Decks – approval requirements

Decks – approval requirements

A deck is a flat or raised platform capable of supporting loads, which is typically constructed outdoors. Decking is often built of timber or composite materials which are moisture and termite resistant and can be freestanding or connected to another building or structure.

Where screening is installed to prevent overlooking of an adjoining property, there is a requirement for the screening to meet the minimum standards of the Residential Design Codes (R-Codes) and be a minimum height of 1.6 metres from the finished level of the deck and be of a permanently fixed, durable material.

Planning requirements

Decks more than 500mm above ground level on a residential property are required to comply with both the R-Codes and the City’s policies. The R-Codes is a state planning document that applies development controls over all residential developments in Western Australia.

Generally, decking more than 500mm above natural ground level to a single house requires a development (planning) application where:

  • The set back is less than 1 metre to a side or rear boundary for a deck that is less than 9 metres in length and screening is proposed. A greater setback is required for decks longer than 9 metres, or where no screening is proposed to prevent overlooking into the adjoining property; and
  • The deck is within 7.5 metres of a side or rear boundary and no screening is provided to prevent overlooking into the adjoining property. Screening is required to be 1.6 metres above the finished level of the deck and be of a permanently fixed, durable material.

Should your dwelling be located within a structure plan area, additional requirements may apply.

A development (planning) application is required for all decks 500mm or greater from natural ground level for grouped dwellings, multiple dwellings, commercial developments or caravan parks.

Decks that are no higher than 500mm from natural ground level do not require a development (planning) application.

Fees are in accordance with the Planning Services Fees and Charges.

Building permit requirements

A building permit is not required when a deck complies with all the following;

  • Is no more than 20m²
  • Is not more than 500mm high
  • Is greater than 900mm away from any boundary
  • Is not subject to bushfire prone area requirements
  • Has no screening requirements.

Building permit application forms (certified or uncertified) are available from the Department of Mines, Industry Regulation and Safety website. Certified building permit applications must be accompanied with a Certificate of Design Compliance.

Please refer to the City’s Uncertified Building Application Checklist – Deck (Class 10b) for information required to be provided with the building permit application (BA2 form).

Fees are in accordance with the Building Services fees and charges.

Rainwater Tanks – approval requirements

Rainwater Tanks – approval requirements

Planning requirements

A rainwater tank on a non-residential property will require a Planning Approval should it be located externally to any building.

For residential properties, Planning Approval is generally not required provided the tank is located to the rear or side of the dwelling and/or is not visible from the primary street.

Building permit requirements

A rainwater tank does not require a Building Permit provided that the tank is a small proprietary type of steel or fibre glass material with a height of no more than a standard fence height i.e 1.8 metres. The tank should be less than 5,000 litres capacity.

The base of the tank is to be located directly on the ground or supported by a manufacture designed tank stand not exceeding 300mm in height.

For all other situations, a Building Permit would need to be obtained prior to installation.

Business signage: approval requirements

Business signage: approval requirements

Commercial advertising signs and devices on private land are required to comply with the provisions of the City’s Advertisements Local Planning Policy.

Advertising signs on local government property and thoroughfares is regulated b the Local Government and Public Property Local Law 2014, which prohibits any commercial advertising within road verges and thoroughfares.

Planning requirements

The City’s Advertisements Local Planning Policy provides information on the planning requirements for commercial advertising, and sets out which advertising signs and devices on private land are exempt from approval, require the approval of the City, or are not permitted in various zones of the City. For more information on the policy, review the Frequently Asked Questions.

Unless exempted under the policy, an application for development (planning) approval is required for external signage, or signage that can be viewed externally from a premise.

For temporary signs that are exempted under the policy, an application for Written Planning Advice is required.

Please refer to the Development (Planning) Approval Requirements for application requirements.

Fees are in accordance with the Planning Services Fees and Charges.

