The Process Step 1:- At the Department of Natural Resources and Mines do a Title search You may think you know who owns the land but you may get a surprise. There may be a body corporate involved or there may be a registered easement, to mention but a few possibilities which may effect your application process and spatial use of the land Mining Areas If the subject land is in a mining area, do a search through the Mining Warden Office If there is a mining lease over the land, constructing work without the leaseholder approval can expose you to grave financial risk. Without these searches you cannot be sure that your development application will be successfully assessed; them. Step 2:- Consider your responsibility under the Aboriginal Cultural Heritage Act 2003 which makes provision for the "effective recognition, protection and conservation of Aboriginal cultural heritage" In general, if your building works is being undertaken on a fully developed residential allotment the chances that this legislation will be relevant to your project is minuscule. However the chances start to grow as the location becomes more rural and the area of land upon which your plan to undertake building works become larger. The legislation provide for amongst other things, a mean of assessment of significant sites For an area to be a significant Aboriginal or Torres Strait Islander area, it is not necessary for it to contain markings or other physical evidence indicating Aboriginal or Torres Strait Islander occupation. For example, the area might be a ceremonial place, a birthing place or a burial place.…Need to know more? Step 3:- Do a planning development certificate search with the local government for the area. No matter whether the building work is only a fence or a huge shopping center, every local government in Queensland has the power, under planning schemes currently proclaimed or being proclaimed, under the Integrated Planning Act 1997, to set standards for amenity and siting for ANY building work. That could includes for example · declaring areas where even fencing is not allowed; or · determining that some or all fencing is self assessable development which must comply with a planning code; or is · Code assessable development that requires a development permit; or · Impact Assessable which would require public consultation prior to building assessment For more information on the implication of the types of development - click here Step 4:- What do I do if Code Assessment is required under a planning scheme? Code assessment relates to meeting a requirement of a planning scheme to assess a development against a code within the scheme. Code assessment will require a development application process made to the local council. Code assessment, if required, must precede assessment for building work and without a development permit for code assessment no development application for building work can be approved. Step 5:- What do I do if Impact Assessment is required under a planning scheme.? Impact Assessment relates to meeting a requirement of a planning scheme to assess a development for impacts on the area in which the development is proposed. Impact Assessment will require a public consultation process and if not undertaken by the local government the applicant must provide a written certificate of compliance with the statutory process for the public consultation process. Impact Assessment, if required, must precede assessment for building work and without a development permit for Impact Assessment no development application for building work can be approved. Step 6:- Do an infrastructure search with local government for the area Local governments, under the Water Act 2000, have control over water, sewerage and stormwater infrastructure owned by the Council, even on private land. The Council may not be keen to have you build a certain building or structure, even a fence, over such infrastructure or the Council may wish to dictate where and how you place certain structural elements that may have an influence of the infrastructure or ensure that you maintain capability of access to the infrastructure for maintenance purposes. Without infrastructure advice you cannot be sure that your development application will be successfully assessed; Step 7:- submit a development application for building work Some building works are exempt from a permit. This means there is no permits or building standards to restrict your project. Other building works are self assessable, which mean you still don't need a permit but you must build to the standards set out under a code. Certain building works may require special local government decision if you are going to use a private building certifier The Integrated Planning Act 1997 (IPA) provided that an application need only contain a Form 1 part A (which in certain circumstances is required to be signed by the land owner) and the prescribed fee, to be accepted (competent) by a assessment manager. However such meager application materials will slow down the assessment process and certainly result in the issue of an information request by the assessment manager, A smart development application for building work will contain all, most or at least some, of the following- Form 1 part A & B Fully completed Full set of competently designed and drafted plans showing Method of construction Site layout Energy efficiency design (where required) Engineering certification (where required) Site foundation classification (where required) BSA residential construction insurance receipt (where required) BSA owner builder permit (where required) Portable long service leave payment receipt (where required) Plumbing and drainage application Form 2 and site drainage plans (where required) Water and sewerage connection application (where required) On Site Sewerage Application (if outside a sewered area) Site survey certificate (where required) Tree Clearing applications (where required) Relocateable building have added special consideration- click here for details Step 8:- responding to any information request An assessment manager may require further clarification or information and may request this information in writing as an information request so there can be no misunderstanding as to what it outstanding. You have 12 month to provide a response after which your application will automatically lapse. You may also elect to not provide all or any information requested. This is your call but be aware, if you should subsequently appeal the assessment manager decision, you could find you self facing an order for cost in the matter, if the court find that the assessment manager was hampered in assessing your development application because of your lack of response. Step 9:- the development permit Development permit for building work will only be issued when all other relevant development permit have been issued.i.e. Material Change of Use Impact (when required) Material Change of Use Code (when required) Plumbing and Drainage (when required) Water connection (when required) Sewerage connection (when required) Tree clearing (when required) Step 10:- the development permit’s conditions Almost all development permits are issued with conditions. These conditions can be broken down into 2 types. Regulatory conditions. These are conditions that are specific, reasonable and relevant to your development and are enforceable at law. You must comply with these condition or you are in breach of the permit and can be prosecuted and can cause you future stress and worry, a situation which you should always avoid like the bird flu. Advisory conditionThese are not really conditions under IPA, though most assessment manager still treat then as such within their decision notices. These notations are usually reminder of obligation that are imposed under specific pieces of legislation, or gratuitous advice thought necessary to try to assist an applicant avoiding doing something stupid Examples are:- conditions that tell you to comply with some law (i.e.-comply with Building Act ***) or reminding you of a civil protocols (i.e.-discuss with your neighbors before ….) While these “conditions” are useful information, competent assessment manager will append them as guidelines to a development permit rather than incorporate them within a permit (decision notice) itself. Step 11:- Inspections Almost all building development permits will have a condition requiring inspections at certain stages and the circumstance about how to arrange these inspections. Inspections are important not only because you commit an offence by not having the inspection, if you are a registered builder the Building Certifier is obliged to advise the BSA of your failure. You could also find that the issuing of a final certification, could be jeopardised and for some building developments, occupation of the building is unlawful in the absence of such certificates. Competent certifiers will issue a inspection certification after each inspection. This documentation with contain an indication of the outcome of the inspection.In the event that the inspection found compliance, then the documentation will advise that the stage has passed and work may proceed to the next stage. In the event that a defect or incomplete circumstance was discovered the documentation will contain the details of the defect and most likely a requirement for a re-inspection, before work on the next stage may proceed Step 12:- Completion It is common practice today for purchasers of properties to undertake documentation search of local government to ascertain all information regarding a development including buildings. The absence or incompleteness in a development file is a most common cause of friction between buyers and sellers and quite often lead to the loss of a sale. Before final certification is issued for a development permit for building work several certificates may be required. These include Evidence of compliance with all stage inspections Off site fabricated components such floors, wall frames or roof trusses and windows Termite prevention program Wet area installation Plumbing and Drainage completion The absence of required certification will most probably result in the refusal to issue a Final Inspection certificate or a Certificate of Classification for that building approval.
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