Carports

A carport is a roofed structure designed to accommodate one or more motor vehicles, unenclosed and without a door.

Do I need a Building Permit?

The Building Regulations 2012 state that construction, erection, assembly or placement a freestanding patio with a floor area of 10m2 or less and an overall height of no more than 2.4m does not require a Building Permit. All carports that are attached to another structure require a Building Permit, regardless of size or height.

How long does it take to get a Building Permit?

The Building Act 2011 sets time frames in which the Shire has to assess and determine an application for a Building Permit. The applicable timeframe depends on whether the Building Application is Uncertified or Certified.

It is important that you are aware of the allowed time frames prior to lodging your application and that your application documentation is complete.

Shire of Capel reserves the right to request additional information if it is deemed necessary following a detailed assessment of the application. Should further information be required in order to assess the Building Application, the applicant may be given up to 21 calendar days in which to provide the outstanding information. If the information is not received within the 21 days, the application may be refused unless mutual consent has been granted for an extended period.

Uncertified Building Applications:

An Uncertified Building Application can be submitted for Class 10 structures such as a carport.

The Shire has up to 25 business days from the date of lodgement to assess the application and issue a Building Permit. The required Certificate of Design Compliance will be issued by the Shire as part of the application process.

Certified Building Applications:

A Certified Building Application can be submitted for all Class of structures.

Prior to lodging a Certified Building Application to the Shire, a private Building Surveying Practitioner would need to be engaged to issue a Certificate of Design Compliance.

The Shire has up to 10 business days from the date of lodgement to assess the application and issue a Building Permit.

How long until my permit expires?

A Building Permit is valid for two years from the date on which it was granted.

If more time is required to complete the building works, you can apply for an extension of time up to a further 6 months by making a formal application and paying the prescribed fee.

What happens when I have completed my building works?

The nominated Builder on the Building Permit must submit a Notice of Completion BA7 form to the Shire within 7 days of completing the prescribed building works.

Download a Building Application Checklist to start your approval process.

Carports - Information Sheets & Building Application Checklist

Commercial Buildings

Commercial buildings have various uses, including factories, warehouses, shops, schools and sporting venues. The Building Code of Australia classes these types of buildings as Classes 2 – 9, depending on the proposed use.

Do I need a Building Permit?
The Building Act 2011 states that a Building Permit is required for all new commercial buildings. Renovation, repair and improvement to a commercial building also requires a Building Permit if the proposed work affects how the building complies with each applicable standard or alters the structural integrity of the building.
How long does it take to get a Building Permit?
The Building Act 2011 sets time frames in which the Shire has to assess and determine an application for a Building Permit. The Shire of Capel has up to 10 business days from the date of lodgement to assess a certified application and issue a Building Permit. It is important that you are aware of the allowed time frames prior to lodging your application and that your application documentation is complete.
Shire of Capel reserves the right to request additional information if it is deemed necessary following a detailed assessment of the application. Should further information be required in order to assess the Building Application, the applicant may be given up to 21 calendar days in which to provide the outstanding information. If the information is not received within 21 days, the application may be refused unless mutual consent has been granted for an extended period.
Certified Building Applications:
A Certified Building Application must be submitted for Class 2 to 9 structures. Prior to lodging a Certified Building Application with the Shire of Capel, a private Building Surveying Practitioner would need to be engaged to issue a Certificate of Design Compliance.
How long until my permit expires?
A Building Permit is valid for two years from the date on which it was granted.
If more time is required to complete the building works, you can apply for an extension of time up to a further 6 months by making a formal application and paying the prescribed fee.
What happens when I have completed my building works?
The nominated Builder on the Building Permit must submit a Notice of Completion BA7 form to the Shire within 7 days of completing the prescribed building works.   

Download a Building Application Checklist to start your approval process.

Commercial Buildings - Information Sheets & Building Application Checklist

Decks

A Building Permit is required for any deck, regardless of the height from natural ground level. However, only proposed decks raised more than 500mm above natural ground level will require certification by a Structural Engineer, regardless of the proposed construction material.

Do I need a Building Permit?

A Building Permit is required for any deck, regardless of the height from natural ground level. However, only proposed decks raised more than 500mm above natural ground level will require certification by a Structural Engineer, regardless of the proposed construction material.

How long does it take to get a Building Permit?

The Building Act 2011 sets time frames in which the Shire has to assess and determine an application for a Building Permit. The applicable timeframe depends on whether the Building Application is Uncertified or Certified. It is important that you are aware of the allowed time frames prior to lodging your application and that your application documentation is complete.

Shire of Capel reserves the right to request additional information if it is deemed necessary following a detailed assessment of the application. Should further information be required in order to assess the Building Application, the applicant may be given up to 21 calendar days in which to provide the outstanding information. If the information is not received within the 21 days, the application may be refused unless mutual consent has been granted for an extended period.

