User guide for negotiating Council approval for owner building
in Australia
This document is intended as a guide only. Research was undertaken online and situations and conditions in each state will vary within council regions based on their levels of acceptance of alternative building approvals and experiences. As far as Earthship specific building and planning approval, the engineering requirements may vary. Architects, building designers, building surveyors, structural engineers, planners and natural builders will all be invaluable resources for an owner-build. Good luck!
General advice for Owner Building: ...................................................................................... 2 Definitions ............................................................................................................................ 3 DA (Development Application) .......................................................................................... 3 Certificate of Consent ........................................................................................................ 4 BCC (Building Construction Certificate) .............................................................................. 4 Site Survey........................................................................................................................ 5 Energy Assessment ........................................................................................................... 5 Materials Reuse Statement (sometimes called Waste Management Report) ....................... 5 Geotechnical Report .......................................................................................................... 5 Flora and Fauna Assessments ............................................................................................ 5 Design Drawings ............................................................................................................... 5 Construction (Building) Drawings ...................................................................................... 5 Role of the Building Certifier .............................................................................................. 6 Project Specifications or "Spes".......................................................................................... 6 Useful Resources ............................................................................................................... 7 Victoria ................................................................................................................................. 7 Plans Planning Permit .................................................................................................... 8 Building Building Permit ................................................................................................. 9 Grey Water and Composting Toilet options ....................................................................... 11 Useful resources .............................................................................................................. 12 NSW .................................................................................................................................... 13 Owner Building in New South Wales Overview ................................................................. 13 Approvals needed for building work ................................................................................. 14 Development consent or Complying Development Certificate (CDC) ................................. 14 Construction approval ..................................................................................................... 15 BASIX assessment .......................................................................................................... 15 PCA ................................................................................................................................ 15 Grey Water Use ............................................................................................................... 16 Public liability insurance .................................................................................................. 16 Useful Resources: ............................................................................................................. 17 Queensland ........................................................................................................................ 18 Development Application ................................................................................................ 18 Building Permit ............................................................................................................... 18 Building inspections ........................................................................................................ 19 Post approval operational works ...................................................................................... 20 Grey Water ..................................................................................................................... 21 Northern Territory .............................................................................................................. 22 Owner builder certificate ................................................................................................. 22 Building Permit ............................................................................................................... 23 Occupancy Permit ........................................................................................................... 23 Grey Water Use ............................................................................................................... 23 2 Energy Efficiency ............................................................................................................. 23 Glazing Calculators ......................................................................................................... 23 Useful Resources ............................................................................................................. 24 South Australia ................................................................................................................... 24 Development Approval .................................................................................................... 24 Building Rules Consent .................................................................................................... 26 Energy Efficiency ............................................................................................................. 26 Grey Water ..................................................................................................................... 27 Useful Resources: ............................................................................................................ 28 Western Australia ............................................................................................................... 28 Planning Approval .......................................................................................................... 28 Owner Builder Registration ............................................................................................. 28 Building Licence .............................................................................................................. 29 Energy Efficiency ............................................................................................................. 29 Grey Water ..................................................................................................................... 30 Useful Resources ............................................................................................................. 30 Tasmania ............................................................................................................................ 30 Notification of the first building ....................................................................................... 30 Planning Permit ............................................................................................................... 31 Tradespersons .................................................................................................................. 33 Levies .............................................................................................................................. 33 Grey Water ...................................................................................................................... 33 Energy Efficiency ............................................................................................................. 34 Useful Resources ............................................................................................................. 34
1. Engage a building designer to draw up plans. Note: There is no reason you can not prepare the initial design-drawings yourself - see: DIY Home Design for more information. Alternatively download the free e-book entitled Designing Your Own Home. 2. Call your local council and ask to speak with the 'On Duty Building Inspection'. Ask them what you need to submit in your Development Application (DA), and what council documents you should read to ensure you understand what is required. Once you have submitted your DA and it has been approved you will need to submit another set of plans to obtain a Construction Certificate (CC). Insure that you add any DA specified conditions to you CC application. Note: You can submit these two applications together if you are 100% confident that the construction process will be simple and will not effect neighbours. 3. Read through the Development Control Plans (DCP's) and Local Environmental Plans (LEP's) and any other Council or regulatory body documents that may pertain to your property. Ask council about these. 4. Once you have you DA and CC drawings approved and stamped put your plans out for tender. Ensure you include a building specification with your plans so that everyone is quoting on the same finishes and detail. Choose your tradespeople on price as well as communication skills (this is extremely important). After you have selected winning bids you can start discussing cost savings. Do not discuss cost savings during the quoting processes - it will makes the quotes difficult to compare. 3 5. Once you have chosen your tradespeople and know the total construction cost you will need to obtain Home Warranty Insurance and your Owner Builders Licence. Search online for these. 6. Once you have your Home Warranty Insurance and your Owner Builders Licence you will need to prepare the construction site. The information you read in The Building Process will now start to be relevant.
Definitions
An owner-builder is defined as a person who constructs or renovates a domestic building on his or her own land, who is not in the business of building.
An owner-builder takes on all the risks and responsibilities of a registered building practitioner An owner builder effectively assumes the responsibilities, risks and liabilities of a registered building practitioner, including: Obtaining all permits required Ensuring the work meets relevant building regulations, standards and other laws (e.g. The Building Act, The Building Regulations, The Building Code of Australia, The Domestic Building Contracts Act) Arranging for building inspections as required by law Obtaining an occupancy permit or certificate of final inspection Ensuring the appropriate workplace and public safety insurance policies are in place. If an owner builder sells their house within six years of completing work, they must provide warranty insurance cover to the purchaser. They are also required to provide a technical inspection report that identifies defects.
DA (Development Application) A DA (Development Application) is the first part of the council approval process. The DA is typically submitted by the developer or owner to the local council for approval of new homes and renovations that involve structural changes. Design drawings, Statement of Environmental Effects, Materials Reuse Statement (also called a Waste Management Report) and a BASIX Certificates (Energy Efficiency rating or equivalent, depending on your state) must accompany the application. Other reports such as Flora and Fauna Assessments, Bushfire Assessments and Geo-technical Assessments may also be required (you need to check with your local council). Together these documents describe the usage, style, size and location of the intended building and its surrounds including the zoning and any special conditions that may be placed upon the property. Those special conditions or encumbrances are listed in the Section 149 Certificate that form part of the contract of sale document. They can include: bushfire areas earthquake of subsistence areas alpine environments waterways heritage flood zone These encumbrances can limit your choose of construction types eg, rendered brick walls are not suggested in mine subsidence areas due to the cracking that will most likely occur as a result of ground movement. For the same reasons, unusual structures such as straw bale buildings will need special consideration. A DA approval is required for a new building and for alterations to an existing building when there is a: change in the footprint of the building change to the facade ie location of windows and doors and roof line 4 structural change ie structural beam added alteration to the location of services. Once the council is satisfied that the development is in accordance with council requirements and that it blends in with the surrounding building, approval is granted and remains valid for 5 years (Oct 2010). It should be noted that many alterations to buildings are made without DAs. Often the only record of the interior of an existing building is the plumbing diagram, which shows the building footprint and services. It is in fact possible to completely refurbish a house without a DA. Keep in mind that a DA will be required if you are changing the structure or window and door locations on a building. Currently councils take on average 78 days to assess a new development and 57 days to assess an alternation.
Certificate of Consent Owner builders must obtain a Certificate of Consent from the Building Practitioners Board if they are seeking a building permit for domestic building work valued at greater than $12,000.
To get a certificate, the owner builder will need to obtain an Owner-Builder Information and Education Kit . An owner builder will also need to: Sign a statutory declaration that they have read the kit Declare they are building or renovating only one dwelling Declare they have not had a permit to undertake work on a different allotment as an owner builder within the previous three-year period, commencing from 14 June 2005 Pay an application fee of $75.
The Owner-Builder Information and Education Kit covers areas like: Certificates of Consent, permits, building Standards, local Council laws, insurance, inspections, contracts, agreements, completion of building work, selling your property. The kit is available free of charge from the Building Commission website or by calling them (1300 360 320, www.buildingcommission.com.au).
BCC (Building Construction Certificate) A Building Construction Certificate application is the second part of the council approval process and a Building Construction Certificate will need to be issued by the local council before a development can begin - this includes any clearing that is required before construction. (Councils in other states are likely to have similar approvals.) The building's Design/Construction Drawings and Specification document is submitted to council and reviewed by a Building Surveyor who confirms that all construction types noted on the plans are compliant with building codes and regulations and minimum standards of quality have been adhered to. (See below for more information about these drawings.) A combined DA and BCC application can be submitted to council, which is cheaper, unless the construction is complicated. Changes after a BCC has been issued must be approved by council, during construction, may cause non compliance, and require a Section 96 amendment application. Different documents and drawings may be required at different stages of building.
