Building

The Tasmanian government introduced the new Building Act 2016, which came into effect on 1 January 2017.   This Act regulates building and plumbing works.

The new Building Act takes a risk-based approach to building approvals. As such:

Low Risk (Category 1 & 2)

Medium Risk -Notifiable Works (Category 3)

High Risk Work – Permit required (All other work – Category 4)

It is your responsibility as the property owner to ensure that appropriate approvals are in place prior to commencement of any works.

However, before lodging a building or plumbing application and before carrying out any works you will need to find out if you require planning approval.

The Director of Building Control has issued a Determination showing the types of building work that fall into each category.

From time to time the Director may update the Determination so make sure you’re looking at the current version which will be available on the CBOS website https://www.cbos.tas.gov.au/topics/technical-regulation/building-standards/permit-authorities/categories-of-work

Category 1 – Low Risk Building Work (by an owner, competent person, or licensed builder).

If an owner undertakes any Low Risk Building Work as allowed by the Directors Determination, they are responsible for ensuring that any proposed work complies with the Determination, in particular to ensure they:

  • Review and comply with any relevant Standard Limitations,
  • That permitted size limits are not exceeded;
  • That boundary setbacks are complied with.

Council must be advised of some Low Risk work so there is a both a record of the erection of the structure and for payment of the relevant fees.

Any Low Risk work that the council must be notified about will be specified in the relevant clause.

A Notification of Low Risk Work (Form 80) must be lodged with Sorell Council wherever the clause indicates that the council is required to be notified.

Please ensure you have contacted Councils Planning department on 6269 0000 to confirm whether your proposed work requires a planning application.

 

Category 2 – Low Risk Building Work (performed by a Licensed Builder, or a competent person only where specified)

Council must be advised of some Low Risk work so there is a both a record of the erection of the structure and for payment of the relevant fees.

Any Low Risk work that the council must be notified about will be specified in the relevant clause.

A Notification of Low Risk Work (Form 80) must be lodged with Sorell Council wherever the clause indicates that the council is required to be notified.

Please ensure you have contacted Councils Planning department on 6269 0000 to confirm whether your proposed work requires a planning application.

 

 Category 3 – Notifiable Building Work (Notifiable Work must be performed by a licensed builder).

Work in this category requires a Certificate of Likely Compliance from a Building Surveyor, which is to be provided to Sorell Council prior to the commencement of work.

The licensed builder and relevant Building Surveyor are responsible for ensuring that any proposed work complies with this Determination, in particular to ensure it:

  • Complies with any relevant standard limitations,
  • That permitted size limits are not exceeded;
  • That boundary setbacks are complied with.

Specific requirements are also provided in the Building Act 2016 for notifications to the building surveyor to obtain authorisation to start work, inspections and completion of the work.

Please ensure you have contacted Councils Planning department on 6269 0000 to confirm whether your proposed work requires a planning application.

 

 Category 4 – Permit Building Work (Building Permit Work must be performed by a licensed builder).

Work in this category requires a Certificate of Likely Compliance from a Building Surveyor, and a Building or Demolition Permit from the councils Permit Authority.

All work proposed to be done by an owner that is not categorised as Low Risk Work by an owner, will require an Owner Builder Permit from CBOS, and a separate building permit from the councils Permit Authority.

  • Note: A person does not require an Owner Builder Permit for the construction of a Class 7b Farm Shed as this work is exempt from this requirement under the Occupational Licensing (Building Services Work) Regulations 2016.

Category 3 – Notifiable Building Work

Here is the process that an owner will go through when getting approval to build:

  1. Owner seeks a planning permit or exemption from planning
  2. Owner engages a private building surveyor
  3. Building surveyor provides a copy of certificate of likely compliance, the proposed design, and a formal notification for the proposed work, to councils permit authority.
  4. Payment of council fees this includes the Building Administration Fee and the Tasmanian Building and Construction Industry Training Board levy. Receipt of payment of these fees need to be provided to building surveyor before they will authorise a Form 39 – Start Works Notice.
  5. The building surveyor arranges the stages at which inspection will take place and provides permission for work to continue at each stage.
  6. The builder completes the work, provides a Form 71A Standard of Work certificate to the owner and the building surveyor, and requests an Occupancy (if required) and final inspection from the building surveyor.
  7. The building surveyor completes a final inspection and issues an Occupancy Permit (if required) and a certificate of final inspection.
  8. The building surveyor issues the certificate of completion and forwards a copy of it and the builder’s Standard of Work certificate to the permit authority, along with other relevant documentation such as as-constructed plans.