Uncertified Building Applications:

An Uncertified Building Application can be submitted for Class 10 structures such as a deck.

The Shire has up to 25 business days from the date of lodgement to assess the application and issue a Building Permit. The required Certificate of Design Compliance will be issued by the Shire as part of the application process.

Certified Building Applications:

A Certified Building Application can be submitted for all Class of structures.

Prior to lodging a Certified Building Application to the Shire, a private Building Surveying Practitioner would need to be engaged to issue a Certificate of Design Compliance.

The Shire has up to 10 business days from the date of lodgement to assess the application and issue a Building Permit.

How long until my permit expires?

A Building Permit is valid for two years from the date on which it was granted.

If more time is required to complete the building works, you can apply for an extension of time up to a further 6 months by making a formal application and paying the prescribed fee.

What happens when I have completed my building works?

The nominated Builder on the Building Permit must submit a Notice of Completion BA7 form to the Shire within 7 days of completing the prescribed building works.

Download a Building Application Checklist to start your approval process.

Decks - Information Sheets & Building Application Checklist

Demolition

Demolition work means the demolition, dismantling or removal of a building or an incidental structure and the changing of ground levels to an extent that could adversely affect neighbouring landowners.

Do I need a Demolition Permit?

A Demolition Permit is required prior to commencing demolition of part or all of a building. However, freestanding Class 10 buildings (sheds, patios) with a floor area of 40m² or less may be exempt from requiring a Demolition Permit.

A WorkSafe Demolition licence (licenced contractor) is not required for the removal of single storey dwellings.
Dwellings constructed before 1990, or in areas developed before 1990, may contain asbestos. Removal of asbestos must be performed in a safe manner; asbestos fibres pose a serious health hazard.
A WorkSafe Asbestos Removal licence is required when 10m² or more of asbestos containing material (asbestos cement sheeting) is removed.
Refer to the Environmental Health section of the Shire of Capel’s website for detailed instructions regarding asbestos removal. Hazardous Materials – Shire of Capel.

All buildings scheduled for demolition are to be baited for rodents, this needs to be completed a minimum of seven days prior to demolition.
Septic tanks or other underground sewage treatment apparatus must be decommissioned and filled with clean sand or removed entirely. The Shire of Capel’s Health Services must be notified of the existence of any sewage treatment apparatus on the demolition site at least seven days prior to the emptying and filling of such tanks.
A separate planning application may be required if the property is a heritage listed building. Contact the Shire of Capel’s Planning Services on 9727 0222 for further information.

How long does it take to get a Demolition Permit?

The Building Act 2011 sets time frames in which the Shire of Capel has to assess and determine an application for a Demolition Permit.
It is important that you are aware of allowed time frames prior to lodging your application and that your application documentation is complete at the time of submission.
Should further information be required by the Shire of Capel in order to assess the demolition application, the applicant may be given up to 21 calendar days in which to provide the outstanding information. If the information is not received within the 21 days, the application may be refused unless a mutual consent has been granted for a further 21 days.
The Shire of Capel has up to 10 business days from the date of lodgement to assess the application and issue a Demolition Permit.

How long until my permit expires?

A Demolition Permit is valid for two years from the date on which it was granted.
If more time is required to complete the building works, you can apply for an extension of time up to a further 6 months by making a formal application and paying the prescribed fee.

What happens when I have completed my building works?

The nominated demolition contractor on the Demolition Permit must submit a Notice of Completion BA7 form to the Shire of Capel within seven days of completing the prescribed demolition works.

Download a Building Application Checklist to start your approval process.

Demolition- Information Sheets & Building Application Checklist

Dwellings

A dwelling is a building or portion of a building being used, adapted, designed or intended to be used for the purpose of human habitation on a permanent basis by a single person, a single family or no more than six persons who are not a single family.

Do I need a Building Permit?
The Building Act 2011 states that any new dwelling, additions and structural alterations to a dwelling require a Building Permit. A Building Permit may not be required for the renovation, alteration, improvement repair or maintenance of a building or incidental structure, providing the building work will not adversely affect the structural soundness of the building or incidental structure.

How long does it take to get a Building Permit?
The Building Act 2011 sets time frames in which the Shire has to assess and determine an application for a Building Permit. The applicable timeframe depends on whether the Building Application is Uncertified or Certified. It is important that you are aware of the allowed time frames prior to lodging your application and that your application documentation is complete.
Shire of Capel reserves the right to request additional information if it is deemed necessary following a detailed assessment of the application. Should further information be required in order to assess the Building Application, the applicant may be given up to 21 calendar days in which to provide the outstanding information. If the information is not received within the 21 days, the application may be refused unless mutual consent has been granted for an extended period.
Uncertified Building Applications:
An Uncertified Building Application can be submitted for Class 1 structures such as a dwelling.
The Shire has up to 25 business days from the date of lodgement to assess the application and issue a Building Permit. The required Certificate of Design Compliance will be issued by the Shire as part of the application process.
Certified Building Applications:
A Certified Building Application can be submitted for all Class of structures.
Prior to lodging a Certified Building Application to the Shire, a private Building Surveying Practitioner would need to be engaged to issue a Certificate of Design Compliance.
The Shire has up to 10 business days from the date of lodgement to assess the application and issue a Building Permit.

