Ancillary Dwelling (Granny flat)

Asbestos

Is asbestos safe and do I need approval to remove asbestos?

Left undisturbed in buildings, asbestos cement building products pose little risk to health. As such there is no need to remove or to coat asbestos cement materials that are in good condition. However any damaged asbestos products do need to be removed and disposed of accordingly. Anyone removing more than 10 square metres of asbestos must undertake training prior to applying for a Restricted Asbestos Removal License from WorkSafe. Handling asbestos is to be in compliance with the Health (Asbestos) Regulations, the Occupational Safety and Health Regulations 1996, the Code of Practice for the Safe Removal of Asbestos 2005 and the Environmental Protection (Controlled Waste) Regulations 2004. Please refer to the 'Asbestos Removal & Disposal' information sheet.

Building permits

Do I need a building permit for my BBQ or letterbox?

No. The City of Albany does not require a permit for a letterbox or bbq.

Do I need a building permit for my Front or Boundary Fence?

As per the Building Regulations, any fence, screen or similar will need a building permit for any masonry (brick, concrete etc) wall over 0.75m (note that Structural Engineers certification required over 1m).

If constructed of anything other than masonry, a building permit is required if height is over 1.8m (note that structural detail may be required if fence or wall is over 1.2m - if the fence is a front fence and solid above 1.2m it will also need Development Approval).

Please refer to the legislation link box below to download the Building Regulations 2012 PDF document - see Schedule 4 CI2 Item 4.

Do I need a building permit for a cubby house?

A building permit will only be required if overall height exceeds 2.4m and the floor area exceeds 10m2.

Please refer to the legislation link box below to download the Building Regulations 2012 PDF document - see Schedule 4 CI2 Item 1.

Do I need a building permit for a pergola?

If associated with a dwelling, a building permit will only be required if more than 2.4m in height and covers an area exceeding 20m2.

Please refer to the legislation link box below to download the Building Regulations 2012 PDF document - see Schedule 4 CI2 Item 7.

Do I need a building permit for a garden shed?

A building permit will only be required if overall height exceeds 2.4m and the floor area exceeds 10m2. The garden shed must be free standing and not attached to the dwelling.  Even though no building permit required, due regard must be given to the Building Regulations, including fire separation distances.  If in doubt, please contact us for advice.

Do I need a building permit for a shade cloth shelter?

A building permit will only be required if overall roof cover exceeds 20m2 and/or height exceeds 2.4m high. (This is the same as for a Pergola).

When do I need a registered builder?

You will need a registered builder for any work over $20,000 (private or commercial).

Do I need to apply for a building permit if I am just replacing an existing structure?

Yes. Note: Energy Efficiency may also be affected by building additions/replacement etc. Check with your builder to ensure that building work complies with current regulations.

Do I need a building permit to place a sea/shipping container on my lot?

Yes.

How long is a building permit valid for?

Two years with options to apply for extensions beyond that time.

What do I do if my builder does not complete his work and I have another builder to finish?

The original builder will need to complete a Notice of Cessation (BA8) which advises the work completed and work not completed; along with all certificates or proof of tests completed to date of cessation. The new builder will need to apply for a building permit for the remainder of work.

Do I need Water Corporation approval when I apply for my building permit?

Water Corporation approval is required when you are carrying out any building or renovation activity on your property. They check your plans to ensure that existing services are protected and can be easily accessed for maintenance and emergencies; and that the right water and sewer connections will be available to service the building or development. There are some structures that are exempt from obtaining this approval. These include:

• Demountable above ground pools and spas.
• Pergolas.
• Patios.
• Gazebos.
• Lightweight (demountable) sheds with floor area not more than 42m2.
• Temporary buildings on construction sites (including site offices).
• Refits/additions under a main roof where there is no change to the water or wastewater appliances.
• Retaining wall less than or equal to 1.2m.
• Masonry structures less than or equal to 1.8m.

For further information, you can contact the Water Corporation by email: [email protected].

Clearing for Bushfire Attack Level (BAL) etc

Clearing for Bushfire Attack Level (BAL), Bushfire Management Plans or BAL Contour Plans

Do I need approval to clear vegetation on my lot?