A pre development meeting with council is often suggested for builds which will be straying from conventional housing types. Check if there are strawbale homes built in your council area and ask if there is a different standard used for alternative dwellings. 5
Site Survey This is a graphic description of the property and a comprehensive survey usually contains: North arrow and scale of drawing Location of public thoroughfares Site boundary dimensions Location of easements Location of existing developments and driveways Contour lines in AHD levels Locations of trees Location of fencing and sheds Location of watercourses, services, rock outcrops etc From this a Site Plan and Analysis is created. This document may include more or less information than the above and is essential in informing councils assessors and neighbours about the proposed development. It is also a valuable document when considering future site improvements. A detailed survey will cost around $1,000.
Energy Assessment Each state in Australia differes in regards to the programs used to quantify energy and water saving elements of the building design. All development applications lodged for new homes, renovations and additions valued over $100,000 must contain an energy assessment certificate. The certificate pledges the homeowner to water and energy saving commitments that must be verified by an accredited certifier before an Occupation Certificate is issued. Materials Reuse Statement (sometimes called Waste Management Report) This is a short 2 page form where the applicant makes a statement to local council how demolished materials will be disposed of, or recycled, and how waste will be managed during construction. Geotechnical Report The type of soil determines the bearing capacity (how much weight it can support), and its reactivity (how much the soil moves with different moisture contents). This report or assessment by a geo-technical engineer is normally requested by the architect or structural engineer. The engineer inspects the site and if necessary, takes soil samples from the site and analyses them in a soil lab. The information in his report allows the engineer to nominate the type of footings required. This assessment will cost around $3,000 Flora and Fauna Assessments This report is typically required if your site is part of a bushland area. Council will require this report to assess the development and its likely impact on any endangered flora and Fauna. This report may request that no development is to occur in particular areas of the site and will also cost around $3,000 Design Drawings The architect/building designer or drafts person (designer) starts by drawing some rough sketches which are presented to the client for discussion. Those sketches might be revised a few times until the client is happy. The designer then draws up accurate and complete design drawings for the client and for council approval. They will include plans, elevations and sectional views and may also include a model, three dimensional drawings and detailed drawings. The fees for these drawings will vary greatly depending on the designers qualifications & experience see our FAQ for more information. Construction (Building) Drawings These are filled-out and finalised design drawings of the building that show all sufficient detail to allow the builder or tradesman to construct the building. They will include to scale floor plans that also show front and side elevation, and sections. These drawings will also explain: Details of wall dimensions, construction and cladding types Heights of balconies and their wall or screen materials 6 Roof construction and pitches and cladding details Distance of development from site boundaries What type of windows and doors are to be used and where they are to be located Other drawings (will cost extra) Service diagrams (electrical and plumbing etc) Engineering details for footings and slabs for example Wet area details showing bath, toilet and sink locations Role of the Building Certifier
In all jurisdictions, formal building approvalis needed before most building work can commence. Building approval requires that the development complies with the terms of the planning approval and the building standards prescribed in the BCA (recently subsumed into the National Construction Code) and any other standards adopted by a specific jurisdiction (or individual LG). Building approval can be issued by either LG certifiers/surveyors or (where legislation permits this) a private building certifier/surveyor. As such, regulatory compliance costs are associated with both LG and private certifier/surveyor administration of state based building legislation. While jurisdictions differ somewhat in the processes involved, certifying authorities(whether private or municipal/LG) are generally responsible for: overseeing the construction work on the site ensuring compliance with the relevant conditions of the development approval ensuring the proposal complies with relevant standards, codes and local laws ensuring that critical stages of the construction have been inspected issuing an Occupation (or Final Inspection) Certificate for the building work before the building is occupied or the use of the development commences.
Project Specifications or "Spes" The "spes" is a working document usually drawn up by the designer - a standard and basic Spes can be purchased from associations such as the RAIA or MBA and can sometimes be purchased at your local council for around $20. The designers spes is a complete and comprehensive description of various aspects of the building project and includes such things as: Site Preparation Concrete Construction Timber and Steel Construction Brick and Block Construction Insulation and sarking Roofing Cladding Doors and Window Lining Trowelled Coatings Block and tile Finishes Floor Coating and Coverings Painting Timber Fixtures Plumbing and Drainage Electrical and Mechanical Installations Fences and External walls 7 Landscaping Pavement and Roads The Spes is included in the BCC to ensure that the construction and its finishes meet the minimum Australian Standard of quality. This information may also be required by a lending authority. Detailed specifications also include information about: Floor finishes Wall finishes Size and types of window frames and hardware Types of doors and door hardware Type of kitchen cabinetry, hardware and white goods Type of bathroom cabinetry, shower recesses, baths and hardware Style and number of lights The Specification defines the type of finishes (budget, average or luxury) of the construction. The type of finish can dramatically change building costs, so without this detail it is not possible to cost the finishing of the building. The Spes is also an important guide for tradespeople for it defines the quality and extent of work required and the PC items that need to be acquired by the tradesperson or the owner.
Useful Resources
Grey water use in each state http://www.recycledwater.com.au/index.php?id=79
In 2004 there were a total of 33,545 domestic building permits issued to owner builders in Victoria, with a total project value of $2.1 billion.
The Building Commission believes that genuine owner builders make up less than 10% of the overall Victorian building industry. However in recent years, domestic permits issued for owner building have risen to 38%. This is believed to be due to unregistered builders who are in the business of building posing as owner builders, or forcing their clients to declare themselves as owner builders, in order to avoid insurance and registration requirements. (http://www.theownerbuilder.com.au/articles/132%20OB%20Regs%20Vic.pdf)
Owner Builder
Definition of an owner builder (Victorian Building Authority) http://www.buildingcommission.com.au/ownerbuilder
An owner-builder is defined as a person who constructs or renovates a domestic building on his or her own land, who is not in the business of building.
It is important to consult your building surveyor at the outset to determine if a certificate of consent is required. This may be a private building surveyor or a municipal building surveyor.
8 An owner-builder takes on all the risks and responsibilities of a registered building practitioner Owner-builders must obtain a Certificate of Consent for any domestic building work with a value over $12,000 in order to obtain a building permit. Owner-builders can only obtain a building permit for one home in a three year period. Owner-builders do not build for a profit (rent or sale). Owner-builders must be an owner of the land/property (must have their name on the Certificate of Title). Further information can be found on the Land Titles Office website (Certificates of Titles/Register Search Statements). Visit www.land.vic.gov.au. Owner-builders must reside and continue to reside, or intend to reside in the property.
Owner-builders: Must obtain a Certificate of Consent from the Building Practitioners Board in order to obtain a building permit to carry out domestic building work valued over $12,000 Must ensure they read and understand information on their legal obligations and responsibilities May obtain building permits for a single dwelling and associated work on a single property, in any three-year period.
An owner builder effectively assumes the responsibilities, risks and liabilities of a registered building practitioner, including: Obtaining all permits required Ensuring the work meets relevant building regulations, standards and other laws (e.g. The Building Act, The Building Regulations, The Building Code of Australia, The Domestic Building Contracts Act) Arranging for building inspections as required by law Obtaining an occupancy permit or certificate of final inspection Ensuring the appropriate workplace and public safety insurance policies are in place. If an owner builder sells their house within six years of completing work, they must provide warranty insurance cover to the purchaser. They are also required to provide a technical inspection report that identifies defects.
To apply for a Certificate of Consent you must follow the steps below: Step 1: Download a copy of the Owner-builder Application Kit or request a copy to be sent to you Step 2: Read and complete the application form and statutory declaration contained in the Owner-builder Application Kit Step 3: Tear out the completed application form and statutory declaration Step 4: Attach the application fee of $89.46 (fee effective from Monday 1 July 2013) Step 5: Attach a copy of a current driver's licence or passport (as proof of identity) Step 6: Attach a copy of a Certificate of Title or Register Search Statement and Plan of Subdivision Step 7: Send or drop off the completed application, with any supporting documents to: By mail: Building Practitioners Board PO Box 536 Melbourne VIC 3001 Plans Planning Permit A planning permit is a legal document that gives permission for a use or development on a particular piece of land. To obtain a permit, you must make an application to the local council. If the council agrees with the proposal, it may grant a planning permit or a notice of decision, 9 depending upon whether there are objections to the application. Local council laws may impose additional requirements for: Protection of roads and footpaths Fencing Sanitary facilities for workers Refuse disposal Access to footpaths Noise restrictions
Plans must take into account: foundation data, including soil tests, to work out foundation depth and excavation costs local council laws mandatory energy rating requirements results from a site survey by a licensed land surveyor, if there is any concern about the boundaries of the property.
Planning Permits in Australia generally have similar requirements. The process generally requires; 1. Fill out the application for planning permit form, provide the required information and pay the required fee. All councils use a standard application for planning permit form. The councils planning department will give you a copy and help you to complete it. Alternatively, application forms can be obtained online. You must lodge the application form at the council offices. You should get a receipt for the fee paid. 2. Clearly describe what you want a permit for. Make sure you describe all the things that need a planning permit so a further permit wont be required. Check this with the council planner when lodging the application. 3. You must provide an accurate estimate of the cost of the development. This will determine the planning application fee. The fee must be paid when you lodge the application. It is paid to council to consider and assess the application. It is not a fee for approval, so there is no refund if the application is refused. The scale of fees is set down by government regulation. 4. If you are the permit applicant but not the owner of the land, you must provide the owners details on the application for planning permit form. This section is used when an agent for the owner makes the application. The applicant must tell the owner that the application has been made. 5. A current Certificate of Title must be provided. You must also provide a copy of any registered restrictive covenant or section 173 agreement that affects the land. If a registered restrictive covenant or section 173 agreement does apply, talk to the council planner about what to do next. 6. If the appropriate information is not provided, the application wont be processed. Council must have sufficient information to assess your application. (A set of plans, including floor plans and elevations, and other information may need to accompany the application. The planning scheme may state that particular information is required for certain types of permit applications.)
