Building

A building licence is required to construct a building, including a swimming pool, or to alter, add to, repair or underpin any earthworks incidental to that construction, alteration, addition or repair. It should be noted that if it is proposed to undertake work that will change the configuration of the exterior of the building, it may be necessary to first obtain planning approval from the Council. Details of how to apply for a development application are available on the Town Planning page.

For further information on swimming pools, please refer to the swimming pool section on this page.

BUILDING LICENCE APPLICATION PROCESS

A building application is made by completing and lodging a Building Licence Application. The following information must accompany the application.

Building Details

Three complete sets of drawings (to a scale of not less that 1:100) showing:

  • A plan of every storey;
  • Two elevations;
  • One or more sectional elevations;
  • The height of each storey;
  • Details of footings
  • Details of any underpinning
  • Level of each floor;
  • Construction of the floors, walls and roof;
  • Any other information the building surveyor may require, all clearly figured and dimensioned.

Lot Details

A site plan at a scale of not less that 1:500 showing:

  • Street name, lot number and details of the certificate of title of the lot with the north point clearly marked;
  • Dimensions and configuration of the site;
  • Site levels in 0.5 metre increments, either to the Australian Height Datum or a readily identifiable assumed datum;
  • Location and size of any existing sewers and storm water drains;
  • Location of street trees, if any, between the site and the roadway. 

Specifications

Two copies of the specifications are required and must describe the material to be used in the construction and, where not indicated on the drawings, the size of those materials, together with all other information not shown on the drawings which is necessary to show that the building will, if constructed in accordance with the specifications, comply with the Building Code of Australia. 

Cost Estimate

An estimate of the cost of the proposed construction and, when so required by the building surveyor, the name and address of any registered, practising structural engineer or other person under whose supervision the construction is being carried out. 

It is illegal for the Council to issue a building licence where the value of the work, including material and labour exceeds $20,000 unless the person is a registered builder or the person wishing to obtain the building licence completes an ‘Owner-Builder Statutory Declaration‘ in accordance with the Builders‘ Registration Act 1939.  Further detail on owner-builders can be obtained on the Builders‘ Registration Board web site

The applicant must also refer commercial type buildings to the Fire and Emergency Services Authority of WA (FESA) for its comment and advise on compliance with the fire prevention requirements of the Building Code.  For further information, contact FESA on (08) 9323 9300.

Consideration of the Building Application

Building applications are recorded, and assessed for compliance with the planning approval (if applicable), the Building Codes of Australia and the relevant health legislation. Where the building surveyor is satisfied that the application complies with the above, a building licence is prepared and applicants are advised by post when the licence is available. Where the application does not comply with the requirements of the Building Code, a letter detailing the areas to be addressed is forwarded to the applicant. 

Issue of Building Licenses

There are charges for a building licence.  In addition there is a special levy known as the Building and Industry Training Fund (BITCF).  This fund has been established by the State Government to assist in the training of apprentices in the building trades. Details of the building licence charges and the BITCF can be obtained by contacting the Administration Officer Development Services on (08) 9285 4300. 

A building licence becomes void if the work is not substantially commenced within twelve months or work authorised by that building licence is not completed within two years.  The Council or the building surveyor may extend the period in which to commence or complete the building. 

A building licence is issued with a number of conditions.  These conditions should be read and fully understood prior to commencing work.   

The building surveyor should be notified in writing 24 hours prior to the pouring of footings. 

Storage of Building Materials, Bulk Rubbish Container, Equipment Sheds or Debris on the Road Verge

No building material, equipment, sheds or debris may be stored on the road reserve without Council approval.  Details of when and under what circumstances material may be stored on the verge are referred to in Council’s Policy TS19, which can be viewed by accessing the Council’s Policy Manual and moving to TS19. 

To obtain Verge Permit, it will be necessary to complete and submit an Application for Permit to Store Building Material or Place a Bulk Rubbish Container on a Thoroughfare.

