BUILDING ACT 2011

Western Australian Current Acts

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BUILDING ACT 2011

TABLE OF PROVISIONS

Long Title

PART 1 -- Preliminary

1. Short title
2. Commencement
3. Terms used
4. Term used: independent building surveyor
5. Term used: owner
6. Permit authority for a building or incidental structure
7. Which permit authority to receive application
8. Crown bound

PART 2 -- Building and demolition permits

Division 1 -- Building or demolition permit generally required for building or demolition work

9. No building work without a building permit
10. No demolition work without a demolition permit
11. Defence if permit suspended
12. Defence if emergency

Division 2 -- Applications for building or demolition permits

13. Terms used
14. Certified applications for all buildings, uncertified application for buildings of certain classifications
15. Application for demolition permit
16. Making an application
17. Uncertified application to be considered by building surveyor
18. Further information
19. Certificate of design compliance
20. Grant of building permit
21. Grant of demolition permit
22. Further grounds for not granting an application
23. Time for deciding application for building or demolition permit
24. Notice of decision not to grant building or demolition permit

Division 3 -- Building or demolition permits

25. Form and content of building or demolition permit
26. Permit for staged works
27. Conditions imposed by permit authority
28. To whom permit document issued
29. Compliance with building or demolition permit
30. Display of building or demolition permit details

Division 4 -- Duration of building or demolition permits

31. Terms used
32. Duration of building or demolition permit
33. Notice of completion
34. Notice of cessation
35. Suspension of building or demolition permit

Division 5 -- Inspections of building or demolition work

36. Regulations

PART 3 -- Building standards

37. All buildings to comply with applicable building standards
38. All demolition work to comply with applicable building standards
39. Non-application and modification of building standards

PART 4 -- Occupancy permits and building approval certificates

Division 1 -- Occupancy permits

40. Term used: occupier
41. Certain buildings not to be occupied or used without an occupancy permit
42. Display etc. of, occupancy permit details
43. Occupation, use of buildings to comply with occupancy permits
44. Compliance with occupancy permit generally
45. Regulations about safety and health matters in buildings requiring occupancy permits

Division 2 -- Kinds of applications for occupancy permits and building approval certificates

46. Application for occupancy permit for completed building
47. Application for temporary occupancy permit for incomplete building
48. Application for modification of occupancy permit for additional use of building on temporary basis
49. Application for replacement occupancy permit for permanent change of building’s use, classification
51. Application for occupancy permit or building approval certificate for unauthorised work
52. Application for occupancy permit or building approval certificate for building with existing authorisation

Division 3 -- Making and dealing with applications for occupancy permits and building approval certificates

53. Terms used
54. Manner of application
55. Further information
56. Certificate of construction compliance
57. Certificate of building compliance
58. Grant of occupancy permit, building approval certificate
59. Time for granting occupancy permit or building approval certificate
60. Notice of decision not to grant occupancy permit or grant building approval certificate
61. Form and content of occupancy permit, building approval certificate
62. Conditions imposed by permit authority
63. To whom form of permit, modification, certificate issued
64. Duration of temporary permit, modification
65. Extension of period of duration

PART 5 -- Circumstances in which building, demolition or occupancy permits not required

Division 1 -- Regulations and Ministerial orders

66. Regulations
67. Ministerial order

Division 2 -- Particular buildings, incidental structures

68. Terms used
69. Temporary buildings
70. Buildings incidental to infrastructure
71. Buildings incidental to shipping and boating facilities
72. Buildings incidental to mining operations
73. Buildings incidental to exploiting petroleum and other resources
74. Buildings incidental to industrial processing plant

PART 6 -- Work affecting other land

Division 1 -- Terms used

75. Terms used

Division 2 -- Work affecting other land that requires consent, court order or other authority

76. No encroachment without consent, court order or other authority
77. Other land not to be adversely affected without consent, court order or other authority
78. No protection structure in or on other land without consent, court order or other authority
79. Certain work not to affect party walls etc. without consent, court order or other authority
80. Fences etc. not to be removed without consent, court order or other authority
81. No access to other land without consent or court order, and notification, or other authority
82. Removal of unauthorised encroachments, protection structures

Division 3 -- Obtaining consent or court orders to affect other land

83. Terms used
84. When notice about effect on other land required
85. Form and content of notice about effect on other land
86. Application for court orders if no consent
87. Requirement for building or demolition permit not affected by court order