How long until my permit expires?
A Building Permit is valid for two years from the date on which it was granted.
If more time is required to complete the building works, you can apply for an extension of time up to a further 6 months by making a formal application and paying the prescribed fee.

What happens when I have completed my building works?
The nominated Builder on the Building Permit must submit a Notice of Completion BA7 form to the Shire within 7 days of completing the prescribed building works.

Download a Building Application Checklist to start your approval process.

Dwellings - Information Sheets & Building Application Checklist

Earthworks

Earthworks are considered to be any alteration to the land contour or disturbance of land. These include the importation of clean fill, excavation, backfilling, retaining or re-compaction of existing natural ground that is, or will be, associated with the construction of a building or incidental structure. Earthworks are not exempt from requiring building approval. 

Do I need a Building Permit?
Owners who have chosen to do the earthworks in lieu of their builder, must obtain a building permit prior to any earthworks commencing.
Builders who rely on an owner for completing earthworks must ensure the earthworks are completed as per the building permit before commencing work on a building.
A building permit for a building will not be issued for a building or incidental structure if a permit for earthworks is outstanding or required.
If an effluent disposal system is required, an application for the installation of an apparatus for the treatment of sewage shall be required prior to issue of a building permit for earthworks.

How long does it take to get a Building Permit?
The Building Act 2011 sets time frames in which the Shire has to assess and determine an application for a Building Permit. The applicable timeframe depends on whether the Building Application is Uncertified or Certified. It is important that you are aware of the allowed time frames prior to lodging your application and that your application documentation is complete.
Shire of Capel reserves the right to request additional information if it is deemed necessary following a detailed assessment of the application. Should further information be required in order to assess the Building Application, the applicant may be given up to 21 calendar days in which to provide the outstanding information. If the information is not received within the 21 days, the application may be refused unless mutual consent has been granted for an extended period.

Uncertified Building Applications:
An Uncertified Building Application can be submitted for proposed earthworks. The Shire has up to 25 business days from the date of lodgement to assess the application and issue a Building Permit. The required Certificate of Design Compliance will be issued by the Shire as part of the application process.

Certified Building Applications:
A Certified Building Application can be submitted for all Class of structures.
Prior to lodging a Certified Building Application to the Shire, a private Building Surveying Practitioner would need to be engaged to issue a Certificate of Design Compliance.
The Shire has up to 10 business days from the date of lodgement to assess the application and issue a Building Permit.

How long until my permit expires?
A Building Permit is valid for two years from the date on which it was granted.
If more time is required to complete the building works, you can apply for an extension of time up to a further 6 months by making a formal application and paying the prescribed fee.

What happens when I have completed my building works?
The nominated Builder on the Building Permit must submit a Notice of Completion BA7 form to the Shire within 7 days of completing the prescribed building works.

Download a Building Application Checklist to start your approval process.

Earthworks - Information Sheets & Building Application Checklist

Occupancy Permit

It is a requirement under Part 4 of the Building Act 2011, to obtain an Occupancy Permit for all buildings of Class 2-9. Occupation of a building without an Occupancy Permit may incur penalties under the Act and Building Regulations. 

Types of Applications for An Occupancy Permit?
The Building Act 2011 and the Building Regulations 2012 set out a number of alternative types of Occupancy Permits. Applications (listed on form BA9) are required for the following:
• Occupancy Permit - Completed new building
• Temporary Occupancy Permit – Incomplete new building
• Modified Occupancy Permit – Additional use of a building on a temporary basis
• Replacement Occupancy Permit – Change of use (Class) of a building
• Unauthorised Building Occupancy Permit – Unauthorised building or portion of a building
• Renewed Occupancy Permit – Replace an existing permit (or Certificate of Classification) previously issued for a building
• Extended Temporary Occupancy Permit – Applicable time period of temporary permit extended

