One of the most common questions we hear from homeowners is: 'Do I actually need council approval for this?'
The answer depends on what you are building, where the property is located and whether the proposal satisfies the applicable planning and building requirements. In Western Australia, 'council approval' is often used as a catch-all phrase, but there are two separate processes homeowners need to understand: development approval and a building permit.
Development approval versus building permit
| Development approval (planning) | Building permit |
|---|---|
| Assesses planning matters such as setbacks, site cover, streetscape, privacy, overshadowing, parking and local planning requirements. | Assesses the proposed building work against applicable building standards and requires the necessary plans, specifications and technical documentation. |
| Usually determined by the relevant local government for normal residential development. | Issued by the local government permit authority. |
| A single-house renovation or extension may be exempt where the proposal meets the applicable deemed-to-comply requirements and the local planning scheme does not require approval. | Most structural additions, extensions and significant alterations require a building permit unless a specific exemption applies. |
| Must normally be resolved before a building permit is issued where development approval is required. | Can be lodged as a certified BA1 application or, for Class 1 and 10 work, an uncertified BA2 application. |
When can a renovation or extension avoid development approval?
The current WA R-Codes explain that certain residential development can be exempt from development approval under the Planning and Development (Local Planning Schemes) Regulations 2015.
For a single house, an extension or renovation that satisfies the relevant deemed-to-comply provisions of the R-Codes and the applicable planning scheme can often proceed without a development application. Local planning provisions, heritage controls, structure plans and other site-specific requirements can change that result.
If there is uncertainty, clause 61A of the deemed provisions allows for a voluntary deemed-to-comply check with the local government in relevant circumstances. This can provide written confirmation that a compliant proposal can progress to the building-permit stage.
When is a building permit required?
A building permit is required for most building work that materially changes the size, structure or building-standard compliance of a dwelling.
Schedule 4 of the Building Regulations 2012 provides exemptions for some renovation, alteration, repair and maintenance work, but the exemption is limited. Among other things, the work must not adversely affect structural soundness, change the floor area or height, alter structural elements supporting other parts of the building, change the building's use or classification, or adversely affect compliance with applicable building standards.
That is why repainting a room and removing a load-bearing wall are treated very differently.
Common Perth projects - what approval might be needed?
| Project | Typical approval position | Important qualification |
|---|---|---|
| Kitchen or bathroom refurbishment | May not require planning or building approval where work is genuinely non-structural and falls within the building-permit exemption. | Structural wall changes, waterproofing/plumbing requirements and changes to windows or external openings can alter the approval pathway. |
| Removing an internal wall | A building permit is commonly required where the wall is load-bearing or affects structural compliance. | Engineering may be required. Non-structural work still needs to satisfy the Schedule 4 exemption. |
| Ground-floor extension | Building permit generally required. Development approval may be exempt for a compliant single-house proposal. | Setbacks, site cover, outdoor living, privacy, trees and local planning provisions can trigger development approval. |
| Second-storey addition | Building permit required; development approval depends on planning compliance and local controls. | Building height, overlooking, overshadowing and streetscape usually need careful assessment. |
| Patio, carport, garage or shed | Approval requirements depend on size, location, classification and local rules. | Some small Class 10 structures may be exempt from a building permit, but planning requirements can still apply. |
| Front fence or retaining wall | Planning and/or building approval can apply depending on height, location, materials and local requirements. | Front-fence rules vary significantly between councils and retaining can affect neighbouring land. |
| Ancillary dwelling / granny flat | Building permit required. Development approval may be avoidable where the proposal satisfies the applicable R-Codes and scheme requirements. | Lot-specific planning controls and servicing still need to be checked. |
What is a deemed-to-comply check?
A deemed-to-comply check is a useful middle ground when a homeowner believes the project complies with the R-Codes but wants confirmation before progressing to certification and a building permit.
It is not the same as a development approval. Instead, the local government reviews whether the proposed single house, extension or renovation satisfies the relevant deemed-to-comply requirements so that it can proceed without a development application where the statutory exemption applies.
Certified or uncertified building permit?
For Class 1 houses and Class 10 structures, WA allows both certified and uncertified building permit pathways.
| Certified BA1 | Uncertified BA2 |
|---|---|
| A private registered building surveyor reviews the documentation first and issues a Certificate of Design Compliance. | The local government arranges the building-standard assessment after the application is lodged. |
| The statutory decision period for a complete certified application is 10 business days. | The statutory decision period for a complete uncertified application is 25 business days. |
| Can be used for any building class and is often used where a consultant team is coordinating the permit documentation. | Available only for Class 1 and Class 10 buildings/structures. |
Those statutory periods can be affected where further information is requested, so complete and coordinated documentation is important.
Other approvals and constraints people forget
Even where development approval or a building permit appears straightforward, other requirements can affect the project. Depending on the property these may include heritage controls, bushfire requirements, strata approvals, sewer or drainage constraints, verge or crossover approvals, tree requirements, demolition approval and specialist engineering.
This does not mean every project is complicated. It means the approval pathway should be checked before the design is taken too far.
Why homeowners get caught out
- assuming that no development approval means no building permit;
- starting design work without checking local planning policies or heritage controls;
- obtaining engineering before the architectural design has stabilised;
- making changes after planning approval that no longer match the building-permit drawings;
- assuming a neighbour's similar project means the same rules apply to their property; and
- engaging trades before the required approvals and documentation are in place.
The easiest way to approach it
Before spending heavily on drawings or construction pricing, establish the approval pathway for the property and the proposed work.
For a typical extension, that means reviewing the site, R-Code, local planning framework and the scope of work; determining whether development approval is required; completing the design; coordinating engineering, energy and certification; and then lodging the appropriate building permit application.
Quick questions
If I don't need development approval, can I start building?
Not necessarily. Development approval and a building permit are separate. Many extensions that are exempt from planning approval still require a building permit.
Does development approval mean the design is ready to build?
No. Development approval addresses planning. The project still needs the technical documentation and certification required for the building-permit and construction stages.
Can council confirm that my proposal is deemed-to-comply?
Where clause 61A applies, a voluntary deemed-to-comply check can provide written local-government advice on whether the proposal qualifies for the relevant planning exemption.
How Shoreline Design can help
Shoreline Design can review the property at the beginning of a project, establish the likely planning and building approval pathway, prepare the required drawings and coordinate the consultants needed to progress the application.
For clients who prefer a coordinated service, Shoreline can also handle the council submission and normal drawing amendments requested during the approval process, rather than simply issuing plans and leaving the owner to manage the application alone.
This article is general information for Perth property owners. Planning rules, fees and costs change, and every property is different, so check the requirements for your own property before you act on it.