Building Act 2011 (WA): the building control framework
The Building Act 2011 is WA's building control law: building permits, certificates of design compliance, occupancy permits, and the certified vs uncertified paths.
Ask Chalkline about this →The Building Act 2011 (WA) is the Western Australian law that controls building and demolition work: it sets up the building-permit system, the role of registered building surveyors, the compliance certificates, and the enforcement powers. It is the framework a WA builder works under, residential and commercial, and it is administered by Building and Energy, the building and energy-safety regulator within the WA Department of Energy, Mines, Industry Regulation and Safety (formerly DMIRS) (verified 2026-05-25).
What it sets up
- Building permits and demolition permits: you cannot lawfully start building or demolition work without the relevant permit from the permit authority (usually the local government).
- Compliance certificates: the Certificate of Design Compliance (CDC) and the Certificate of Construction Compliance (CCC), which certify the design and the completed work.
- Occupancy permits: required to occupy or use a Class 2 to 9 building; Class 1 and 10 buildings instead use a notice of completion / building approval certificate.
- Building surveyors: the Act relies on registered building surveyors, who are registered separately under the Building Services (Registration) Act 2011 and overseen by the Building Services Board (see WA building services licensing).
- Enforcement: building orders, infringements, and the powers to deal with non-compliant or dangerous work.
Certified vs uncertified (the WA-specific part)
The feature that catches builders new to WA is the two application paths for a building permit:
- Certified application: lodged with a Certificate of Design Compliance signed by an independent (private) registered building surveyor. Available for any class of building, and the permit authority must decide within 10 business days. This is the fast, certain path, and the standard route for anything beyond a simple house.
- Uncertified application: lodged without a private surveyor’s CDC; the permit authority arranges the certification itself. Available only for single residential (Class 1) buildings and associated Class 10 non-habitable buildings, and the permit authority has 25 business days to decide.
So on a commercial job, or to get the quicker turnaround, you go certified with a private building surveyor. The uncertified path is a limited option for straightforward houses.
How it fits with the NCC and licensing
The Building Act 2011 is the WA building-control layer; the technical requirements it enforces are the NCC (and referenced standards). Separately, who can do the work is a licensing question under the building-services laws (builder registration, surveyor registration), which is the WA building services licensing regime, not the Building Act itself. And the planning approval (where required) is a different process again, the WA DA process.
For a builder
- No permit, no start. A building or demolition permit from the permit authority is the legal trigger to begin; starting without one is an offence.
- Go certified for speed and certainty. A private building surveyor’s CDC gets you a 10-business-day decision and works for any class; the uncertified path is slower and limited to houses.
- Surveyor registration is a separate Act. The building surveyor you engage must be registered under the Building Services (Registration) Act 2011; confirm registration.
- Occupancy permit vs notice of completion. Class 2 to 9 need an occupancy permit before use; Class 1 and 10 use a notice of completion. Know which applies to your build.
Also known as: Building Act 2011 WA, WA Building Act, Building Act 2011.
Related
See also
Last updated: 2026-05-25. Verified: 2026-05-25. Quarterly review for currency.