Obtaining an Occupancy Permit?
New unoccupied buildings
Before an Occupancy Permit can be issued for a new building/s the following steps need to be completed:
• The builder must submit a Notice of Completion (Form BA7) to the Local Government within 7 days of completing the building.
• An application for an Occupancy Permit (Form BA9) signed by the owner/occupier is to be submitted.
• A Certificate of Construction Compliance (Form BA17) with all contractor/consultant certifications is required to be submitted from a registered Building Surveyor. This would normally accompany the application for an Occupancy Permit (BA9).
Existing authorised occupied buildings
Before an Occupancy Permit can be issued for an existing authorised building/s the following steps need to be completed:
• A Certificate of Building Compliance (Form BA18) in accordance with s.57 of the Building Act 2011 is required to be submitted from a registered Building Surveyor confirming that they have inspected the building and that it complies with all building standards that it was approved under. This would normally accompany the application for an Occupancy Permit (BA9).
• An application for an Occupancy Permit (Form BA9) signed by the owner/occupier is to be submitted.
Existing unauthorised buildings
Before an Occupancy Permit can be issued for an existing unauthorised building/s the following steps need to be completed:
• A Certificate of Building Compliance (BA18) in accordance with s.57 of the Building Act 2011 is required to be submitted from a registered Building Surveyor confirming that they have inspected the building and that it complies with all current building standards. This would normally accompany the application for an Occupancy Permit (BA9). Refer to the unauthorised Class 2-9 buildings information sheets
• An application for an Occupancy Permit (Form BA9) signed by the owner/occupier is to be submitted.

Download a Building Application Checklist to start your approval process.

Occupancy - Information Sheets & Building Application Checklist

Patios

A patio is an open sided structure, enclosed on no more than two sides, with a roof that is impervious to water. A patio may or may not be attached to a dwelling.         

Do I need a Building Permit?
The Building Regulations 2012 state that construction, erection, assembly or placement a freestanding patio with a floor area of 10m2 or less and an overall height of no more than 2.4m does not require a Building Permit.
How long does it take to get a Building Permit?
The Building Act 2011 sets time frames in which the Shire has to assess and determine an application for a Building Permit. The applicable timeframe depends on whether the Building Application is Uncertified or Certified.
It is important that you are aware of the allowed time frames prior to lodging your application and that your application documentation is complete.
Shire of Capel reserves the right to request additional information if it is deemed necessary following a detailed assessment of the application. Should further information be required in order to assess the Building Application, the applicant may be given up to 21 calendar days in which to provide the outstanding information. If the information is not received within the 21 days, the application may be refused unless mutual consent has been granted for an extended period.
Uncertified Building Applications:
An Uncertified Building Application can be submitted for Class 10 structures, such as a patio.
The Shire has up to 25 business days from the date of lodgement to assess the application and issue a Building Permit. The required Certificate of Design Compliance will be issued by the Shire as part of the application process.
Certified Building Applications:
A Certified Building Application can be submitted for all Class of structures.
Prior to lodging a Certified Building Application to the Shire, a private Building Surveying Practitioner would need to be engaged to issue a Certificate of Design Compliance.
The Shire has up to 10 business days from the date of lodgement to assess the application and issue a Building Permit.
How long until my permit expires?
A Building Permit is valid for two years from the date on which it was granted.
If more time is required to complete the building works, you can apply for an extension of time up to a further 6 months by making a formal application and paying the prescribed fee.
What happens when I have completed my building works?
The nominated Builder on the Building Permit must submit a Notice of Completion BA7 form to the Shire within 7 days of completing the prescribed building works.  

Download a Building Application Checklist to start your approval process.

Patios - Information Sheets & Building Application Checklist

Pergolas & Shade Sails

A pergola or shade sail is a structure used to create outdoor shade. A pergola is an open sided structure and has an open weave permeable roof, for example shade cloth or lattice.  A shade sail also has an open weave permeable roof that is tensioned between several anchor points.

Do I need a Building Permit?

The Building Regulations 2012 state that construction, erection, assembly or placement of a pergola or shade sail with a floor area of 20m² or less and an overall height of no more than 2.4m does not require a Building Permit.

How long does it take to get a Building Permit?

The Building Act 2011 sets time frames in which the Shire has to assess and determine an application for a Building Permit. The applicable timeframe depends on whether the Building Application is Uncertified or Certified. It is important that you are aware of the allowed time frames prior to lodging your application and that your application documentation is complete.

Shire of Capel reserves the right to request additional information if it is deemed necessary following a detailed assessment of the application. Should further information be required in order to assess the Building Application, the applicant may be given up to 21 calendar days in which to provide the outstanding information. If the information is not received within the 21 days, the application may be refused unless mutual consent has been granted for an extended period.

Uncertified Building Applications:

An Uncertified Building Application can be submitted for Class 10 structures, such as a pergola or shade sail.

The Shire has up to 25 business days from the date of lodgement to assess the application and issue a Building Permit. The required Certificate of Design Compliance will be issued by the Shire as part of the application process.

Certified Building Applications:

A Certified Building Application can be submitted for all Class of structures.