For an Earthship Application the plans will probably be requested and general information supplied for the dwelling in terms of soil testing and stability, water catchment, passive solar design elements, frontage and boundaries,
Building Building Permit
A building permit is written approval from a registered building surveyor. It shows your approved plans and specifications comply with building regulations, and allows building work to start.
10 A building permit can be obtained from a registered private or council building surveyor. The building surveyor will charge a fee to assess your application and either: grant the building permit request changes to ensure the plans and specifications comply with building regulations.
You can find a building surveyor through the Australian Institute of Building Surveyors or the Victorian Building Authority.
A Building Permit through a registered surveyor or building practitioner should cover the following: Property details Owners information Building Practitioners taking part in the project Nature of building works Estimation of the cost of works Along with the Application Form they will also require the following (this will differ depending on the scope of works); Site plan with full site location, all boundaries, easements and any existing buildings to be visible Structural drawings including a detailed floor plan and elevation Just as the size and scope of every building project varies, the process of obtaining a Building Permit can change as well. Once all relevant documents are provided, a Building Permit can then be issued immediately and your project can commence.
Provided that all compliance issues are met and relevant documents provided, a Building Permit may be issued within 5 working days for smaller projects. Larger jobs will vary according to the project size and complexity.
A copy of a building permit application looks like this;
Application Checklist (small residential projects) http://www.buildingpermits.com.au/permits/building-permit Building Act 1993, Building Regulations 2006
Application Form & $220 deposit MUST be paid at time of application (will be deducted from final permit fee).
Letter of Appointment (to be signed by owner/s) Record of Town Planning inquiry from the relevant council Endorsed Town Planning Permit and drawings (if applicable) Working Drawings & Specifications For applications which do not require a Town Planning Permit for siting, the following information will be required:
Calculation of site area; Indicate permeable parts of the allotment; Car parking provision North position; Indicate building & open space position on adjoining allotments; Show position, size and type of windows on adjoining allotments & Shadow diagrams
11 Engineering Drawings, Computations, Wall Bracing Design & Structural Certification. For more than 1 dwelling on a site, storm water drainage design will also be required Energy Efficiency Report. For all new dwellings and dwelling additions and alterations. Star report. Solar HWS or 2000lt Rainwater Tank for Toilet flushing is required for all new dwellings. Soil Report Certificate of Title / Plan of sub division. Evidence of ownership also required. Builders Warranty Insurance, or if an ownerbuilder, a certificate from the Building Practitioners Board where value of works exceeds $12,000.
The estimated fee/quotation does not include payment for the services of any other consultant(s)/legislated bodies that may be recommended in support of the proposal (e.g. applications to the Building Commission for Modifications, the preparation and submission of Council Dispensations, Report and Consents, deposits and/or securities required by government bodies, written Town Planning confirmation from Council, referrals/recommendations to Fire consultants, etc). Where additional expert services are recommended, discussions will be held and approval obtained from the client(s) before proceeding, and the formal engagement and payment of such experts will be the responsibility of the client(s).
Engineering Drawings
Finding an appropriate engineer to sign of on structural drawings, computations and certification is probably going to be the hardest part of an Earthship permit application. Having a knowledgable architect who has worked in alternative natural homes working with the engineer will probably save the client time and money in terms of compromises on the design to suit the client and engineer.
Issues such as appropriate footings, stem walls, foundations will be the major issues for the engineer. Appropriate soil tests for the stabilization of the rammed earth brick (tyres) may be required but sufficient testing of tyre capacity and engineering is available with an engineers report from Earthship.com and also EcoFlex in NSW which has advertised the structural integrity of tyre walls (called E walls) on their website;
E Wall is a patented technology for building gravity retaining walls. E Walls are constructed using a unique building block, the Ecoflex Unit to enable Low Cost Construction of high performance retaining walls. The Ecoflex Unit is based upon the use of qualitycontrolled recycled tyres to form a robust adaptable container. Once filled with rock/recycled concrete an incredibly strong and porous building block is formed, capable of supporting surcharge loads in excess of 80 KPA. These building blocks are than combined in various cellular arrangements to comply with Australian engineering standards and building codes. Excellent load distribution and high tensile strength ensures structural performance. Durability and longevity in excess of the most stringent design requirements. Excellent drainage and internal flexibility of Units ensure performance under variable geotechnical conditions Engineer Design Software available http://www.ecoflex.com.au/files/Download/E%20Wall%20Brochure.pdf
Grey Water and Composting Toilet options
According to a Melbourne metropolitan council, Greater; 12
can be used to water gardens and lawns. Please note, grey water should not be used on fruit and vegetable plants that will be eaten raw. It can plumbed back into the house to flush the toilet. This must be done by a licensed plumber and permits may be required. Treated grey water can be used for a number of purposes including surface and sub-surface irrigation of lawns and garden beds (excluding the vegetable patch) and toilet flushing. The level of treatment will determine the final use of the grey water. Least treatment for sub-surface irrigation and highest level of treatment for toilet flushing. Further information can be found in Table 5.1 of the Environment Protection Authority Code of Practice Onsite Wastewater Management.
Untreated grey water from the bath, shower or washing machine can be bucketed or diverted to water lawns and gardens, as a temporary measure during very dry weather. This does not need a permit but to protect your health you should follow the guidelines in the EPA publication Grey water use around the home. Do not store this water for more than 24 hours. For more information visit, the EPA website.
Because there is a high risk to public health and the environment, a permit must be obtained from Council. These systems must be installed, operated and maintained in accordance with the Council Permit and the relevant Certificate of Approval for the treatment system installed. These systems must be installed by a licensed plumber. http://www.whitehorse.vic.gov.au/Greywater.html
In Victoria, the installation of onsite wastewater systems is managed through a two-tier approval process: EPA assesses the results of performance testing for each treatment system and where it is satisfied that the requirements have been met, issues a certificate of approval (CA) which allows the system to be sold and used (with conditions) in Victoria. The local council issues a permit to install/alter and a certificate to use based on an application that details the selected treatment system, the land capability assessment (if applicable) and the proposed end uses (indoors and/or outdoors) for the treated effluent.
Wastewater treated to primary quality is only suitable for disposal below ground via soil absorption trenches, mounds and evapo-transpiration beds or trenches. Wastewater treated to secondary quality may also be dispersed to land via pressure-compensating subsurface irrigation. Grey water that has been treated to advanced-secondary quality can be used in the home for toilet flushing and cold water use in the clothes washing machine as well as surface and subsurface irrigation. http://www.epa.vic.gov.au/your-environment/water/onsite-wastewater#Systems
There is no specific legislation banning the use of untreated grey water in Victoria but it is important to understand that untreated grey water may pose risks to health. Untreated grey water must not be stored for more than 24 hours as it has the potential to become septic. Useful resources Sustainable Energy Authority Victoria (1300 363 744, www.sustainability.vic.gov.au) provides information on developing more energy efficient buildings; including 5 Star homes and FirstRate house energy rating software. TAFE Virtual Campus 13 (www.tafevc.com.au, 1800 896 122)provide the Owner Builder Online program (20 hour online short course, $350-380), designed in partnership with the Building Commission to equip prospective owner builders with the knowledge and skills to manage their own building project. The program is divided into four sections: Legal Requirements, Planning and Design, Safety and Insurance, The Building Process. Consumer Affairs Victoria (1300 55 81 81, www.consumer.vic.gov.au)provides information on owner building, including Legal Rights and Obligations, Insurance, Industry Assistance. On the website, select > Building and Renovation > Owner-builders The Greenhouse Office (1300 130 606, www.greenhouse.gov.au/yourhome) publishes a guide to good home design, from orientation through building materials to appliances and furnishing. A technical manual provides lots of detail, as well as some case studies. The Owner Builder magazine Building Display Centre, Melb. (03 9419 7488, www.buildingdisplaycentre.com.au)offer short courses and free information sessions on a variety of building related topics including owner building, sustainable design, kitchen design and more. The Environmental Protection Agency Victoria http://www.epa.vic.gov.au/ and specifically for wastewater reuse http://www.epa.vic.gov.au/business-and-industry/guidelines/water-guidance/making-use-of- wastewater
NSW
The Office of Fair Trading (OFT) controls the issuing of Owner Builder Permits in NSW. Owner Building in New South Wales Overview
You must hold an interest in the property through a Trust or other legal entity such as a business.
