Building Regulations 1989 04-c0-03 Xml

Western Australia

Local Government (Miscellaneous Provisions) Act 1960

Building Regulations 1989

Part 1 — Preliminary

1.Citation

These regulations may be cited as the Building Regulations 1989 1.

2.Commencement

These regulations shall come into operation on the day that they are published in the Government Gazette 1.

2A.Application

(1)To the extent to which they apply to buildings that are Class 10 Buildings for the purposes of the Building Code these regulations apply in each local government district in the area specified for that district in Column 2 in Schedule 2 but not elsewhere.

(2)Part 10 of these regulations and Part G1.1 of the Building Code apply in each local government district in the area specified for that district in Column 3 in Schedule 2 but not elsewhere.

(3)Subject to subregulations (1) and (2) these regulations apply in each local government district in the area specified for that district in Column 4 in Schedule 2 but not elsewhere.

[Regulation 2A inserted in Gazette 8 May 1998 p. 2369; amended in Gazette 19 Jun 1998 p. 3282.]

3.Interpretation

(1)In these regulations unless the contrary intention appears —

“Act” means the Local Government (Miscellaneous Provisions) Act 1960;

“approved” means approved by the local government except where used in relation to plans, drawings and specifications submitted for approval under section 374 of the Act, in which case “approved” has a meaning consistent with the provisions of that section;

“builder” means a person employed to construct any building or to demolish, alter or execute any work on a building already constructed, and includes the owner or occupier of the land upon which any such building is intended to be constructed, or other person for whom, or by whose order or under whose direction and control such alteration or work was done or is intended to be done, as the case may be;

“Building Code” means the latest edition of the Building Code of Australia published from time to time by, or on behalf of, the Australian Building Codes Board, as amended from time to time, but not including explanatory information published with that Code;

“district” means the local government district in which a building is constructed or proposed to be constructed;

“Fire Brigades Board” means the Western Australian Fire Brigades Board as constituted under the Fire Brigades Act 1942;

“footing” means the construction by which the weight of the building is transferred to the foundations;

“Form” means a form in Schedule 1;

“local government” means the local government of the district in which a building is, or is proposed to be, constructed;

“owner” includes any person in possession or receipt of the whole or any part of the rents or profits of any land or tenement or in occupation of any land or tenement otherwise than as a tenant from year to year, or for any less term, or as a tenant at will;

“performance requirements” means the provisions of the Building Code which set out the technical requirements in accordance with which buildings must be built;

“repair” means the reconstruction or renewal of any part of an existing building for the purpose of its maintenance but does not include alteration.

[(2)repealed]

(3)A reference in these regulations or in the Building Code to a code or standard shall, unless the contrary intention appears in these regulations or in the Building Code, includes a reference to that code or standard as amended from time to time.

(4)Without derogating from section 32(1) of the Interpretation Act 1984, the headings of Parts, divisions and subdivisions of these regulations form part of these regulations.

(5)Notwithstanding section 32(2) of the Interpretation Act 1984, the heading to a regulation in these regulations or to a portion of a regulation in these regulations forms part of these regulations.

[Regulation 3 amended in Gazette 26 Jun 1992 p. 2758; 23 Jun 1995 p. 2442; 20 Jun 1997 p. 2821‑2 and p. 2826.]

4.Exemptions

(1)These regulations do not apply to the following buildings and work —

(a)any building that is exempted by Statute;

(b)temporary offices and sheds used by builders, on or about the site of any building being constructed, repaired, altered or reinstated, or used by contractors in carrying out works for any public body or corporation on or about the site of the work and used exclusively for the purpose of that building or work; but that exemption shall, however, continue only during the time occupied in completing the building or work, and in any case shall not exceed the duration of building operations, except by special permission of the local government; and

[(c)deleted]

(d)any building the plans, drawings and specifications of which —

(i)were approved before these regulations came into operation in the district or in that part of the district in which the building is situated; or

(ii)are approved pursuant to regulation 6 if that building is completed in accordance with and subject to the provisions of the by‑laws as in force before those regulations came into operation in relation to which that approval was given.

(2)For the purposes of these regulations the re‑erection of a building that has been removed and transported from another site or from another location on the same site shall be regarded as being the erection of a new building.

[Regulation 4 amended in Gazette 11 Jan 1991 p. 58; 20 Jun 1997 p. 2826 and 2837.]

5.Building Code adopted

(1)Subject to these regulations, the Building Code applies to and in relation to any building that can be classified according to use under Part A3 of Volume One of the Building Code and to any work referred to in Part XV of the Act and in the Building Code.

(2)Any alteration, addition, restoration or repair to a building shall conform with these regulations but where the local government is of the opinion that any such work consists only of minor work and does not adversely affect the safety of persons accommodated in or resorting to a building or property in or in the vicinity of a building the local government may determine that the Building Code does not apply in relation to such work and that the work shall conform to only such of the provisions of the Building Code as are specified by the local government.

[Regulation 5 amended in Gazette 11 Jan 1991 p. 58; 20 Jun 1997 p. 2822 and 2826.]

6.Savings and transitional provisions

Savings

(1)Where plans, drawings and specifications relating to the construction or alteration of a building on a site have been submitted to the local government for its approval and, before the local government has finally disposed of the matter —

(a)these regulations come into operation in the district or in that part of the district in which the site is located; or

(b)an amendment to these regulations or the Building Code comes into operation in the district or in that part of the district in which the site is located,

the local government shall deal with the matter in accordance with the local laws, regulations and the Building Code as in operation in the district or that part of the district at the time when the plans, drawings and specifications were submitted.

Transitional period to follow coming into operation of these regulations or amendments thereto

(2)Where plans, drawings and specifications relating to the construction or alteration of a building on a site are submitted to the local government for its approval then, notwithstanding that those plans, drawings and specifications do not comply with these regulations or the Building Code as in operation, at the time of their submission, in the district or in that part of the district in which the site is located, the local government may approve of those plans, drawings and specifications if the local government is satisfied that —

(a)if those same plans, drawings and specifications had been submitted to the local government at some time during the period of 12 months prior to the date of their actual submission they would have complied with the local laws, regulations and the Building Code as in operation in the district or that part of the district; and

(b)no undue delay has been occasioned in the submission of those plans, drawings and specifications to the local government.

[Regulation 6 amended in Gazette 20 Jun 1997 p. 2822 and 2826; 16 Dec 2005 p. 6079.]

Part 2 — Legal proceedings and notices

[7.Repealed in Gazette 20 Jun 1997 p. 2822.]

8.Notices to other authorities

Builder to give notice

(1)Every builder who intends to construct, alter, add to, underpin, demolish or remove any building shall, prior to the commencement of any work, give notice of that intention to any body, authority or instrumentality which is authorised under a law of the State to direct, regulate or approve the carrying out of any part of that building work.

Powers of building surveyor

(2)The building surveyor may refuse to issue a building licence under the provisions of Part 4 unless or until satisfied that the provisions of subregulation (1) have been complied with, and that the approval of such of the authorities therein mentioned as may apply to the particular case has been obtained, or may issue a building licence or demolition licence subject to compliance with the requirements of those authorities.

(3)Notwithstanding the provisions of subregulation (2) the building surveyor shall before issuing a building licence liaise with the Fire Brigades Board for the purposes of the fire prevention and public safety requirements of the Building Code.

(4)Subregulation (3) does not apply to Class 1 and Class 10 Buildings of the Building Code.

[Part 3 (r. 9) repealed in Gazette 20 Jun 1997 p. 2822.]

Part 4 — Building applications

10.Application for licence

(1)Every builder intending to construct a building or alter, add to, repair or underpin, demolish or remove an existing building shall before commencing —

(a)that construction, alteration, addition, repair or underpinning, demolition or removal; or

(b)any earthworks necessary for, or incidental to, that construction, alteration, addition, repair or underpinning, demolition or removal,

make written application to the local government for a licence to commence that work.