Prior to lodging a Certified Building Application to the Shire, a private Building Surveying Practitioner would need to be engaged to issue a Certificate of Design Compliance.

The Shire has up to 10 business days from the date of lodgement to assess the application and issue a Building Permit.

How long until my permit expires?

A Building Permit is valid for two years from the date on which it was granted.

If more time is required to complete the building works, you can apply for an extension of time up to a further 6 months by making a formal application and paying the prescribed fee.

What happens when I have completed my building works?

The nominated Builder on the Building Permit must submit a Notice of Completion BA7 form to the Shire within 7 days of completing the prescribed building works.

Download a Building Application Checklist to start your approval process.

Pergolas & Shade Sails - Information Sheets & Building Application Checklist

Retaining Walls

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

Do I need a Building Permit?

The Building Regulations 2012 state that construction, erection, assembly or placement of a retaining wall that retains ground no more than 500mm in height and is not associated with any other building work or with the protection of land adjoining the land on which the retaining wall is proposed does not require a Building Permit. 

Retaining walls along boundaries will require a Building Permit regardless of height.

How long does it take to get a Building Permit?

The Building Act 2011 sets time frames in which the Shire has to assess and determine an application for a Building Permit. The applicable timeframe depends on whether the Building Application is Uncertified or Certified. It is important that you are aware of the allowed time frames prior to lodging your application and that your application documentation is complete.

Shire of Capel reserves the right to request additional information if it is deemed necessary following a detailed assessment of the application. Should further information be required in order to assess the Building Application, the applicant may be given up to 21 calendar days in which to provide the outstanding information. If the information is not received within the 21 days, the application may be refused unless mutual consent has been granted for an extended period.

Uncertified Building Applications:

An Uncertified Building Application can be submitted for Class 10 structures such as a retaining wall.

The Shire has up to 25 business days from the date of lodgement to assess the application and issue a Building Permit. The required Certificate of Design Compliance will be issued by the Shire as part of the application process.

Certified Building Applications:

A Certified Building Application can be submitted for all Class of structures.

Prior to lodging a Certified Building Application to the Shire, a private Building Surveying Practitioner would need to be engaged to issue a Certificate of Design Compliance.

The Shire has up to 10 business days from the date of lodgement to assess the application and issue a Building Permit.

How long until my permit expires?

A Building Permit is valid for two years from the date on which it was granted.

If more time is required to complete the building works, you can apply for an extension of time up to a further 6 months by making a formal application and paying the prescribed fee.

What happens when I have completed my building works?

The nominated Builder on the Building Permit must submit a Notice of Completion BA7 form to the Shire within 7 days of completing the prescribed building works.

Download a Building Application Checklist to start your approval process.

Retaining Walls - Information Sheets & Building Application Checklist

Saftey Barriers 

A safety barrier refers to an assembly of components natural or otherwise, which form the intended barrier to a pool, exclusive of gates or door sets. The safety barrier includes items such as posts and panels, constructed or natural walls, sides of buildings, child resistant windows, and balustrades on a balcony, where they form part of the intended barrier.

What can I build?

The design and construction of safety barriers must comply with requirements of the Australian Standards AS1926.1-2012. Safety barriers can be constructed using any materials providing they are durable and they comply with the standards.

For more information refer to the Rules for Pools & Spas publication on the Department of Mines, Industry Regulations and Safety website.

Do I need a Building Permit?

Under building legislation in WA, it is compulsory to obtain a Building Permit prior to the installation of any new swimming pool or spa safety barrier.

How long does it take to get a Building Permit?

The Building Act 2011 sets time frames in which the Shire has to assess and determine an application for a Building Permit. The applicable timeframe depends on whether the Building Application is Uncertified or Certified.

It is important that you are aware of the allowed time frames prior to lodging your application and that your application documentation is complete.

Shire of Capel reserves the right to request additional information if it is deemed necessary following a detailed assessment of the application. Should further information be required in order to assess the Building Application, the applicant may be given up to 21 calendar days in which to provide the outstanding information. If the information is not received within the 21 days, the application may be refused unless mutual consent has been granted for an extended period.

Uncertified Building Applications:

An Uncertified Building Application can be submitted for Class 10 structures such as a pool safety barrier.  The Shire has up to 25 business days from the date of lodgement to assess the application and issue a Building Permit. The required Certificate of Design Compliance will be issued by the Shire as part of the application process.

Certified Building Applications:

A Certified Building Application can be submitted for all Class of structures.   Prior to lodging a Certified Building Application to the Shire, a private Building Surveying Practitioner would need to be engaged to issue a Certificate of Design Compliance.  The Shire has up to 10 business days from the date of lodgement to assess the application and issue a Building Permit.

How long until my permit expires?