Building requirements

All permanent signs (signs erected for longer than one month) require a building permit prior to construction. The following information is to be submitted as part of the building requirements:

There are two types of building permit applications:

  • Certified – an application that has been assessed by a private building surveyor and then lodged with the City for a building permit to be issued. Details of private building surveyors can be found on the Department of Mines, Industry, Regulation and Safety website.
  • Uncertified – an application where the assessment is carried out by the City for a building permit to be issued

Application requirements

Refer to the building permit application checklists for information that is required to be submitted with certified or uncertified building permits. Fees are in accordance with the Building Services: Fees and Charges.

Lodgement

You can lodge your application:

Online
Please refer to the City’s eApplication service.

In person
Visit the City of Joondalup Administration Centre, 90 Boas Avenue, Joondalup.

By post
Post your application to the City at PO Box 21, Joondalup WA 6919.

Pergolas and shade sails – approval requirements

Pergolas and shade sails – approval requirements

The Residential Design Codes define a pergola as:

‘An open framed structure covered in a water permeable material or unroofed, which may or may not be attached to a dwelling’.

Construction requirements

  • A pergola is permitted to be built to the boundary, and it must not touch or be fixed to the dividing fences or neighbours parapet wall. All footings and construction must be kept within the lot boundaries
  • A pergola must be constructed of good quality metal or timber framing which may be free standing or attached to an existing structure. The roof may consist of lattice, timber, shade cloth or other water permeable material
  • A pergola may be supported by posts, columns or piers and must not be enclosed by wall sheeting, cladding, panelling or the like. Second-hand materials shall not be used without approval from the City.

Planning requirements

For the purposes of planning requirements, a pergola includes:

  • A louvred roof structure, which is an adjustable ‘pergola’ that may be water permeable
  • A shade sail, which is a fabric ‘pergola’ fixed to posts or other structures (excluding a dividing fence).

For a single house or grouped dwelling, a pergola does not require a development (planning) approval.

Pergolas to multiple dwellings or other commercial properties will require Development (planning) approval.

Fees are in accordance with the Planning services fees and charges.

Building permit requirements

Pergola

A building permit is not required when the pergola complies with all of the following:

  • the structure is no more than 20m²; and
  • the structure is no more than 2.4m in height.

Shade sail

A building permit is not required when the shade sail complies with all of the following:

  • the structure is freestanding; and
  • the structure is no more than 10m²; and
  • the structure is no more than 2.4m in height.

Louvred roof

A louvred roof structure will require an application for a building permit.

Building permit application forms (certified or uncertified) are available from the Department of Mines, Industry Regulation and Safety website. Certified building permit applications must be accompanied with a Certificate of Design Compliance.

Please refer to the City’s Uncertified Building Application Checklist – Pergolas and Shade Sails (Class 10a) for information required to be provided with the Building Permit Application (BA2 form).

Fees are in accordance with the Building services fees and charges.

Purchasing a property and land purchase inquiries

Purchasing a property and land purchase inquiries

If you are intending to purchase a property, the City is able to provide a list of building approvals recorded against the property.

Once a contract of sale has been signed, your settlement agent may lodge a Land Purchase Inquiry (LPI) with the City. The City will endeavour to process the LPI request within 14 business days.

An LPI can assist you with:

  • Building licences/permits approvals issued for the property
  • The zoning and density of the property under Local Planning Scheme No. 3
  • Proposed road widening/treatments
  • Advice regarding rates and charges, and
  • Other potential concerns.

When completing an Offer and Acceptance on a property you wish to purchase, the City recommends a clause be added requesting the owner provide evidence that all structures and land uses for that property have approval from the City.

A coastal hazard alert is included in the LPI for lots identified as subject to coastal hazard risk within the next 100 years. Please refer to coastal vulnerability to see how this may affect property owners.

While every care is taken to ensure the accuracy of this information, the City of Joondalup makes no representation or warranties about its accuracy, completeness or suitability for any other purposes, and disclaims any liability for expenses, damages and/or losses which you may incur as a result of the data being inaccurate or incomplete in any way and for any reason.

Fees

Fees are in accordance with the Building services fees and charges.

Retaining walls – approval requirements

Retaining walls – approval requirements

A retaining wall is a wall or structure designed and constructed to support soil at a slope steeper than can be naturally supported.