Form and lodging of application

(2)Applications made under subregulation (1) shall be in the form of Form 2 or 3, whichever is appropriate, and shall be lodged at the office of the building surveyor.

[Regulation 10 amended in Gazette 20 Jun 1997 p. 2826.]

11.Particulars to accompany application

Builder to submit drawings etc.

(1)Every builder making application for a building licence shall deposit with the building surveyor —

Building details

(a)2 complete sets of drawings (to scale not less that 1:100) showing —

(i)a plan of every storey;

(ii)at least 2 elevations of external fronts;

(iii)one or more sections, transverse or longitudinal;

(iv)the heights of each storey;

(v)depth of foundations;

(vi)underpinnings;

(vii)levels of ground;

(viii)construction of the walls, floors and roofs; and

(ix)any other information that the building surveyor may require, all clearly figured and dimensioned;

Block details

(b)a block and drainage plan (to a scale not less than 1:500) showing —

(i)street names, lot number, and title reference to the site with the north point clearly marked;

(ii)the size and shape of the site;

(iii)the dimensioned position of proposed new building and of any existing buildings on the site;

(iv)the relative levels of the site with respect to the street or way adjoining;

(v)the position and size of any existing sewers and existing stormwater drains;

(vi)the position of street trees, if any, between the site and the roadway;

Specifications

(c)2 copies of specifications describing materials to be used in the construction and, where not indicated on the drawings, the sizes thereof together with all other information not shown on the drawings, which is necessary to show that the building will, if constructed in accordance with the specifications, comply with the provisions of the Building Code;

Performance levels and requirements

(d)when required by the building surveyor —

(i)a list of the performance requirements applicable to that building which will be satisfied by a method other than that set out in the Deemed‑to‑Satisfy Provisions of the Building Code;

(ii)details of assessment methods to be used to establish compliance with those listed requirements;

(iii)details of any expert certificates relied on to establish compliance with those listed requirements, including the extent of the reliance and the qualifications of the expert;

(iv)details of any tests or calculations used to establish compliance with those listed requirements; and

(v)details of any standards or other documents relied on to establish compliance with those listed requirements;

(da)any other details required by the building surveyor to establish compliance with the Building Code; and

Cost estimate

(e)the estimated value (calculated in the manner set out in regulation 24(2)) of the proposed construction and, when so required by the building surveyor, the name and address of any registered architect, practising structural engineer or other person under whose supervision the construction is to be carried out.

CodeMark certificates

(1a)For the purposes of the application, a CodeMark certificate issued for a building product is sufficient evidence that the building product complies with the provisions of the Building Code specified in the certificate.

(1b)In subregulation (1a) —

“building product” includes a building product, method, design, component and system;

“CodeMark certificate” means a certificate, issued under the CodeMark Scheme administered by the Australian Building Codes Board, which certifies that a building product, method, design, component or system complies with the specified provisions of the Building Code.

Compliance with fire requirements

(2)Notwithstanding the provision of subregulation (1) every builder making application for a building licence, excluding Classes 1 and 10 of the Building Code, shall deposit with the Fire Brigades Board plans and specifications of sufficient detail to enable the Fire Brigades Board to assess their compliance with the Fire Requirements of the Building Code of Australia.

Requirements as to drawings

(3)The drawings referred to in subregulation (1) shall be legible and durable and shall be not less in size than sheet A4.

New and existing work

(4)All new work shall be clearly delineated on the drawings as distinct from existing work by colouring or other suitable means.

Particulars to accompany application for demolition licence

(5)An application for a licence to demolish or remove a building shall be accompanied by particulars of the location of the building, and such other particulars as the local government may require.

Particulars of levels to be supplied where earthworks involved

(6)Without limiting the generality of subregulation (1)(a)(vii) where any alteration is proposed to the existing conformation of the ground on the site involving earthworks of any description the local government may require the drawings referred to in that paragraph to show all levels, both new and old, clearly marked or indicated by contour lines or in such other manner as the local government may direct.

[Regulation 11 amended in Gazette 23 Jun 1995 p. 2442‑3; 20 Jun 1997 p. 2823 and 2826; 16 Dec 2005 p. 6079.]

12.Copies for records

Copies to be retained

(1)One copy of every drawing, plan, specification or calculation shall remain in the office of the building surveyor as a permanent record.

Plans etc. may be inspected by or with consent of owner

(2)The owner or mortgagee of any building or any person authorised in writing by the owner or mortgagee may, during the normal office hours of the local government, inspect any plan or other document relating to that building retained pursuant to subregulation (1).

Inspection by police officer

(3)This regulation does not prevent a police officer from being permitted to inspect a plan or other document in the course of duty in connection with a situation in which the safety of a person is at risk.

[Regulation 12 amended in Gazette 26 Jun 1992 p. 2758; 20 Jun 1997 p. 2826.]

13.Commencement of work

Buildings or alterations

(1)A builder shall not commence to construct, alter, add to or underpin any building and shall not commence any earthworks, necessary for, or incidental to, that construction, alteration, addition or underpinning until —

(a)the plans, drawings and specifications have been approved;

(b)the building surveyor has stamped the plans, drawings and specifications with the official stamp showing the number of the approval and the date of approval;

(c)the builder has paid the appropriate fee prescribed in the Table to regulation 24; and

(d)a licence has been issued in the form of Form 4 or 5.

Demolition

(2)A builder shall not commence to demolish or remove any building until —

(a)he has paid the appropriate fee prescribed in the Table to regulation 24; and

(b)a licence has been issued in the form of Form 7.

14.Examination of drawings etc.

Building surveyor to examine

(1)The building surveyor shall examine all plans, drawings, and specifications deposited with him or her, but if any such plans, drawings or specifications are, in the building surveyor’s opinion not in conformity with the requirements of this Part or not clear or not easily legible, or do not contain sufficient information, he or she may, within 15 days of their deposit with him or her, return them to the builder for amendment, and in that case the plans, drawings and specifications shall be considered as not having been deposited with the building surveyor until re‑submitted by the builder.

Disapproval of drawings etc.

(2)If —

(a)the local government; or

(b)the building surveyor, acting pursuant to a delegation under section 374(1b) of the Act,

refuses to approve any plan, drawing or specification, notice of the refusal to approve shall be given in writing to the builder and the reasons for the refusal to approve shall be stated in the notice, together with details of the builder’s rights under Part XV of the Act to apply to the State Administrative Tribunal for a review of the refusal.

[Regulation 14 amended in Gazette 20 Jun 1997 p. 2823 and 2826; 30 Dec 2004 p. 6949.]

15.Duration of licence

Building licence

(1)A building licence in the form of Form 4 is void if the work covered by the licence (the building) is not substantially commenced within 12 months of the date of the issue of the licence; but at any time after the expiry of 12 months the approval of the local government or the building surveyor, as the case may be, to the plans, drawings and specifications previously approved may, if those plans, drawings and specifications are still in conformity with these regulations, be again obtained subject to the payment of any further fees and the lodging of such further plans, drawings and specifications as the local government or building surveyor may at its or his or her discretion require.

Demolition licence

(2)A demolition licence in the form of Form 7 is void if the work covered by the licence is not commenced within 12 months of the date of the issue of the licence.

[Regulation 15 amended in Gazette 20 Jun 1997 p. 2826.]

16.Building left incomplete

Time for completion

(1)Where a licence is issued under these regulations for the construction of a building that building shall be completed within 24 months of the date of the issue of the licence, or such other time as approved by local government.

Consequences of failure to complete

(2)Where work on the construction of a building is commenced but is not completed within the time prescribed by subregulation (1) the provisions of section 409A of the Act apply.

