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BUILDING REGULATIONS 2012 - SCHEDULE 4

BUILDING REGULATIONS 2012 - SCHEDULE 4

[r. 41]

1 .         Areas where building permit not required for certain work

Table

Column 1

Local government district

Column 2

Area where building permit not required for building work for Class 10 building or incidental structure

Column 3

Area where building permit not required for building work for building other than Class 10 building or incidental structure

Broomehill‑

Tambellup

Whole district other than —

(a)         townsites;

(b)         Broomehill Suburban Lots 362, 363, 372 to 423, 427 to 432, 438, 445, 446, 603 to 605, 609 and 610;

(c)         Lots 17 to 24 being portion of Kojonup Location 256;

(d)         Kojonup Location 1671;

(e)         Reserves 8163, 10285, 10431 and 17230;

(f)         area that was district of Tambellup immediately before 1 July 2008



Bruce Rock

Whole district other than townsites



Carnarvon

Gascoyne‑Minilya Ward



Corrigin

Whole district other than townsite of Corrigin



Cranbrook

Whole district other than townsites



Cue

Whole district other than townsites



Cunderdin

Whole district other than townsites



Dalwallinu

Whole district other than townsites



Dandaragan

Whole district other than townsites



Derby‑West Kimberley

Whole district other than townsites



Dowerin

Whole district other than townsites



Dumbleyung

Whole district other than townsites of Dumbleyung, Kukerin



Esperance

Whole district other than —

(a)         townsites;

(b)         lots measuring 10 ha or less



Gnowangerup

Whole district other than townsites



Greater Geraldton

Mullewa Ward other than townsites



Jerramungup

Areas zoned rural by a local planning scheme



Kellerberrin

Whole district other than townsites of Kellerberrin, Doodlakine and Baandee



Kent

Whole district other than townsites of Nyabing, Pingrup

Whole district other than townsites of Nyabing, Pingrup

Kojonup

Whole district other than townsites



Koorda

Whole district other than —

(a)         townsites;

(b)         Avon location 16386



Lake Grace

Whole district other than townsites



Laverton

Whole district other than townsites



Leonora

Whole district other than townsites



Meekatharra

Whole district other than townsites

Whole district other than townsites

Menzies

Whole district other than townsites



Merredin

Whole district other than townsites of Burracoppin, Hines Hill, Korbel, Merredin, Muntadgin, Nangeenan, Nokaning, Nukarni



Mingenew

Whole district other than townsites



Moora

Whole district other than townsites



Morawa

Whole district other than townsites



Mt Marshall

Whole district other than townsites



Mt Magnet

Whole district other than townsites

Whole district other than townsites

Mukinbudin

Whole district other than townsites



Murchison

Whole district

Whole district

Murray

Areas zoned rural by local laws or a local planning scheme



Narembeen

Whole district other than townsites



Narrogin

Areas zoned for farming purposes by a local planning scheme



Nungarin

Whole district other than townsites



Perenjori

Whole district other than —

(a)         townsites;

(b)         areas subject to local planning schemes



Port Hedland

Whole district other than townsites



Ravensthorpe

Areas zoned general agricultural by a local planning scheme



Sandstone

Whole district other than townsites in Sandstone Ward

Whole district other than Sandstone Ward

Tammin

Whole district other than townsite of Tammin



Three Springs

Whole district other than townsites



Trayning

Whole district other than townsites of Trayning, Kununoppin, Yelbeni

Whole district other than townsites of Trayning, Kununoppin, Yelbeni

Wagin

Whole district other than —

(a)         townsites in Town Ward;

(b)         Williams loc. 440, 507, 545, 618, 945, 1165 or 5330



Wandering

Whole district other than —

(a)         townsite of Wandering;

(b)         areas zoned rural residential by local laws or a local planning scheme



West Arthur

Whole district other than townsites



Wickepin

Whole district other than townsites



Williams

Whole district other than townsites



Wiluna

Whole district other than townsite of Wiluna



Wongan‑Ballidu

Whole district other than townsites of Wongan Hills, Ballidu, Cadoux, Kondut, Burakin

Whole district other than townsites of Wongan Hills, Ballidu, Cadoux, Kondut, Burakin

Woodanilling

Whole district other than townsite of Woodanilling



Yalgoo

Whole district other than townsites



Yilgarn

Whole district other than townsites

Whole district other than townsites

        [Clause 1 amended: Gazette 22 Dec 2017 p. 5973‑4.]

2 .         Kinds of building work for which a building permit is not required

                In this clause —

        pergola means an open structure that does not have a roof but may have a covering of open weave permeable material.

Table

Item

Description of building work for which building permit is not required

1.

Construction, erection, assembly or placement of a freestanding Class 10a building that —

(a)         has a floor area not exceeding 10 m 2 ; and

(b)         is no more than 2.4 m in height; and

(c)         is not located in wind region C or D as defined in AS 1170.2.