Retaining walls are only required where there is a possibility of land being adversely affected by subsidence. Retaining walls may be required where there are varying levels of land and that land requires supporting at a steeper angle than the land can naturally support itself.

Responsibility for constructing a retaining wall

Owners of retaining walls are required to maintain their walls in a structurally sound manner.

The party who changes the lie of the land either by excavation or building up (fill) is responsible for building a retaining wall. If both neighbours have altered the lie of the land each neighbour will be responsible for the construction and maintenance of the retaining wall to the extent of their own alteration.

A dividing fence is not considered suitable for retaining soil.

Location of retaining walls

Where retaining walls are required, it is preferred that retaining walls are built within the boundaries of the property where the land is proposed to be altered.

It is important to ensure that privacy is maintained when adding fill to a property. In most instances a 1.8m dividing fence on top of a retaining wall is appropriate to prevent overlooking on an adjoining property. Where a retaining wall is not built next to a property boundary and is higher than 0.5m, an additional privacy screen of 1.6m may be required.

Retaining walls may only be built across boundaries where there is written agreement between the affected neighbours. Where the construction of a retaining wall encroaches across a boundary, a form BA20 must be completed and submitted with the building permit application.

If development (planning) approval is required, both land owners will need to sign the development (planning) application forms.

Planning requirements

An application for development (planning) approval is generally required for residential properties where:

  • Retaining is within the street setback area and has a height of more than 1.0m from natural ground level. This applies to retaining walls associated with fill and excavation
  • Retaining wall is within 1.0m – 1.5m of an adjoining property boundary (not being a street boundary) and has a height of more than 0.5m from natural ground level. This applies to retaining walls associated with fill only
  • Retaining walls and fill with a height of more than 0.5m from natural ground level that are within 7.5m of a property boundary and no screening is provided to prevent overlooking to an adjoining property.

Building permit requirements

A building permit is not required when the retaining wall complies with all of the following:

  • The structure retains ground no more than 0.5m in height; and
  • The structure isn’t associated with other building work or with the protection of land adjoining the land on which the retaining wall is located; and
  • The structure does not affect other land that requires consent.

A retaining wall that does not meet all of the above will require a building permit.

Building permit application forms (certified or uncertified) are available from the Department of Mines, Industry Regulation and Safety website. Certified building permit applications must be accompanied with a Certificate of Design Compliance.

Please refer to the City’s Uncertified Building Application Checklist – Retaining Walls (Class 10b) for information required to be provided with the Building Permit Application (BA2 form).

Fees are in accordance with the Building services fees and charges.

Retaining wall disputes

It is always advisable to attempt to resolve issues or difference in relation to retaining walls by talking with the other party in the first instance.  If you can’t reach agreement the guidelines are designed to assist with the process of dealing with issues which relate to retaining wall disputes. By following these steps carefully, resolutions to issues may be more readily resolved between the parties involved.

Please refer to fact sheet below on the Retaining Wall Dispute Guidelines.

Fences adjoining public open space

Fences adjoining public open space

The Dividing Fences Act 1961 does not apply to the Crown land (government) or to land used for public purposes such as roads and paths under the control of local governments. This means that if your property adjoins such land you are fully responsible for the dividing fence including associated costs of the dividing fence.

Planning requirements

Properties that adjoin public spaces and/or public access ways must meet the design criteria of the City’s Subdivision and Dwelling Development Adjoining Areas of Public Space Policy. An application for development (planning) approval may be required should your proposed fence not meet the requirements of this policy. Any development (planning) application will need to include justification to demonstrate that the proposal meets the objectives of the policy.

Building permit application requirements

A fence that is masonry and more than 750mm in height requires a building permit.

Any fence made of materials other than masonry, up to 1.8m in height does not require a building permit.

Additional approval requirements for fencing above 1.8m

Any boundary fence higher than 1.8m requires the submission of a building permit application (BA1 or BA2 form).

