ADVICE TO APPLICANTS

Building Applications

One of the core activities of King Island Council is to regulate the construction of buildings.

The Building Permit process regulates the construction and alteration of buildings by assessing proposed construction or alteration work against the requirements of the building legislation and the Building Code of Australia (BCA). Plumbing permits are also usually part of the building permit process.

FREQUENTLY ASKED QUESTIONS

1. What legislation controls building?

2. What is the difference between a Building Permit and a Planning Permit?

3. What do I need to know about accreditation and indemnity insurance?

4. How do I find an accredited builder, surveyor or architect?

5. What are my responsibilities before I start as an owner-builder?

6. When is a Building Permit required?

7. Can I start doing works on the site before I have a Building Permit?

8. What does the Building Permit process involve?

9. How long does it take to get a Building Permit?

10. What fees will I have to pay to obtain a Building Permit?

11. If my Building Application is refused, what can I do?

12. What forms do I need?

1. What legislation controls building?

The relevant legislation relating to building, which a council has a responsibility to administer are the:

Building Act 2000

Building Regulations 2004

Plumbing Regulations 2004

The Commonwealth's Disability Discrimination Act 1992 may also have an influence on design and construction outcomes.

However, the single most important document controlling the detail of building construction is the Building Code of Australia (BCA). This code is produced and maintained by the Australian Buil ding Codes Board. The BCA is given legal standing under the Building Act 2000 in Tasmania, similar to legislation in the other States and Territories.

2. What is the difference between a Building Permit and a Planning Permit?

A Building Permit authorises the construction and alteration of buildings by assessing any proposed new buildings, structures or alteration work against the requirements of the Building Code of Australia.

A Planning Permit authorises the use and development of land by assessing proposals against council planning schemes and the State's planning legislation. It particularly examines the impact of the proposed development or use on the surrounding area, whereas Building Permits focus on the proposed structure, its safety and amenity.

3. What do I need to know about accreditation and indemnity insurance?

To ensure buildings are constructed safely and competently, the Building Act 2000 has introduced a system for mandatory accreditation and insurance for all qualified:

• designers (including architects, building designers, engineers and building service designers) responsible for the design of buildings;
• building surveyors and assistant building surveyors responsible for the assessment of design and building work;
• builders (including domestic, commercial, construction managers, fire protection services and demolishers) responsible for the construction (or demolition) of buildings.

The Building Act requires that such accredited building practitioners carry out the design, construction (or demolition) and assessment of all building work that requires a building permit and is valued over $5000.

Building work totalling less than $5000 still requires a building permit, but not necessarily a qualified building practitioner.

Building practitioners will be accredited in the appropriate Category and Class for the work that they can perform. They may be accredited in more than one Category. A Category is a broad description of the building practitioners normal work or occupation. Within each Category of Accredited Building Practitioner (ABP) there may be several Classes.

Housing Indemnity Insurance

If you are building or extending a house and the cost is more than $12,000 you will need to ensure that your builder has a Housing  In dem ni ty Policy. This policy is required under the Housing Ind emnity Act 1992.

Housing Indemnity Insurance provides cover for six years from the completion of the building for:

• any construction defects that occur
• work not completed due to the death, insolvency or bankruptcy of the builder
• work that is deficient and not fixed.

Owner Builders

Genuine owner builders can still build without the accreditation or indemnity insurance requirements of qualified professionals.

However, according to the Housing Indemnity Act 1992 if you sell your house within 6 years of completion, you will need to:

• have the house inspected by an accredited person and keep a copy of the inspection report - an authorised insurer can suggest a qualified person.
• obtain indemnity insurance cover as specified by an Owner-Builder Ministerial Insurance Order. Details are available from Workplace Standards Tasmania, (DIER).
• provide a copy of both these documents to the new owner, prior to signing the contract of sale.

Please consult Consumer Affairs and Fair Trading for further up-to-date information concerning Housing Indemnity.

4. How do I find an accredited builder, surveyor or architect?

Workplace Standards have a register of all accredited building practitioners (eg. architects, Surveyors and Builders) in Tasmania. To access the register visit Workplace Standards Tasmania websit:

www.wst.tas.gov.au/industries/building/bpa   and select "Locate an accredited building practitioner".

For licensed Plumbers  visit  www.wst.tas.gov.au/industries/licensing/licensed_worker_search

For futher information or help, please call the Helpline:

(03)  6233 7657 (for callers outside Tasmania)

1300 366 322 (for callers within Tasmania)

5. What are my responsibilities before I start as an owner builder?

The Building Act 2000 allows genuine owner-builders who are not professional builders to construct a house on their own land. However the Act restricts an owner-builder's activity to no more than two residential buildings in ten years.

As an owner-builder applying for a building permit you must sign a statutory declaration to indicate you have read the Owner Builder Guidelines and understand your responsibilities as an owner and as a builder.

All details on the form must be correct, including reference to any Public Liability Insurance or Workers Compensation Insurance. Owner-builders are not obliged to take out an insurance policy but you are strongly advised to consider the option of having such cover.

