Building
The Tasmanian Building Framework
The Building Act 2016 and the Building Regulations 2016 govern building work in the West Tamar Council area.
Construction requirements are outlined in the National Construction Code – Building Code of Australia volumes 1 and 2 available from the Australian Building Codes Board website (a free login is required to access the building code).
A number of Director’s Determinations may also apply dependent on any specific site constraints e.g. bushfire and landslip and are available from the Consumer, Building and Occupational Services website.
There are four categories of work which means you may not require a building permit.
The categories of work are listed in the Director’s Determination – Categories of Building Work available from the CBOS website here.
Please note: there are a number of standard limitations on low risk (work which doesn’t require approval by a building surveyor) and all relevant standard limitations must be met in order for works to be considered low risk. For example, a 1m-high retaining wall is not low risk work where it is located in an easement or on land located in a landslide hazard band.
It is always recommended that you contact Council’s Building Team on 6323 9315 before you commence a project to ensure that you have selected the right category of building work. Failure to correctly identify the category of work can result in costly retrospective approval processes, infringement fines and/or the need to demolish work.
You must consult with Council as to whether you require a Planning Permit before commencing or applying for any building work. All building work also requires council's Plumbing Department to assess for any further requirements.
Categories of Building Work*
Category 1 – Low Risk Work (no permit required)
Low Risk Building work which can be done by an owner, or competent person, or licensed builder (unless noted otherwise in the determination). All criteria must be met for the work to be in this category and if met, no permit is required. Details of some low risk work (as outlined in the determination) must be submitted to Council along with a Form 80 once the work has been completed.
Category 2 – Low Risk Work (no permit required)
Low Risk Building which must be done by a licensed Builder (or a competent person only where specified in the determination). All criteria must be met for the work to be in this category and if met, no permit is required. Details of some low risk work(as outlined in the determination) must be submitted to Council along with a Form 80
once the work has been completed.
We recommend a Form 80 is submitted to Council upon completion of any Category 1 & 2 work with documents of the work and a site plan attached.
Category 3 – Notifiable Works (approval to be obtained from a licenced building surveyor)
NOTIFIABLE WORKS. Can only be undertaken by a licensed builder/demolisher under the authorisation of a Building Surveyor. An application is required to be made to a licenced Building Surveyor for assessment and issue of a Certificate of Likely Compliance and then notified to the Permit Authority (Council) by the Building Surveyor. More information on what may be required for your application can be found here.
Category 4 – Permit Works (All other work outside of category 1, 2 or 3)
All work that doesn’t fit under categories 1, 2 and 3. An application is required to be made to a licenced Building Surveyor licenced building surveyor for assessment and issue of a Certificate of Likely Compliance and then submitted to the Permit Authority (Council) by the Building Surveyor for a building permit to be issued. More information on what may be required for your application can be found here.
*State Government Fees are payable on all work over $20,000 regardless of building work category. Payment of fees are collected by the Permit Authority.
Expiry of Notifiable Works Certificates and Building Permits
Unless notifiable works and permits are extended prior to their expiry date, they will expire and can only be completed or extended if they fall under Special Circumstances. Further information on what is considered to be a Special Circumstance can be found here on the CBOS website. If Special Circumstances cannot be demonstrated a new certificate/permit will be required for the works.
Owner Builders
Owner builder requirements have also changed and information and CBOS have provided a factsheet here. More specific details can be found in the licensing determination here on the CBOS website.
Hazards
Council is now operating under the Tasmanian Planning Scheme and as such a number of hazards are now called into the building framework and are required to be addressed as part of the building work. Please note that a hazardous area overlay on a property can change the category of building work and work that otherwise would be considered low risk may be elevated to permit work and require additional reports to be submitted to and assessed by the building surveyor.
The director’s determinations outline these requirements and are available from the CBOS website. Please see ListMap to determine whether any hazards affect the property.
Hazards that may impact on the building work include:
- land that is prone to bushfire, landslip or flooding;
- land that is subject to slope instability;
- land that is subject to erosion or coastal inundation;
- land that is subject to sea level rises or storm surges;
- land that is contaminated, filthy or undrainable;
- land that has any prescribed attributes or is prone to any prescribed risks.
Viewing Plans
If you wish to view the plans relating to a property this can be done at our Riverside office. In order to do this, you must provide the following:
- proof of ownership or written permission from the owner of the property
- verified identification of the applicant
- if authorised a copy of plans can be purchased with the payment of an applicable fee
Written permission from the owner is able to be provided using the Permission to View Plans form.
PlanBuild
PlanBuild is Tasmania’s enquiry portal for Planning, Building, Plumbing, Public and Environmental Health. The enquiry tool on the website may assist in determining what applications and requirements affect development on your property. It is available here and can provide answers to specific types of development on your property and assist to answer many of the questions you may have about development on your property.