 Yes, in accordance with Local Planning Scheme No. 2 (schedule 6 Table 13), all land clearing requires a Development Approval unless you meet one of these exemptions:

1. All land clearing requires the prior development approval of the local government, with the exception of the following:
   1. Any clearing, including the provision of firebreaks, that is authorised under the Bush Fires Act 1954 (as amended);
   2. Any clearing carried out in accordance with an approved Bush Fire Management Plan;
   3. Clearing where a building permit has been issued and no development approval for the building is required;
   4. Any clearing of vegetation not native to Western Australia;
   5. Any clearing of vegetation that has been designated as a noxious weed under the Agriculture Act 1988 (as amended);
   6. Clearing in accordance with the Environmental Protection (Clearing of Native Vegetation) Regulations 2004 (as amended);
   7. The lopping of native vegetation for stock fodder in any period of declared drought if the continued health of the vegetation is not affected;
   8. The clearing of any vegetation planted for the purposes of harvesting including farm forestry;
   9. Clearing in accordance with any other Act or Regulation.
2. Wherever suitable alternatives exist, development is to be located outside of areas which would require the removal of vegetation.
3. Where suitable alternatives do not exist, the local government may require a flora and fauna study to determine locations on the site where development could occur with the least possible impact.
4. Where the removal of vegetation is required, the local government may require that offset planting be undertaken by the proponent. Offset planting shall be an equivalent area of land to be revegetated with native vegetation indigenous to the locality on the land the subject of the application, or on public land managed by the local government or with the consent of the land owner(s) on other land in their ownership to ensure that there is no net loss of native vegetation to the local government. Offset planting shall be protected in perpetuity through a conservation covenant or equivalent legal instrument were located on private land.
5. The local government may refuse a planning application if the removal of vegetation, in the opinion of the local government, would result in detrimental impacts on existing environmental values, amenity or the landscape.

 Note: Defining of boundaries should not require the clearing of vegetation. Note that fencing would not be appropriate as a means of ‘demarcation’ within a vegetated area, as it could lend to habitat fragmentation and inhibit fauna movement.

Can I clear my property before I have any approved permits?

You shouldn't clear your lot to prepare for building until you have an approved building permit issued for lots under 1100m².  For lots over 1100m², where bushfire reduction clearing is required to reduce a Bushfire Attack Level (BAL) under your planning approval, clearing will be required prior to submitting a building permit - with a revised BAL report showing the reduced BAL level.  You may also need to check with the Department of Water and Environmental Regulation (DWER) if the clearing involves native vegetation to ensure a permit is not required.

What is the order in which to apply for approvals and for clearing?

1. Apply for Development Approval that includes your BAL/Bushfire Management Plan (BMP) or BAL Contour Plan (as appropriate and depending on the use and the property;
2. Once a Development Application is approved, contact DWER for advice and approvals on vegetation to be cleared;
3. Clear vegetation in accordance with the BAL/BMP or BAL Contour Plan and DWER advice and approvals; and
4. Obtain and submit BAL certificate/BAL report with Building Permit application.

Cubby houses

What approvals do I need to build a cubby house?

Cubby houses (as well as pergolas, play fixtures and dog kennels) are not included in the definition of building and are exempt from planning control, unless the cubby house structure exceeds 10m2 or has an overall height of 2.4m. In this case a building permit will be required.

For further information on planning controls see Residential Design Codes Part 5, Cl 7.3 Explanatory Guidelines. Also, see Building Regulations 2012 Schedule 4 Cl2 Item 1.

Demolition Permits

How long does a demolition permit last for?

You have 2 years to complete.

What is required to accompany an application for a demolition permit?

You need a site plan showing location of building to be demolished; existing services; and if partial demolition, elevations can be provided. Note, Water Corporation approval is not required.

Do I need planning consent before applying for a demolition permit?

A demolition does not require planning consent unless the building or structure to be demolished is listed; or the area it is within is listed on a Heritage Register (either Local or State) or has other heritage implications. You should check with our enquiry staff to see if this applies to your project.

Do I need a demolition permit to remove a house?

Yes, a demolition permit is always needed for a house. You do not have to use a registered demolition contractor unless the building contains more than one storey and/or contains more than 10m2 asbestos.

Do I need a demolition permit to remove my shed?

A demolition permit is not required for a domestic 10a structure (shed) that has a floor area under 40m2 and/or less than 10m2 asbestos. A registered contractor is required for any commercial structure. Contact Worksafe on 9842 8366 for further information.

