A Building Approval (a development permit) is needed if a development for “carrying out building work” is categorised as any of the following
- code assessable development
- impact assessable development
A quick indication of which category of development applies to a particular type of development can be determined by having regard to the regulation made under the Building Act 1975 (the Building Act).
To accurately determine which category of a development applies, it is necessary to have regard to:
- Schedule 1 (prohibited development) of the Planning Act
- Regulations made under the Planning Act and Building Act
- Any applicable State planning regulatory provisions
- Local planning schemes
- Any applicable temporary local planning instruments; and
- Preliminary approvals that affect the planning scheme under section 242 of the Act
If the development also requires a Planning Approval, then the Planning Approval must be given before the Building Approval. Where a development permit is not necessary for self-assessable developments, the type of development must comply with any applicable codes.
For self-assessable building works, the owner is responsible for ensuring compliance with the relevant standards, such as structural sufficiency, size limits, boundary setbacks and manufacturing specification. Some minor building works (whether exempt or self-assessable) may still require approval under Council Planning Schemes, and again, the owners are responsible for complying with the requirements of the Planning Scheme.