|
Swan Hill Rural City Council Building Department provide:
- Building permit and inspection services for all classes of buildings.
- Report and consent applications and assessments.
In this section you will find information on:
Is a building permit required?
Demolition works
Building inspections
Lapsed building permits
Swimming pools
Essential safety measures
Bushfire construction requirements
Termite management
Rooming houses
Domestic Building Advice & Dispute Resolution
Council downloads - documentation and information
Building Commission factsheets for more information
Is a Building Permit required?
In most instances the answer is often yes. Practice Note 32 issued by the Building Commission lists the types of building work that do and do not require a building permit. Click here to download the fact file.
Failure to Obtain a Building permit:
The Building Act 1993 and the Building Regulations 2006 state that building work cannot commence before a building permit can be issued. The Act prescribes a penalty of up to $10,000 for any work carried out without a building permit.
Owners may also have difficulty selling their properties if details of all the building permits cannot be provided. This may incur considerable costs to have non conforming building works rectified.
Demolition Works
Prior to the demolition of any building you must obtain a demolition permit. The only buildings exempt from requiring a permit is as follows.
Demolition of a freestanding Class 10 building (such as a shed, carport or garage) that:
- Is not constructed of masonry; and
- Does not exceed 40 square metres in floor area; and
- Will not adversely affect the safety of the public or occupiers of the building; and
- Is not work carried out on or in connection with a building included on the Heritage Register.
In order to determine if a building is on Council's Heritage Register you will be required to lodge an enquiry in accordance with Section 29A of the Building Act 1993 via the prescribed form. Refer to the Building Commission Practice Note No. 2006 – 43. Click here to download.
It should also be noted that demolition works are to be carried out by contractors that have a current Building Practitioner's Board Registration for the category of demolition to be undertaken.
Building Inspections
Inspections are an important part of the permit process. All new building and renovations for which the building permit has been issued must also have an Occupancy Permit or Certificate of Final Inspection issued before their use.
The following mandatory inspections are required in relation to building permits:
- Prior to placing footing
- Completion of framework
- Final-upon completion of all building work
Inspections may be arranged by phoning (03) 50362396 during office hours. (Please quote building permit number) A minimum of 24 Hours notice is required.
Lapsed Building Permits
Building Permits Lapse in the following situations:
Domestic:
- Building works not started within one year of the building permit date.
- Building works not completed within two years of the building permit date.
- Relocated dwellings not started within 6 months of the building permit date.
- Relocated dwellings not completed within 12 months of the building permit date.
Commercial/Industrial:
- Building works not started within one year of the building permit date.
- Building works not completed within three years of the building permit date.
Swimming pools:
- Works not completed (including safety barriers), within 6 months of the commencement of the building work.
Council's Municipal Building Surveyor may allow an extension of time to commence or complete works covered by a building permit issued by Swan Hill Rural City Council, where the building work warrants an extension.
Building permits issued by private building surveyors can only be extended by the private building surveyor.
The commencement or completion periods can only be extended prior to the lapse of the permit.
An application for an extension of time in respect of a Council permit, must include:
- A covering letter describing stage of work, the works to be completed and reasons for the extension of time and be accompanied by the prescribed fee.
Swimming Pools and Spas and Safety Fencing Requirements
Building Permits are required for all swimming pools and spas that have a depth greater than 300mm and are required to have safety barriers complying with AS1926 Parts 1 and 2 - 2007.
All new swimming pools require four-sided pool fencing. The use of doors in a dwelling as part of the safety barrier is not allowed.
All pools and spas, regardless of when they were built are required by the Building Regulations 2006 to be fitted with a safety barrier complying with AS1926.
If you have an existing pool or spa that does not have a safety barrier then you are required to have a barrier installed. A building permit is required prior to erecting the safety barrier.
Penalties up to $10,000 may apply to property owners who do not comply with this requirement. Click here to link to external information on swimming pools and spas.
Essential Safety Measures Maintenance
Owners of building classes 2-9 (multi-storey, dwelling units, motels, guest house, offices, shops, warehouses, factories, hospitals, public buildings and schools) are required to maintain all essential safety measures that are installed in a building. If your building was either constructed or altered since July 1, 1994 then all essential safety measures will be listed on the Occupancy Permit with the requirements for the level and frequency of this maintenance.