2.

Renovation, alteration, improvement, repair or maintenance of a building or incidental structure if the building work —

(a)         will not adversely affect the structural soundness of the building or incidental structure and does not include —

                  (i)         an increase or decrease in the floor area or height of the building or incidental structure; or

                  (ii)         underpinning or replacement of footings; or



                  (iii)         the removal or alteration of any element of the building or incidental structure that is contributing to the support of any other element of the building or incidental structure;

        and



(b)         is done using materials commonly used for the same purpose as the material being replaced; and



(c)         will not change the use or classification of the building or incidental structure; and



(d)         will not adversely affect the safety and health of the occupants or other users of the building or incidental structure or of the public; and



(e)         will not affect the way in which the building or incidental structure complies with each building standard that applies to the building or incidental structure; and



(f)         is not work of a kind to which section 76, 77, 78 or 79 relates; and



(g)         is not subject to an order, agreement or permit under the Heritage Act.

3.

Construction, erection, assembly or placement of a temporary office, shed or sanitary facility to be used by a builder in connection with building work carried out on the land on which the office, shed or sanitary facility is, or is proposed to be, located.

4.

Construction, erection, assembly or placement of a fence, screen or similar structure, other than a fence forming part of a barrier to a private swimming pool, if —

(a)         the fence, screen or similar structure is constructed in accordance with a local law made under the Local Government Act 1995 section 9.60 that applies to the construction of the fence, screen or similar structure in the district in which the fence, screen or similar structure is, or is to be, located; or

(b)         the fence, screen or similar structure is, or is to be, located in a district in which there is no local law of a type referred to in paragraph (a) and the fence, screen or similar structure —

                  (i)         if constructed of masonry, is no more than 0.75 m in height; and

                  (ii)         if constructed of a material other than masonry, is no more than 1.8 m in height; and

                  (iii)         is not located in wind region C or D as defined in AS 1170.2.

5.

Construction, erection, assembly or placement of a mast, antenna or similar structure that —

(a)         is not located in wind region C or D as defined in AS 1170.2; and



(b)         if attached to a building —

                  (i)         is no more than 2 m in height above the highest point of attachment to the building; and

                  (ii)         will not affect the way in which the building complies with each building standard that applies to the building;

        and



(c)         if not attached to a building, is no more than 3 m in height.

6.

Construction, erection, assembly or placement of a retaining wall that —

(a)         retains ground no more than 0.5 m in height; and

(b)         is not associated with other building work or with the protection of land adjoining the land on which the retaining wall is located; and

(c)         is not work of a kind to which section 76, 77, 78 or 79 relates.

7.

Construction, erection, assembly or placement of a pergola associated with a Class 1 building that —

(a)         is no more than 2.4 m in height; and

(b)         is not located in wind region C or D as defined in AS 1170.2; and

(c)         covers an area not exceeding 20 m 2 .

8.

Construction, erection, assembly or placement of a water storage tank with a capacity of 5 000 L or less.

9.

Building work for a park home or annexe as those terms are defined in the Caravan Parks and Camping Grounds Act 1995 section 5(1).

9A.

Building work for a manufactured home or attachment as those terms are defined in the Caravan Parks and Camping Grounds Regulations 1997 regulation 40A.

10.

Attachment of photovoltaic panels or solar hot water systems to the roof of a Class 1 or Class 10a building that is not located in wind region C or D as defined in AS 1170.2.

11.

Building work for which a building licence was not required under the former provisions if, before commencement day —

(a)         the on‑site building work had commenced; or

(b)         a contract to carry out the building work was entered into.

12.

Building work for buildings owned or occupied by, or under the control or management of the Crown in right of the State or a department, agency or instrumentality of the Crown in right of the State that —

(a)         commences before 30 June 2017; and

(b)         has, when it commences, an estimated value of less than $50 000.

13.

The installation of a roof mounted evaporative cooling unit on a building or incidental structure if —

(a)         the building or incidental structure is not located in a bush fire prone area; or

(b)         the building is a Class 4 to Class 9 building; or

(c)         the building or incidental structure is located in a bush fire prone area and the BAL for the building site is BAL‑Low; or



(d)         the building or incidental structure —

                  (i)         is located in a bush fire prone area; and



                  (ii)         the BAL for the building site is BAL‑12.5, BAL‑19 or BAL‑29; and



                  (iii)         the installation of the evaporative cooling unit complies with the requirements for roof penetration in respect of the building or incidental structure set out in AS 3959.

        [Clause 2 amended: Gazette 15 Jun 2012 p. 2515; 18 Dec 2012 p. 6576; 24 Apr 2014 p. 1141; 5 Apr 2016 p. 1021; 15 Apr 2016 p. 1172; SL 2020/11 r. 4.]