Primary Building Issues
Primary building issues include all the topics that may effect your building project:
- Fencing Approval/Issues with Neighbours
Find out about the heights and materials that dividing fences can be.
- Private Swimming Pools and Spas
You will need a Building Licence before you start construction of a swimming pool.
- Soakwells
Draining water successfully on your property is extremely important.
- Retaining Walls on blocks
Find out the regulations and requirements of building a retaining wall.
- Energy Efficiency / Insulation
If you are building a new house make sure it complies with the Energy Efficiency regulations.
- Caravan Parks and Camping Grounds
If you are living in a Caravan Park you will need permission to build a pergola area off your caravan.
- Existing Subdivision Retaining Walls
Find out who is responsible for existing retaining walls on a new block of land.
- Vacant Block Fill Levels and Fill Material
Have you ever seen a sign on a vacant block saying "Clean Fill Only"? If so, this is not recommended, find out why.
A Dividing Fence is defined as a fence situated on or about the boundary separating two lots. The City defines a "sufficient fence" for the purposes of the Dividing Fences Act by detailing the following:
- Fencing materials
- Heights of fences
In residential, commercial and rural lots, however the City has no jurisdiction on the Dividing Fences Act.
The State Government Department of Housing & Works provides advice for fencing under the Dividing Fences Act, primarily relating to the cost, contributions and seeking agreement about type, height, design and location of fencing and to choose the contractor to erect the fence.
The Department of Housing & Works web address is http://www.dhw.wa.gov.au for further information phone (08) 9222 4666 or Toll Free 1800 093 325.
General advice on fencing, the City's Local Law on Fencing and the Department of Housing and Works Dividing Fences "Rights and Responsibilities" pamphlet can be, for convenience, obtained from the City's Administration Centre, Civic Boulevard, Rockingham.
Swimming pools and spas require a Building Licence prior to works commencing. State Government statutes require the Local Government to undertake at least one inspection within a four year period of all private swimming pools and spas in its district to ensure that suitable barriers are in place to restrict access by young children (aged 0 - 5 years) and protect against immersion incidents.
Swimming pools installed prior to 1992 are required to have more stringent safety barriers by December 2006 or if the premises is sold, within 3 months from the date of that sale.
Please contact the Building Services to book an inspection or seek advice.
Inflatable pools require a Building Licence and safety barrier if they are capable of being filled to a depth greater than 300mm. It is always important to supervise "young children" when near water.
For more information: http://www.poolsafety.com.au/
Soakwells for the disposal of stormwater runoff (roof water or surface water) need to be constructed such that the distance from all buildings and boundaries must be not less than the depth of the soakwell (measured from ground level).
All stormwater is required to be disposed of within the confines of the subject lot without detriment to any adjoining land.
With the smaller lots the location of soakwells needs to be considered carefully to obtain the necessary clearances. Often this will mean locating them in the front or back yards of the property.
A retaining wall is required to be provided when a lot owner changes the level of the ground on or near the boundary and that level change affects the adjoining lot. The person who changes the level is required to provide a retaining wall of a size and construction within their lot that is suitable for the intended purpose. For example should there be a building adjacent, then the erection of the retaining wall should not compromise the stability of that building before, during or after the works are finished.
A practising structural engineer may be required to certify the type and design of the retaining wall and its particular location.
You should also be aware that:
- Retaining walls are required to be constructed wholly within the subject lot and not trespass the boundary (even for thickenings or footings) as issues relating to maintenance and ownership may result.
- Consideration of the design and type of retaining wall to be constructed adjacent to boundaries may depend on the type of dividing fencing proposed - mass limestone (or similar retaining walls) may not have sufficient space to allow a Hardifence (or similar) to be placed in the ground behind the retaining wall. Colorbond type fences may require posts to be drilled into the stones of the retaining wall, the retaining wall needs to be constructed to allow for this and the effect the wind loading on the dividing fence may have.
- All retaining walls greater in height than 450mm requires the issue of a Building Licence prior to works commencing.
- Vegetation may have a detrimental effect on retaining walls. Palms and large trees may, over time, grow and push against retaining walls. Select vegetation/plantings that are appropriate for the situation.
- A retaining wall specification information sheet is available for download.
Energy Efficiency measures introduced in July 2003 made it a requirement for all new dwellings and additions to have measures taken to make the use of heating and cooling the dwellings more effective by:
- Installation of insulation in the roof space
- Having the "R" (insulation) rating of walls meet a predetermined level
- Providing breeze paths for ventilation
Each year, as the Building Code is upgraded, the Energy Efficiency measures will become more important.
The Caravan Park and Camping Grounds Act and Regulations came into effect on 1st July 1997, to regulate standards of park design, health, traffic, fire and safety and other such issues to safeguard users and improve park conditions.
The City is required to undertake at least one inspection every year of all park structures and supporting facilities to ensure compliance with the Act and Regulations and to grant a licence for its operation.
Approvals are also required prior to the erection or placement of park homes, verandahs, carports, pergolas and sheds (amongst other things).
These retaining walls are constructed, generally speaking, wholly within the confines of the "high side lot". They become the responsibility of the owner of that lot to maintain. Adding courses or fill greater than its design limit may cause the retaining wall to fail. Do not raise the level of the retaining wall unless with the specific approval from the City's Building Services.
The lot owner on the low side is to note that the removal of any soil (foundation material) from the toe of the retaining wall may render the retaining wall unsafe. Do not remove soil from the base of the retaining wall unless with the specific approval from the City's Building Services or from an appropriately qualified Engineer.
For the requirements of development that may undermine existing buildings on adjoining allotments see Section 391 of The Local Government (Miscellaneous Provisions) Act 1960.
Any cutting or filling of lots, vacant or otherwise, requires the matter to be determined under a Building Licence Application and for broad acres sites, via a subdivision application to the City's Planning Services.
The impact on the adjoining lots, the appropriateness of the proposed retaining wall and fill material needs to be assessed.
Placing signs seeking "Clean Fill" is not acceptable; the material frequently placed is neither of a quality nor compaction suitable for building upon. The "fill" may then be required to be removed, the natural ground prepared by the removal of deleterious material and "clean sand" placed. An expensive fix. Contact Building Services for information relating to the particular situation.
