Understanding the Difference Between Development/Planning and Building – A Guide

Planning and building approvals are two separate application processes, each with a distinct purpose. In many cases, you will need both approvals before you can begin works. However, in some situations, only one or neither may be required, depending on the nature and scale of the proposal.

  • Planning (Development) Approval deals with how land is used and whether a proposal suits the site and planning rules.
  • Building Approval ensures the construction meets safety and building code standards.

To better understand the difference between these processes and when each is required, please refer to this section and the Planning/Development section of the website, and/or read through this summarised guide: Guide to Building and Planning Approvals.

Introduction to Building in the Shire of Corrigin

Building work in the Shire of Corrigin must comply with the Building Act 2011 and associated regulations. These laws help ensure that structures are safe, properly constructed, and suitable for their intended use.

Before starting any construction, it’s important to understand your legal obligations. In most cases, you’ll need to obtain a Building Permit from the Shire before any work begins, even for smaller projects like sheds and patios. Some types of minor work may be exempt, but it’s always best to check first.

Whether you’re building a new home, installing a swimming pool, or making structural changes to an existing building, getting the right approvals is an essential part of the process.

What Needs a Building Approval?

Building approval is needed for most types of construction in the Shire including buildings outside of the Corrigin town site except for sheds used solely for rural purposes. This includes most alterations/additions to dwellings and associated outbuildings/fencing within town sites. All commercial/industrial work also requires building approval and may also require council's planning consent (see under Town Planning).

The only exceptions to the above are; minor non- structural housing/outbuilding works, and non commercial/industrial outbuildings outside town sites (farm sheds, garages, pools etc).

The below link is an excerpt from the Government of Western Australia Department of Mines, Industry Regulation and Safety website. This is a complete guide of the building permit approval process in WA and will also take you through the building classes and fees associated.

https://www.commerce.wa.gov.au/building-and-energy/building-approvals

What is a Building Permit and When do you Need one?

A Building Permit is formal approval issued by the Shire under the Building Act 2011, confirming that proposed building work complies with the Building Code of Australia, relevant Australian Standards, and other applicable laws.

In most cases, you must obtain a Building Permit before starting any construction, even for smaller structures like patios or sheds. This ensures that buildings are safe, durable, and legally compliant.

You will generally need a Building Permit for:

  • Building a new house or ancillary dwelling (granny flat)
  • Adding extensions or making structural alterations
  • Constructing outbuildings such as garages, sheds, or workshops
  • Installing patios, verandahs, or carports
  • Building retaining walls over 500mm in height
  • Installing swimming pools or spas (including safety barriers)
  • Re-roofing with different materials or structural changes
  • Internal renovations involving structural changes
  • Commercial or industrial fit outs and refurbishments.

Some work may also require additional approvals (such as Development Approval, or Septic Approvals) depending on zoning and land use. If additional approvals are required, they will need to be obtained prior to lodging a building permit application.

What is Exempt From a Building Permit?

Certain types of low-risk or minor work may be exempt from requiring a Building Permit, provided they meet specific criteria under the Building Regulations 2012.

Common exemptions include:

  • Non-habitable outbuildings (e.g. small garden sheds) less than 10m² and under 2.4m in height
  • Pergolas (unroofed structures) attached to a dwelling and under 20m² in area
  • Fences and walls less than 750mm in height (and not associated with a swimming pool)
  • Minor maintenance, renovations and repair work that does not affect structural integrity of a building.

Exemptions can vary depending on zoning, use, and heritage considerations.

Building Framework

The building framework in the Shire of Corrigin is guided by State legislation and national standards that ensure buildings are safe, compliant, and fit for purpose. Before undertaking any construction, it’s important to understand the approvals process, the technical requirements of the National Construction Code, and your responsibilities as an applicant or builder.

Building Act 2011 and Building Regulations 2012

The Building Act 2011 and Building Regulations 2012 form the legal foundation for building control in Western Australia. They set out the rules for obtaining building approvals, carrying out work, and ensuring that buildings are safe, accessible, and compliant.

These laws outline the roles and responsibilities of owners, builders, and permit authorities (such as the Shire), and provide for enforcement, inspections, and penalties where necessary.

Building Act 2011
Building Regulations 2012

National Construction Code (NCC)

The National Construction Code (NCC) sets the technical standards for the design and construction of buildings across Australia. It includes requirements for:

  • Structural safety
  • Fire protection
  • Health and amenity
  • Accessibility
  • Energy efficiency and sustainability.

The NCC is divided into three volumes, depending on the type and classification of the building. All building work requiring a permit must comply with the relevant provisions of the NCC and any referenced Australian Standards.

