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New 2017 Building Regulations
As you may be aware, new building regulations came into operation on 1st January 2017. These regulations change the current way building and plumbing permits are issued and categorise work into "notifiable", "low risk" or "high risk" work.
Flinders Council acknowledges that the building regulations may be hard to decifer. In an attempt to assist you with the determination of your building class, and also protect you from any possible subsequent action in the future, Council are offering an assessment service for all building works. Simply complete our Development Enquiry Form and submit to Council with drawings for your proposed works and staff will provide you with the neccessary advice to ensure that your development is legal. If your proposal is found to be exempt, Council will issue you with this confirmation. This confirmation will provide assurance for years to come if Council Officers or the Regulations change.
Information on new changes - Building Act 2016
For the purposes of the Building Act 2016, all building work is permit building work unless the work is:
a) low-risk building work or low-risk demolition work; or
b) notifiable work or notifiable demolition work; or
c) emergency work.
Permit work must be –
a) Designed by a designer, and
b) Performed by a licensed builder who is licensed to perform the permit building work; and
c) Inspected by a building surveyor as required under the Building Act 2016.
Do I need to apply for a Building Permit?
It depends on the type of building work you're doing.
Owners can carry out some low risk work without a permit from the Council but will need to use a licensed builder and engage a building surveyor to approve medium risk work.
You'll still need a council permit for high risk work (see Director's Determination below for details of risk categories).
Read the Fact Sheet - Consumer Guide - Low Risk Building and Plumbing Work (pdf, 166.6 KB) for an overview.
The Fact Sheet - Low Risk Work by Owner or Competent Person (PDF, 183.7 KB) provides a more comprehensive list of things to consider when undertaking work without any oversight by a Permit Authority or Building Surveyor.
The Checklist - Owner Responsibilities for Building Work Approvals provides owners with a checklist to ensure their key responsibilities as a property owner for notifiable (medium risk) and permit (high risk) are met under the Building Act 2016.
The Director's Determination on Categories of Building and Demolition Work (PDF, 350.1 KB) gives more detail about the work that can be legally undertaken without a permit.
I want to build a shed
Read the Fact Sheet - Sheds and similar structures - Building Act 2016 (PDF, 182.9 KB) for an overview of what an owner can do, when you need to use a licensed builder and whether or not you need a permit
I want to install solar panels
New requirements to allow for a greater size of an array of panels to be exempted from the requirement for a building permit and to provide for the creation of a scheme for the accreditation of solar installers.
“Photo-voltaic solar panels installed on a building roof are classified Low Risk if –
(i) the solar panels are installed by a person who holds a valid accreditation, to install solar panels, that is approved by the Director for the purposes of this regulation; and
(ii) the solar panels are parallel with the surface of the roof and there is not more than 100 millimetres between the top of the roof and the underside of the solar panel; and (iii) the solar panels, or any part of the solar panels, do not overhang the roof surface at any point; and
(iv) the solar panels are not within 200 millimetres of the edge of the plane of the roof; and
(v) the solar panel array does not result in more than 100 kilograms of dead load being placed on any single point where the solar panel array is attached to the roof; and
(vi) the solar panel array does not cover more than 38 square metres of –
(A) a single roof plane; or
(B) multiple roof planes that are supported by a single structure.
See section 1.1.14 Photo-voltaic solar panels in the Director's Determination - Categories of Building and Plumbing Work
If you need to apply for a Building Permit
Please complete a Building Permit Application Form 2 and submit to Council along with required documentation.
Building assessment is concerned with the technical aspects of the structure: how will it react to normal day-to-day conditions and in times of extreme weather? You may be asked to provide relevant details, including: footing design, timber strengths and sizes, energy efficiency, and bush fire planning.
Click here to view a flowchart of how the Building and Plumbing Application process works.
Building requires the use of experts. Qualified persons must be engaged to provide structural and technical advice to Council or to an independent building surveyor – see, Do I have to use the Council as my Building Surveyor?
For more information, visit the Everything Building website.
If you need to apply for a Certificate of Likely Compliance / Notifiable Building Work
Please complete an Application for Certificate of Likely Compliance - Notice of Work - Building Work Form 2 and submit to your Building Surveyor (Flinders Council can be used as your Building Surveyor)
Other application forms for Notifiable Demolition Work or Notifiable Plumbing Work can be found on our Forms Page
What if I want to be an Owner Builder?
Under the Building Act 2016 to be an owner builder, you must satisfy the following criteria:
An owner builder needs to reapply for owner builder status for each separate project they do.
A project may be building a house, or extending an existing dwelling.
A person who wants to be an owner builder should apply to Licensing see Occupational Licensing Act 2005.
An owner builder must also apply for a building permit for each project they undertake. This is regardless of the risk category which would be applied to the work if it was undertaken by a licensed builder.
All work undertaken by an owner builder is automatically permit building work.
Do I have to use Council as my Building Surveyor?
No, you don’t. Any building surveyor may provide a Certificate of Likely Compliance (CLC) to Council, allowing Council’s Permit Authority to issue the Building Permit. Bare in mind, the Building Surveyor is responsible for carrying out all your building inspections, but not your plumbing inspections – Council conducts these. Be advised, too, that the building surveyor you choose must be accredited to work in Tasmania. Please ensure that you are aware of the cost to you for inspection.
Council is available to assist you through this process. Should you have any concerns or queries, call the Development Services Department for assistance.