A Building Permit is valid for two years from the date on which it was granted.   If more time is required to complete the building works, you can apply for an extension of time up to a further 6 months by making a formal application and paying the prescribed fee.

What happens when I have completed my building works?

The nominated builder on the Building Permit must submit a Notice of Completion BA7 form to the Shire of Capel within seven days and an inspection must be conducted before swimming pool or spa can be filled with water.

Download a Building Application Checklist to start your approval process.

Safety Barriers - Information Sheets & Building Application Checklist

Sheds & Garages

A shed is an enclosed non-habitable structure that is detached from any dwelling. A garage is any roofed structure, other than a carport, designed to accommodate one or more motor vehicles.

Do I need a Building Permit?

The Building Regulations 2012 state that construction, erection, assembly or placement of a freestanding outbuilding with a floor area of 10m2 or less and an overall height of no more than 2.4m does not require a Building Permit.
How long does it take to get a Building Permit?
The Building Act 2011 sets time frames in which the Shire has to assess and determine an application for a Building Permit. The applicable timeframe depends on whether the Building Application is Uncertified or Certified.
It is important that you are aware of the allowed time frames prior to lodging your application and that your application documentation is complete.
Shire of Capel reserves the right to request additional information if it is deemed necessary following a detailed assessment of the application. Should further information be required in order to assess the Building Application, the applicant may be given up to 21 calendar days in which to provide the outstanding information. If the information is not received within the 21 days, the application may be refused unless mutual consent has been granted for an extended period.

Uncertified Building Applications:

An Uncertified Building Application can be submitted for Class 10 structures such as a shed or garages.

The Shire has up to 25 business days from the date of lodgement to assess the application and issue a Building Permit. The required Certificate of Design Compliance will be issued by the Shire as part of the application process.

Certified Building Applications:

A Certified Building Application can be submitted for all Class of structures.
Prior to lodging a Certified Building Application to the Shire, a private Building Surveying Practitioner would need to be engaged to issue a Certificate of Design Compliance.

The Shire has up to 10 business days from the date of lodgement to assess the application and issue a Building Permit.

How long until my permit expires?

A Building Permit is valid for two years from the date on which it was granted.
If more time is required to complete the building works, you can apply for an extension of time up to a further 6 months by making a formal application and paying the prescribed fee.
What happens when I have completed my building works?
The nominated Builder on the Building Permit must submit a Notice of Completion BA7 form to the Shire within 7 days of completing the prescribed building works.

Download a Building Application Checklist to start your approval process.

Shed's & Garages - Information Sheets & Building Application Checklist

Stormwater Drainage

What is a stormwater runoff?
Rainwater that is collected from roof and paved areas on and around the dwelling on the property and includes swimming pool and spa water discharge from overflowing or emptying a swimming pool.

What can I build?

The Shire of Capel requires all stormwater falling within the lot boundaries to be contained on site, either through soakwell, drainage cells, sumps or other approved methods.
It is necessary to design and install a system so that when overflowing occurs any water is directed away in a manner which ensures it does not pond against, or enter into, the building or adjacent properties.
When installing soakwells they should be located away from adjacent structures by a distance at least equal to the depth of the bottom of the soakwell, unless certified by a Practicing Structural Engineer that the structure will not be adversely affected by the soakwell location.
An above ground overflow path should be provided to prevent flooding of the premises or adjacent properties, should the system overflow in times of prolonged heavy storms.
Soakwells located under driveways should have trafficable lids and bases.
Soakwells within the Drainage System must be interconnected and grated inlets should be installed at the base of all downpipes.
One downpipe is required for approximately 15 square metres of roof area. The distance between downpipes should not exceed 12 metres in accordance with the Building Codes of Australia.

Do I need a Building Permit?

Property owners have a statutory obligation under common law precedents and the Local Government Act to confine stormwater within their boundaries.
An application for Stormwater Drainage Systems can be submitted as part of a dwelling building application providing the responsible person installing the Stormwater Drainage Systems is the builder.

Where an application states “soakwells by owner”, “stormwater by owner” or any other note, indicating that the owner or any other party will take responsibility for the installation and management of stormwater drainage systems, a separate Building Permit Application must be lodged, assessed and approved by Shire of Capel, prior to the Dwelling Permit being issued.

Stormwater Retention?

The minimum capacity of Stormwater Retention for Dalyellup, Gelorup and Peppermint Grove Beach is 1 cubic meter per 100 square metres and Capel and Boyanup requires 1 cubic meter per 65 square metres of impervious area. Impervious area being roofs, paved areas and driveways.
Problem areas can only be detained, not disposed of onsite, due to high gradient or impervious soils, overflow connection via a flow control pit (which can be included in the volume of onsite storage for stormwater detention) is required to Council’s Street drainage system.

Soakwell sizes and Capacities:

How long does it take to get a Building Permit?