National Construction Code

Responsibilities of Applicants and Builders

Builders and applicants have key responsibilities under the building legislation. These include:

  • Submitting complete and accurate building applications
  • Ensuring the work complies with the NCC and other applicable laws
  • Engaging a registered Building Surveyor to assess and certify the plans (Certified applications)
  • Not commencing any building work without a valid Building Permit
  • Constructing the building in accordance with the approved plans and permit conditions
  • Notifying the Shire upon completion where required.

The Shire is here to assist you through the process, but the legal responsibility for compliance rests with the builder and property owner.

Penalties

Carrying out building work without a valid Building Permit is an offence under the Building Act 2011. Serious consequences can apply, even if the building work would have been permitted if approved through the proper process.

Non-compliance

Penalties for non-compliant building work can include:

  • Infringement Notices for minor breaches may apply
  • Prosecution in the Magistrates Court, with fines of up to:
    • $50,000 for a first offence
    • $75,000 for a second offence and;
    • $100,000 for a third offence with imprisonment for 12 months
  • Daily penalties of up to $5,000 for continuing offences
  • Building Orders requiring work to stop, be demolished, or brought into compliance
  • Enforcement Notices from the Permit Authority.

In addition to legal penalties, unauthorised building work may also result in:

  • Delays in obtaining future approvals or certifications
  • Extra costs for engineering or compliance inspections
  • Issues with property insurance, lending, or settlement
  • Reputational and community impacts.

Retrospective (After the Fact) Applications

If you have already carried out building work without a permit, you may still apply for approval after the fact, this is known as a retrospective building application.

However, please note:

  • You must still meet all relevant National Construction Code and Building Act requirements.
  • The Shire may require structural certification, site inspections, or plans drawn by a qualified professional.
  • There is no guarantee that retrospective approval will be granted, the work may still need to be modified or removed.

The application fee for a retrospective building permit is twice the standard fee, as set out in the Building Regulations 2012.

This increased fee reflects the additional compliance burden and assessment time involved.

To avoid unnecessary cost, stress, and delays, always obtain a Building Permit before starting any construction work.

Building Application Process

Most building work in the Shire of Corrigin requires a Building Permit before construction begins. This process ensures that all structures meet minimum safety, health, structural, and amenity standards under the Building Act 2011 and National Construction Code.

The typical steps in the building application process are:

  1. Seek pre-lodgement advice (optional)
  2. Ensure septic approval has been granted (if applicable)
  3. Prepare and submit your Building Permit application, with all required documents
  4. Shire assessment and permit issue
  5. Commence building work only after the permit is issued.

A Building Permit is required before any construction begins. This includes siteworks or footings.

Building Surveyor Contact and Pre Lodgement Advice

The Shire contracts building services to the City of Kalamunda.

Before starting your project it is helpful to gather the following:

  • Location of the proposed development
  • A brief description of the proposal
  • A complete and scaled site plan and building plans.

With this information the City of Kalamunda will be able to guide you through the best pathway to completing an application.

City of Kalamunda – Building Services

Email: regional@kalamunda.wa.gov.au

Phone: 9257 9999

The City of Kalamunda have provided us with a checklist that needs to be completed before an application can be formally lodged. Until the checklist is complete, the application can't be accepted for processing. To see what we are looking for click this LINK and review the application checklist. 

Septic Approvals (Prior to Submitting a Building Application)

If your property is not connected to deep sewer, you will need approval for an onsite wastewater system (e.g. septic tanks or aerobic treatment unit (ATU)) before lodging a Building Permit application.

You must apply for a Health (Wastewater) Application to Construct or Install Apparatus, the application will include:

  • A site plan showing the location of all structures and systems
  • Details of the system and installer
  • Application form and applicable fees.

Contact the Shire Environmental Health Officer, Lauren Pitman for further guidance.
Email: eho@corrigin.wa.gov.au

Phone: 9063 2203

A Building Permit application cannot be fully assessed without first obtaining septic approval.

Applying for a Building Permit

Once you understand the requirements for your project and have gathered all the necessary documentation, you can lodge your Building Permit application with the Shire.

Applications can be submitted:

  • In person at the Shire Office (9 Lynch Street, Corrigin)
  • By email in PDF format (shire@corrigin.wa.gov.au)
  • By post (PO Box 221, Corrigin WA 6375)

To avoid delays, please ensure your application is complete and includes all required forms and plans.

Certified vs Uncertified Applications

There are two types of Building Permit applications: Certified and Uncertified. A Certified Application (BA1) means you engage a private Building Surveyor to assess your plans and issue a Certificate of Design Compliance before lodging with the Shire. This route is typically faster, with the Shire aiming to process the application within 10 business days and generally incurs a lower application fee.

An Uncertified Application (BA2) is lodged directly with the Shire without prior certification. The Shire then completes a full assessment, including certification, which can take up to 25 business days. As this involves additional work, the fee for uncertified applications is higher than for certified applications.

