Are you planning to build or renovate on your property?
Have you obtained all relevant building and/or planning permits prior to commencing building work?
The definition of ‘building works’ includes new buildings, demolition and/or alteration to an existing building and under State legislation, a building permit is required before the commencement of such building works. It is an offence under the Building Act 1993 to carry out building works without a permit and a penalty of 100 penalty units (One penalty unit is $161.19) applies for illegal building work undertaken without a building permit. An obligation of council's building surveying team is to receive enquiries and complaints in relation to suspected illegal building works where we are required to carry out statutory compliance and enforcement matters. To find out more about Building Notices and Orders please click here and to submit a complaint please click here.
The issue of a building permit ensures that the building complies with building legislation which was designed around safety to occupants located in and around the building.
A Building Permit is generally required for:
- External work to your building including extensions, verandas, garages and second storeys
- External work to your building that requires windows or walls to be moved or altered
- Any new building
- Demolition of a building
- Change of use of a building eg: from warehouse to dwelling
- A fence
- Construction of a swimming pool or spa
- Minor structures eg. carports, roller doors etc.
- The installation, alteration or removal of any Essential Services
Click here for more information on when a building permit required.
If you are unsure whether you need a Building Permit please contact our Building Team on 9581 4130.
Where a planning permit is required, the planning permit must be issued prior to the Building Permit being granted. To find out more about a Planning Permit please click here.
Sometimes works will also require an Asset Protection Permit, this is when works are deemed by Council to pose a risk to Council infrastructure, for example, damage to footpaths, kerb and channel, nature strip, street trees, roads and drains.
Why obtain a Building Permit?
Having a building permit ensures that:
- The building contractors are registered
- The building contractors carry the required insurance
- Adequate documentation is prepared for construction
- Independent review of building documentation occurs
- Key stages of the work are independently inspected
- Your building is independently assessed as suitable for occupation.
Who can issue a building permit?
Local councils and private building surveyors can issue building permits, undertake inspections and issue occupancy permits/certificates of final inspections.
Since the introduction of the privatized system, property owners or their agents have had the choice as to who issues their building permits and carries out the subsequent inspections, being either the Council's Municipal Building Surveyor or a registered private building surveyor. A municipal building surveyor is a statutory officer required by, and answerable to, the Council whereas a private building surveyor is a fully independent person not associated with or controlled by Council.
The building surveyor who issues the building permit is responsible for ensuring that the building work complies with the requirement of the Building Act 1993, Building Regulations 2018, the Building Code of Australia and any associated Australian Standards. The Building Act contains provisions to promote that only one building surveyor carries out the required functions in regards to issuing permits and carrying out inspections. That building surveyor may, however, engage qualified and registered building inspectors to carry out the building inspections during the course of construction.
A municipal building surveyor or a private building surveyor appointed to issue a building permit in respect of particular building work has power to enforce compliance with the Building Act and Building Regulations through various methods including issuing building notices and orders. Any person who fails to comply with a building order can be prosecuted in the Magistrates Court. Where a private building surveyor issues a building order but it is not complied with, they are required to refer the matter to the Building Commission.
Where can I apply for and obtain a building permit?
The City of Kingston Building Department is currently not undertaking the process of issuing Building Permits until further notice.
You may seek to engage a Private Building Surveyor to carry out this service for you.
Here is a link where you can search for multiple types of Registered Building Practitioners such as builders and draftspersons to assist you with all of your development needs.
For more information please call us on 9581 4130 or alternatively, come down with your plans and ideas to Level 1, 1230 Nepean Highway Cheltenham for a chat with our Building Surveyor on duty between the office hours of 8.30am - 5.30pm, Monday to Friday.