The Building Act 2011 sets time frames in which the Shire has to assess and determine an application for a Building Permit. The applicable timeframe depends on whether the Building Application is Uncertified or Certified. It is important that you are aware of the allowed time frames prior to lodging your application and that your application documentation is complete.
Shire of Capel reserves the right to request additional information if it is deemed necessary following a detailed assessment of the application. Should further information be required in order to assess the Building Application, the applicant may be given up to 21 calendar days in which to provide the outstanding information. If the information is not received within the 21 days, the application may be refused unless mutual consent has been granted for an extended period.

Uncertified Building Applications:
An Uncertified Building Application can be submitted for Class 10 structures such as a Stormwater Drainage System.
The Shire has up to 25 business days from the date of lodgement to assess the application and issue a Building Permit. The required Certificate of Design Compliance will be issued by the Shire as part of the application process.

Certified Building Applications:
A Certified Building Application can be submitted for all Class of structures.
Prior to lodging a Certified Building Application to the Shire, a private Building Surveying Practitioner would need to be engaged to issue a Certificate of Design Compliance.
The Shire has up to 10 business days from the date of lodgement to assess the application and issue a Building Permit.

How long until my permit expires?

A Building Permit is valid for two years from the date on which it was granted.
If more time is required to complete the building works, you can apply for an extension of time up to a further 6 months by making a formal application and paying the prescribed fee.

What happens when I have completed my building works?

The nominated Builder on the Building Permit must submit a Notice of Completion BA7 form to the Shire within 7 days of completing the prescribed building works.

Download a Building Application Checklist to start your approval process.

Stormwater Drainage - Information Sheets & Building Application Checklist

Swimming Pools

A swimming pool is an excavation or structure containing water at a depth greater than 300mm used primarily for swimming, wading, paddling or the like. It includes a wading pool or spa.

What can I build?

The most common type of swimming pool is fiberglass; however pools can be constructed using concrete or a steel frame and liner. The Building Regulations 2012 require all private swimming pools and spas to have a compliant safety barrier that surrounds the pool or spa in accordance with the Australian Standards AS1926.1-2012.

For more information refer to the Rules for Pools & Spas publication on the Department of Mines, Industry Regulations and Safety website.

Do I need a Building Permit?

A Building Permit is required for the construction, erection, assembly or placement of a swimming pool and/or spa that is capable of containing a depth of water of more than 300mm. Inflatable and portable aboveground pools are not exempt and will require a Building Permit.

How long does it take to get a Building Permit?

The Building Act 2011 sets time frames in which the Shire has to assess and determine an application for a Building Permit. The applicable timeframe depends on whether the Building Application is Uncertified or Certified. It is important that you are aware of the allowed time frames prior to lodging your application and that your application documentation is complete.

Shire of Capel reserves the right to request additional information if it is deemed necessary following a detailed assessment of the application. Should further information be required in order to assess the Building Application, the applicant may be given up to 21 calendar days in which to provide the outstanding information. If the information is not received within the 21 days, the application may be refused unless mutual consent has been granted for an extended period.

Uncertified Building Applications: 
An Uncertified Building Application can be submitted for Class 10 structures such as a swimming pools. The Shire has up to 25 business days from the date of lodgement to assess the application and issue a Building Permit. The required Certificate of Design Compliance will be issued by the Shire as part of the application process.

Certified Building Applications:
A Certified Building Application can be submitted for all Class of structures. Prior to lodging a Certified Building Application to the Shire, a private Building Surveying Practitioner would need to be engaged to issue a Certificate of Design Compliance. The Shire has up to 10 business days from the date of lodgement to assess the application and issue a Building Permit.

How long until my permit expires?

A Building Permit is valid for two years from the date on which it was granted. If more time is required to complete the building works, you can apply for an extension of time up to a further 6 months by making a formal application and paying the prescribed fee.

What happens when I have completed my building works?

The nominated builder on the Building Permit must submit a Notice of Completion BA7 form to the Shire of Capel within seven days and an inspection must be conducted before swimming pool or spa can be filled with water. The Shire's Swimming Pool Inspector conducts pre-installation, final installation and 4 yearly maintenance inspections.

Download a Building Application Checklist to start your approval process.

Swimming Pools & Spa - Information Sheets & Building Application Checklist

Unathorised Works

Unauthorised works are building works that have been commenced without a Building Permit. A ‘Building Approval Certificate’ is used to retrospectively approve unauthorised building work relating to residential Class 1 and 10 structures and a Class 2 to Class 9 building that does not require an occupancy permit, an Occupancy Permit is required for commercial Class 2 – 9 structures.

What can I do about an unauthorised structure?

Building work must not be commenced without a Building Permit where one is required. The Building Act 2011 allows a person to make an application to approve unauthorised building work in relation to a building or incidental structure. This process should not be used to circumvent the need for a Building Permit.

