Western Australian Current Acts Western Australian Current Acts (1) A permit authority
to which a certified application or an uncertified application is made must
grant the building permit if it is satisfied —
(a) that
the applicant has complied with section 16; and
(b) that
the person mentioned in section 16(c) —
(i)
is a building service contractor who is entitled under
the Registration Act section 11 to be named as the builder on the building
permit; or
(ii)
has owner-builder approval under the Registration Act to
carry out that work; or
(iiia)
is a public authority as defined in the Registration Act section 3; or
(iii)
is a person or in a class of persons prescribed for the
purposes of the Registration Act section 7(2)(c) who may be named as the
builder on the building permit,
unless the building
work is of a kind specified by the regulations; and
(c) that
a certificate of design compliance for the building or incidental structure
that is the subject of the application complies with section 19; and
(d) that
the building surveyor who signed the certificate of design compliance —
(i)
is entitled under the Registration Act to sign
certificates of design compliance for buildings or incidental structures of
the kind that is the subject of the application; and
(ii)
is an independent building surveyor in relation to the
application;
and
(e) that
the certificate of design compliance is issued by a person who —
(i)
is a building service contractor who is entitled under
the Registration Act section 11 to issue the certificate; or
(iia) is
a public authority as defined in the Registration Act section 3; or
(ii)
is a person or in a class of persons prescribed for the
purposes of the Registration Act section 7(2)(c) who may issue the
certificate;
and
(f) that
each technical certificate mentioned in section 16(i) is —
(i)
signed by a person prescribed as a person who may sign
the certificate; and
(ii)
issued by a person prescribed as a person who may issue
the certificate;
and
(g) if a
part of a building or incidental structure is proposed to be placed beyond the
boundaries of the land on which the building work is proposed to be done, that
there is compliance with section 76; and
(h) if
the building work may adversely affect land beyond the boundaries of the land
on which the work is proposed to be done, that there is compliance with
section 77; and
(i)
that either —
(i)
a policy of insurance is in force in respect of the
building work under the Home Building Contracts Act 1991 Part 3A Division 2;
or
(ii)
corresponding cover, as defined in the
Home Building Contracts Act 1991 section 25A, is provided in respect of the
building work; or
(iii)
the policy of insurance mentioned in subparagraph (i) or
the cover mentioned in subparagraph (ii) is not required under the Home
Building Contracts Act 1991 in respect of the building work;
and
(j) that
the applicant satisfies any other insurance requirements prescribed by
regulation or under any other written law in respect of the building work; and
(k) that
any building services levy required to be paid in respect of the building
permit under regulations mentioned in the Building Services (Complaint
Resolution and Administration) Act 2011 Part 7 Division 2 has been paid; and
(l) if a
levy is imposed by the Building and Construction Industry Training Levy Act
1990 in respect of the building work, that the levy has been paid; and
(m) that
the permit authority has complied with the provisions of the Heritage Act 2018
in relation to the application and that granting the building permit would not
be inconsistent with an order, agreement or permit under that Act except to
the extent allowed by that Act; and
(n) that
the applicant has obtained in relation to the building work each authority
under a written law that is prescribed for the purposes of this paragraph; and
(o) that
the applicant has complied or is complying with each authority mentioned in
paragraph (n); and
(p) that
the applicant, in relation to the building work, has complied or is complying
with each provision of a written law that is prescribed for the purposes of
this paragraph; and
(q) that
the applicant, in relation to the building work, has complied or is complying
with each provision of a local government policy or requirement, not being a
written law, that is prescribed for the purposes of this paragraph; and
(r) that
each notification that is prescribed for the purposes of this paragraph to be
given in relation to the building work has been given; and
(s) that
the applicant has complied with each other prescribed requirement for the
granting of a building permit on the application.
(2) A permit authority
to which an application is made must not grant the building permit unless it
is satisfied as to each of the matters mentioned in subsection (1)(a) to (s).
[Section 20 amended: No. 37 of 2012 s. 7; No. 22
of 2018 s. 183(2).]