Drainage Easements

What if we wish to modify the ground level within a drainage easement?

Earthworks may require development approval. If the manhole is a City of Albany access manhole (i.e. diameter 1050mm) you will need to install a riser to bring it to the surface if you are filling over the current level.

If, after filling, you bring the riser (liner) up to ground level on the 1050mm pit, the City of Albany would arrange to visit the site and inspect it to ensure compliance (you will need to re-grout around the lid).

The 600mm liner is effectively your connection point and your responsibility; if you wish to bury it that is your choice however we always recommend they remain accessible for your own maintenance.

What distant must be maintained from manholes and connection points within a drainage easement?

A minimum of 2m clearance should be maintained from any manhole.

Earthworks & retaining walls

A retaining wall is a structure designed and constructed to support any material, usually soil, where the natural ground level has been altered by cutting (lowering) or filling (raising).

A fence should not be used to retain soil unless it has been specifically designed to do so.

How close can I build to a retaining wall?

• If you are building on the low side of a retaining wall, you can locate the building (house or shed or garage) close to the wall but you must ensure you don't undermine the footings e.g.
• If you are building on the high side of a 1m retaining wall you should generally be 1m away for single storey buildings or 1.5m away for two storey buildings - any closer would require engineer's certification.

Please refer to Retaining Walls Information Sheet below.

Do I need to contact my neighbours if I build a retaining wall on my boundary?

A retaining wall over 500mm will need development approval and neighbours will be invited to comment. You will also need to contact your neighbours and have them complete a BA20 form if you are cutting and the retaining wall is on the boundary, as it may affect the integrity of structures on their property.

The BA20 form is lodged at the same time as the Building Permit application.

For further information on Residential Design Codes Part 5, Cl 5.3.7 Site Works click here to view the Department of Planning website.

Do I need engineers certification for a retaining wall that is 1m high?

You will need a Structural Engineers Certification for a retaining wall for: any cut; and for fill over 500mm.

Please refer to Retaining Walls information sheet below.

Do I need a building permit for a retaining wall?

Yes, if you are cutting in and require a retaining wall you will need a building permit, regardless of the depth. If you are filling you will need a building permit if the retaining wall is over 500mm in height. (Note that Structural Engineers Certification is required in both cases).

Please refer to Retaining Walls information sheet below.

Do I need development approval for a retaining wall or earthworks?

Yes, if any of the following applies:

In a Residential Zone

• The retaining wall is on the lot boundary or within 1m of the lot boundary and is higher than 500mm; - Residential Design Codes Part 5, Cl 5.3.7 Site Works .
• For any excavation or filling behind the street setback line that doesn't comply with the setbacks in Table 4 of the R-Codes  - Residential Design Codes Part 5, Cl 5.3.7 Site Works 
• Retaining walls, fill and excavation between the street boundary and the street setback, over 500mm above or below the natural ground level, unless where necessary to provide for pedestrian or vehicle access, drainage works or natural light for a dwelling. - Residential Design Codes Part 5, Cl 5.3.7 Site Works

In other zones, contact the City of Albany, Planning team for advice.

Do I need planning consent to construct a dam?

Check with the City of Albany Planning team ([email protected]) by lodging a site plan and letter explaining the use of the proposed dam. If it is for farm purposes, the Local Planning Scheme exempts the requirement for development approval, however, if the dam is within a water catchment area or close to a river or creek this may trigger a need for formal approval.

Refer to Local Planning Scheme 1, Schedule A - Supplementary Provisions Cl 61 (1) (m)

Engineers Certification

When will I need to provide engineer's certification with my building permit application?

Plans are to be certified by a practising registered Structural Engineer in the following instances:

• Sheds and patios (for all engineered pine roof trusses; and all sheds over approximately 36m²)  Note: The City of Albany is prepared to look at plans from small sheds that are not certified by an engineer but they may ask to have them certified if they are not able to determine the structural adequacy of the proposed structure.
• Dwelling (soil classification and compaction certificate. A structural engineer will assess wind rating, soil classification and footing details. Note: soil test not required if dwelling/building on stumps).
• All second storey's (including additions and mezzanine floors).
• Solid masonry fences and walls over .750mm (Structural Engineers certification).
• Retaining walls - fill over 500mm and any cut (Structural Engineers Certification, soil testing).
• Water tank over 5000 litres.
• Decks more than 1400mm in height.
• Pylon signs.