If associated plumbing works were carried out the Certificate of Completion (Plumbing work) will need to be issued prior to the building surveyor being able to issue Certificate of Completion (Building work).

 

Note:

If you cannot complete the building works within the 2 year timeframe you can request to extend you building notifiable works from your building surveyor.

 

Category 4 – Permit Building Work

  1. Owner seeks a planning permit or exemption from planning
  2. Owner engages a private building surveyor 
  3. Building surveyor provides a copy of the certificate of likely compliance, the proposed design, and any other relevant documentation along with an application for a building permit Form 2, to the permit authority.
  4. Payment of council fees this includes the Building Administration Fee and the Tasmanian Building and Construction Industry Training Board levy.
  5. Councils permit authority will issue a Building Permit. Your approval is valid for 2 years however substantial commencement is required within the first 12 months.

Your licenced builder can then lodge their Form 39 – Start works notice to the building surveyor to authorise and sends a copy to permit authority to file.

  1. The building surveyor arranges the stages at which inspection will take place and provides permission for work to continue at each stage.
  2. The builder completes the work, provides a Form 71A Standard of Work certificate to the owner and the building surveyor, and requests an Occupancy (if required) and final inspection from the building surveyor.
  3. The building surveyor completes a final inspection and issues an Occupancy Permit (if required) and a certificate of final inspection and sends copies to councils permit authority.
  4. If associated plumbing works were carried out the Certificate of Completion (Plumbing work) will need to be issued prior to councils Permit Authority being able to issue Certificate of Completion (Building work).

Councils permit authority will issue these documents and provide copies once completed.

Note:

You can extend your Building permit for a period of time (usually in 12 months intervals) using the Form 76A Extension of time form this form is needed to be completed and authorised by the building surveyor.

If the permit expires and work is not complete a new application must be made for a Building permit to enable work to be completed unless you can comply with the Directors Determination Special Circumstances for expired approvals.

If you would like to report any illegal works or potential illegal works we request that you put something in writing to sorell.council@sorell.tas.gov.au or hand written statement to be handed in at 47 Cole Street, Sorell.

We will need as much detail as possible, the location such as the road name, or the house number of the property it is near and what the illegal works involves and the risks it has to the public.

The investigation work will not always be carried out immediately, unless we believe the issue creates an immediate threat or safety concerns. However Council will investigate and take all necessary precautions where needed.

Illegal works on a property can also affect the sale of the property as potential buyers will be made aware of these works. This can result in the delay in settlement or even the buyer backing out of the sale.

If illegal works have been undertaken on your property please contact us so we can work with you to find a solution – Contact Us

Have you done any of these works without checking you need the relevant permits?

  • Building a house, deck, shed, carport or any other new structure?
  • Any internal or external alterations to your house?
  • Placed a shipping container on your property?
  • Built a fence or retaining wall?
  • Demolished something and replaced it with something else?
  • Installed a permanent or inflatable swimming pool.
  • Erected signage?
  • Erected or moved a temporary structure?
  • Any plumbing works?
  • Installed a Waste Water System?
  • Connected to Sewer or Water Mains?

Construction of the following may first require planning approval from Council:

  • A front fence over 1.2 metres high (including up to 4.5m within your front property boundary); or
  • A side or rear boundary fence over 2.1 metres high.

Please contact Council’s Planning Department on 6269 0000 or sorell.council@sorell.tas.gov.au  prior to construction if you have any doubt.

Council do not become involved in neighbour disputes regarding side and rear fences. If you cannot come to an agreement with your neighbour, you will need to obtain independent legal advice or Legal Aid. See Legal Aid’s fact sheet, here: https://www.legalaid.tas.gov.au/factsheets/neighbourhood-issues-fact-sheet/

If you are planning to develop you may be subject to additional construction requirements to ensure your home is defendable in the event of a bushfire.

Bushfire Hazard Management Plans (BHMP) are completed by an accredited bushfire practitioner who will determine the requirements for vegetation removal and any construction restraints to safeguard properties and human life.

You can find information about development in bushfire prone areas and a list of accredited bushfire practitioners from the Tasmania Fire Service website here –

Building for Bushfire

Council charge an Infrastructure Protection Bond and associated Bond Establishment Fee upon lodgement of a Building Application where Council have infrastructure. This is taken to ensure protection of our roads, footpath’s and other Council infrastructure during construction works. The bond may be used to repair any damage caused to Council’s infrastructure during the building works.

Upon completion of the Works and obtaining a Certificate of Completion (Building Works) from Council, you are entitled to redeem the Infrastructure Bond by completing the Infrastructure Bond refund form and emailing it to sorell.council@sorell.tas.gov.au.

 

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