[Regulation 16 amended in Gazette 20 Jun 1997 p. 2826.]

17.Departure from approved plans

No variation from or alteration of approved plans, drawings and specifications shall be made by any builder without the consent of the building surveyor in writing having been first obtained, and any alteration or departure from the approved plans, drawings and specifications shall, on the consent of the building surveyor therefor being notified, be drawn, described, and endorsed on and in the plans, drawings and specifications.

18.Preliminary plans and provisional approvals

Plans may be lodged with owner’s consent

(1)Notwithstanding anything contained in this Part any person having paid the fees prescribed in item 2 of the Table to regulation 24 may submit to the building surveyor preliminary plans, drawings and specifications of any building proposed to be constructed, accompanied by the written consent of the owner of the site of the proposed building to the lodging of those plans, drawings and specifications for examination and report as to whether such proposal is capable of being executed in conformity with these regulations.

Application for provisional approval

(2)Without limiting the operation of subregulation (1) a person may apply to the local government for its provisional approval of a proposed building, by lodging with the application —

(a)the fee prescribed in item 2 of the Table to regulation 24;

(b)preliminary plans, elevations and sections of the proposed buildings; and

(c)such concise specifications or descriptions as the local government may require to satisfy itself as to the nature of the building and its intended use.

Consideration by local government

(3)The local government may after considering the report of the building surveyor on an application made pursuant to subregulation (2) give its provisional approval for the construction of the proposed building, if, when constructed, it would conform to these regulations as in force, at the time of the making of the application, in the district or in that part of the district in which the building is proposed to be constructed.

Duration of provisional approval

(4)A provisional approval given pursuant to subregulation (3) shall remain in force for a period of 12 months from the date on which it is given.

Effect of provisional approval

(5)A provisional approval given pursuant to subregulation (3) has the effect, notwithstanding any provision of these regulations to the contrary, of enabling the person to whom it is given, during the period that it is in force, to procure the issue of a licence for the commencement of work on the proposed building, if the final plans, drawings and specifications are in conformity with the provisional approval and the fees prescribed in the Table to regulation 24 are paid.

[Regulation 18 amended in Gazette 12 Jul 1991 p. 3458; 20 Jun 1997 p. 2823 and 2826.]

Part 5 — Certificate of classification

19.Classification of buildings

Every building shall be classified by the local government in accordance with Part A3 of Volume One of the Building Code.

[Regulation 19 inserted in Gazette 20 Jun 1997 p. 2823.]

20.Certificate of classification

Preparation

(1)Where approval is given for the erection of a building the local government shall —

(a)on completion of the building; or

(b)where it consents in writing to the occupation of portion of the building concerned before the completion of the entire building concerned,

prepare a certificate of classification, in duplicate, in the form, or to the effect, of Form 1.

Issue

(2)The original of the certificate shall be issued to the person on whose behalf the building was erected.

Inspection of certificates

(3)The duplicate shall be retained in the local government’s office and shall be open to inspection free of charge by any person during the normal office hours of the local government.

No occupation until certificate is issued

(4)A person shall not occupy any portion of a building until a certificate of classification has been issued in accordance with these regulations.

Non‑application to Class 1 or Class 10 building

(5)This regulation does not apply to a Class 1 or 10 building of the Building Code.

[Regulation 20 amended in Gazette 20 Jun 1997 p. 2824 and 2826.]

21.Certificate for a building occupied in stages

Where a certificate of classification has been issued for portion of an uncompleted building and the local government approves the occupation of a further portion of the building, it shall —

(a)revoke that certificate; and

(b)issue a further certificate of classification in accordance with regulation 20 covering all portions of the building for which approval to occupy has been given by the local government.

[Regulation 21 amended in Gazette 20 Jun 1997 p. 2826.]

22.Change of use

Application of regulation

(1)This regulation applies to any building, whether erected before or after the commencement of these regulations.

(2)The use of a building shall not be changed from that of one Class to that of another Class unless —

(a)the building complies with the requirements of the Building Code applicable to the new Class; and

(b)the change of use has been approved by the local government.

Change of use to be notified

(3)Before making any change in the use of a building which would result in a change of classification under these regulations, the person proposing to make that change shall notify the local government in writing, setting out the nature of the proposed change of use.

New certificate

(4)Upon approving a change of use the local government shall —

(a)revoke any certificate of classification already in existence for the building; and

(b)prepare a certificate of classification in accordance with regulation 20 in respect of the new use; and

(c)issue the original of that certificate to the person proposing the change of use.

[Regulation 22 amended in Gazette 20 Jun 1997 p. 2826.]

23.Offences

A person who uses or occupies or permits the use or occupation of a building in contravention of regulation 20(4) or 22 is guilty of an offence.

Penalty: $5 000 and in addition a daily penalty of $100 for each day during which the offence continues.

[Regulation 23 amended in Gazette 20 Jun 1997 p. 2824.]

Part 6 — Fees

24.Scale of fees

(1)The scale of fees set out in the Table to this regulation shall be chargeable by and received by a local government on an application for any licence, or for services to be rendered or provided under these regulations.

(2)For the purposes of item 1 of the Table to this regulation —

(a)where the construction work is to be carried out under a contract, the estimated value of the construction work shall be the contract price, where that price includes value for at least each of the components referred to in paragraph (b); and

(b)where the construction work is carried out other than under a contract or under a contract the contract price for which does not include value for each of the following components, the estimated value of the construction work shall be the sum of the value of all goods (including manufactured goods) forming part of the construction work, labour, services necessary, fees payable, overheads to be met and profit margin.

Table
Scale of fees

ItemDescription	Fee
1.Building licence —
(a)For the issue of a building licence for a new building of Class 1 or 10 or for alterations or additions to an existing building of Class 1 or 10.	0.35% of of the estimated value of the proposed construction as determined by the local government, but not less than $40.
(b)For the issue of a building licence for a new building of a Class other than Class 1 or 10 or for alterations or additions to an existing building of a Class other than Class 1 or 10.	0.2% of of the estimated value of the proposed construction as determined by the local government, but not less than $40.
2.Preliminary plans
For the examination of, and a report on, preliminary plans.	25% of the fee for the issue of a building licence to carry out the proposed construction described in the plans.
3.Materials on, or excavation of, a street For the issue of a licence for the deposit of materials on, or the excavation of, a street.	$1 per month or part of a month for each m2 of the area of the street enclosed by any hoarding or fence.
4.Demolition
For the issue of a licence to demolish a building.	$50 for each storey.

[Regulation 24 amended in Gazette 12 Jul 1991 p. 3457‑8; erratum in Gazette 19 Jul 1991 p. 3625; amended in Gazette 23 Jun 1995 p. 2443; 20 Jun 1997 p. 2824 and 2826; 28 Jul 2000 p. 4014.]

Part 7 — Precautions during construction

25.Licences under section 377 of the Act

A licence issued under section 377 of the Act shall be in the form of Form 6.

26.Hoardings

General

(1)The erection, maintenance, lighting and removal of hoardings and fences shall be carried out in accordance with the provisions of Part XV of the Act and with such other requirements as the building surveyor may specify in order to ensure the safety and convenience of the public.

Limit of encroachment

(2)A hoarding or fence erected pursuant to Part XV of the Act, or under a licence issued under section 377 of the Act shall not encroach at pavement level past half the width of the public footway or such other width as determined by the local government.

[Regulation 26 amended in Gazette 20 Jun 1997 p. 2826.]

27.Protection of adjacent property

Shoring and underpinning

(1)Where an excavation or demolition is to be made in proximity to an existing building that building shall be protected to ensure stability.