The retrospective approval process may assist those who are buying or selling a property that has an unauthorised structure. If you have commenced building work without approval, or purchased a property with unauthorised structure/s, you are able to submit an application to obtain retrospective approval from the Shire of Capel.
In most cases, the Shire of Capel is able to grant retrospective approval for unauthorised structures. In certain circumstances, if the unauthorised building/structure does not comply with the Building Code of Australia (BCA) or relevant standards, the property owner may be requested to complete building work to achieve compliance with the relevant standards or remove the structure.

In cases where the Building Act 2011 has been breached, the Shire of Capel may consider legal action which could include the issuance of a building order and/or referral to the Shire of Capel solicitors for prosecution.

How do I obtain retrospective approval?

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 a BA13 form - Application for Building Approval Certificate. 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 a BA9 form - Application for Occupancy Permit.
Other approvals administered by the Shire of Capel (such as planning and health) may also be required. Applicants should contact the Shire of Capel on these matters before lodging an application.

Seeking approval

When seeking retrospective approval for residential or commercial building work, a registered building surveyor must be engaged to issue a ‘certificate of building compliance’ (BA18) before an Application for a Building Approval Certificate (BA13) or an Application for an Occupancy Permit (BA9) can be made to the permit authority.

Certificate of Building Compliance?

A Certificate of Building Compliance is required to ensure the unauthorised building or incidental structure is compliant with the Building Code of Australia.

A Certificate of Building Compliance can be obtained from a registered Building Surveying Practitioner. The Building Surveyor will need to gather relevant information to ensure the applicable building standards have been met.

Building Approval Certificate or Occupancy Permit

A Building Approval Certificate or an Occupancy Permit confirms that the building has been assessed by a registered Building Surveying Practitioner for compliance and that a Certificate of Building Compliance has been issued.

How long does it take to get retrospective approval?

The Building Act 2011 sets time frames in which the Shire of Capel has to assess and determine an application. The Shire of Capel has up to 10 business days from the date of lodgement to assess the application and issue a Building Approval Certificate or Occupancy Permit. It is important that you are aware of allowed time frames prior to lodging your application and that you ensure your application documentation is complete.

Should further information be required by the Shire of Capel in order to assess the Building Approval Certificate or Occupancy Permit application, the applicant may be given up to 21 calendar days in which to provide the outstanding information. If the information is not received within the 21 days, the application may be refused unless mutual consent has been granted for a further 21 days.

Download a Building Application Checklist to start your approval process.

Unathorised Work - Information Sheets & Building Application Checklist

Water Tanks

A water tank is a container for storing water for domestic and industrial purposes. Water tanks provide storage of water for use in many applications, such as drinking water, irrigation, fire suppression, and agricultural farming, both for plants and livestock.

Do I need a Building Permit?

The Building Regulations 2012 state that a Building Permit is required prior to the construction, erection, assembly or placement of a water tank more than 5000 litres in capacity. For smaller water tanks less than 5000 litres and not higher than the height of a boundary fence i.e. 1800mm, a Building Permit is not required.

How long does it take to get a Building Permit?

The Building Act 2011 sets time frames in which the Shire has to assess and determine an application for a Building Permit. The applicable timeframe depends on whether the Building Application is Uncertified or Certified. It is important that you are aware of the allowed time frames prior to lodging your application and that your application documentation is complete.

Shire of Capel reserves the right to request additional information if it is deemed necessary following a detailed assessment of the application. Should further information be required in order to assess the Building Application, the applicant may be given up to 21 calendar days in which to provide the outstanding information. If the information is not received within the 21 days, the application may be refused unless mutual consent has been granted for an extended period.

Uncertified Building Applications:

An Uncertified Building Application can be submitted for Class 10 structures such as a water tank.
The Shire has up to 25 business days from the date of lodgement to assess the application and issue a Building Permit. The required Certificate of Design Compliance will be issued by the Shire as part of the application process.

Certified Building Applications:

A Certified Building Application can be submitted for all Class of structures.
Prior to lodging a Certified Building Application to the Shire, a private Building Surveying Practitioner would need to be engaged to issue a Certificate of Design Compliance.

The Shire has up to 10 business days from the date of lodgement to assess the application and issue a Building Permit.

How long until my permit expires?

A Building Permit is valid for two years from the date on which it was granted.
If more time is required to complete the building works, you can apply for an extension of time up to a further 6 months by making a formal application and paying the prescribed fee.

What happens when I have completed my building works?

The nominated Builder on the Building Permit must submit a Notice of Completion BA7 form to the Shire within 7 days of completing the prescribed building works.

Download a Building Application Checklist to start your approval process.

Water Tanks - Information Sheets & Building Application Checklist