  • Certified applications are often used for commercial or complex projects where applicants already engage a private Building Surveyor.
  • Uncertified applications are more common for simpler residential projects, such as sheds, patios, or single dwellings.

Required Application Forms and Supporting Information

At a minimum, your application must include:

  • The appropriate application form (BA1 or BA2)
  • A Certificate of Design Compliance (For a BA1 – Certified application)
  • Scaled drawings:
    • Site plan
    • Floor plan
    • Elevations
  • Structural engineering plans and certification
  • Energy efficiency compliance documentation (Where applicable)
  • Septic approval (Where required)
  • Any relevant Bushfire Attack Level (BAL) assessments (If the property is in a bushfire rated zone).

You can check if your property is in a zone flagged as bushfire prone by visiting: DFES Bushfire Mapping website

You can download the application forms here:
BA1 Form and BA2 Form

Building Fees and Charges

Building application fees are set by the Building Regulations 2012 and are based on the estimated value of construction. These fees cover the assessment and administration of your application and must be paid in full before the application can be processed.

Additional charges may apply for:

  • Complex uncertified applications (as they require additional assessment)
  • State government levies such as the Building Services Levy (payable on all applications)

A full list of current fees and charges can be found in the Shire of Corrigin Schedule of Fees and Charges 2025/2026.

Construction Training Fund (CTF) Levy – Who Pays and how

The Construction Training Fund (CTF) Levy is a State Government levy that applies to all building and construction projects in Western Australia valued at $20,000 or more. It is currently charged at 0.2% of the estimated construction value.

The levy helps support skills training and workforce development in the construction industry.

Who is responsible for paying?
In most cases, the builder is responsible for paying the CTF levy, especially for larger residential or commercial projects. For owner-builders, the responsibility falls to the property owner. Essentially whoever is listed as the ‘builder’ on an application/permit is responsible for payment.

The CTF levy can be paid directly to the Construction Training Fund via their website: ctf.wa.gov.au

Once paid you will receive a receipt from the CTF, this receipt will be required as part of your application, a building permit cannot be issued by the Shire without this receipt being provided first.

After a Decision

Once your Building Permit is issued, it is important to understand your obligations during and after construction. This includes how to handle changes to the approved plans, how long your permit remains valid, and what to do once construction is complete.

Variations During Construction

If changes are made to the approved building plans after a Building Permit has been issued, these may require:

  • Submission of amended plans to the Shire for review
  • A formal amendment to your Building Permit (BA19 form).

It is essential that you contact the Shire before making any changes to approved works. Building without approval for modified plans can result in non-compliance or penalties.

Permit Duration and Extensions

A Building Permit is generally valid for two years from the date of issue.

If construction has not commenced or is not completed within this timeframe, you may:

  • Apply for an extension of time before the permit expires (in writing to the Shire), or
  • Be required to lodge a new Building Permit application.

It is your responsibility to monitor permit timeframes. Extensions are not automatic and should be requested with sufficient time for assessment.

Certificate of Completion

All Building Permits issued by the Shire of Corrigin require a BA7 – Notice of Completion to be submitted once work is finished. This form must be lodged within 7 days of completing the building work.

The BA7 form:

  • Notifies the Shire that the building work has been completed in accordance with the Building Permit
  • Must be signed by the builder named on the permit
  • Applies to all classes of buildings (residential, commercial, industrial, sheds, patios, etc.).

Depending on the type of building and the permit conditions, you may also need to include:

  • A Certificate of Construction Compliance (CCC) – typically for new commercial/multi-residential buildings
  • A Certificate of Building Compliance (CBC) – usually for unauthorised or retrospective applications where the structure needs to be assessed prior to a retrospective application being submitted
  • Any other relevant documentation required by your permit (e.g. engineering certification, plumbing certification, electrical certification etc).

Submitting the BA7 closes out the building permit and may be necessary for final occupancy, insurance, or future sale of the property.

Appealing a Decision

If you are dissatisfied with a Building Permit decision, you have the right to appeal to the State Administrative Tribunal (SAT) under the Building Act 2011.

This may include:

  • A refusal of your application
  • Imposition of conditions you believe to be unreasonable
  • Refusal to extend the duration of a permit.

Appeals must be lodged within 28 days of the Shire’s decision.

To lodge an appeal or find more information, contact the State Administrative Tribunal:

Specific Types of Buildings and Structures

Certain building types have unique requirements under the Building Act 2011 and associated codes and standards. The following guidance outlines when approvals are required and the typical considerations involved. For more information or to confirm whether a building permit is needed, please contact the Shire’s Building Surveyor.