Additional precautions

(2)Where the foundation of an existing building is of material likely to become unstable as a result of the excavation of adjoining ground, additional precautions, to the satisfaction of the building surveyor shall be taken to ensure its stability.

Building work affecting building of adjoining owner

(3)The provisions of section 391 of the Act apply in relation to building work described in subsection (1) of that section.

Damage by vibration

(4)Where any building operations or earthworks involve the use of equipment that may, in the opinion of the local government, cause damage by vibration to the property of an owner of land in the vicinity of the land on which such operations or earthworks are carried out, the local government may impose requirements as to the manner of carrying out such operations or earthworks for the purpose of minimising such damage, and effect shall be given thereto.

[Regulation 27 amended in Gazette 20 Jun 1997 p. 2826.]

28.Protection of excavation

Every excavation for a building shall be properly guarded and protected and shall, where necessary, be sheet piled so as to prevent caving in of the adjoining earth or pavement, and in any case required by the building surveyor, sheet piling of an approved type shall be utilized to protect the subsoil from damage by scour of subsoil or surface waters.

29.Storage of material on streets etc.

Permissible in certain circumstances only

(1)A builder shall not deposit or store any material on a street, way, or other public place except for the purpose of immediate transportation of that material onto the building site or ground being used for the purposes of building operations, and the deposit and transportation shall be carried out as expeditiously as possible, and at such times, as in special circumstances the building surveyor may direct, so as to cause the least possible obstruction to traffic on the street or way, and with due precautions for the public safety and convenience.

No restriction where licence has been obtained

(2)Any part of the street or way for which the builder has procured a licence for use and enclosure by a hoarding, shall be deemed part of the building site for the purposes of this Part for the period covered by that licence.

Part 8 — Precautions during demolition

30.Licence to take down buildings

A licence issued under section 374A of the Act shall be in the form of Form 7.

31.Demolition of buildings

(1)Any person demolishing or removing any building or part of a building shall ensure that —

(a)before any demolition work commences —

(i)notification shall be given to —

(A)Telecom (as defined in the Telecommunications Act 1991 of the Commonwealth 2) and arrangements made for disconnection of its services; and

(B)the relevant electricity corporation, Gas Corporation or other supply authority and arrangements shall be made for the disconnection of energy services to the building, or the part of the building to be demolished;

and

(ii)a certificate shall be obtained from the Health Surveyor of the local government certifying that the building to be demolished has been treated so as to ensure that it is not infested by rodents;

(b)where the building to be demolished comprises more than 1 storey, the demolition shall be effected by the complete removal of 1 storey after another, commencing with the uppermost storey and proceeding with the successive removal of the storeys in descending order, or other method approved by the local government;

(c)no part of an external wall abutting on a street or road shall be demolished, except during such hours as are permitted by the building surveyor;

(d)unless otherwise authorised by the building surveyor, any material removed or displaced from the building shall not be placed upon a floor of the building but shall be immediately lowered to the ground and thereafter removed from the site, but in no case shall loading be such as to cause a floor to collapse;

(e)materials removed or displaced from the building shall not be placed in any street, road or right of way and, before commencing work, as the case may require, shall be kept sprayed with water so as to prevent any nuisance from dust;

(f)materials removed or displaced from the building being demolished or materials left standing shall not be burned on the demolition site;

(g)the local government shall be notified of the existence of any septic tank(s) on the demolition site 7 days prior to the emptying and filling of such tank(s);

(h)any septic tank(s) on the demolition site shall be emptied and filled with clean sand or removed entirely and any soakwells, leach drains or similar apparatus shall be removed or filled with clean sand;

(i)where the building being demolished is more than 1 storey in height, a hoarding and an overhead gantry shall be provided to protect pedestrians;

(j)where required by the local government, a footpath deposit shall be lodged with the local government to cover the cost of any damage caused to footpaths during the demolition operation, against which the actual cost of repairing any damage will be charged and any unexpended balance refunded to the person taking out the licence. In the event of the cost of repairs being in excess of the deposit lodged, the person holding the licence shall, on demand, pay the amount of the excess to the local government;

(k)where necessary, the holder of a licence shall construct a temporary crossing place over the footpath as specified by the local government;

(l)the demolition site shall be cleared, and left clean and tidy to the satisfaction of the building surveyor within 90 days of the date of commencement of the demolition or such other time as agreed by the local government;

(m)the fee for this licence has been paid being the fee set out in item 4 of the Table to regulation 24; and

(n)the provisions of the Occupational Safety and Health Regulations 1996 are complied with in relation to the demolition work.

(2)In subregulation (1)(a)(i)(B) —

“relevant electricity corporation” means the Electricity Networks Corporation, the Electricity Retail Corporation or the Regional Power Corporation, established by section 4 of the Electricity Corporations Act 2005, as the case requires.

[Regulation 31 amended in Gazette 11 Jan 1991 p. 58; 12 Jul 1991 p. 3458; 20 Jun 1997 p. 2824‑5 and 2826; 31 Mar 2006 p. 1342.]

Part 9 — Projection beyond street alignments

32.Construction of projections

Footings

A footing shall not project beyond the street alignment except that where the top of the footing —

(a)is more than 750 mm and less than 3 m below the pavement level, the footing may extend 300 mm beyond the street alignment; and

(b)is 3 m or more below the pavement level, the footing may extend 750 mm beyond the street alignment.

33.Minimum height above pavement

A projection shall not extend beyond the street alignment at any height less than 2 750 mm from the level of the public footway but the provisions of this regulation do not apply to —

(a)footings constructed in accordance with the provisions of regulation 32; or

(b)mouldings which do not project more than 12 mm beyond the street alignment in any portion of a shop front.

[Regulation 33 amended in Gazette 20 Jun 1997 p. 2825.]

[34.Repealed in Gazette 12 Nov 1993 p. 6151.]

35.Windows, balconies etc.

A balcony shall not encroach over a street, way or public place to a greater distance than that provided by section 400(2) of the Act, and a balcony or window shall not project more than 900 mm beyond the street alignment in a street over 12 m in width, or more than 600 mm in a street from 10 m to 12 m in width, and —

(a)any part of a projection where it overhangs a street shall be not less than 2 750 mm above the level of the street and be not nearer than 1 200 mm to the centre of the nearest party wall or to any adjoining building or allotment not in the same occupation;

(b)the aggregate length of any projections shall not exceed one‑half of the length of the wall of the building on the level of the floor on which the projections are made;

(c)a projecting window shall not exceed a total overall width of 3 600 mm and the distance between any 2 projecting windows shall not be less than one‑half of the aggregate width of those windows;

(d)projecting windows shall not be connected by a balcony having any portion projecting beyond the street alignment.

[Regulation 35 amended in Gazette 20 Jun 1997 p. 2825.]

36.Gates, doors etc., abutting on street

A person shall not construct or hang any gate, door, window, or shutter in such a manner that any part of the gate, door, window or shutter when being opened projects over any street or way at a height less than 2 750 mm above the level of the pavement.

[Regulation 36 amended in Gazette 20 Jun 1997 p. 2825; 28 Jul 2000 p. 4014.]

37.Window shutters

Notwithstanding the provisions of this Part, window shutters are permitted if they project not more than 50 mm beyond the street alignment when in the fully open position.

Part 10 — Private swimming pools

[Heading inserted in Gazette 26 Jun 1992 p. 2758.]

38.Certain provisions of the Building Code not to apply

The following provisions of the Building Code do not apply —

(a)in Volume One —

(i)Objective G01(c);

(ii)Functional Statement GF1.2; and

(iii)Performance Requirement GP1.2;

and

(b)in Volume Two —

(i)Objective O2.5(b);

(ii)Functional Statement F2.5.2; and

(iii)Performance Requirement P2.5.3.

[Regulation 38 inserted in Gazette 20 Jun 1997 p. 2825.]

