Northern Midlands

Building

Effective 1 January 2017, a new Building Act was introduced - the Building Act 2016 and Building Regulations 2016 which contain the legislative requirements for building control. 

The new legislation has resulted in some changes to building work, meaning some building work may no longer require a permit.  To determine which building work requires a permit and which does not, you can visit the Department of Justice website for clarification, using the following link:

http://www.justice.tas.gov.au/__data/assets/pdf_file/0010/364537/Building_Act__Directors_Determination_of_Categories_of_Building_and_Demolition_Dec_2016_v1.1.PDF

Owner builder requirements have also changed and information and clarification relating to this can be obtained by accessing the link following:  

www.justice.tas.gov.au/licensing_and_accreditation/owner_builders2

There are now 4 categories of building work:


Category 1 – Low Risk Building Work by an Owner, or Competent Person, or Licenced Builder

Low Risk building work which represents a low risk to occupants and the public.  The owner is responsible for ensuring that any proposed work conforms with the scope of the determination, in particular that permitted size limits are not exceeded and that boundary setbacks are complied with.  Please refer to the Director’s Determination for specifics regarding sizing:

http://www.justice.tas.gov.au/__data/assets/pdf_file/0010/364537/Building_Act_-_Directors_Determination_of_Categories_of_Building_and_Demolition_Dec_2016_v1.1.PDF

This relates to stand alone projects that are not part of or associated with a larger project that may include Notifiable Work or would require a Building Permit.  Examples of category 1 building work includes non-structural repairs, replacement of components and maintenance of existing buildings.  Low Risk building work can be completed by an owner, or a competent person, or a licenced builder.  Low Risk work over $20,000 requires the Building Administration Fee and Industry Training Levy to be paid via the Council.  Details of Low Risk work must be forwarded to Council once the work has been completed.

Category 2 – Low Risk Building Work performed by a Licenced Builder (or a competent person only where specified)

Low Risk building work which also represents a low risk to occupants and the public and which is performed by a Licenced Builder (or a competent person only where specified).  Examples of category 2 building work includes a shed/carport or garage.  The responsible builder must ensure that any proposed work conforms with the scope of this determination, in particular that permitted size limits are not exceeded and that boundary setbacks are complied with (maximum size 36m2, single storey, maximum height 4.5m and if located in a bushfire prone area, it must be located a minimum of 6m from any habitable building and if located in a medium-active or high hazard band). Low Risk work over $20,000 also requires the Building Administration Fee and Industry Training Levy to be paid via the Council.  Details of Low Risk work must be forwarded to Council, so they have a record of erection of the structure.

Category 3 – Building Work Notifiable by a Building Surveyor to the Permit Authority

Notifiable work does not include low risk building work.  Notifiable work is to be performed by a licenced builder, with an exception that a competent person may install solar panels under the supervision of a licenced electrician.  The builder will specify the nature of the proposed work in their Notice of Work to the Building Surveyor.  The owner and builder are to check on planning requirements and ensure approvals are in place before Notice of Work is sent.  The builder is responsible for ensuring that any proposed work conforms with the scope of the determination, in particular that permitted size limits are not exceeded and that boundary setbacks are complied with.  Specific requirements are also provided in the Building Act for notifications to the Building Surveyor to obtain authorisation to start work, inspections (if required) and completion of work.  Examples of category 3 building works are residential buildings (dwellings) including new construction, alterations and additions and associated structures. 

Category 4 – Work that requires a Building Permit or a Demolition Permit

All other building work outside what is listed in categories 1, 2 and 3 requires a Building Permit from the Council Permit Authority.  All other demolition work outside what is listed in categories 1, 2 and 3 requires a Demolition Permit from the Council Permit Authority.  All work by an owner that is not Low Risk work by an owner and requires an Owner Builder Permit, also requires a building permit from the Council Permit Authority.

The cost of a Building/Plumbing Permit is dependent on the class of building, value and floor area of the works.  In addition to the cost of a Building/Plumbing Permit, you may be required to pay State Government levies, which are payable on all building works over $20,000, regardless of the category.  Payment of fees are collected by the Permit Authority at Council office when you lodge your application.  For more information on fees and charges, see attached Building Fees and Charges Document

Prior to commencing any building work, the owner/applicant should check any planning conditions and requirements with the Development Services team at Council.  Utilising the information received, the owner/applicant should then liaise with a private Building Surveyor regarding the type of application that will be required.

For any further information, please contact the Development Services team at Council on 6397 7303.

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