To obtain an owner builder permit you will need to apply to the NSW Office of Fair Trading Home Building Service and demonstrate that:
You are over 18 years old; You are the owner or have a prescribed interest in the land (eg, certificate of title or rates notice); and You live or intend to live in the completed home. In addition you will need to provide: A description and the address of the proposed works with a copy of plans; Council development certificate number or complying certificate number; An Owner-Builder permit application fee (currently $151.00); and Evidence that you have completed 91509NSW Course in Owner Builder Compliance if the value of works exceeds $12,000.00. and provide evidence of having completed a Course in General Safety Induction (White Card) CPCCOHS1001A
Training courses are designed to educate you about the Home Building Act, insurances required, dealing with tradespeople and contracts, occupational health and safety, building approval, taxation and other building related matters. Courses are around 8 hours and cost approx $200. They are available through most TAFE centres (www.tafensw.edu.au, 13 16 01) as well as through other approved owner builder course presenters. Check that the OFT will accept your course before forking out. 14
You are only allowed to obtain one owner builder permit in any 5 year period unless there exists exceptional circumstances.
Approvals needed for building work Most building work needs the following approvals before work can start. Development consent or Complying Development Certificate (CDC) A Development Application consists of a collection of documents (including application forms, site plans, consultants reports and the like) and is submitted to your local Council. Your local council can issue a development consent. If a CDC is permitted for the type of development you propose under the councils local plan, it can be issued by your local council or an accredited certifier.
Every Development Application must include the following: Application form available from your local councils website Owners consent form if you are the landowner, you will need to sign this form. If you are leasing the land, you need to obtain the consent of the land owner before lodging your DA, no matter how minor the work is. Forms are available from your local councils website Statement of Environmental Effects a document outlining your projects compliance with all the relevant state, regional and local legislation, policies and plans Payment of DA fees these are set by your local council and depend on the size and scope and cost of your project A number of other documents may be required depending on the type of development you propose. Most DAs involve some form of building work, so are required to include architectural and landscape drawings such as: Site plans Floor plans Elevations and sections Specialist studies may be necessary for your DA, depending on the location of your property and type of development. Your local council or a planning consultant can advise you on what reports will be required. It may not always be clear at the start of your DA process which studies you need. Sometimes a site inspection will reveal something previously unknown, or council might decide extra reports are necessary. Examples of specialist studies include: Arborists Report Bushfire Report CPTED (Crime Prevention Through Environmental Design) or Safer By Design Report Disabled Access Report Erosion & Sediment Control Plan Fire Safety Schedule Geotechnical Report Statement of Heritage Impact Each local council has its own requirements for the format in which Development Applications are lodged. As a general rule, you will need to submit a minimum of 3 copies of most of the required documents. Some councils have requirements for electronic lodgement, either by web, email or disc.
In 2010-2011, councils in NSW took an average of 68 days to process a Development Application. You can find detailed statistics on development assessment processing times for your local council at the Local Development Performance Monitoring section of the NSW 15 Department of Planning and Infrastructure website. Each year, the DP&I publishes a report and accompanying data on the number of Complying Development Certificates and Development Approvals issued each year, along with average processing times and the value of development. The time it takes for your DA to be approved can vary depending on a number of factors. Some of these factors are within your control. Unfortunately, others are not. If youre carrying out development in one of the 8 NSW councils which took over 100 days on average to process Development Applications last year, your DA process may take longer than most. If your development is particularly complex and your Development Application includes a number of documents such as geotechnical reports, bushfire reports, traffic reports or arborists reports, development assessment is likely to take longer than average. thedesignpartnership.com.au/development-application-process/ Construction approval Approval for the work (a construction certificate) can be given by either your local council or an accredited certifier. Note: You do not need a construction certificate if you have a CDC. During construction, the building work must also be inspected by council or an accredited certifier to check that it meets national building standards (the Building Code of Australia). A certificate to allow occupation or use of the completed building work (occupation certificate) can only be issued if the work generally meets these standards. For more information about building work approvals and choosing a certifying authority go to the Consumer building guide page of the Fair Trading website to view or download Fair Trading's Consumer building guide booklet. You can also get more information about the approvals process and choosing a certifying authority from the Building Professionals Board, at www.bpb.nsw.gov.au or by calling 9895 5950. http://www.fairtrading.nsw.gov.au/Tenants_and_home_owners/Home_building_and_renovatin g/Becoming_an_owner_builder.html#Approvals_needed_for_building_work
BASIX assessment
Before lodging plans with council a BASIX assessment will need to be completed.
BASIX assessments are conducted online using the BASIX assessment tool which is accessible from the BASIX website. How does the assessment work?
The BASIX assessment will measure your proposed development for sustainability against BASIX targets that are based on the NSW home benchmark average. Once your design has complied with BASIX a BASIX certificate can be printed and attached to your development application for submission to council or certifying authority. If your proposed design does not comply with BASIX due to conflicts with heritage controls or because it uses a new technology not recognised by BASIX, an alternative assessment can be requested. PCA A Principal Certifying Authority (PCA) is the only person or body who can issue interim or final occupation certificates. You must appoint your PCA before work commences. Only the person with the benefit of development consent (usually the landowner) can appoint the PCA; the builder cannot appoint the PCA, unless they are also the landowner.
16 Your PCA can be either an accredited certifier, council or the consent authority. The PCA inspects work during construction to ensure that it is generally consistent with the approved plans and is fit to occupy having regard to required building standards.
Although a PCA is appointed, ultimately it is your responsibility to ensure conditions of development consent are met. The PCA should, however, check the builder is licensed and that home warranty insurance has been obtained.
Read the conditions of consent carefully, note which conditions must be met at different stages, and liaise regularly with your builder and PCA to ensure conditions are satisfied. This will help you avoid delays, or worse a fine from council, costly remedial work or an order to demolish unauthorised works. www.northsydney.nsw.gov.au/.../final_building_approvals_brochure.pdf
Grey Water Use
The following grey water advice is based on the NSW State Guidelines Permits: Council approval is required before installing a Grey water Diversion Device. However, a grey water diversion may be carried out without prior council approval if certain requirements are met. Check with your local council and water authority before proceeding. A licensed plumber must be used to install the diversion device. Council approval is required before installing and operating a Grey water Treatment System. A council must not approve the installation of a treatment system unless it has been accredited by NSW Health. A licensed plumber must be used to install the treatment system and any associated distribution system (eg irrigation system, third pipe for toilet flushing). Definitions Grey water Diversion Devices - Include a hand activated switch that diverts untreated grey water by gravity or pump directly to a sub-surface irrigation system. Grey water from this device is untreated and must only be used for sub-surface irrigation. Grey water Treatment Systems - collect, store, treat and may disinfect grey water to the standards specified in the NSW Health Domestic Grey water Treatment Systems Accreditation Guidelines (February 2005). They can be installed in residential premises in sewered areas to provide treated grey water for reuse for irrigation (including surface irrigation), toilet flushing and washing machine use. Manual Bucketing of Grey water enables residents to reuse small quantities of grey water by collecting water in the shower and laundry. Bucketed grey water can be reused for irrigation of gardens, lawns and outdoor pot plants.
Further Information: Public liability insurance If you intend to be an owner-builder or to contract out any type of building work (for which you remain responsible for co-ordinating), it is strongly recommended that you take out a public liability insurance policy. This covers you if a family member or member of the public is injured as a result of the building work. You could be liable because you own the property.
Rough estimates of costs seen at http://www.hao.com.au/faq/faq.html
Design:
Detail survey in the order of $1,000 to $2,500. 17 The Preliminary Opinion of Cost from a cost consultant will cost in the order of $800 for projects under $1M.
Other items may be required included: Consultation with townplanner, Pre-DA meeting and etc
DEVELOPMENT APPROVALS:
Council Application and Advertising Fees in the order of $1,000 to $3,000 'Soft' landscape plans prepared by a Landscape Architect in the order of $1,000 to $2,000 Stromwater design prepared by a Civil Engineer in the order of $1,000 to $2,000
BASIX & NatHERS Energy Efficiency Rating reports in the order of $1,000
Other items may be required included: Land & Environment Court Appeal, Heritage Reports, Traffic Report, Acoustic Report, Arborist Report, Fauna Report, models, photomontages and etc
DOCUMENTATION:
The Detailed Opinion of Cost from a cost consultant will cost in the order of $1,200 for projects under $1M.
If geo-technical report is required to investigate the sub surface conditions on a site this will cost in the order of $2,000 to $5,000 where reasonable access exists.
Structural engineering design and documentation will be required to prepare tender documentation. For projects between $200,000 and $1M allow an amount in the order of 1.2% of the construction cost.
Principal Certifying Authority to issue Construction Certificate will cost in the order of $1,200
Other items may be required included: Mechanical engineer, Council bonds, contributions and etc
CONSTRUCTION:
Structural engineering periodic site inspections will be required. For projects between $200,000 and $1M allow an amount in the order of 0.4% of the construction cost.