38A.Definitions

In this Part —

“access through a building” means access between the area within an enclosure and a part of a building to which there is direct or indirect access from outside the enclosure;

“swimming pool” means a swimming pool, within the meaning of section 245A(1) of the Act, in which there is water that is more than 300 mm deep;

“young child” means a child under the age of 5 years.

[Regulation 38A inserted in Gazette 26 Jun 1992 p. 2758; amended in Gazette 12 Nov 1993 p. 6151; 20 Jun 1997 p. 2826; 19 Oct 2001 p. 5610; 14 Dec 2001 p. 6399.]

38B.Enclosure of pool

(1)Except as provided in subregulation (2) and regulation 38D(2), the owner or occupier of premises on which there is a swimming pool is to install or provide around the pool an enclosure suitable to restrict access by young children to it and its immediate surrounds.

Penalty: $5 000 and a daily penalty of $250.

(2)If the pool is at the rear of the premises, a person does not contravene subregulation (1) only because the area enclosed includes, as well as the pool and its immediate surrounds, any other part of the rear portion of the premises.

(3)Despite subregulation (2), an enclosure is not suitable for the purposes of subregulation (1) if a building other than a Class 10a building under the Building Code is included within the area enclosed unless all external doors and windows in that building satisfy the requirements of Australian Standard AS 1926.1, but a Class 10a building may be included within the area enclosed even though any external door or window in it does not satisfy those requirements.

(4)Except as provided by this Part, the enclosure is not suitable for the purposes of subregulation (1) unless —

(a)it consists of a fence, wall, gate or other barrier, or a combination of them;

(b)any fence, wall, gate or other barrier included in the enclosure is in accordance with the requirements of Australian Standard AS 1926.1 or alternative requirements that the local government approves; and

(c)any wall that it includes contains no means of access through a building other than —

(i)a window that is in accordance with the requirements of AS 1926.1; or

(ii)a door that is approved by the local government under regulation 38C.

(5)The local government is not to approve alternative requirements under subregulation (4)(b) unless it is satisfied that the requirements will restrict access by young children to the swimming pool as effectively as Australian Standard AS 1926.1.

(6)If a boundary fence of the premises is a part of the enclosure of a pool, the boundary fence satisfies the requirements of clauses 2.3, 2.6 and 2.7 of Australian Standard AS 1926.1 if all those requirements are satisfied in relation to either side of the fence.

[Regulation 38B inserted in Gazette 14 Dec 2001 p. 6400; amended in Gazette 5 Apr 2002 p. 1827.]

38C.Approval of doors by local government

(1)The local government may approve a door for the purposes of regulation 38B(4)(c)(ii) if the door is in accordance with the requirements of Australian Standard AS 1926.l and —

(a)in the opinion of the local government, to install between the building and the pool a fence or barrier satisfying regulation 38B would involve —

(i)a sufficient problem of a structural nature; or

(ii)a sufficient problem of any other nature, the cause of which is neither within the control of the owner nor occupier;

(b)the pool is totally enclosed by a building; or

(c)in the opinion of the local government, the existence between the building and the pool of a fence or barrier satisfying regulation 38B would create a sufficient problem for a person with a disability who is resident at the premises and wishes to have access to the pool.

(2)In deciding whether to give approval under subregulation (1) a local government is to place particular weight on whether or not a young child resides at the premises.

(3)In this regulation —

“person with a disability” means a person who is able to produce a certificate given by ACROD Limited (Western Australian Division) (ACN 008445485), registered under the Corporations Act 2001 of the Commonwealth, certifying that the person has a disability that makes it difficult for the person to use a gate of the kind that would be required by these regulations in a swimming pool fence.

[Regulation 38C inserted in Gazette 14 Dec 2001 p. 6401.]

38D.Concessions for pre‑November 2001 pools

(1)This regulation applies to a swimming pool —

(a)installed before 5 November 2001; or

(b)installed on or after 5 November 2001 in accordance with plans, drawings and specifications submitted to the local government for approval before that day.

(2)Even though the pool is not one to which regulation 38B(2) applies, a person does not contravene regulation 38B(1) only because the area enclosed includes, as well as the pool and its immediate surrounds, any other part of the premises.

(3)The enclosure required by regulation 38B(1) may include a wall that contains a door permitting access through a building if that door satisfies the requirements of Australian Standard AS 1926.l.

[Regulation 38D inserted in Gazette 14 Dec 2001 p. 6401‑2.]

[38E.Repealed in Gazette 12 Nov 1993 p. 6153.]

38F.Maximum inspection charge

For the purposes of section 245A(8)(b) of the Act, the maximum charge is $55.

[Regulation 38F inserted in Gazette 26 Jun 1992 p. 2760; amended in Gazette 28 Jul 2000 p. 4014.]

38G.Transitional

Regulation 6(2) does not apply in relation to the requirements of this Part.

[Regulation 38G inserted in Gazette 26 Jun 1992 p. 2760.]

38H.Infringement notices

(1)The offence of failing to enclose a swimming pool as required by regulation 38B(1) is prescribed for the purposes of section 9.16(1) of the Act.

(2)The modified penalty that is to be specified in an infringement notice given for that offence is —

(a)if a notice under section 245A(5)(b) of the Act has been served, $200;

(b)if a notice under section 245A(5)(b) of the Act has not been served, $100.

[Regulation 38H inserted in Gazette 24 Jun 1996 p. 2863; amended in Gazette 20 Jun 1997 p. 2825; 14 Dec 2001 p. 6402.]

Part 11 — Miscellaneous

39.Loading notice plates to be posted on completion of certain buildings

(1)On completion of any Class 5, 6, 7 or 8 building and before occupation of any such building, any floor or part of a floor which has been designed to sustain a uniformly distributed live load exceeding 5kPa shall have a notice conspicuously and permanently posted adjacent thereto in the form hereunder indicating the actual loadings for which the floor or part of the floor has been structurally designed.

Designed Floor Loading

Distributed kg/m2

Concentrated kg

Design and position of notice plates

(2)The lettering of a notice posted pursuant to subregulation (1) shall be embossed or cast into a metal tablet not less than 230 mm square and located not less than 1 m above floor level.

[40.Repealed in Gazette 11 Nov 1994 p. 5707.]

[41.Repealed in Gazette 20 Jun 1997 p. 2825.]

42.Offences and penalties

Offences

(1)Where, by these regulations anything is directed, or forbidden, to be done, or authority is given to any person to direct, or forbid, anything to be done and that authority is exercised, any person failing or neglecting to do anything so directed, or doing anything so forbidden, commits an offence.

Penalties

(2)A person who commits an offence against these regulations is liable to the penalty expressly mentioned in relation to the offence, or, if no penalty is expressly mentioned, to a penalty not exceeding $5 000.

[Regulation 42 amended in Gazette 20 Jun 1997 p. 2825.]

[43.Omitted under the Reprints Act 1984 s. 7(4)(f).]

Schedule 1 — Forms

Form 1. Certificate of classification

Local Government (Miscellaneous Provisions) Act 1960, s. 374C

Building Regulations 1989, reg 20(1)

CERTIFICATE OF BUILDING

CLASSIFICATION

Local Government:

Building	Address	No.:	Street name:
		Suburb:		Postcode:
	Lot/location No.:

Classification	Storey or portion of building	Classification(s)

Chief

Executive

Officer

Name:

Signature:

Date:

[Form 1 inserted in Gazette 20 Jun 1997 p. 2826.]

