What is it?
The purpose of the Asset Protection Permit (APP) is to ensure that Council’s public assets and infrastructure, for example footpaths, nature strips, roads, kerb and channel, trees, drains and pit lids, are kept safe during all types of demolition and building works. The APP also allows Council to recover the costs of repair from the permit holder, rather than ratepayers.
Taking out an APP also protects the applicant against paying for damage that may have existed prior to the commencement of their building works.
The property owner or the builder may be the 'person responsible for the work'. The responsible person is liable for any damages and repair to Council’s satisfaction. Under the APP the applicant shall be held liable for any damages caused by the building/demolition works.
Under an APP there is also a requirement that building sites are kept safe for all public and pedestrians.
When is it needed?
A permit is usually required for all works covered by a building permit. In some instances lightweight construction activities may be granted an exemption from the need to obtain an APP. For exemption to be granted the project must be for a lightweight structure under 30sqm, for example a carport or verandah; with the condition that pre-existing and post construction photos of Council assets are submitted to firstname.lastname@example.org.
Under Council's Community Local Law August 2015, Items 133 - 137, failure to obtain an APP may incur a $200 first offence penalty and possible further penalty units for each day contravention continues.
What will it cost?
The APP fees are made up of two different components:
(1) Non-refundable fee: $268 (GST N/A)
(2) Security Bond – Minimum $1000*
*The minimum security bond applies to most residential building works. However for commercial and large-scale developments a higher security bond is applicable. During your application process you will need to specify the cost of your project which will determine the applicable security bond amount. Ensure the correct information is provided at time of application as providing incorrect information will delay your application process.
The applicable security bond is calculated based on the estimated cost of the project as follows:
•total project value is under $100,000 = $1,000 bond
•total project value is between $100,000 - $1,000,000 = $2,000 bond
•total project value is between $1,000,001 - $5,000,000 = $5,000 bond
•project value is over $5,000,001 = between $10,000 - $20,000 bond
The security bond (2) will be fully refunded at the completion of works if no damage has occurred as a result of all works.
In cases where the property is accessed via a park/reserve there is an additional security bond of $1500 required. However this security bond will be fully refunded at the completion of works if no damage has occurred, as per the (2) security bond.
What is a security bond?
A security bond is required to cover any potential costs associated with damages to Council infrastructure as a direct result of your works.
Upon completion of your building works you will need to apply for return of your Security Bond – which you can do by clicking here. At this time Council Officers will undertake a final inspection to determine if any Council assets were damaged during your building works.
If the final inspection confirms that no damage was caused to Council assets, Council will return your security bond within 28 working days.
If the final inspection confirms new damage to Council assets, Council will liaise with the permit holder to repair the damage, in accordance with Council standards and conditions. If Council need to undertake the rectification works, the costs will be deducted from the bond and the remainder refunded to the applicant accordingly. If the rectification costs exceed the bond amount, Council will cover the excess and invoice the permit holder to recover the additional amount.
How can I apply?
All applications for an APP can now be done online by clicking on this link - Apply Online.
For help using our Online@Kingston service a detailed ‘How To Instruction Manual’ is available in 'Related Information'. **Don't forget to use the links at the start of the document to navigate to your desired location.
It is important to note that as part of the application process, and before commencement of any works, a 'Pre-Existing Condition Form' will need to be completed - this can be completed electronically as part of the online application process. However a copy of the form has been included in ‘Related Information’ to assist you gather this information to support you during your application process.
Submission of this report is a mandatory requirement and your application will not be processed if the report is not provided. This will result in the delay of receiving approval to start any building works.
If you are unable to use the online function or do not have a credit card to process payment you are able to visit one of Council’s customer Service Centres to complete an application form which can be submitted together with the payment. Please note this will increase the number of days for issue of your permit and may delay your building works.
Why should I notify Council of any existing asset damage?
Notifying Council of existing damage will ensure you do not incur rectification / repair costs for defects not associated with your works. The Pre-Existing Condition Form provides documented evidence of existing conditions, which Council can reference when undertaking the final inspection on completion of the works.
If you are unable to use the online function you are able to visit one of Council’s customer Service Centres to complete an application form and submit together with payment. Please note this will increase the number of days for issue of your permit and may delay your building works.
How can I claim back my security bond?
To claim back your security bond simply lodge a request using this link - refund request
To assist you in ensuring that your final inspection and security bond refund is successful on the first inspection, make sure you check off these items as completed:
☐ Has all landscaping and front fence construction been completed?
☐ Have all stones, rubble, concrete or building materials been removed from the nature strip and footpath?
☐ Has the nature strip been properly reinstated and is the seeded top dressing soil level with the concrete?
☐ Has the offset area (between footpath and property line) been filled and made level with footpath?
☐ If any Council assets, including footpath, kerb, channel or vehicle crossings were damaged during the building works, have they been reinstated to Council specifications?
☐ If any storm water or service authority pit lids were damaged have they now been reinstated? Please note it is the applicants responsibility to contact the relative authority to arrange repair.
☐ If the road surface outside your property was damaged during all building activities, has it been reinstated as per Council specifications?
How long does it take to obtain a permit?
If applying online and all correct information has been supplied, you may be able to start works immediately. However if the total cost of the project is over $5,000,000 further liaison with Council’s Asset Protection Officer will be needed to confirm the correct security bond amount. Starting works immediately following your online application is dependent on providing correct information at this time and is part of the conditions associated with any building or construction works at the applicable property.
If making an application at one of council’s customer service Offices the permit will be issued within 10 working days, subject to receipt of all required information.
How long is the APP valid for?
The permit is valid for 12 months from the date of issue, unless an application is made to extend.
Other permits that may be required?
Use the following links to confirm if other permits that may be required for your works:
Vehicle Crossing Permit Vehicle Crossings & Road Opening Permits
Road Opening Permit Vehicle Crossings & Road Opening Permits
Road Occupation & Works Traffic & Transport Management
A development can have several stages; demolition, construction, pool installation and landscaping.
An APP is required for all works from commencement to completion of the development.
An owner or builder can take out one permit to cover all stages of the development and the security bond will be reimbursed when all works are completed.
If an owner or builder does not take out a permit for all works, then a permit and security bond will be required for each stage. The security bond will be reimbursed to the demolisher/builder/landscaper/pool company upon completion of each stage. In this case, 3-4 permits will be required for the development works.
Note: damage to Council assets is ultimately the owner’s responsibility.
Reinstatement of infrastructure assets
Damaged infrastructure assets e.g. kerb and channel, footpaths and vehicle crossings etc., must be reinstated to Council standards. Download standard drawings for kerb and channel, footpaths, vehicle crossings, etc. from 'Related Information'. If reinstatement works are required then Council officers must inspect pre-pour of all infrastructure reinstatements. Information on Vehicle Crossing/Road Opening Permits can be downloaded from Related Information.
Provided that only reinstatement works are required and there is no change to the asset, reinstatement of the vehicle crossing can be done under the Asset Protection Permit. However, the 'Conditions of Vehicle Crossing Permit' must be adhered to at all times and concreters MUST arrange for a pre-pour inspection by calling our Customer Service team through 1300 653 356.
How do I extend my permit?
If your works need to be extended, you need to complete and submit the 'Application for APP extension permit' which can be downloaded from the 'Related Information' section.
To extend a current permit there is a 50% charge of the current application fee - as at July 2018 the fee for a permit extension is $134.00.
An expired APP is not able to be extended. Therefore if the APP lapses without an approved extension beforehand you will need to make a new application.