Principal Certifying Authority to carry out site inspections will cost in the order of $1,000
Other items may be required included: Arborist inspections, lighting specialist and etc
Useful Resources:
Australian Business License and Information Service https://ablis.business.gov.au/nsw/pages/3065499d-5e48-4997-9fd8-56be630cb63c.aspx
Government Licensing Service http://www.licence.nsw.gov.au/new/categories/home-owner-building-renovation
18 NSW Fair Trading Website
http://www.theownerbuilder.com.au/bi_sample.htm
BASIX www.basix.nsw.gov.au
The Building Centre Network http://www.buildingcentre.com.au/courses/owner-builder-courses/item/314-about-owner- builder-permits-in-nsw
The Greenhouse Office publishes a guide to good home design, from orientation through building materials to appliances and furnishing. A technical manual provides lots of detail, as well as some case studies. 1300 130 606, www.greenhouse.gov.au/yourhome
Queensland
Development Application Development applications are required if a development is considered an assessable development under the Sustainable Planning Act 2009 ( 2.6 MB). To determine if your proposed development is an assessable development, you will need to look at the following planning instruments: the Sustainable Planning Regulation 2009, schedule 3 your local governments planning scheme. The types of developments which are assessable development and therefore require a permit vary for each local government area. As a general rule, a development application must be lodged if you are: building any free-standing permanent structure extending or raising an existing structure building a retaining wall over one metre high or a fence over two metres high erecting signs. You may also be required to lodge a development application if you are: clearing native vegetation demolishing an existing building or structure (in part or in full) changing the use of the land (e.g. a house to a block of units; an office to a retail shop; a wheat farm to a piggery) altering the exterior of a heritage place carrying out significant structural changes to an existing building. Building Permit Before starting construction of any type, you will need a building permit or development approval. The building permit will state which inspections are required and at what stages of construction. The Council or private certifier who issued the permit is responsible for carrying out these inspections. . While a building permit is not required, the owner is responsible to ensure it complies with any applicable standards, such as structural sufficiency, size limits and boundary setbacks. Examples of self-assessable building workinclude: a small tool shed, stable, fowl house or the like up to 10 square metres in area, other than in a tropical cyclone area; a 1 metre high retaining 19 wall (providing no loads are imposed above it, such as a building or driveway); and a fence not more than 2 metres high (but not including swimming pool fencing).
Owners are responsible for complying with the planning scheme. For enquiries about whether a building permit is required, how to apply for a building permit or the standards applicable to building work, contact either your local council building certifier, or a private building certifier
An Owner Builder Permit is required if the estimated value of building work is $6600 or more. In addition, if the value of building work exceeds $11,000 then proof of completion of an approved Owner Builder course is also required. Exemptions from the course are available if you have some related trade qualification.
Domestic building work is the only type of work that may be carried out under an Owner Builder Permit. Any work that requires a occupational licence must be carried out by a licences contractor (e.g. plumbing, draining, gas fitting, termite management). Only one Owner Builder Permit will be issued within any six-year period.In order to obtain an Owner Builder Permit, an application form must be completed and returned, along with the prescribed fee. The application form requires:
Proof of Identification a certified copy of photo identification such as a drivers licence. Proof of Ownership current Title Search or Confirmation Registration Statement that must be original and less than 30 days old.
Owner Builder Course (where applicable) proof of completion of an approved course, within the last 5 years.
Fee if the estimated value of building work is $11,000 or less, the fee is $125; if the estimated value of building work exceeds $11,000 the fee is $252.
A sign having a surface area of at least 0.5m must be displayed in a prominent position on the building site, providing detail of the permit holders name and the owner builder permit number.
Owner builder application processing time We aim to process applications within one month of receiving a completed application. You should ensure you include all requested details and documents to avoid delays. If approved, your permit will be posted to you.
Conditions of your permit As the owner builder: you must only carry out work covered in the permit anyone you engage to carry out building work must be a licensed contractor you must have an occupational licence, such as, plumbing, draining, gas fitting or pest control, to perform any occupational work yourself you must have a fire protection licence to perform any fire protection work yourself, where the value is higher than $1,100.
Building inspections Building work that needs development approval will need inspection and approval by a building certifier. Building approvals require assessment against the Building Code of Australia and Queenslands Building and Plumbing Regulations and are mainly concerned with issues such as: whether the building is soundly designed and constructed and will be safe 20 that the building has an appropriate degree of fire safety whether the building is adequately protected from pests whether the building is adequately sewered and drained that the building meets the minimum energy and water efficiency standards
Building certifiers Building certifiers inspect a project before, during and at completion to ensure it complies with: the approved building plans (approval of development permit for building works), and appropriate building standards.
Certifiers can work for local government or in a private practice and they must be accredited. You check a certifiers licence details using the online licence search.
Appointing a building certifier In most cases a builder or developer hires the building certifier on a customers behalf and their fees are included in the contract. However, homeowners can directly appoint a private certifier. It is unlawful for a certifier to certify or approve work with which they are personally involved as a builder or designer, or from which they are able to gain a profit. Building certifiers responsibilities
A building certifier is responsible for: approving plans relating to new or altered buildings inspecting construction work at mandatory stages providing certificates of inspection to the homeowner, builder and local authority following inspections issuing enforcement notices on building work they are involved in giving final approval for a building to be occupied. What is the building certifier NOT responsible for? Building certifiers are not responsible for: ensuring a builder is complying with their contract quality control town planning applications reviewing the capacity of public utilities (e.g. sewer mains) Variation of prescribed set-back requirements granting practicality and disability exemptions for the installation of swimming pool fences.
Mandatory inspection stages Foundations and excavation (footings) before footings are poured. Slab before concrete is poured. Frame before the cladding or lining is fixed or masonry construction begun. Final when the building work is completed. Find a licensed certifier For a list of licensed certifiers, complete the list of licensed certifiers form (PDF) and return with the $15 fee. Requests are processed within five working days.
Post approval operational works After you have received your final development approval and conditions, you may require an operational works application, a request for compliance assessment or Schedule 12 request under an IPA approval before you can proceed with your project. Minor water and sewer works do not require approval if they meet certain criteria. 21 Some documents on this page need Adobe Reader to view or print them. You can download Adobe Reader for free. These approvals are usually required for work such as: land clearing tidal work earthworks or roadworks water supply and sewerage works When requesting these approvals you will need to lodge plans and pay the fees, along with the correct request:
Water supply systems Buildings no longer have to meet compulsory water savings targets, following the repeal of laws mandating the installation of water supply systems on 1 February 2013. Previously, all new homes and commercial and industrial buildings in Queensland were required to install rainwater tanks or other water supply systems such as grey water treatment plants. Provisions have been made for local governments to opt-in to water savings requirements in recognition of Queenslands varying climatic conditions and regional circumstances. A list of participating local governments will be provided as they are approved. Builders in these local government areas will still need to comply with water savings requirements.
Water supply systems such as rainwater tanks and grey water treatment plants can still be installed voluntarily by homeowners and builders in all areas of the state. Using Grey water Grey water can be diverted from laundries and bathrooms by: manual bucketing of untreated grey water (except kitchen grey water) connecting a flexible hose to a washing machine outlet seeking council approval for the installation of grey water diversion device or grey water treatment plant (by licensed plumbers). Diversion Devices Grey water diversion devices may be installed for the diversion of untreated grey water. They consist of a filter that screens out hair, lint and other solids. The device must be fitted with a switch to divert grey water through to a subsurface or surface irrigation system. The system must also automatically divert to the sewer if there is a blockage. Homeowners can control irrigation with the volume and type of grey water diverted. Devices must have Water Mark approval and comply with the requirements of the Standard Plumbing and Drainage Regulation. Check approval requirements with your local council prior to purchase of a grey water diversion device. Installation must be completed by a licensed plumber. A grey water diversion device must be certified under the Water Mark Product Certification Scheme before installation. The device must hold Watermark Level 2 Accreditation at a minimum. Standards Australia can provide more information on this scheme. Consumers and plumbers must satisfy themselves that Water Mark approval has been granted. Treatment Plants A grey water treatment plant collects, stores, treats, and disinfects grey water to specific standards. They can be installed in sewered and unsewered areas. The Queensland Plumbing and Wastewater Code (QPW code) has been amended to provide for the level of treatment 22 required for a particular end use. Details are available in Table T1A, T1B or T1C of the QPW code. Potential end uses include: toilet flushing; laundry use (cold water source to washing machines); vehicle washing; path and wall wash down and; lawn and garden spray irrigation.
Useful Links:
Queensland Building and Construction Commission http://www.qbcc.qld.gov.au/Homeowners/Owner-builders/Pages/what-is-owner-building.aspx
Northern Territory Owner builder certificate As of 3 July 2006, the Northern Territory of Australia Building Act prescribes that you must hold an owner builder certification order to carry on building work of a single dwelling on your own property.
An owner builder certificate is valid for three years, and may be renewed for a further period up to three years.
To apply for an owner builder certificate, you must provide the following to the Building Practitioners Board: A completed declaration stating that you have read and understood the Owner Builder Manual A copy of a Land Title Office search A completed owner builder certificate application form $200
The Northern Territory Government produces a detailed Owner Builder Manual which is mandatory reading for anyone considering undertaking an Owner Builder project. http://www.bpb.nt.gov.au/__data/assets/pdf_file/0019/32446/BAS-OWNER-BUILDER- MANUAL-31-December-2012.pdf
This booklet provides valuable information on Owner Builder obligations, how to comply with relevant legislation and how the application process works.