Form 2. Application for building licence

Local Government (Miscellaneous Provisions) Act 1960, s. 374

Building Regulations 1989, reg. 10(2)

Building licence application

Property where building to be built	Street	No.:	Street name:
	address	Suburb:			Postcode:
	Lot/location No.:			Is lot free of improvements?: yes/no

Property owner(s) (attach separate page if more than 2)	Name:				Phone:
	Address:
	Name:				Phone:
	Address:

Details of work (tick box or boxes)	Type of building to be constructed: o Single dwelling o Patio o Swimming pool o Warehouse o Grouped dwelling o Outbuilding o Retaining wall o Office o Pergola o Factory o Shop o Other (specify):
	Estimated floor area of building (m2):
	Estimated value of construction work (including the GST): $

Applicant (if applicant is not builder)	Name:
	Address:
	Postal address:
	Phone (H):(W): (Mob):
	Fax:Email:
	Signature:				Date:


Applicant (if applicant is builder or owner builder)	Name:
	Address:
	Postal address:
	Phone (H):(W): (Mob):
	Fax:Email:
	Applicant’s registration number under the Builders’ Registration Act 1939:
	Contact name:
	Signature:				Date:

[Form 2 inserted in Gazette 30 Sep 2003 p. 4257‑8.]

Form 3. Application for demolition licence

Local Government (Miscellaneous Provisions) Act 1960, s. 374A

Building Regulations 1989, reg. 10(2)

APPLICATION FOR DEMOLITION LICENCE

(Office use)

Application no.:

__________

Local Government:

Building to be demolished	Address	No.:	Street name:
		Suburb:		Postcode:
	Lot/location No.:
	Certificate of Title		Volume:	Folio:
	To be demolished: o Whole of building o Part only of building. Give details:
	Type of construction (e.g. brick & tile):
	Number of storeys:
	Previous use or classification:

Owner	Name:
	Address:

Demolition contractor	Name:
	Address:
	Phone number:Fax number:

Applicant	Name:
	Address:
	Phone numbers (H):(W):
	Fax number:Email:
	Signature:			Date:

[Form 3 inserted in Gazette 20 Jun 1997 p. 2828.]

Form 4. Building licence

Local Government (Miscellaneous Provisions) Act 1960, s. 374

Building Regulations 1989, reg. 13(1)(d)

BUILDING LICENCE

Licence no.:

____________

Local Government:

Licensee	Name:
	Address:

Property where building to be built	Address	No.:	Street name:
		Suburb:		Postcode:
	Lot/location No.:
	Certificate of Title		Volume:	Folio:

Details of work	o New building Type of building (e.g.: residential, shop, factory, warehouse):
	o Alteration or addition to existing building Type of alteration or addition (e.g.: carport, bedroom, second storey, store room, office, toilet, games room):
The building work permitted by this licence — •must be carried out in accordance with the plans, drawings and specifications submitted with Application for Building Licence no. ; and •must be carried out in accordance with the conditions set out on the back of this licence. If the building work permitted by this licence is not substantially commenced within 12 months of the date of this licence, the licence will become void. The building has been assessed as being of Class(es)

Building surveyor	Name:
	Signature:			Date:

Note: The licensee must produce this licence and the approved plans, drawings and specifications whenever requested by the building surveyor.

Back of Form 4

CONDITIONS

This licence is subject to the following conditions.

If you are dissatisfied with these conditions you may apply to the State Administrative Tribunal for a review under section 374 of Local Government (Miscellaneous Provisions) Act 1960.

[Form 4 inserted in Gazette 20 Jun 1997 p. 2829-30; amended in Gazette 30 Dec 2004 p. 6949.]

Form 5. Special building licence

Local Government (Miscellaneous Provisions) Act 1960, s. 399(4)

Building Regulations 1989, reg. 13(1)(d)

SPECIAL BUILDING LICENCE

Licence no.:

____________

Local Government:

Licensee	Name:
	Address:

Property where building to be built	Address	No.:	Street name:
		Suburb:		Postcode:
	Lot/location No.:
	Certificate of Title		Volume:	Folio:

Details of work	o New building Type of building (e.g.: residence, shop, factory, warehouse):
	o Alteration or addition to existing building Type of alteration or addition (e.g.: carport, bedroom, second storey, store room, office, toilet, games room):
	o Temporary building Type of building (e.g.: marquee, grandstand, stage):
The building work permitted by this licence must be carried out in accordance with — •the plans, drawings and specifications submitted with Application for Building Licence no. ; and •the conditions set out on the back of this licence. The building has been assessed as being of Class(es)

Building surveyor	Name:
	Signature:				Date:

Note: The licensee must produce this licence and the approved plans, drawings and specifications whenever requested by the building surveyor.

Back of Form 5

CONDITIONS

This licence is subject to the following conditions.

If you are dissatisfied with these conditions you may apply to the State Administrative Tribunal for a review under section 399 of Local Government (Miscellaneous Provisions) Act 1960.

[Form 5 inserted in Gazette 20 Jun 1997 p. 2831-2; amended in Gazette 30 Dec 2004 p. 6949.]

Form 6. Licence to deposit building material on, or excavate near, a street

Local Government (Miscellaneous Provisions) Act 1960, s. 377

Building Regulations 1989, reg. 25

LICENCE TO DEPOSIT BUILDING MATERIAL ON, OR EXCAVATE NEAR, A STREET

Licence no.:

____________

Local Government:

Licensee	Name:
	Address:

Property where building to be built or excavation to be carried out	Address	No.:	Street name:
		Suburb:		Postcode:
	Lot/location No.:
	Certificate of Title		Volume:	Folio:

Details of deposit or excavation	o Deposit of building material on a street Type of material:____________________________________________________ Name of street:____________________________________________________ mPart of street (e.g.: outside No. 10): ______________________________________ ___________________________________________________________
	o Excavation near a street Reason for excavation: _____________________________________________ Name of street: _____________________________________________ Part of street likely to be affected (e.g.: outside No. 10): _______________________ ___________________________________________________________
	Period during which part of street may be enclosed: _____________________________ to ___________________________________
	Maximum area of the street which may be enclosed: Frontage:____________ m Width:____________ m Height:____________ m.
The deposit of building material or excavation permitted by this licence must be carried out in accordance with the conditions set out on the back of this licence.

Deposit	The local government acknowledges receipt of a deposit of $ __________ paid by the licensee under section 377(4) of the Act.

Building surveyor	Name:
	Signature:			Date:

Back of Form 6

CONDITIONS

This licence is subject to the following conditions.

1.Every excavation must be securely fenced off from the street to the satisfaction of the building surveyor.

2.When building materials are deposited on a street the licensee must install and maintain —

(a)hoardings around the deposited material;

(b)gangways to allow vehicular and pedestrian access along the street; and

(c)water channels to allow water to drain from the area,

which are constructed from materials, and to a design, approved by the building surveyor.

3.The licensee must ensure that the area around any excavation or deposited material is sufficiently lit during darkness to ensure the safety of persons using the street.

4.On or before the last day on which this licence permits the licensee to enclose part of the street, the licensee must —

•remove all hoardings, gangways, channelling, building material and debris from the street; and

•repair, to the satisfaction of the building surveyor, any damage caused to the street (including the road surface, kerbing and footpaths).

If you are dissatisfied with these conditions you may, within 14 days of the granting of this licence, apply to the State Administrative Tribunal for a review under section 377 of the Local Government (Miscellaneous Provisions) Act 1960.

[Form 6 inserted in Gazette 20 Jun 1997 p. 2833-4; amended in Gazette 30 Dec 2004 p. 6950.]