Dividing fences: liaising with your neighbour

Dividing fences: liaising with your neighbour

Neighbour agreement may be required prior to making any changes to a dividing fence. Refer to Dividing fence matters – overview from the Department of Mines, Industry Regulation and Safety (DMIRS) website which provide details on owner responsibilities.

It is suggested you liaise with your neighbour verbally and follow up any agreements in writing relating to a dividing fence dispute. Example letters are available from DMIRS.

If you do not know the name of the owner of the property next door, you may be able to get neighbours details by:

  • Checking with the tenants or property manager if the property is rented or leased
  • Performing a land title search through Landgate
  • Contacting the City’s Rating Services to request neighbour’s details in relation to a dividing fence matter

Mediation service

The City is unable to direct your neighbour to construct a sufficient fence and has no statutory ability within the Dividing Fences Act 1961 to direct or provide adjudication of costs or repairs. A free mediation service is offered by the City when agreement can not be reached.

If you would like to use this service contact the City’s Customer Relations.

If you have tried mediation and can’t reach an agreement the Magistrates Court can deal with issues in relation to dividing fences.

Demolition permit applications

Demolition permit applications

A demolition permit is required for demolition, dismantling or removal of a building or incidental structure.

When only demolishing a portion of a building, a demolition permit is generally still required. To confirm if a demolition permit is required, please contact the City in writing for the attention of Building Services, outlining what is proposed to be removed.

When completing new building and demolition works, you may be able to include the demolition works as part of the building permit application, subject to confirmation by the City. Please contact the City in writing for the attention of Building Services, outlining what is proposed to be removed and the City will advise the type of application required.

Application requirements

Please refer to the Demolition Permit Checklist for information required to be submitted with your demolition permit application.

Fees are in accordance with the Building Services: fees and charges.

Application forms

BA5 Application for Demolition Permit

Lodgement

In Person

Visit the City of Joondalup Administration Centre, 90 Boas Avenue, Joondalup.

By Post

Post the application to the City at PO Box 21, Joondalup WA 6919.

Once your application is lodged, an officer will conduct a preliminary assessment. If further information is required, you will be contacted in writing.

Timeframe

The City has 10 working days to assess and complete a demolition permit application.

If the application is incomplete, the City will write to the applicant and request further information. The additional information must be supplied within 21 days or within a timeframe agreed to by the City.

 

 

Occupancy permit applications

Occupancy permit applications

An occupancy permit is a certificate which allows you to move into a commercial property and/or run a business.

An occupancy permit is required when you intend to:

  • Occupy a new commercial building when completed or a new part of an existing commercial building
  • Occupy a commercial building that is incomplete or part of a commercial building on a temporary basis
  • Occupy a commercial building or part of a commercial building that has undergone a permanent change of use or change of classification
  • Authorise commercial works that do not have a building permit
  • Modify the current occupancy permit for an additional use of a commercial building on a temporary basis.

Further information can be found on the Department of Mines, Industry Regulation and Safety website A guide to the building approvals process in Western Australia.

Application requirements

Please refer to the certified application checklist for occupancy permit and building approval certificate for information that is required to be submitted.

A private building surveyor is required to assess the documentation and issue a certificate prior to lodging the application with the City. Details of private building surveyors are available from the Department of Mines, Industry Regulation and Safety website.

Fees are in accordance with the Building Services: fees and charges.

Application forms

BA9 application for occupancy permit

Lodgement

In person

Visit the City of Joondalup Administration Centre, 90 Boas Avenue, Joondalup.

By post

Post the application to the City at PO Box 21, Joondalup WA 6919.

Once the application is lodged, an officer will conduct a preliminary assessment. If further information is required, you will be contacted in writing.

Timeframe

The City has 10 working days to assess and complete an occupancy permit application.

If the application is incomplete, the City will write to the applicant and request further information. The additional information must be supplied within 21 days or within a timeframe agreed to by the City.

Building permit application – extension of time

Building permit application – extension of time

A building permit is valid for two years from the date of issue. After that date, it ceases to have effect.

Where building works have commenced, but have not been completed, you may be able to apply for an extension of time depending upon the situation. Application forms are available from the Department of Mines, Industry Regulation and Safety website. Fees are in accordance with the Building Services: fees and charges.