For buildings that were constructed before July 1, 1994, any essential safety measure installed in the building will have to be maintained to ensure that it functions properly. The Building Commission has produced an Essential Safety Measures Maintenance Manual that lays out all the requirements and responsibilities of property owners. A copy can be downloaded from here.
Bushfire Construction Requirements
As of 8 September 2011 all proposed building work throughout Victoria to any Class 1, 2, 3 or associated Class 10a building is required to address the requirements of the Building Amendment (Bushfire Construction) Regulations 2011 and AS3959 – 2009 Construction of Buildings in Bushfire Prone Areas.
Designated Bushfire Prone Area Mapping for the State of Victoria has now been determined and published by the Minister for Planning. The maps are published on the Land Channel website at www.land.vic.gov.au.
If your site is deemed to be in a Designated Bushfire Prone Area it is mandatory for you to conduct and fully document a site assessment to determine the level of protection required by the Australian Standard. The Building Commission has further information here.
The information in the guide summarises the simplified method for people to determine their BAL using an easy six-step approach. Sufficient information should be provided to the relevant building surveyor to allow confirmation of the assessment.
It should be noted that under Regulation No. 811 (3) of the Building Regulations 2006, if your site is in a Bushfire Prone Area and your Bushfire Attack Level (BAL) assessment is determined as BAL – LOW the building must still be constructed to the standard applicable to a bushfire attack level of 12.5 (ember attack) as set out in Section 5 of AS 3959 – 2009 Construction of Buildings in Bushfire Prone Areas.
The aim of the residential building standard Australian Standard, AS 3959-2009, is to improve the ability of buildings to withstand attack from bushfires including ember attack. This provides greater protection for the occupants of a building while the fire front passes as well as to the building itself.
Termite Management in Buildings
Swan Hill Rural City Council is a designated termite prone area under Regulation 803 of the Building Regulations 2006.
Any person intending to carry out building works within the municipality will be required to implement construction techniques that meet the requirements of the Building Code of Australia to prevent infestation.
Rooming Houses
What is a Rooming House?
Under the Residential Tenancies Act 1997 a rooming house is a building where:
- One or more rooms is available for rent.
- The total number of people who may occupy those rooms is four or more.
- Residents rent a room and may share communal facilities such as bathrooms and toilets.
- Different rental agreements can exist for different residents.
It is possible that you are a rooming house operator without even realising it; for example, if you rent out one or more rooms in your own house to four or more people.
As a rooming house operator, you will need to know about a range of laws covering property management, building maintenance, essential safety measures and systems, and residential management.
Consumer Affairs Victoria (C.A.V.) has developed a guide to help you understand the laws that apply to rooming houses. A copy can be downloaded from here.
Legal classification of rooming houses:
A rooming house can fall into two categories, a small rooming house (Class 1b) or a large rooming house (Class 3). It is important that you work out the right category for your rooming house. While rooming houses are covered by the legislation and regulations, they may be applied differently depending on the category your building is in.
Classifications:
Small Rooming House – Class 1b (BCA)
- Up to 12 unrelated residents.
- A total floor area of not more than 300 square metres.
- Download Council's ‘Requirements for Class 1b Dwelling Accommodation'.
Large Rooming House – Class 3
- 13 or more unrelated residents.
- A total floor area greater than 300 square metres.
A building permit is required for a rooming house and they must also be registered with Council's Health Department.
Should you wish to establish and register a Rooming House please contact Councils Building and Health Departments.
Domestic Building Advice & Dispute Resolution
Building Advice and Conciliation Victoria (BACV) is a one stop shop for consumers and builders, providing advice and assistance to resolve domestic building disputes.
BACV is managed and delivered jointly by Consumer Affairs Victoria and the Building Commission. Possible services include advice, conciliation and technical inspection of building work.
Please click here to access the BACV web pages.
LINKS:DOWNLOAD FILES: COUNCIL
LINKS:
DOWNLOAD FILES: BUILDING COMMISSION
|