Form 7. Demolition licence

Local Government (Miscellaneous Provisions) Act 1960, s. 374A Building Regulations 1989, regs. 13(2) and 30 DEMOLITION LICENCE					Licence no.: __________

Local Government:

Licensee	Name:
	Address:

Demolition contractor:

Building to be demolished	Address	No.:	Street name:
		Suburb:		Postcode:
	Lot/location No.:
	Certificate of Title		Volume:	Folio:
	To be demolished: o Whole of building o Part only of building. Details:
	Type of construction (e.g. brick & tile):
	Number of storeys:
	Previous use or classification:
The demolition work permitted by this licence must be — •carried out in accordance with the details set out in Application for Demolition Licence no. ; •carried out in accordance with the conditions set out on the back of this licence; and •commenced within 12 months of the date of this licence.

Building surveyor	Name:
	Signature:			Date:

Back of Form 7

CONDITIONS

This licence is subject to the following conditions.

If you are dissatisfied with these conditions you may be able to apply to the State Administrative Tribunal for a review under section 374A of Local Government (Miscellaneous Provisions) Act 1960.

[Form 7 inserted in Gazette 20 Jun 1997 p. 2835-6; amended in Gazette 30 Dec 2004 p. 6950.]

Schedule 2 — Application

[r. 2A]

Column 1	Column 2	Column 3	Column 4
District	Class 10 Buildings	Part 10	Rest of regulations
Albany	Whole district	Whole district	Whole district
Armadale	Whole district	Whole district	Whole district
Augusta‑ Margaret River	Whole district	Whole district	Whole district
Bassendean	Whole district	Whole district	Whole district
Bayswater	Whole district	Whole district	Whole district
Belmont	Whole district	Whole district	Whole district
Beverley	Whole district	Whole district	Whole district
Bridgetown‑ Greenbushes	Whole district	Whole district	Whole district
Brookton	Whole district	Whole district	Whole district
Broome	Whole district	All townsites	Whole district
Broomehill	All townsites and area described in Note 1	All townsites	Whole district
Bruce Rock	All townsites	All townsites	Whole district
Bunbury	Whole district	Whole district	Whole district
Busselton	Whole district	Whole district	Whole district
Cambridge	Whole district	Whole district	Whole district
Canning	Whole district	Whole district	Whole district
Capel	Whole district	Whole district	Whole district
Carnamah	All townsites	All townsites	Whole district
Carnarvon	Whole district except Gascoyne‑Minilya Ward	Whole district	Whole district
Claremont	Whole district	Whole district	Whole district
Cockburn	Whole district	Whole district	Whole district
Collie	Whole district	Whole district	Whole district
Coorow	All townsites	Whole district	Whole district
Corrigin	Townsite of Corrigin	All townsites	Whole district
Cottesloe	Whole district	Whole district	Whole district
Cranbrook	All townsites	All townsites	Whole district
Cuballing	Whole district	All townsites	Whole district
Cue	All townsites	All townsites	Whole district
Cunderdin	All townsites	All townsites	Whole district
Dalwallinu	All townsites	All townsites	Whole district
Dandaragan	All townsites	All townsites	Whole district
Dardanup	Whole district	Whole district	Whole district
Denmark	Whole district	All townsites	Whole district
Derby‑West Kimberley	All townsites	Whole district	Whole district
Dowerin	All townsites	All townsites	Whole district
Dumbleyung	Townsites of Dumbleyung, Kukerin	Whole district	Whole district
East Fremantle	Whole district	Whole district	Whole district
Esperance	All townsites	All townsites	Whole district
Fremantle	Whole district	Whole district	Whole district
Geraldton	Whole district	Whole district	Whole district
Gnowangerup	All townsites	All townsites	Whole district
Gosnells	Whole district	Whole district	Whole district
Greenough	Whole district	Whole district	Whole district
Hall’s Creek	Whole district	All townsites and area subject to Halls Creek Town Planning Scheme	Whole district
Harvey	Whole district	All townsites and area zoned Special Residential or Special Rural by Shire of Harvey Town Planning Scheme	Whole district
Jerramungup	Whole district except areas zoned rural by a town planning scheme	Whole district except areas zoned rural by a town planning scheme	Whole district
Joondalup	Whole district	Whole district	Whole district
Kalamunda	Whole district	Whole district	Whole district
Kalgoorlie‑ Boulder	Whole district	Whole district	Whole district
Katanning	Whole district	Whole district	Whole district
Kellerberrin	Townsites of Kellerberrin, Doodlakine and Baandee	Townsites of Kellerberrin, Doodlakine and Baandee	Whole district
Kent	Townsites of Nyabing, Pingrup	Townsites of Nyabing, Pingrup	Townsites of Nyabing, Pingrup
Kojonup	All townsites	All townsites	Whole district
Koorda	All townsites and Avon location 16386	Whole district	Whole district
Kwinana	Whole district	Whole district	Whole district
Lake Grace	All townsites	All townsites	Whole district
Laverton	All townsites	All townsites	All townsites
Leonora	All townsites	All townsites	Whole district
Mandurah	Whole district	Whole district	Whole district
Manjimup	Whole district	Whole district	Whole district
Meekatharra	All townsites	All townsites	All townsites
Melville	Whole district	Whole district	Whole district
Menzies	All townsites	All townsites	All townsites
Merredin	Townsites of Burracoppin, Hines Hill, Korbel, Merredin, Muntadgin, Nangeenan, Nokaning, Nukarni	Townsites of Burracoppin, Hines Hill, Korbel, Merredin, Muntadgin, Nangeenan, Nokaning, Nukarni	Whole district
Mingenew	All townsites	Whole district	Whole district
Moora	All townsites	All townsites	Whole district
Morawa	All townsites	All townsites	Whole district
Mosman Park	Whole district	Whole district	Whole district
Mt Marshall	All townsites	All townsites	Whole district
Mt Magnet	All townsites	All townsites	All townsites
Mukinbudin	All townsites	All townsites	Whole district
Mullewa	All townsites	All townsites	Whole district
Mundaring	Whole district	Whole district	Whole district
Murchison	None	None	None
Murray	Whole district except areas zoned rural by local laws or a town planning scheme	Whole district	Whole district
Narembeen	All townsites	All townsites	Whole district
Narrogin (Shire)	Whole district except areas zoned for farming purposes by a town planning scheme	All townsites	Whole district
Narrogin (Town)	Whole district	Whole district	Whole District
Nedlands	Whole district	Whole district	Whole district
Northam (Town)	Whole district	Whole district	Whole district
Northam (Shire)	Whole district	Whole district	Whole district
Northampton	Whole district	Whole district	Whole district
Nungarin	All townsites	All townsites	Whole district
Peppermint Grove	Whole district	Whole district	Whole district
Perenjori	All townsites and areas subject to town planning schemes	All townsites	Whole district
Perth	Whole district	Whole district	Whole district
Plantagenet	All townsites	Whole district	Whole district
Port Hedland	All townsites	All townsites	Whole district
Quairading	All townsites	Whole district	Whole district
Ravensthorpe	Whole district except areas zoned general agricultural by a town planning scheme	Whole district except areas zoned general agricultural by a town planning scheme	Whole district
Rockingham	Whole district	Whole district	Whole district
Sandstone	All townsites in Sandstone Ward	Sandstone Ward	Sandstone Ward
Serpentine‑ Jarrahdale	Whole district	Whole district	Whole district
South Perth	Whole district	Whole district	Whole district
Stirling	Whole district	Whole district	Whole district
Subiaco	Whole district	Whole district	Whole district
Swan	Whole district	Whole district	Whole district
Tammin	Townsite of Tammin	Townsite of Tammin	Townsite of Tammin
Three Springs	All townsites	All townsites	Whole district
Trayning	Townsites of Trayning, Kununoppin, Yelbeni	Townsites of Trayning, Kununoppin, Yelbeni	Townsites of Trayning, Kununoppin, Yelbeni
Victoria Park	Whole district	Whole district	Whole district
Victoria Plains	Whole district	All townsites	Whole district
Vincent	Whole district	Whole district	Whole district
Wagin	All townsites in Town Ward or Williams loc. 440, 507, 545, 618, 945, 1165 or 5330	Whole district	Whole district
Wandering	Townsite of Wandering and areas zoned rural residential by local laws or a town planning scheme	Whole district	Whole district
Wanneroo	Whole district	Whole district	Whole district
Waroona	Whole district	Whole district	Whole district
West Arthur	All townsites	All townsites	Whole district
Wickepin	All townsites	All townsites	Whole district
Williams	All townsites	All townsites	Whole district
Wiluna	Townsite of Wiluna	Townsite of Wiluna	Townsite of Wiluna
Wongan‑ Ballidu	Townsites of Wongan Hills, Ballidu, Cadoux, Kondut, Burakin	Townsites of Wongan Hills, Ballidu, Cadoux, Kondut, Burakin	Townsites of Wongan Hills, Ballidu, Cadoux, Kondut, Burakin
Woodanilling	Townsite of Woodanilling	Whole district	Whole district
Wyalkatchem	Whole district	Whole district	Whole district
Wyndham‑ East Kimberley	Whole district	Whole district	Whole district
Yalgoo	All townsites	All townsites	Whole district
Yilgarn	All townsites	All townsites	All townsites
York	Whole district	Whole district	Whole district
All other districts	Whole district	All townsites	Whole district