6. When is a Building Permit required?

A Building Permit is required for the vast majority of structures and buildings with the exception of some minor structures such as small fences, some repair works and minor alterations. You should always check with Council before you commence any building, plumbing or repair works.

A Permit is required for the following types of work:

• new building work, including a new dwelling
• farm buildings/outbuildings
• renovations or alterations
• extensions and additions
• removing or altering load bearing walls
• works that may involve a change of use of the premises, eg converting a shop into a residence, or converting a garage into habitable space such as a bedroom
• garages, carports, and sheds
• swimming pools and pool fences
• building a deck
• certain other structures and improvements including building retaining walls or fences over a certain height

• demolition work is also defined as building work and requires a Building Permit.

Building work that does not require a Building Permit is set out in the Building Regulations 2004 and in the Plumbing Regulations 2004 for plumbing work.

7. Can I start doing building work on the site before I have a Building Permit?

No. You are not allowed to start any works on a site until you have received your Building Permit. This is because Council needs to:

• determine that none of the works will interfere with underground services;
• check the title for any restrictions on where buildings can go on the site.

Also, works started before a permit is issued might contravene a condition put on the permit.

Contravention of the provisions of the Building Act 2000, the Building Regulations 2000 or the Plumbing Regulations 2004 can result in an infringement notice and a fine or prosecution before a court. Council also has powers to order the demolition of illegal works.

8. What does the Building Permit process involve?

The Building Permit process first involves the assessment of a proposed building or structure against the Building Code of Australia. You will need to submit detailed construction plans to an accredited building surveyor, either a private operator or one employed by Council. The surveyor assesses the plans and then provides you with a Certificate of Likely Compliance.

The Certificate of Likely Compliance indicates that the proposed work:

• is likely to comply with the Act, Regulations and the Building Code of Australia
• has adequate fire protection measures put in place
• is capable of receiving adequate light and ventilation
• is properly provided with sanitary facilities
• provides for the safety of users inside buildings.

Next, you will need to fill in an Application for a Building Permit and provide:

• 3 copies of the Certificate of Likely Compliance;
• 3 copies of all documents referred to on that certificate;
• 3 copies of an Owner Builder Statement if you are an owner builder;
• copy of title.

Council will assess the proposal in terms of its compliance with any planning conditions, by-laws and other relevant legislation.

Building work may involve a series of inspections at various stages of construction to determine if it is being constructed correctly and in accordance with the permit documents.

At the final stage, a building surveyor will certify your plans and issue you with an Occupancy Certificate and Certificate of Final Inspection and Council will issue a Certificate of Completion. A building must not be occupied until an Occupancy Certificate is issued, indicating it is ready for use.

9. How long does it take to get a Building Permit?

A Certificate of Likely Compliance from a building surveyor must accompany an application for a Building Permit from Council. The surveyor must process a request for a certificate within 21 days or a period agreed between the applicant and the Council.

Council must then send a Building Permit or a Notice of Refusal of a Permit within 7 days of receiving the application for the permit.

10. What fees will I have to pay to obtain a Building Permit?

Building Surveyors (private or council employed) charge market rate fees for their services. Councils charge building fees to issue building permits. The current fee for a building permit is a set regardless of the type of construction planned.

Other levies

In addition to the Council building fee, there are the Building Construction Training Levy and the Building Permit Levy which are collected by Councils.

The Training Levy was introduced in 1991 under the Building & Construction Industry Training Fund Act 1990. This levy is charged on any building project over $12,000 and is calculated as 0.2% of the estimated cost of the building, as indicated in the contract or on the building application form.

It is usually paid to Council when lodging the building application but can be paid directly to the Tasmanian Building & Construction Industry Training Board.

The Building Permit Levy came into existence with the Building Act 2000. Calculated as 0.1% of the total estimated cost of building and plumbing work valued at $5,000 or more, it must be paid before Council issues a building permit.

This levy is paid into a special fund and used solely to develop a better regulatory environment for Tasmania's building industry.

Click to open the PDF file for current current Council Fees and Charges Fees and Charges. Fees and Charges 2012 - 2013(57 kb)

Application is refused, what can I do?

If a building application has been refused, there are usually slight changes that can be made which will make it acceptable. You can talk to either your builder or Council's building surveyor and discuss ways in which your application can be amended and therefore successfully lodged.

Another course of action can be to contact the Building Standards and Regulation and discuss the situation with their officers.

Under Part 12, Division 2 of the Building Act 2000 you can appeal a refusal to issue a permit (or non issue of a permit) to the Building Appeal Board.

12. What forms do I need?

For all prescribed building work on King Island that is not exempt under the Building Regulations 1994, and it is intended to use Council's appointed building surveyor, you will need to submit the combined application form. However, if you intend to use a private building surveyor to obtain a Certificate of Likely Compliance, request from Council an Application for a Building Permit (Form 2).

If you propose to be an owner builder responsible for all works and contracting involved in the proposed construction, an owner builder statement (Form 34) will need to be submitted with the application for a building permit.

If you intend to install a solid fuel heater unit, an application for a Heating Appliance Certificate (Form 53).

If you intend to undertake plumbing work, an application for a Plumbing Permit (Form 19) or Special Plumbing Permit (Form 19A) may be required.