Q - The new Building Act 2011 allows for private certification, do I still require a Building License from the Local Council?
A - Yes you will - under the new Act the Councils will be referred to as Permit Authorities. They will issue the building permit (formerly building license) for both certified and uncertified applications.

Q - What is a Certified Application?
A - Registered building surveyors can certify that a building permit application meets relevant regulations, requirements and standards through the completion and signing of a certificate of design compliance. This means that all the certification is done before the application is lodged. The permit authority (local government) will then issue the permit within the prescribed time. The prescribed time is 10 Business days.

Q - What is an Uncertified Application?
A - For prescribed buildings only (class 1 and 10 in the Building Code of Australia), the Building Act 2011 requires a local government, in its role as permit authority, to provide a certification service, as they do now. The permit authority must arrange for the application to be certified and issue the permit within the prescribed time. The prescribed time is 25 Business days.

Q - What happens if the prescribed time elapses?
A - If the prescribed time elapses then the application is deemed refused.

Q - What happens to my fees if the application is deemed refused because of elapsed time?
A - Under the new Building Act 2011 any fee collected in relation to the application for a building permit must be refunded if it is deemed refused due to elapsed time.

Q - What is the process for dealing with our Permit application if it is deemed refused due to elapsed time.
A - In accordance with the Building Act 2011 the applicant would need to seek the relevant approvals from SAT (State Administrative Tribunal).

Q - Are there any new or changes to fees under the Building Act 2011?
A - The Building Regulations 2012 (Schedule 2) document the required fees for applications, in addition to this there is a Building Services Levy and this is covered under the Building Services (Complaint Resolution and Administration) Regulations 2011 (Part 3). Both of these are available from the Building Commission website

Q - Do I need to know who the Builder is going to be when I submit an application for a Building License?
A - Under the new Act it will be a key requirement to name the Builder on the Building Permit application, if this is not completed then the Permit Authority will refuse the application, so you will need to have appointed a builder before applying for the permit.

Q - Do I require Water Corporation approval before applying for a Building Permit?
A - There is a requirement to give notification to the Water Corporation in order to apply for a permit. In some instances you will require consent from the Water Corporation before you can apply for a building permit. It is recommended that you liaise with the Certifier and Water Corporation to determine whether notification or consent is required.

If you have any other questions in relation to the role of a private certifier please contact the officeor (08)9316 2508.
The information contained above can also be verified at the Building Commission website www.buildingcommission.wa.gov.au