Where building works have not commenced, a new building permit application will be required.

Building permit application process

Building permit application process

Lodgement

Once an application has been lodged the City will check to ensure all necessary information has been provided. If further information is required prior to the City accepting the application, the applicant will be notified.

If your application is complete and is accepted, further plans and/or information may be requested following a more detailed assessment. This information will be required prior to the City being able to issue a building permit.

Acknowledgement of application

If the building permit application has been lodged online, an invoice will be emailed to the applicant providing details of payment. Processing of the application will commence once fees have been paid in full.

Following payment of your application fee, an email or letter acknowledging receipt of the application will be sent.

Assessment of application

Once an application has been acknowledged, an officer will assess the application to ensure it meets the requirements of the National Construction Code – Building Code of Australia (NCC BCA), and relevant Australian Standards.

Following a preliminary assessment, the applicant will be contacted directly if further information or amendments are required.

Timeframes

The City endeavours to process all applications in a timely manner.

The timeframes for processing complete building permit applications are:

  • Certified application – 10 working days
  • Uncertified application – 25 working days

If further information is required, the City will write to the applicant. The additional information must be supplied within 21 days or within a timeframe agreed to by the City.

For applications lodged online, check the progress through the City’s eApplication service.

For applications lodged in person or via post, you can check the progress of your application by contacting Building Services.

Completion of building works

Once building works have been completed the builder is responsible for lodging a Notice of Completion (BA7 form) within seven days of the completion of works.

Copies of house or building plans

Copies of house or building plans

Most of the City’s building plans are held in micro-fiche format. Where available, the City can provide land owners with copies of site plan, floor plan and elevations.

Requesting a copy of plans

The City will accept requests from:

  • The person shown on the City’s records as being the owner
  • A person who is authorised in writing by the owner.

For security reasons the City may require proof of identity. Please download and complete the application at the bottom of this page.

A request may be submitted:

In person

Visit the City of Joondalup Administration Centre, 90 Boas Avenue, Joondalup.

By email

Email completed application form.

By post

Post the application to the City at PO Box 21, Joondalup WA 6919.

The request will be processed and posted or emailed back.

Please note all requests can take up to 10 working days to process.

Conditions when requesting copies of building plans

  • If you are not the owner of the above mentioned property, please be advised that the owners’ authorisation (signature) is required for the release of the plans
  • Plans prior to 1970 may not be available
  • Every effort will be made to obtain and print copies of plans, however if the plans are not available or the copies are not clear, the cost of the request for copies of building plans will not be refunded
  • If the building forms a part of a strata, duplex or any non-green title lot etc, consent from the strata corporate body or individual owners is required
  • This process can take up to 10 working days
  • The City will provide the plans to the best of its ability, however it cannot guarantee the quality of the print as the original plans may be subject to fair wear and tear, blurred print etc
  • Incomplete application forms will be returned
  • Full payment is required upon request for copies of building plans. Fees are in accordance with the Building Services: Fees and Charge.

Building approval certificate applications

Building approval certificate applications

Building Approvals

A building approval certificate confirms that the residential building has been assessed by a private building surveyor for compliance and that a certificate of building compliance has been issued.

A building approval certificate is required:

  • Where residential works have been carried out without obtaining a building permit (unauthorised works)
  • To confirm compliance with the applicable building standards for residential works that did not previously require an approval.

Application requirements

Please refer to the certified application checklist for occupancy permit and building approval certificate for information that is required to be submitted.

A private building surveyor is required to assess the documentation and issue a certificate prior to lodging the application with the City. Details of private building surveyors can be found on the Department of Mines, Industry, Regulation and Safety website.

Fees are in accordance with the Building Services: fees and charges.

Application forms

BA13 application for building approval certificate

Lodgement

You can lodge your building permit application:

Online

Please refer to the City’s eApplication service.

In person

Visit the City of Joondalup Administration Centre, 90 Boas Avenue, Joondalup.

By post

Post your application to the City at PO Box 21, Joondalup WA 6919.