Note 1 — Broomehill

(a)Broomehill Suburban Lots 362, 363, 372 to 423, 427 to 432, 438, 445, 446, 603 to 605, 609 and 610.

(b)Lot 17 to 24 being portion of Kojonup Location 256.

(c)Kojonup Location 1671.

(d)Reserves 8163, 10285, 10431 and 17230.

[Schedule 2 inserted in Gazette 5 Apr 2002 p. 1827‑32; amended in Gazette 4 Apr 2003 p. 1026‑7; 13 Aug 2004 p. 3251.]

Notes

1This is a compilation of the Building Regulations 1989 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.

Compilation table

Citation	Gazettal	Commencement
Building Regulations 1989	28 Jul 1989 p. 2261‑93	28 Jul 1989 (see r. 2)
Building Amendment Regulations 1991	11 Jan 1991 p. 58‑9	11 Jan 1991
Building Amendment Regulations (No. 2) 1991	12 Apr 1991 p. 1638	12 Apr 1991 (see r. 2)
Building Amendment Regulations (No. 3) 1991	31 May 1991 p. 2682‑3	31 May 1991
Building Amendment Regulations (No. 4) 1991	12 Jul 1991 p. 3457‑8 (erratum 19 Jul 1991 p. 3625)	1 Aug 1991 (see r. 2)
Building Amendment Regulations 1992	26 Jun 1992 p. 2757‑60	1 Jul 1992 (see r. 2)
Building Amendment Regulations 1993	12 Nov 1993 p. 6151‑3	12 Nov 1993
Building Amendment Regulations 1994	11 Nov 1994 p. 5706‑7	11 Nov 1994
Building Amendment Regulations 1995	23 Jun 1995 p. 2442‑3	23 Jun 1995
Reprint of the Building Regulations 1989 as at 22 Nov 1995 (includes amendments listed above)
Building Amendment Regulations 1996	24 Jun 1996 p. 2863	1 Jul 1996 (see r. 2)
Building Amendment Regulations 1997	20 Jun 1997 p. 2821‑36	1 Jul 1997 (see r. 2)
Building Amendment Regulations (No. 2) 1997	20 Jun 1997 p. 2837	1 Jul 1997 (see r. 2)
Reprint of the Building Regulations 1989 as at 18 Jul 1997 (includes amendments listed above)
Building Amendment Regulations 1998	8 May 1998 p. 2369‑73	8 May 1998
Building Amendment Regulations (No. 2) 1998	19 Jun 1998 p. 3282‑6	19 Jun 1998
Building Amendment Regulations 1999	12 Feb 1999 p. 479‑85	12 Feb 1999
Building Amendment Regulations (No. 2) 1999	24 Sep 1999 p. 4666‑7	24 Sep 1999
Building Amendment Regulations 2000	28 Jul 2000 p. 4013‑14	28 Jul 2000
Reprint of the Building Regulations 1989 as at 2 Mar 2001 (includes amendments listed above)
Building Amendment Regulations 2001	19 Oct 2001 p. 5609‑12	5 Nov 2001 (see r. 2)
Building Amendment Regulations (No. 2) 2001 3	14 Dec 2001 p. 6399‑402	18 Mar 2002 (see r. 2)
Building Amendment Regulations 2002 4	5 Apr 2002 p. 1826‑32	5 Apr 2002
Building Amendment Regulations 2003	4 Apr 2003 p. 1026‑7	4 Apr 2003
Building Amendment Regulations (No. 2) 2003	30 Sep 2003 p. 4256‑8	30 Sep 2003
Building Amendment Regulations 2004	13 Aug 2004 p. 3250‑1	13 Aug 2004
Building Amendment Regulations (No. 2) 2004	30 Dec 2004 p. 6949‑50	1 Jan 2005 (see r. 2 and Gazette 31 Dec 2004 p. 7130)
Reprint 4: The Building Regulations 1989 as at 11 Mar 2005 (includes amendments listed above)
Building Amendment Regulations 2005	16 Dec 2005 p. 6078-9	16 Dec 2005
Electricity Corporations (Consequential Amendments) Regulations 2006 r. 68	31 Mar 2006 p. 1299‑57	1 Apr 2006 (see r. 2)

2Repealed on 1 July 1999 by No. 59 of 1997 s. 3 (Cwlth). Now see the Telecommunications Act 1997 (Cwlth).

3The Building Amendment Regulations (No. 2) 2001 r. 7 reads as follows:

“

7.Transitional

(1)In this regulation —

“access through a building not of Class 10a” means access between the area within an enclosure and a part of a building, other than a Class 10a building under the Building Code, to which there is direct or indirect access from outside the enclosure;

“pre‑July 1992 pool” means a swimming pool that —

(a)was installed before 1 July 1992; or

(b)was installed on or after 1 July 1992 in accordance with plans, drawings and specifications that were submitted to the local government for approval before that day;

“transitional period” means the period beginning on the day on which these regulations come into operation and —

(a)unless paragraph (b) applies, ending on 17 December 2006; or

(b)if the swimming pool is on premises sold within the period referred to in paragraph (a), ending on the day 3 months after the settlement day for that sale.

(2)During the transitional period an enclosure for a pre‑July 1992 pool may, for the purposes of regulation 38B(1) of the Building Regulations 1989, include a wall containing a door or window permitting access through a building not of Class 10a even though —

(a)the door or window may not satisfy the requirements of Australian Standard AS 1926.1; and

(b)the door may not have been approved by the local government.

(3)If a swimming pool was installed before 28 July 1989, during the transitional period a gate in its enclosure may open in any direction.

”.

4The Building Amendment Regulations 2002 r. 5 reads as follows:

“

5.Transitional

(1)In this regulation —

“pre‑July 1992 pool” means a swimming pool that —

(a)was installed before 1 July 1992; or

(b)was installed on or after 1 July 1992 in accordance with plans, drawings and specifications that were submitted to the local government for approval before that day;

“transitional period” means the period beginning on the day on which these regulations come into operation and —

(a)unless paragraph (b) applies, ending on 17 December 2006; or

(b)if the swimming pool is on premises sold within the period referred to in paragraph (a), ending on the day 3 months after the settlement day for that sale.

(2)During the transitional period, despite regulation 38B(3) of the Building Regulations 1989 a building may be included within the area enclosed for a pre‑July 1992 pool even though —

(a)the building is not a Class 10a building under the Building Code; and

(b)any external door or window in the building does not satisfy the requirements of Australian Standard AS 1926.1.

”.