Fencing

The City of Albany Fencing Local Law 2010 states;

"A person shall not, without the written consent of the Building Surveyor, erect a free standing fence greater than 1200mm in height, within the front setback area of a residential lot within the district".

A dividing fence is a fence that separates the land of different owners whether the fence is on the common boundary of adjoining lands or on a line other than the common boundary. A dividing fence does not include a retaining wall.

Dividing fences are regulated by the Dividing Fences Act 1961 (WA) and not controlled by Local Government other than what is contained in the Local Law. See legislation links below.

Council will not arbitrate disputes between neighbours on dividing fences, legal advice should be sought for those experiencing problems with neighbours.

Front fences in the Residential zone should comply with the Residential Design Codes.

Refer to Building Services for information.

Owner Builder

Do I have to be registered as an owner builder to build my own shed?

If the value of the build is less than $20,000 you can build without registering as an owner builder.

How do I register as an owner builder?

You will need to register with the Building Commission. For further information refer to the Building Commission website.

R-Codes

What is the 'R' code for my property and what does it mean?

The Residential Density Code or ‘R-code’ refers to the number of dwellings that are allowed on land within the Residential zone (density of development).

The number of houses allowed per hectare is relative to the number of the R-Code – the higher the R-Code, the higher the density eg. more houses per hectare at R60 (approx. 66) than R20 (approx. 22) (R60, 1 house per 150m2; and R20, 1 house per 450m2).

Refer to the State Planning Policy ‘Residential Design Codes’ for more detailed information. The City of Albany Local Planning Scheme 2 maps show which R-Code applies to each lot. Also see the City's property zoning online maps to view what zone your lot is classified.

Second-hand or importing dwellings

Can I relocated a dwelling?

You can ‘relocate’ an existing house to another property. A second-hand dwelling is completely different to a transportable dwelling - both will need a building permit.

A second-hand dwelling is an existing house that has been built on a property with the correct building permits required at the time of construction, which is then moved to a new location. This process will require a building permit issued to either a registered builder or a licenced owner builder.

A transportable dwelling is a new house that has been constructed elsewhere and transported to its initial location.

Note:

• An owner builder licence is only granted to the owners of the property where the building is going to be constructed or relocated to.
• A demolition licence will be required to ‘remove’ an existing house from its original location.

Do I need a soil test for a second-hand dwelling?

If the relocated dwelling is to be on stumps, you don’t need a soil test.

Can I build a new house in Perth and then transport it to Albany?

You can’t build a new home in Perth to transport to Albany unless you are a registered builder and specialise as a transportable building company.

Refer to Local Planning Scheme 2 - Schedule 6, Table 13; Table 3 - Zoning Table for advice on zones where Second-Hand dwellings may be considered and Part 6 - Land Use Definitions.

Shipping containers

Please refer to the City’s Shipping Containers Information Sheet below for more details.

Swimming pools / spas / ponds

Definition of Swimming Pool (as per NCC2014 Building Code of Australia - Volume One): means any excavation or structure containing water and used primarily for swimming, wading, paddling, or the like, including a bathing or wading pool, or spa.

Do I need a permit for my swimming pool, spa or pond?

A building permit is also required for the construction of swimming and spa pools. Development Approval may be required if earthworks exceed 600mm; if there is retaining greater than 500mm on or within 1m of a boundary; or if located within the front setback of a residential property.

A building permit is required under the Building Act and the Regulations prior to installing, constructing or altering swimming and spa pool barriers, including windows, door and gates that provide access to a swimming or spa pool area. 

What sort of barrier do I need for my swimming pool or spa?

Compliant safety barriers are required for in ground, above ground, and indoor swimming and spa pools that contain water that is more than 300mm deep.

Do I need a barrier for a child's paddle pool?

A portable wading pool that does not contain water that is more than 300mm deep does not require a mandatory child safety barrier.

Do I need to comply with safety standards for a garden pond or farm dam?

You will only need to comply with swimming pool safety standards if the primary use is for swimming, however, contact our building surveyors for confirmation if in doubt.

For further information refer to the following:

• The Building Act 2011 (WA), and to the Building Regulations 2012
• Australian Standard AS 1926.1-1993 Part 1: Fencing for swimming pools
• Residential Design Codes Cl 3.7
• Building Commission website - free publications including 'Rules for Pools and Spas'