Dwellings/Homes

Most new dwellings, including farmhouses, require a Building Permit and must comply with:

  • The Building Code of Australia (BCA)
  • Relevant bushfire and energy efficiency requirements
  • Septic approval (if not connected to deep sewer)
  • Structural engineering certification.

Key considerations include:

  • Zoning and whether the dwelling is permitted under town planning
  • Bushfire Attack Level (BAL) assessment if in a bushfire risk zone
  • Energy efficiency and ventilation standards
  • Structural integrity and site suitability.

Sheds and Outbuildings

Sheds and outbuildings include garages, workshops, garden sheds, and farm sheds.

You will require a Building Permit if the structure:

  • Exceeds 10m² in area and/or 2.4m in height
  • Has a floor made of concrete or another permanent material
  • Is intended for non-domestic use or includes electrical or plumbing services
  • Is used in a commercial, industrial, or agricultural capacity.

Even small sheds may require approval depending on:

  • Location on the property (e.g. close to boundaries)
  • Zoning and land use
  • Cumulative building area on the lot.

Patios, Pergolas and Shade Sails

These outdoor structures can provide shade and enhance outdoor living areas but must be constructed to meet safety and durability standards.

A Building Permit is generally required if:

  • The structure is attached to a dwelling
  • It is roofed or exceeds 20m² in area
  • Posts exceed 2.4m in height
  • It is located near boundary fences or easements

Unroofed pergolas under a certain height and size may be exempt.

Decking

Timber or composite decks are a common feature in residential buildings.

A Building Permit is required if the deck:

  • Is more than 500mm above natural ground level
  • Includes structural elements like posts
  • Is attached to, or forms part of a dwelling or patio.

Even low decks may require approval if they affect stormwater drainage or are located near boundaries.

Dividing Fences

Dividing fences are usually regulated under the Dividing Fences Act 1961, not the Building Act 2011. You may require approval if the fence:

  • Exceeds 1.8m in height
  • Includes masonry or retaining elements
  • Is built in a heritage area
  • Affects vehicle sightlines on a corner lot.

Neighbours are usually responsible for shared costs unless otherwise agreed. Disputes should be resolved through negotiation or via the Magistrates Court.

Retaining Walls

Retaining walls are engineered structures that support soil at different levels.

A Building Permit is required if the wall:

  • Retains more than 500mm of soil
  • Is within 1.0m of a boundary or another structure
  • Is part of a tiered system or supports a load (e.g. a driveway).

All retaining walls must be designed by a structural engineer, even in situations where a building permit isn’t required.

Pools, Spas and Pool Fences

Private swimming pools and spas are subject to strict safety requirements.

You will require a Building Permit for:

  • All new pools and spas
  • Pool fencing or safety barriers
  • Permanent installation of portable pools/spas

All pools must:

  • Be enclosed by a compliant safety barrier
  • Be inspected by the Shire every 4 years
  • Be registered with the Shire.

Safety barriers must meet the standards of AS 1926.1 and prevent child access at all times.

Transportable and Relocated Buildings

This includes demountables, dongas, portable cabins, or buildings moved from another location.

You must apply for a Building Permit and provide:

  • Structural certification and engineer’s inspection
  • Details on proposed cladding, finishing, and site works
  • Information on how the structure will comply with energy, stormwater, and wastewater regulations.

These buildings are assessed for their impact on local amenity and whether they fit within the character of the area.

Demolitions

A Demolition Permit is required for:

  • Any structure over 40m²
  • Complete or partial demolition of a dwelling, shed, or commercial building

Additional requirements may include:

  • Utility disconnections (power, water, gas)
  • Asbestos removal plan
  • Traffic management for buildings near roads

Permits are only issued to registered demolition contractors, unless exempted under legislation (e.g. small sheds).

Unauthorised Works

Building work commenced or completed without the required permits is a serious offence under the Building Act 2011.

If you have completed unauthorised work, you must:

  • Submit a BA13 Application for Building Approval Certificate (retrospective approval)
  • Provide evidence that the structure complies with all relevant codes and regulations
  • Pay any applicable penalties or fees.

Approval is not guaranteed. In some cases, removal or modification of the structure may be required.

Short Term Accommodation Requirements

If you are renting out a dwelling for less than 3 months, including via Airbnb or Stayz, you may need additional approvals.

From a building perspective, key differences from a normal dwelling include:

  • A Class 1b classification under the NCC if:
    • More than 6 unrelated guests are accommodated
    • The building is used simultaneously by multiple groups
    • You operate more than one dwelling on the site

A Class 1b building requires:

  • Disabled access and toilet provisions
  • Emergency lighting and signage
  • Hard-wired smoke alarms
  • Approved egress paths and fire separation if relevant.

If you are operating short-term accommodation, consult the Shire to confirm your building classification and whether upgrades are required to comply.