Once your application is lodged, an officer will conduct a preliminary assessment of your application. If further information is required, you will be contacted in writing.

Please be aware that the assessment may determine the requirement for a development (planning) application to be submitted by the City and approved prior to the building permit being issued.

Timeframe

The City has 10 working days to assess and complete a building approval certificate application.

If the application is incomplete, the City will write to the applicant and request further information. The additional information must be supplied within 21 days or within a timeframe agreed to by the City.

 

Home indemnity insurance and owner-builder requirements

Home indemnity insurance and owner-builder requirements

Home indemnity insurance covers the home owner (and subsequent owners) for residential building work and loss of deposit should the builder die, disappear or become insolvent within six years from the date of practical completion of a new home.

If you are thinking about building your own home (owner-builder) or small commercial buildings, you are required to apply for an owner-builder approval. To obtain an owner-builder approval you must be the owner of the land. If the building work relates to a dwelling, you must reside, continue to reside or intend to reside on the land on which the building works is completed. In the case of commercial building work or a non-habitable building work you must intend to occupy or use the land when the owner-builder work is completed.

Owner-builder approvals can only be issued to individuals and not to corporate bodies or trusts.

Home indemnity insurance and owner-builder approval

All residential building work over $20,000 excluding swimming pools, fencing, pergolas or the like, must be covered by home indemnity insurance or an owner-builder approval.

Owner-builders can carry out the following types of building work on their property:

  • Construct a detached dwelling, including a granny flat
  • Carry out additions and alterations to an existing dwelling
  • Construct a non-habitable building such as a private garage, carport, shed or the like
  • Construct small commercial buildings – being a one or two storey building with a floor space of less than 500m2 that is not a detached house, Class 10 building or farm building

Further details on home indemnity insurance and owner builder approval can be found on the Department of Mines, Industry Regulation and Safety website..

Building permit application requirements

Building permit application requirements

There are two types of building permit applications:

  • Certified – an application that has been assessed by a private building surveyor and then lodged with the City for a building permit to be issued. Details of private building surveyors can be found on the Department of Mines, Industry Regulation and Safety website.
  • Uncertified – an application where the assessment is carried out by the City for a building permit to be issued.

Application requirements

Refer to the building permit application checklists at the bottom of the page for information on what is required to be submitted with certified or uncertified building permit applications.

Application forms

BA1 Application for building permit certified

BA2 Application for building permit uncertified

Fees

Please refer to the Building Services: fees and charges.

Lodgement

You can lodge your building permit application:

Online

Please refer to the City’s eApplication service.

In person

Visit the City of Joondalup Administration Centre, 90 Boas Avenue, Joondalup.

By post

Post your application to the City at PO Box 21, Joondalup WA 6919.

Once your application is lodged, an officer will conduct a preliminary assessment of your application. If further information is required, you will be contacted in writing.

Please be aware that the assessment may determine the requirement for a development (planning) application to be submitted by the City and approved prior to the building permit being issued.

Development (planning) application

In addition to a building permit application, a development (planning) application may be required.

A building permit application and development (planning) application can be lodged at the same time. The building permit application can only be finalised once the development (planning) application has been approved.

When is a building permit required?

When is a building permit required?

A building permit application is an application made under the Building Act 2011 and Building Regulations 2012, and is required for most forms of building work.

A building permit application enables the City to ensure your proposal meets the requirements of the National Construction Code Building Code of Australia (NCC BCA), and relevant Australian Standards.

Further information can be found on the Department of Mines, Industry Regulation and Safety website.

When to lodge a building permit application

In most instances all types of building work will require a building permit. For works that don’t require a building permit, please refer to the list of exempted works as outlined in the Building Regulations 2012 Schedule 4 clause 2.

Commercial

In most instances a building permit will be required on commercial properties when a new building is being constructed, there are alterations and/or additions to existing buildings, new fitouts to existing buildings and miscellaneous structures such as patios, pergolas, signs etc occur on site.

A shop fitout may be exempt from requiring a building permit. Please refer to the list of exempted works as outlined in the Building Regulations 2012 Schedule 4 clause 2.