The booklet highlights information on the following Owner Builder topics:
Introduction to the Manual Funding the Owner Builder Project Owner Builder Certificate Applying for the Owner Builder Certificate Preparing to Start Building Work Insurance Carrying out Building Work Completion of Building Work Relevant Building Legislation Useful Contacts Owner Builder Declaration
All applications (new and renewal) take 6 to 8 weeks to process. Owner Builder application costs ($255)
23 Building Permit A Building Permit is required before you carry out any construction, renovation or demolition. These are issued by private building certifiers and are valid for two years. You will need to provide them with: Owner builder certificate Details of the proposed development (including drawings) Structural engineers certification for the structural design Certified plumbing design.
The building certifier assesses the application for compliance with the building regulations. They may request modifications and waivers if required.
During construction, the certifier will inspect progress at predetermined Mandatory Notification Stages. The Guidelines for Inspections can be found on the DPI website listed below, under Building Policies and Guidelines.
Occupancy Permit On completion, you will need to sign a declaration stating that the building works have been carried out in accordance with the Building Permit. You can then request an Occupancy Permit from the building certifier, who will only issue the permit if he is satisfied that it is constructed suitable for the use intended. Grey Water Use
The NT Government does not have guidelines on the use of greywater, however refer to Technical Fact Sheet on Greater Reuse
Local Government Authorities in the Northern Territory have no jurisdiction over the approval of on-site wastewater systems, i.e. septic tank installations. Conventional septic tank installations are predominantly certified by self-certifying plumbers or designers, though the administrative process is dependent on whether the installation is located within a Building Control Area (urban areas and along main highways) or outside Building Control Areas (i.e. remote areas).
Energy Efficiency
Energy efficiency requirements for residential buildings in the Northern Territory began on 1 May 2010. The provisions require new houses and alterations to existing houses, to achieve a 5 Star Energy Efficiency Rating, and new flats and caretaker accommodation (Class 2 and 4 buildings) to achieve a 3.5 Star Rating.
All new homes in the NT must meet the minimum energy efficiency requirements set out in the Building Code of Australia (BCA). This can be done using DTS guidelines, or they can meet a minimum of 6 stars using energy rating software tools (such as AccuRate, FirstRate5, or BERS Pro) that are compliant with the Australian Building Codes Board (ABCB).
Glazing Calculators The ABCB provides on-line glazing calculators to assist in carry out energy efficiency assessments. Access the calculators here. 24 Useful Resources Buildings Practitioners Board (NT) 899 98964 www.bpb.nt.gov.au/ Department of Planning and Infrastructure - www.dlp.nt.gov.au NT Work Safe 1800 019 115 www.worksafe.nt.gov.au Territory Insurance Office 1300 301 833 www.tiofi.com.au
The Government of South Australia produces a booklet which details Owner Builder responsibilities under the Development Act 1993 and is available from the Department of Primary Industries and Resources SA.
This booklet provides valuable information on Owner Builder obligations, how to comply with relevant legislation and how the application process works.
The booklet highlights the following Owner Builder responsibilities:
Obtaining a Development Approval Lodgment of all copies of certificates of indemnity insurances for all work to be undertaken by a licensed building work contractor with council before commencing that stage of the building work Notification of adjoining owners of an intention to perform building work that may affect that property Notify the council at the prescribed stages of building work Advising the council of the name and contact details of the person who will be supervising the building work Undertake the building work in accordance with the approved documentation Submission of a signed Statement of Compliance (Schedule 19A) to the relevant authority on completion of the building works
Development Approval
Development Approval is made up of at least two separate provisional consents; a Development Plan consent and a Building Rules consent.
Development Plan consent is assessed against the zoning, policies and controls of the relevant Development Plan area, and is granted by your local council.
Building Rules consent is assessed against the provisions of the Building Rules (an edition of the Building Code of Australia with variations and additions specific to SA), and in some cases, Building Rules consent may be granted by a private certifier.
25 These provisional consents can all be processed at once as part of the Development Approval, or the application can be lodged in stages if there is a possibility that Development Plan consent may not be granted.
Once the Development Approval is issued, building work can go ahead.
An application for Development Approval will require: application form and fees plans and details technical plans of footings and structures technical specifications Certificate of Title for the property
The Environment Protection Act 1993 may impose additional restrictions such as the hours that work can be carried out, the location and use of noisy equipment, measures to reduce soil erosion and the removal of construction wastes from sites. Your local council may also have by-laws relating to noise levels, on-site burning, removal of refuse and use of council footpaths.
Within 10 days of completion of the building work, a signed Statement of Compliance must be submitted to your local council. A registered building work supervisor or a private certifier must sign the statement.
As an owner builder you are ultimately responsible for the building work. If you sell the building, legal action can be taken against you for a period of up to ten years from the date of completion of the building work. The Statement of Compliance establishes the start date of the ten-year period.
Levy Before the Building Rules consent can be issued, the project owner is required to pay the Construction Industry Training Levy. The levy totals 0.25% of the value of the building work to be undertaken, and must be paid on all building work where the estimated value exceeds $15, 000
Timeframe Owner builders have 12 months from the date of Development Approval to start building work, and must be substantially completed within 3 years. In some circumstances you can apply to extend the approval.
Licenses Any person who carries on the business of performing work for others (i.e. contractors) must have a building work contractors license, appropriate to the work they are performing. Ask to see their license, or check with the Office of Consumer and Business Affairs.
Contracts There must be a signed contract for all domestic building work costing $12,000 or more, detailing: roles and responsibilities, method and timing of payments, completion dates, and the extent of damages that can be claimed. Standard contracts are available from the Master Builders Association and the Housing Industry Association
Insurance 26 Licensed building work contractors must hold indemnity insurance for all domestic building work contracts costing $12,000 or more, which covers non-completion of the work and/or failure to rectify the faulty work if the contractor dies, disappears or is declared bankrupt.
Building Rules Consent
In South Australia, a "building rules consent" is the equivalent to what is called a building permit in other states. As is true in other states, you need to engage the services of a qualified building surveyor before you can apply for or receive a building rules consent. Your building surveyor will assess your plans and specifications against the Building Code of Australia (BCA) regulations and those in place in South Australia and your local council. In general, the building surveyor looks for compliance with regulations regarding: Structural integrity. Adherence to local fire regulations. Amenities related to health. Disabled access. Energy efficiency. Either local council or an accredited private certifier can issue a building consent in South Australia. Both council certifiers and private certifiers will charge a fee for their services and other council fees will apply. These differ from council to council, so check with your local South Australia council to find out what their fee structure may be.
In many cases, you will need to lodge a development application in SA before you can build a new structure or add to an existing structure. For a simple structure such as a carport or pergola, this is a fairly simple procedure, but for more complex structures, you will need to hire a qualified draughtsperson or architect to draw your plans and specifications. Your development application must include the following: Your site plan and any other relevant plans. A description of the surrounding area. A detailed description of your proposed development. For your building rules consent, you will need to supply more extensive documentation, including: Roof, wall and floor layouts, including dimensions Details about construction materials. Engineering details, including excavation work and service lines (water, electricity, etc.) For more extensive information about building and renovating in South Australia, download the PDF, Building, Extending, Renovating a Home. A free document prepared by the South Australia Office of Business and Consumer Affairs, the PDF goes into detail about the building process from start to finish. For further information about building regulations in South Australia, check out the Residential Building Regulations page on the SA government website.
Energy Efficiency
All new homes and extensions built in South Australia need to achieve a 6-star level of energy efficiency. This is a requirement under the Development Act 1993 as of September 2010.
For an alternative version of a document on this page contact Building policy services.
Homes incorporating sound environmental design principles can minimise heating and cooling bills and have lasting positive impacts on the environment. Some of these principles include: wall and ceiling insulation northerly orientation to gain maximum advantage from solar energy 27 internal and external shading of windows and walls in summer.
In addition to achieving a 6-star level for thermal comfort, new houses must meet lighting requirements and have energy efficient water heaters.
Energy efficient options cost less to implement when included in the design and construction stage.
Under the Development Act 1993, development approval is required for all building work to ensure it complies with the Building Code of Australia. To consider approval the council or a private certifier assesses the design of new homes and extensions against the Building Code of Australia. This assessment includes checking for compliance with the 6-star energy efficiency requirements.
If the energy efficiency of the home has been rated using a computer-based energy rating program, a printed verification report, signed and dated must be submitted to the council or private certifier undertaking the development approval. All supporting documentation must also be submitted.
A house energy rating can be completed by any person with the necessary software and skills including: an architect building designer builder building surveyor. A house energy rater may register with the Department of Planning, Transport and Infrastructure on the Register of House Energy Rating Assessors. Registrants agree to comply with a Code of practice for house energy rating assessors and can undertake energy rating assessments as an independent technical expert. These assessments can be accepted by the council or private certifier.
Grey Water
Grey water is water that is discharged from household appliances (such as washing machines and dishwashers) and from sinks, showers and bathtubs. It does not include water discharged from toilets - this is called "black water".
Reusing grey water can conserve water and save you money.
But be aware - grey water contains microorganisms and can be harmful to your health and to your garden. Certain approvals must be granted before you establish a grey water recycling system on your property and there are strict regulations for its use.
