Finalising a building approval/building permit

The ability to finalise a building approval is dependent on the status of that approval.

An approval can be finalised provided it is still in effect (i.e. it has not lapsed, as described below). It is important to note that a lapsed approval has no effect and in such instances an entirely new approval is to be obtained.

Status of building approval

Council is required to maintain the records (approval and inspection documentation) relating to all building approvals issued within its regional boundaries, including those issued by private building certifiers. Council will update the status of the approval upon receipt of the documentation provided by private building certifiers.

Customers wishing to determine the status of their building approvals should contact council.

The following describes each status used by council and should be read in conjunction with TABLE - A.

Status – “Not Finalised”

This means the approval is still in effect (i.e. the work substantially started within the currency period and the private building certifier has not formerly lapsed the approval).

When an approval is issued it will usually nominate a currency period. The currency period normally takes into account the scale and degree of the building work to be performed.

An approval should be finalised (work completed and inspected) before the currency period expires. The approval does however remain in effect and can be finalised despite the currency period expiring, provided the private building certifier has not formerly lapsed the approval.

Status – “Lapsed”

A building approval lapses when:

a)The building work did not substantially start within the currency period nominated within the approval
OR

b)The building approval was issued by a private building certifier after 1 September 2006; and a currency period was nominated within the approval; and the work was not completed within the currency period; and the certifier lapsed the approval in accordance with the formal process prescribed in legislation, which is as follows:

  • A reminder notice is to be issuedby the private building certifier no more than 6 months, but at least 3 months before the lapsing time; and
  • The notice must state the applicable approval condition; and the lapsing time; and that the approval will lapse unless completed by the lapsing time.

If the process as mentioned above is enacted, the approval will lapse when the lapsing time chosen by the private building certifier and stated in the reminder notice has passed, and the building work being the subject of the approval was not completed before thelapsing time.

In some instances the approval was never issued and it was the application that had lapsed. This is typically the case when there was insufficient documentation submitted with the application and it could not be properly assessed. Consequently, further information was requested and it was not forthcoming within the prescribed time frame.

Status – “Discontinuance of engagement”

Any party to an engagement of a private certifier (i.e. applicant, building owner or private certifier) may discontinue that engagement. The discontinuance does not take effect until all other parties to the engagement have been given notice in the approved form (Form 22 – Notice of discontinuance of engagement).

When the engagement of the private building certifier has been discontinued, the approval does still remain in effect and a replacement certifier can be engaged(i.e. another private building certifier or council).

Status –“Finalised”

Council’s records will be updated to indicate that an approval is finalised upon receipt of all the required documents and certificates and in particular the following:

  • Form 11 – Certificate/interim certificate of classification for commercial or industrial buildings (i.e. class 2 – 9 buildings); or
  • Form 17 – Final inspection certificate for swimming pool/pool fence (i.e. class 10b structure); or
  • Form 21 – Final inspection certificate for a domestic building/structure (i.e. class 1a, 1b or 10a building and 10b structure other than a swimming pool/pool fence).

TABLE - A

Status / Process to finalise building approval
Not Finalised # NOTE 1 / For privately certified approvals – you will need to consult with the private building certifier who issued the approval.
For council approvals – you will need to complete the “Statutory application (building work) Request to finalise a building approval”and pay the relevant fee.
Lapsed / The approval has lapsed and cannot be finalised. You will need to lodge a new building application with a private building certifier.
Discontinuance of engagement / This approval may be finalised by engaging a replacement certifier (i.e. another private building certifier or council). To engage council you will need to complete the “Statutory application (building work) Request to finalise a building approval”and pay the relevant fee. Alternatively, you will need to consult with another private building certifier about finalising the approval.
Finalised / The building approval has been finalised. You do not need to take any further action.

NOTE 1– In some instances the private building certifier who originally issued the approval has ceased to operate a building certification business. The approval can be finalised by engaging a replacement certifier (i.e. another private building certifier or council). To engage council you will need to complete the “Statutory application (building work) Request to finalise a building approval”and pay the relevant fee.

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