OWNER BUILDERS

 It is unlawful for a Council to issue, or for a person to obtain, a building licence for work if the value of the work exceeds $12,000, unless that person is a registered builder. However, an owner may lawfully obtain a building licence for the construction of, or additions to, his or her dwelling by completing a statutory declaration.  Further information is available from the Builders Registration Board.

DEMOLITION 

A demolition licence must be obtained prior to commencing to take down a building or a part of a building.  To obtain a demolition licence, it will be necessary to complete and submit an Application for a Demolition licence.

Prior to issuing the demolition licence, Council will need to be satisfied that the appropriate baits have been laid so as to destroy any rodents harbouring in the building. Baits must be in place a minimum of seven days prior to the issue of the demolition licence.  A pest control company can place the baits for you at commercial rates. Unused baits should be removed from the site to prevent accidental poisoning of children or domestic animals.

To demolish any place listed on the Council’s Municipal Inventory, it will be first necessary to obtain planning approval.

NOISE

No building or demolition work shall be carried out:

    (a) Before 7.00 am or after 6:00 pm Monday to Saturday inclusive
    (b) Sundays or Public Holidays

SWIMMING POOLS

Special regulations apply to swimming pools to restrict access to the pool by young children.
A
condition is placed on every swimming pool new or existing that requires it be approved and inspected by an officer of the Council to comply with the information provided

FOOTPATH DEPOSIT AND REFUND

When lodging an application for a Building or Demolition Licence, you will be required to lodge a Footpath Deposit with Council.  The purpose of the deposit is to cover the cost of any possible damage to the footpath, kerbing, roadway or verge during building operations. 

You may seek a refund of the deposit by submitting written confirmation that the project is completed and requesting the deposit be refunded.  Council will inspect the building site for any damage prior to forwarding a refund cheque to your nominated mailing address.  If damage has occurred, our Works Supervisor will contact you and negotiate the cost of the necessary repairs. 

Allow approximately two weeks from the date of your refund application for a cheque to be issued, unless delays are caused when establishing the cost of any repairs. Please note that a refund can only be made to the original payee unless that person authorises, in writing, payment to an alternative party. 

FENCES

Council has prepared a local law relating to fences.  This local law, known as the Town of Claremont Fencing Local Law 2000,is designed to control the height and design of front fences, the height of side boundary fences and to define a ‘sufficient fence’ for the purpose of the Dividing Fences Act 1961.  

All front fences must comply with the local law.  Fronts exceeding 1.2 metres in height require a building licence .  Where a proposal complies with Council Policy DS26 - Front Fence, Council’s Building Surveyor may grant approval.  To view the Policy, access the Policy Manual and move to Policy DS26.  This Policy encourages open type fences, which allow clear views from the dwelling to the street. 

Other applications are referred to Council.

Dividing Fences

Where property owners and occupiers require further information and advice about their legal rights and responsibilities in relation to dividing fences they can obtain a booklet “Dividing Fences – a Guide” from  Building Management & Works at www.bmw.wa.gov.au  telephone (08) 9488 2722 or 1300 720 715.  This booklet explains the rights and responsibilities of property owners and occupiers under the Dividing Fences Act 1961.  The booklet addresses key concerns including procedures for erecting new fences and repairing existing fences.  

SIGNS

To apply for a sign licence, applicants need to provide:

  • A site plan showing the location of the sign; and
  • An elevation diagram showing dimensions and message

Signs Application Process

1.      Application received by Council
2.      Property identified
3.      Application processed for compliance with local law
4.      Sign licence prepared
5.      Licence is available and sent out.

Application Form

You will need to submit a Sign Licence Application Form for a sign licence. 

A Sign Application Checklist is provided to assist you in completing the Sign Licence Application Form. 

Schedule of Fees and Charges

There is a fee of $115 payable on lodgement of a Sign Licence Application Form.