Dividing fences

Dividing fences

A ‘dividing fence’ is usually a fence that separates two privately owned properties. It does not include:

  • A fence running along the boundary of a road (see street fences)
  • A fence adjoining public open space
  • A retaining wall.

Sufficient dividing fence between neighbours

The City of Joondalup’s Fencing Local Law 2014 defines a sufficient residential fence as:

‘A fence constructed of corrugated fibre reinforced pressed cement and erected in accordance with manufacturer’s specifications and which satisfies the following specifications:

  • A minimum in-ground depth of 25% of the total length of the sheet, but in any case shall have a minimum in-ground depth of 600 millimetres
  • The total height and depth of the fence to consist of a single continuous fibre reinforced cement sheet
  • The sheets to be lapped and capped with extruded snap-fit type capping in accordance with the manufacturer’s written instructions
  • The height of the fence to be 1.8 metres except with respect to a fence within the street setback area

Refer to the Fencing Local Law 2014 for sufficient fencing requirements for commercial and industrial fencing.

The sufficient fence requirements of the Local Law are for the purposes of defining a sufficient fence under the Dividing Fences Act 1961. Disputes relating to dividing fences (including alterations without neighbours consent) is a civil matter between two parties, with the Dividing Fences Act 1961 providing a mechanism for courts to deal with disputes over dividing fences. In a civil court action the Magistrate will use the City’s Local Law to determine what is considered a sufficient fence and will use those laws in making their determination.

Building, repairing or replacing a dividing fence

Owners looking to construct, repair or replace a dividing fence are strongly advised to find out their obligations and responsibilities as defined in the Dividing Fences Act 1961.

Refer to Dividing fence matters – overview from the Department of Mines, Industry Regulation and Safety (DMIRS) website which provides detailed information on owner responsibilities.

Building permit application requirements

Any dividing fence that is masonry and more than 750mm in height requires a building permit.

Any dividing fence made of materials other than masonry, up to 1.8m in height does not require a building permit.

Dividing fences higher than 1.8m

A dividing fence more than 1.8m in height requires agreement with the adjoining neighbour (in the form of written neighbours consent) and requires a building permit.

 

Building verge permit applications

Building verge permit applications

A building verge permit allows a builder to store building construction materials on a street, way or other public place behind a fence or hoarding. Materials may include bricks, timber, iron, site offices, and storage sheds.

A building verge permit does not include parking permission for construction site vehicles on a street, way or other public place. In this case, a Construction Site Parking Permit is required.

Building verge permits

A building verge permit may be required when there is little or no room for the storage of building materials on site due to the nature of the building design or the size of the lot.

Application requirements

When applying for a building verge permit, please ensure the following details are submitted:

  • A completed building verge permit application form
  • A site plan (two copies) to a scale no less than 1:200 indicating site boundaries, existing structures and any other site feature. The site plan must also show the proposed location and size of the hoarding
  • Where applicable, a Traffic Management Plan if not previously provided to the City

The application will be assessed and approval may be granted for the use of the street, way or public place, depending on the impact it may have on the local area and the community. Alternative use of another street, way or other public place, may also be agreed upon by mutual consent.

Fees

A verge permit costs $1.00 per month, or part of a month, for each m2 of the area of the street, way or other public place enclosed by any hoarding or fence.

Minimum dimensions on building verge permit application must be 4m by 2m.

When is building consent required from adjoining neighbours?

When is building consent required from adjoining neighbours?

Whilst not all building permit applications will need consideration by your neighbour, the City encourages land owners and/or applicants to discuss proposals with neighbours that may be impacted by building works.

If part of the works encroach or adversely affect an adjoining property a BA20 form will be required by the adjoining land owner. In these instances, a BA20 form is required to be submitted with your building permit.

In some instances, neighbour approval is required but does not need to be submitted with your building permit application or to be submitted to the City. This is known as a BA20A form. This includes removing a fence to allow building work to occur.

Further information on neighbour consent requirements for a building permit is available from the Building Commission.