Approval is required from three agencies to ensure that systems operate and maintain a standard which will protect users and the environment: SA Health approves the treatment process and use of reclaimed grey water. Information regarding grey water systems, regulations and approval processes is available from the SA Health website. Local government approves the planning and development aspect of proposed systems. If you want to install a grey water system in a sewered area or in an area with a Septic Tank Effluent Drainage scheme (STED) 28 you need to contact the Department of Health and Ageing and obtain approval for diverting grey water from the sewer or the STED scheme system. If changes to your plumbing are required, approval from the Office of the Technical Regulator (OTR) must also be obtained prior to installation of the approved SA Health grey water system. The OTR approves changes to plumbing and drainage through an encumbrance mechanism to protect its sewer system and to be able to ensure that if the property changes ownership, there is a mechanism to contact the new owner of the modified plumbing arrangements. Any queries, please call OTR on 1300 760 311.
Useful Resources:
Service SA Government information & services. 13 23 24, www.service.sa.gov.au
Development Approval resources http://www.daonline.net.au/site/development_assessment_process_in_south_australia.php
Planning Approval Your development may require Planning Approval. This is to determine the effect of the proposal on the amenity of adjoining properties, compatibility with the streetscape, and compliance with statutory and policy requirements.
The following documents should accompany your Application for Planning Approval: Three sets of drawings including an accurate site plan, floor plan and elevations. Covering letter to explain any requested variations from normal requirements. Fee payment.
Planning Approval, when granted, usually has a time limit on the validity of the approval. This means that the proposed development must start within the approval time limit.
Owner Builder Registration
Before being issued a Building Licence by your local council, you will need to complete an Owner-Builder Statutory Declaration and lodge a fee of $107 with the Builders Registration Board (BRB).
29 The area of the BRB jurisdiction takes in: most of the South West Land Division of the State (other than the Shires of Mukinbudin, Mt Marshall and Narembeen) plus specified townsites within the Eastern Goldfields / Esperance regions, and the North West, Pilbara and Kimberley regions. Check with the BRB as to whether your area is included within their jurisdiction. Outside of these areas, check with your local council as to their requirements.
Building Licence
A Building Licence is required for any building involving the development of new structures, alterations, repairs or extensions of any kind. Building Licences are also required for the erection of signs, swimming pools and front fences.
Councils will also require some or all of the following documentation:
Be aware that the Building Licence also has a time limit. As an owner builder, you are not allowed to sell your home within three years of the date of issue of the Building Licence without approval of the Minister.
Neither may you carry out any further building work as an owner builder exceeding $12,000, within the following six years.
Energy Efficiency
New Buildings From 1 May 2012, the increased energy efficiency provisions of the Building Code of Australia 2012 (being Volumes 1 and 2 of the National Construction Code Series), including the WA Addition for water use, became mandatory for all new buildings in Western Australia. New Class 1 and 10 residential buildings 6 star The Building Commission has developed two check sheets for class 1 and 10 residential buildings that can be used to aid compliance with Part 3.12 Energy Efficiency of the BCA. The BCA provides two options on acceptable construction practice. Option 1 An Energy Rating. An energy rating of at least 6 stars must be achieved and certain additional energy-saving features within the deemed to satisfy provisions of the BCA met. Option 2 Elemental Provisions Compliance is required with all the detailed deemed to satisfy elemental provisions within the BCA. Check sheets Check sheets for BCA 2012 Deemed-to-Satisfy compliance are available for Class 1 and 10 residential buildings in climate zone 5 only. Check sheets for New Buildings
NatHERS assessors use NatHERS software tools to assess the predicted thermal performance of residential buildings.
The Public Utilities Office administers the accreditation system for NatHERS assessors in Western Australia. To find out more about this accreditation system, please visit the Public Utilities Office website.
30 Grey Water
A grey water system can help you save water by irrigating your garden with water from the bath, shower, washing machine, and laundry trough. Some systems are also approved to use water from kitchen sink. Installation of a grey water system in your home requires approval by your local government and there are legislative requirements you need to be aware of. Guidance on how to safely use grey water diversion devices (GDD) in your home for watering garden via sub-surface irrigation can be found in this factsheet. Follow the simple steps to installing a domestic grey water system
1. Read the Code of Practice for the Reuse of Grey water in Western Australia 2010 (PDF 1.3MB) (The Code). All grey water reuse systems must meet the legislative requirements of The Code. 2. Check that the system is approved for use in WA by reviewing the WA approved systems (PDF 108KB). 3. Lodge an Application to Construct or Install an Apparatus for the Treatment of Sewage (PDF 257KB) with your local government. It is an offence to install and use a wastewater system without an approval and Permit to Use from the local government. Refer to the Local Government Directory (External link) for your local contact details.
Useful Resources
Builders Registration Board 08 9476 1200, www.brb.org.au Suite 10, 18 Harvest Terrace, West Perth WA 6005.
Before requesting a building permit, owner builders in Tasmania are asked to read the Owner Builder Guidelines (Workplace Standards Australia) and to then make a statement declaring that they are aware of their responsibilities and obligations.
Owner builders are limited to working on two buildings in 10 years on their own land. A number of additions or alterations to one house is only deemed as one building. The 10-year period begins at the date of the start of work
Notification of the first building
Obtain a Planning Permit or Development Approval. This process regulates the intended use and development of the land. There are zones such as rural, rural residential, village, commercial etc. If the proposed use falls under a discretionary category, you may be required to advertise the application. Generally consent is granted if there are no objections. In a rural zoning, there is also the prerequisite that a botanical survey is carried out, and in some cases a heritage survey, to assess potential impact on vulnerable species and heritage aspects respectively. In addition, 31 the Highway Authority may have to approve access, and the State Fire Commission has to approve bush fire plans including a fuel exclusion zone around the buildings, and a fuel modified buffer zone beyond that. If the land is prone to flooding, the design will have to comply with the Building Regulations 2004 (e.g. all habitable rooms must be above flood level).
Some areas are listed within flood maps, but otherwise you are responsible for assessing the risk.
Planning Permit
When lodging an application you usually need to submit the following: a) A completed application form. If you are not the owner of the land, under Section 52 (1) of the Land Use Planning and Approvals Act 1993 you must provide a declaration that you have notified the owner of the intention to make the application; b) A full copy of the title including details on any restrictions, easements or covenants on the title. This can be obtained from the Office of the Recorder of Titles, Service Tasmania offices or via the Land Information System Tasmania, commonly known as the LIST; c) The appropriate fee d) Three copies of the plan, drawn to scale, and including the following details: North point floor plan for each level (usually 1:100) indicating internal layout and placement of windows and doors elevation details indicating height of building, location of windows and doors, materials to be used and colour of materials on external surfaces site layout (usually 1:200) indicating (as relevant): location of buildings access parking and manoeuvring area distance from boundaries contours trees to be removed location of buildings on adjoining lots buildings to be demolished if relevant rights of way or easements cut and fill open space landscape plan. Other details may be required depending on the Planning Scheme and requirements of the Planning Application.
Legislation requires councils to process a planning application within a maximum 42 days but many applications take less time to process. Processing times vary depending on: the complexity of the application the number of applications already being considered by the council whether all of the necessary information has been provided whether the application is a 'permitted' or 'discretionary' one.
Obtain a Certificate of Likely Compliance from a building surveyor, to certify that the proposed works are likely to comply with the Building Act. You can use a private surveyor or one employed by the council. If building with unusual materials or methods, it would be worth seeking out a surveyor who has previous experience of them.
32 Building surveyors usually require a site soil test to be carried out prior to issuing a Certificate of Likely Compliance for the proposed work if it includes footings. The surveyor will also determine if it is necessary to carry out protection work in respect to adjoining properties. They may also require certificates from other specialist areas, such as structural engineers.
The same surveyor will then carry out the required building inspections (typically at stages of foundations, footings and slabs, framing up, completion), up to and including the Certificate of Occupancy; once appointed, a building surveyor cannot be removed before they have exercised all their relevant powers.
You can now apply for a Building Permit. This process focuses on the proposed building works. You may need to obtain a Plumbing Permit, and if the building is in a non-sewered area you may also need a Special Plumbing Permit for any on-site wastewater management system to be installed. Plumbing work is inspected by council, typically at stages of covering, commissioning, stormwater and sewerage drains, and completion.
