Do I need a permit?

While all work must comply with the National Construction Code and relevant Australian Standards, not all building work requires a building permit. For example, if you are planning to renovate a kitchen and none of the work adversely affects the structural soundness of the building or incidental structure, a permit may not be required.   

Below is an extract from Building Regulations 2012 - Schedule 4, clause 2. This legislation should be used when determining whether the planned works will require a building permit. 

If you are unsure whether your building works require a permit please contact the City’s Building Services. 

Development Approval 

Although you may not require building approval, you may still need development approval, or a ‘deemed to comply’ check from the City's planning department. It is important to remember that there are differences between planning and building approvals. For further information on planning approvals please refer to the Planning section of the Cities website found under Development Services. 

Retrospective approvals

If works were constructed without the approval of the City of Nedlands, retrospective approval may be required to avoid follow up compliance actions. 

Thoroughfare and verge usage 

Any person undertaking works on a City of Nedlands verge or is working from the road (such as craning a pool to a private property or pumping concrete onto a construction site) is required to obtain a Permit to use a verge and/or thoroughfare. 

The verge means that portion of the street between the property line and the carriageway. 

The thoroughfare means a road or other thoroughfare and includes structures or other things appurtenant to the thoroughfare that are within its limits, and nothing is prevented from being a thoroughfare only because it is not open at each end.

Building or Constructing a Swimming Pool 

If you are installing a new pool, you will need to apply for a building permit for the pool and the pool fence.  

Please note if the company installing the pool is not the same as the one installing the fence, then a separate application needs to be submitted. 

Please refer to Building Services – Applying for a permit – section of the web site for information on applying for a building permit. 

For further information on the rules and regulations surrounding pool barrier please click on the link that will take you to the DMIRS Rules for Pools Brochure created by the state government. 

 

Description of building work for which a building permit is not required

Construction, erection, assembly or placement of a free standing Class 10a building that -

  1. Has a floor area not exceeding 10m2
  2. Is no more than 2.4m in Height
  3. Is not located in wind region C or D as defined in AS 1170.2.

Renovation, alteration, improvement, repair or maintenance of a building or incidental structure if the building work - 

  1. Will not adversely affect the structural soundness of the building or incidental structure and does not include —
    1. An increase or decrease in the floor area or height of the building or incidental structure; or
    2. Underpinning or replacement of footings; or
    3. The removal or alteration of any element of the building or incidental structure that is contributing to the support of any other element of the building or incidental structure;
  2. Is done using materials commonly used for the same purpose as the material being replaced; and
  3. Will not change the use or classification of the building or incidental structure; and
  4. Will not adversely affect the safety and health of the occupants or other users of the building or incidental structure or of the public; and
  5. Will not affect the way in which the building or incidental structure complies with each building standard that applies to the building or incidental structure; and
  6. Is not work of a kind to which section 76, 77, 78 or 79 relates; and
  7. Is not subject to an order, agreement or permit under the Heritage Act.

Construction, erection, assembly or placement of a temporary office, shed or sanitary facility to be used by a builder in connection with building work carried out on the land on which the office, shed or sanitary facility is, or is proposed to be, located

Construction, erection, assembly or placement of a fence, screen or similar structure, other than a fence forming part of a barrier to a private swimming pool, if -

  1. The fence, screen or similar structure is constructed in accordance with local law made under the Local Government Act 1995 section 9.60 that applies to the construction of the fence, screen or similar structure in the district in which the fence, screen or similar structure is, or is to be, located; or
  2. the fence, screen or similar structure is, or is to be, located in a district in which there is no local law of a type referred to in paragraph (a) and the fence screen or similar structure-
    1. if constructed of masonry, is no more than 0.75m in height; and
    2. if constructed of a material other than masonry, is no more than 1.8m in height; and
    3. is not located in wind region C or D as defined in AS 1170.2

Construction, erection, assembly or placement of a mast, antenna or similar structure that -

  1. is not located in wind region C or D as defined in AS 1170.2; and
  2. if Attached to a building-
    1. Is no more than 2m in height above the highest point of attachment to the building; and
    2. will not affect the way in which the building complies with each building standard that applies to the building;
  3. if not attached to a building, is no more than 3m in height.

Construction, erection, assembly or placement of a retaining wall that - 

  1. Retains ground no more than 0.5m in height; and
  2. is not associated with other building work or with the protection of land adjoining the land on which the retaining wall is located; and
  3. is not work of a kind to which section 76, 77, 78 or 79 relates.

Construction, erection, assembly or placement of a pergola associated with a Class 1 building that - 

  1. is no more than 2.4m in height; and
  2. is not located in wind region C or D as defined in AS 1170.2; and
  3. covers an area not exceeding 20m2

Construction, erection, assembly or placement of a water storage tank with a capacity of 5000L or less

Attachment of photovoltaic panels or solar hot water systems to the roof of a Class 1 or Class 10a building that is not located in wind region C or D as defined in 1170.2.

Building work for which a building licence was not required under the former provisions if, before commencement day - 

  1. the on-site building work had commenced; or
  2. a contract to carry out the building work was entered into.

Building work for buildings owned by or occupied by, or under the control or management of the Crown in right of the State or a department, agency or instrumentality of the Crown in right of the State that - 

  1. commences before 30 June 2017; and
  2. has, when it commences, an estimated value of less than $50 000.

The installation of a roof mounted evaporative cooling unit on a building or incidental structure if -

  1. the building or incidental structure is not located in a bush fire prone area; or
  2. the building is a Class 4 to Class 9 building; or
  3. the building or incidental structure is located in a bush fire prone area and the BAL for the building site is BAL-Low; or
  4. the building or incidental structure - 
    1. is located in a bush fire prone area; and
    2. the BAL for the building site is BAL-12.5, BAL-19 or BAL-29; and
    3. the installation of the evaporative cooling unit complies with the requirements for roof penetration in respect of the building or incidental structure set out in AS 3959.