In general, a person must not carry out works without the relevant approvals and permits where one is required.
The City’s Local Planning Scheme No. 3 applies to residential, commercial and industrial zoned land. It prescribes development controls for all land uses and suitable locations / zones in order to protect the amenity of those areas. Land uses conducted where not permitted or without approval from the City, can cause considerable problems for the community.
Approval that is required for any unauthorised structure that is not exempt from requiring approval. This retrospective approval process may help those who are buying or selling a property that has an unauthorised structure.
Planning and building service requests
The City can investigate planning and building service issues:
- Business from home
- Commercial vehicle parking
- Dangerous or unsafe buildings
- Overlooking/privacy issues
- Departure from approved plans
- Swimming pool/spa barrier
- Unauthorised structures
- Unauthorised signage
- Unauthorised land use
- Unauthorised cut and/or fill.
To submit a development services planning and building service request, please complete the following form:
Unauthorised works
If you're unsure whether a structure or land use is permitted in a specific location, the City can provide general advice.
Unauthorised development works
If you're unsure whether a structure or land use is permitted in a specific location, the City can provide general advice.
Unauthorised building works
The Building Act 2011 allows a person to make an application to the relevant permit authority to approve unauthorised building work, in relation to a building and/or incidental structure:
For more information, please phone our Customer Contact Centre.
- Residential properties - Class 1 and Class 10 buildings and incidental structures A person may apply under s. 51(3) of the Building Act for a ‘building approval certificate’ for a building or an incidental structure in respect of which unauthorised work has been done. Applicants should use complete an Application for Building Approval (BA13). This type of application would also apply to a Class 2 to Class 9 building that does not require an occupancy permit
- Commercial properties - Class 2 to Class 9 buildings A person may apply under s. 51(2) of the Building Act for an ‘occupancy permit’ for a building in respect of which unauthorised work has been done. Applicants should use an Application for Occupancy Permit (BA9).
Unauthorised development works
It is an offence pursuant to the Planning and Development Act 2005 to carry out development contrary to the City’s Local Planning Scheme No. 3. The City considers many factors when investigating unauthorised existing development, including, but not limited to; legal proceedings, the issuing of a direction notice or a planning infringement notice.
The City’s Compliance Enforcement Policy 2015 details how the City evaluates risk and undertakes enforcement action.
Unauthorised building works
Whilst time limits apply under S. 133 of the Building Act in relation to when a prosecution can commence for an offence such as doing building work without a building permit, this does not prevent a permit authority serving a building order at any time to an owner in relation to unauthorised building work.
A building order may specify what needs to be done regarding a building or incidental structure, such as remedial works or removal of unauthorised works. This is a matter the permit authority will consider on a case by case basis.
If you are concerned that a building or incidental structure on a property you own or are thinking about purchasing may not have the necessary approval, please phone our Customer Contact Centre to confirm any building approvals that have been granted.
Prosecution Summaries
The below link depicts decisions made by the Magistrates Court in relation to Planning, Building and Local Government Act Prosecutions.
Top tip
Although a person may seek retrospective approval for unauthorised building work, this does not cancel the offence and a local government may still take legal action under the Building Act, to ensure that the unauthorised building work is approved or removed.
Building safety
Asbestos
Asbestos was commonly used as construction and fencing material until 1990. Asbestos cement building materials in a home is no cause for alarm, however care must be taken when handling asbestos to ensure that the health risk is minimised, as exposure to asbestos fibres may cause respiratory disease.
All home renovators should be mindful that asbestos may be present in products such as eaves sheeting, carpet underlay, vinyl tile backing, roof and fence sheeting. There are some jobs that you must use a licensed professional for and that there are rules around the amount of asbestos they can handle. Further information is available on the Department of Health and Department of Energy, Mines, Industry Regulation and Safety websites.
Disposing of asbestos
Residents can dispose of asbestos at Tamala Park and Redhill landfill sites and Western Metropolitan Regional Council. For further information on their opening hours and disposal requirements, please visit the Mindarie Regional Council, East Metropolitan Regional Council and Western Metropolitan Regional Council websites.
Please note that the City's Recycling Centre Balcatta does not accept asbestos.
If you have concerns about an asbestos risk in our community, please complete a health hazard request form.
Decommissioning of septic tanks
Septic tanks are full of untreated wastewater which if abandoned and incorrectly decommissioned, can leak contaminants into the soils and ground water.
For more information, please visit the WA Health website.
Dust
Dust and sand drift may be experienced from subdivision works, vacant lots and building sites given the high winds experienced in the Perth Metropolitan area, particularly during dry summer months. Residents should expect to receive some dust and sand when living in close proximity to building sites and subdivisions, however builders, contractors and developers are required to implement measures to reduce the impact.
Residents are encouraged to speak to the property owner, builder, contractor or developer managing the site to advise of their concerns in the first instance, and enquire what measures are being taken, and what additional measures may be taken to minimise dust and sand drift. The following information provides some tips on communicating with your neighbour.
If the matter is ongoing and the source of dust is from a building or demolition site, please lodge a Planning and Building Service Request. Please lodge a health hazard request for other sources.