Certificate for Certifiable Work - TasWater The application for a Certificate for Certifiable Work (Building) and/or (Plumbing) should be prepared and submitted to TasWater. The application should include: details of existing buildings, buildings to be removed proposed buildings. footing details for buildings within the influence of TasWater underground pipe work. TasWaters water and sewer infrastructure including proposed extensions/relocations and details of new/upgraded connections/removal of redundant connections to TasWater underground pipe work. For proposed extensions and relocations of TasWater underground pipe work detailed engineering plans are required to be submitted to TasWater for approval and issue of an Engineering Design Approval. The design should include details of the mains extensions and details of connections to TasWater underground pipe work (see Subdivisions Quick Guide for creation of new assets). An application for Trade Waste discharge should also accompany the Certificate for Certifiable Work (Building) and/or (Plumbing) application. A Certificate for Certifiable Work (Building) and/or (Plumbing) will be issued within 14 days. This will be sent to the applicant/owner and should then be forwarded to the council and to your building surveyor. You may be able to obtain an exemption to a Certificate for Certifiable Work (Building) and/or (Plumbing) by applying to TasWater for a Building and Plumbing Exemption. The Building and Plumbing Exemption form has a series of questions which will assist you to determine whether your development qualifies. If you answer YES to any of the questions then you must apply for a TasWater Certificate for Certifiable Work (Building) and/or (Plumbing). If you are able to answer NO to all questions on the Building and Plumbing Exemption form then you are able to claim an exemption. The exemption form would need to be endorsed by TasWater. Email to development@taswater.com.au for endorsement. If you are in doubt that you will be able to obtain a Building and Plumbing Exemption, it is recommended that you contact one of the TasWater development staff. (If exempted by a Development Assessment Officer you may then wish to seek a Certificate of Likely Compliance from you building surveyor) If your development ticks a YES box to the above exemption form; you must apply for a Certificate of Certifiable Works (Building) and/or (Plumbing). Note: This step is required for ALL building works. 33 Select Your Builder Select an accredited builder, or if you are an Owner Builder talk to your councils building department about what extra paperwork is required.
Certificate of Likely Compliance Building Surveyor Give your building surveyor your builders details (or the owner builder documents) and the Certificate of Certifiable Works (Building) and/or (Plumbing) (or the Building and Plumbing Exemption if applicable). A Certificate of Likely Compliance will be issued by your building surveyor in due course.
Once you have all your permits, building work may commence: Notify the building surveyor of the prescribed stages of building work to allow inspections Construct in accordance with your permit and the Building Code of Australia Pay all fees, charges and levies required Obtain an Occupancy Permit Obtain a Certificate of Completion
Timeframe Once a building permit is issued, building work must commence within 12 months and be completed within 24 months, unless other arrangements are made. Tradespersons Electrical contractors must be licensed see the Electrical standards and safety (a division of the Department of Infrastructure, Energy and Resources).Plumbers or gas-fitters must be registered by the Plumbers and Gas-fitters Registration Board. Scaffolding erection and tree felling are known to require tickets and the installation of wood heaters and on site steel work may also require these. Where no occupational licensing is required, ask for references from owners for whom tradespeople have worked Levies A Training Levy is charged on any building project over $5,000 and is calculated as 0.2% of the estimated cost of the building, as indicated in the contract or as on the building application form. A Building Levy is charged for building work and related plumbing work with an estimated total cost of $5,000 or more (the contract cost, including materials and labour). It is calculated as 0.1% of the cost of the work.
Grey Water
An Application for a Special Plumbing Permit will be required for the intended installation of a permanent grey water system, including diversion devices and/or treatment systems. There are a number of other documents required as part of a submission of a Special Plumbing Permit for the installation of a permanent grey water system. These may include: site plans; appropriate hydraulic calculations and documentation; Geotechnical Assessment Report. These documents are to be completed by a suitably qualified engineer.
Environmental Guidelines for the Use of Recycled Water in Tasmania. Department of Primary Industries Water and Environment, 2002
34 Alternative grey water systems http://jonnycomelately.hubpages.com/hub/Can-the-Water-you- Wash-with-be-Used-Again-Of-course-it-can-Naturally
Energy Efficiency
Published on the 30th of April 2013 the News Update covers the commencement of BCA 2013 and six star energy requirements on May 2013 for BCA Volume Two Buildings. From 1 May 2013 all building designs for new houses or additions (or a conditioned Class 10a building) submitted to building surveyors for a Certificate of Likely Compliance should include 6 Star energy efficiency measures in the design.
A set of Energy Efficient Design Guidelines is available for prospective home builders and designers. The guidelines cover the range of considerations from an analysis of the site and the opportunities it presents for energy efficient design, through to building orientation and layout, ventilation/cooling, insulation and landscaping.
An energy assessment of homes and extensions can be completed by the responsible designer (an architect or a building designer). Energy efficiency is part of their work as an accredited designer. An energy efficiency assessment may be made using the Deemed-to-Satisfy approach (prescriptive construction requirements for thermal comfort) in the National Construction Code. Energy efficiency may also be calculated using a computer-based energy-rating program operating approved second generation software. A signed and dated printed verification report and any supporting documentation must be provided to the building surveyor. An expert energy assessor, who is not the responsible designer, can also undertake energy rating assessments using the approved software. They must provide a verification report, supporting documents and complete a Form 55 Certificate of Specialist or Other Person to provide to the building surveyor. However the Form 55 will only be accepted by building surveyor if that independent energy assessor is accredited by either the Association of Building Sustainability Assessors or the Building Designers Association of Victoria. There is no requirement that an energy assessor must also be accredited under the Building Act 2000 as a building practitioner in Tasmania.
Water Guidelines http://www.taswater.com.au/Development/Quick-Guides#building2
35 ACT
The Construction Occupations (Licensing) Act 2004, which came into effect on 1 September 2004, makes owner builders just as responsible as licensed builders, and means that owner builders can now be subject to rectification orders requiring them to rectify non-compliant work for a period of up to 10 years.
Before you can erect a building or other structure you must obtain development approval (DA) some exceptions are applicable here. This is predominantly an approval for Design & Siting and then a building approval (BA) is required (there are some exceptions here for minor structures). The development approval (DA) comes first and is obtained through the Environment and Sustainable Development Directorate, ESDD (previously the ACT Planning and Land Authority). Development applications are lodged online using eDevelopment. The statutory timeframe for assessing code track applications is 20 working days.
After obtaining development approval (DA) you will need to obtain a building approval.
Once you have an approved set of BA drawings, you are then free to:- Obtain a quote from a licensed ACT Builder Go to tender Apply for an Owner/Builders License Owner builder licence An owner builder can build or renovate their own residence, or build structures around it such as decks, pergolas or carports. Only an individual can apply for an owner builder licence. The individual must own the land to be developed under the owner builder licence. Where there is more than one owner, all owners must consent to the application, with one owner put forward as the primary applicant.
Before you apply, you should determine whether you need development approval or if your project has exemptions from development and/or building approval. You should understand your owner-builder responsibilities, which include having building approval issued for the work before the owner-builder license can be issued. Once you have an owner-builder licence, you need to get a commencement notice to begin building.
A private building certifier must be appointed before the owner builder licence can be issued. To be eligible for an owner builder licence the owner must not have been granted an owner builder licence in relation to other land in the previous five years. There is no restriction on the number of owner builder licences for work on the same site, so renovations or extensions can be carried out in stages.
Qualification requirements In order to be granted an owner builder licence, the applicant must: demonstrate sufficient experience to be capable of carrying out the building work complete a recognised competency examination , demonstrating sufficient knowledge of legislative and technical requirements in relation to the work. Applicants who can demonstrate that they have adequate qualifications such as a builders licence, formal building qualifications or other relevant qualifications may not be required to complete an exam. 36 A pass mark of at least 75% in each part of the examination is required. You must respond in clearly legible English language, using metric units. The examination must be completed within two hours.
Get building approval To get building approval: appoint a licensed building surveyor as your certifier; apply for building approval and pay the relevant fees (your certifier will inform you); and employ a licensed builder or become licensed as an owner-builder (there are eligibility restrictions on owner-builder licences). The forms to complete are in the building approval information pack. You need to give the certifier properly prepared plans that show the work that will be done. Fees
The fees paid to the ACT Government for work requiring building approval are: a building levy, required for all plans that your certifier certifies; In addition to Development Application fees, a building and construction training levy is payable before building approval is given for work that requires building approval. The amount of the levy is 0.2% of the value of the building work including the first $10,000. This means $200 per $100,000 value. It does not apply unless the work has a value greater than $10,000 a training levy, required if the work has a value greater than $10,000; and a Workcover workplace safety fee, required for all commercial construction and sometimes for residential construction. Your certifier will calculate these using the Building Cost Guide and the Fees and charges booklet (accessible HTML version). You can pay these fees at the Customer Service Centres in Dickson or Mitchell, by calling Canberra Connect on 13 22 81 or online via Canberra Connect.
Energy Efficiency
The 2010 Building Code of Australia (BCA), which takes effect from 1 May 2010, contains enhanced energy efficiency measures. The code will require all new houses to be built to a six-star energy efficiency rating equivalence. Apartments will have to have an average rating of six-stars or equivalent. A buildings energy equivalence rating is determined by the design of its envelope or shell i.e. roof, walls, windows and floors. Other changes in the new code include domestic lighting efficiency requirements and increased energy efficiency and environmental sustainability requirements for commercial buildings. For more information about the code visit the Australian Building Codes Board website.
Grey Water
Wastewater ACT Government Urban Services refer to the ACT Environment Protection Policies for guidelines on using recycled water
There are also the ACT Environmental and Health Wastewater Reuse Guidelines (1997) and ACTEW Corporation Assessing recycled water
Greater 37 ACT Thinkwater Government directory for guidelines relating to grey water, rainwater tanks and water use policy
Resources ACT Planning and Land Authority 02 6207 1923, www.actpla.act.gov.au