Division 4 -- Other boundary matters

88. Finishes of walls close to boundaries
89. Obligation to maintain, repair encroachments, party walls, shared boundary retaining walls
90. Liability for certain expenses
91. Liability for loss, damage not affected

PART 7 -- Existing buildings

92. Terms used
93. Changing building standards, requirements, as to existing buildings

PART 8 -- Enforcement

Division 1 -- Preliminary

94. Terms used

Division 2 -- Authorised persons

95. Term used: designating permit authority
96. Authorised persons
97. Identity cards
98. Production or display of identity card
99. Limitation on powers of authorised person

Division 3 -- Powers of authorised persons

100. Entry powers
101. Powers after entry for compliance purposes
102. Obtaining information and documents
103. Use of force and assistance
104. Directions generally
105. Obstruction of authorised persons etc.

Division 4 -- Entry warrants

106. Entry warrant to enter place
107. Issue of warrant
108. Effect of entry warrant
109. Execution of warrant

Division 5 -- Building orders

110. Building orders
111. Notice of proposed building order other than building order (emergency)
112. Content of building order
113. Limitation on effect of building order
114. Service of building order
115. Compliance with building order
116. Obstruction in relation to building order
117. Revocation of building order
118. Permit authority may give effect to building order if non-compliance

PART 9 -- Review

119. Building and demolition permits
120. Building standards
121. Occupancy permits and building approval certificates
122. Building orders
123. SAT may disapply or modify subsidiary legislation about building etc.

PART 10 -- Permit authorities

124. State of WA as a permit authority
125. Delegation of State’s functions as permit authority
126. Special permit authorities
127. Delegation: special permit authorities and local governments

PART 11 -- Building information

128. Register of permits, building approval certificates, building orders
129. Inspection, copies of permits, building approval certificates in register
130. Building records to be kept
131. Inspection, copies of building records
132. Provision of information to Building Commissioner

PART 12 -- Legal proceedings

Division 1 -- General provisions about legal proceedings

133. Prosecutions
134. Civil remedy not affected by proceedings for an offence
135. Incriminating information, questions or documents
136. Legal professional privilege

Division 2 -- Evidence in legal proceedings

137. Evidence Act 1906 not excluded
138. Allegations in prosecution notices
139. Presumptions about authority to do certain things
140. Proof of permits, certificates, building orders, declarations, obtained records, approved forms
141. Evidence of text adopted by regulations

PART 13 -- General provisions

142. Authority to perform certain functions in relation to Crown land for purposes of this Act
143. Protection from liability
144. Extent of duties as to certificates
145A. Local government functions
145. Protection for compliance with Act
146. Confidentiality
147. False or misleading information
148. Laying documents before Parliament

PART 14 -- Regulations

149. Regulations
150. Regulations may refer to published documents

PART 16 -- Transitional provisions

Division 1 -- Transitional provisions arising from the enactment of the Building Act 2011

176. Terms used
177. Interpretation Act 1984 not affected
178. Building licences, pending applications, reviews
179. Demolition licences, pending applications, reviews
180. Building approval certificates (former provisions), pending applications, reviews
181. Certificates of classification, pending notifications of change of use
182A. Occupancy permits for certain buildings and validation
182. Hoardings etc. in public places
183. Building party walls
184. Work on existing party walls
185. Underpinning
186. Settlement of differences in relation to party walls, underpinning
187. Settlement of differences in relation to security
188. Inflammable materials
189. Encroachments over, on, or under streets
190. Notices of required alterations
191. Notices to stop unlawful work
192. Dangerous buildings
193. Neglected buildings
194. Dilapidated buildings
195. Uncompleted buildings
196. Orders prohibiting building on land until payments made
197. Agreements for repayment of costs, postponement of payment of costs
198. Action after conviction
199. Fire escapes
200. Public buildings
201. Removal of inflammable buildings
202. Orders about occupiers obstructing owners from complying with former provisions
203. Regulations for transitional matters

Division 2 -- Transitional and validation provisions arising from the enactment of the Building Amendment Act 2012

204. Term used: amending Act
205. Requests for further information (building and demolition permits)
206. Requests for further information (occupancy permits and building approval certificates)
207. Time for deciding application for building or demolition permit
208. Validation of building permits naming, and compliance certificates issued by, public authorities
209. Regulations for transitional matters about applicable building standards
Other notes
Defined terms

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