & Code Compliance Perth, Western Australia

Your new build will need to meet the requirements outlined in the National Construction Code (NCC) and Building Code of Australia (BCA). These codes cover a wide range of compliance areas that ensure the safety, sustainability, and quality of your home. Below are some of the key areas of compliance that your project may need to meet:

Key Compliance Areas:

Structural Safety

Your home’s structure must be designed to handle forces like wind loading, weight-bearing loads, and seismic activity. Compliance with these standards ensures your home will be safe and durable over time.

Fire Resistance and Egress

Your home must meet fire resistance and egress (emergency exit) requirements to ensure safe evacuation during an emergency.

Disabled Access

Compliance with AS 1428 ensures your home is accessible for people with disabilities, with features such as wider doorways, ramps, and accessible bathrooms.

Energy Efficiency

New homes in Perth are required to achieve a minimum 6-star NatHERS rating under the NCC for energy efficiency. Your design should include elements like insulation, glazing, and correct orientation to meet this rating. You’ll also need to install water-efficient fixtures, such as WELS-rated taps, showerheads, and toilets.

Bushfire Protection

If you’re building in a bushfire-prone area, a Bushfire Attack Level (BAL) assessment is mandatory. The construction of your home must comply with AS 3959, with stricter building methods required for higher-risk BAL levels. Make sure your design meets State Planning Policy 3.7 before starting in these zones.

Termite Barriers

In Western Australia, termite management systems are required by law. This could include slab treatment or a physical barrier around the foundation. You’ll need to provide a report or certification from the installer when submitting your permit paperwork.

Other Standards

All new work must comply with other relevant Australian Standards. For example, AS 1684 applies to timber framing. Local councils or surveyors may also have additional requirements, such as higher wind load specifications for homes in cyclone-prone areas of northern WA.

Documenting Compliance

To ensure your application meets these standards, you’ll need to provide relevant documentation. This might include statutory declarations or certificates from licensed professionals. For example:

• Your building surveyor or engineer will certify the structure.
• An energy assessor will sign off on the NatHERS rating.
• Your plumber will provide an electrical safety certificate during rough-in stages.

It’s important to keep all this paperwork on hand during construction to ensure your home meets all regulatory requirements and can receive final approval upon completion.

Step 5: Mandatory Inspections During Home Construction

Once your custom home build begins, there are mandatory inspections at key stages to ensure that everything is being constructed according to the approved plans and building codes. These inspections are typically carried out by a surveyor or certifier, and they help maintain compliance throughout the construction process. The key inspection stages include:

• Footings/Foundation Stage: This inspection takes place after the site has been prepared and the formwork is in place, but before concrete is poured. It ensures that the footings and foundation are correctly laid and meet the necessary structural requirements.
• Lock-up Stage: The Lock-up Stage occurs when the roof frame and external walls are complete. This inspection checks the structural elements like the frame, bracing, and weatherproofing, ensuring the shell of the house is secure and up to code.
• Final Stage: The Final Stage inspection happens once construction is completed but before you can occupy the home. This ensures that all the work matches the approved plans and meets the required safety and quality standards.

These inspections are the minimum requirements, but depending on your project, additional inspections may be necessary. For example, if you’re using a Certified Permit (BA1), the surveyor’s certificate of design compliance may require further inspections for items like waterproofing or final plumbing checks.

It is the responsibility of the builder to organise and schedule the mandatory inspections with the surveyor or certifier at the appropriate stages of construction.

Missing a required inspection can halt the project or lead to non-compliance, delaying your build. After each inspection, the surveyor will issue an inspection certificate to confirm that the stage has passed and complies with the approved plans. If any defects are found, they must be fixed before moving on to the next stage of construction.

Step 6: Notice of Completion and Occupancy (BA7/BA9)

Congratulations, your new custom home is completed and ready to move in! Before you officially settle in, there’s just one final step to take care of: finalising your permit. Here’s what you need to know:

Notice of Completion (BA7)

Within 7 days of completing construction (or any stage for which a separate permit was issued), you must submit a Notice of Completion (BA7) to the local council. This form notifies the council that your building work is complete. Failure to submit the Notice on time could result in a fine of up to $10,000, so be sure to take care of this promptly.

Final Inspection & Occupancy Permit (BA9)

After submitting the Notice of Completion, a final inspection by the surveyor will take place. If everything is in order, the surveyor will issue the Occupancy Permit (BA9). This document confirms your home’s classification and approved use, and may include specific conditions, such as maximum occupancy or operation hours.

During this final inspection, make sure to provide all required trade compliance certificates, such as those for electrical safety, gas plumbing, glazing, and waterproofing. These documents are essential for the final approval.

You cannot legally occupy or use your new home until the Occupancy Permit is granted. Without it, issues like insurance claims or property sale approvals may be jeopardised. Once you receive the BA9, the permit process is complete, and your home is officially cleared for habitation.

Difference in WA Building Law for Commercial & Residential Projects

While both commercial and residential projects follow the same overall legislative framework (planning approval, building permit, inspections, and occupancy), the process for commercial buildings (Class 2–9) is stricter and requires more detailed documentation. If you’re building a custom residential home (Class 1), the process is a bit more straightforward.

For commercial projects, preplanning often involves local community approval whereas in a residential project it likely only needs to be approved by your local council. The permit process must also follow the BA1 (Certified Application) route. This means commercial projects need to work with a registered building surveyor and often hire additional specialists like fire engineers, lift consultants, and more. These extra experts help ensure that the design meets the higher standards required for commercial spaces.

Building Laws for Custom Home vs a Standard Home Build

Custom home builds and standard home builds follow the same general legal framework, but there are a few key differences, particularly during the planning and design stages.

For a custom home, the planning approval process allows for more customisation and flexibility, meaning you have the opportunity to create a home that truly reflects your unique vision. Custom homes are typically designed by architects or custom builders, allowing for tailored site features, bespoke materials, and design elements that are one-of-a-kind. However, this flexibility means that the design plans often require more detailed drawings and potentially additional rounds of review to ensure they meet council and code requirements.

In contrast, standard home builds (typically offered by volume builders) follow pre-designed plans that have often already been code approved. This can make the process faster and simpler, but it means less room for personalisation and a more “cookie-cutter” approach to design.

At the end of the day once the plans are finalised, both custom and standard homes follow the same steps for obtaining permits, Certificate of Design Compliance (CDC), inspections, and occupancy certificates. So, while a custom home build may involve more upfront planning, it offers far more flexibility and the opportunity to create a home that is truly yours, tailored to fit your lifestyle.

Work With a Custom Home Builder to Simplify the Process

We hope this guide has helped clarify the various steps involved in building your custom home in Western Australia, from planning approval and permits to mandatory inspections and final approvals. We understand that navigating the legal requirements and understanding the permits can be overwhelming, especially when you’re planning a unique, one-of-a-kind home.

If you’re still feeling unsure, as experienced custom home builders, we handle all of these details for you, ensuring that your project runs smoothly and complies with all the necessary regulations. With us by your side, you can relax and focus on creating the home of your dreams, knowing we’ve got the permits, approvals, and paperwork covered.

If you’re ready to start your custom home build or have any questions about the process, don’t hesitate to reach out. We’re here to help you every step of the way.