Picture a lazy Sunday morning with the sun streaming in, the smell of coffee brewing in your kitchen. Designed just the way you like it. Maybe it’s the perfect alfresco area catching the Freo Doctor. Or that home office with a view of the garden.
Building your dream home in Perth is an exciting prospect, isn’t it? The lifestyle, the space, the beautiful weather. It’s all part of the Western Australian charm.
But between that dream and reality lies a path paved with questions, paperwork, and something called… regulations. It can feel like navigating a maze blindfolded. You hear terms like “R-Codes,” “Building Permits,” “NCC,” “HII,” and your head starts to spin.
- What do they all mean?
- How long does it all take?
- Who do you even talk to?
Deep breaths!
It seems daunting. But understanding the rules of the game is the first step to a successful build. Here at PDCD Homes, we’ve guided countless Perth families through this exact journey. We know the ins and outs of Australian building standards. So, let us walk you through what you need to know about local building regulations in Perth.
Understanding Building Regulations in Perth 2025
When you decide on Building in Perth. You’re dealing with set of rules like layers of an onion (hopefully without the tears). There are rules set at the national level, the state level (that’s WA), and even by your local council.
1. Federal Level – The National Construction Code (NCC)
All buildings in Perth must comply with the National Construction Code (NCC). Also known as the Building Code of Australia (BCA). This national standard sets minimum requirements for:
- Safety: Structural integrity, fire resistance, and safe exits.
- Health and Amenity: Ventilation, lighting, and noise control.
- Accessibility: Features like ramps or wider doorways for inclusivity.
- Sustainability: Energy efficiency and water conservation.
The NCC is divided into three volumes:
- Volume 1: For commercial, industrial, multi-residential buildings (Class 2-9).
- Volume 2: For residential buildings (Class 1 and 10), which applies to most homes.
- Volume 3: Covers plumbing and drainage standards.
The NCC is updated roughly every 3 years to keep up with new technologies and safety findings.
2. State Level – Western Australian Legislation
In Western Australia, the NCC is legally enforced through the Building Act 2011 and Building Regulations 2012. The key players are:
A. The Building Act 2011 & Building Regulations 2012
These laws establish the system for building permits, occupancy permits, building standards (adopting the NCC), inspections. And the roles of builders, surveyors, and local governments (permit authorities). These also cover work affecting neighbouring properties.
B. Residential Design Codes (R-Codes)
These are critical for shaping Perth’s suburbs. They aim to provide choice, promote better design, and control urban density. It dictates setbacks, site cover, open space, height, privacy, overshadowing, parking, and more.
- Density Codes (R10 to R80+)
Lower numbers (e.g., R20) mean lower density (larger lots, fewer homes per hectare). Higher numbers (e.g., R40, R60) allow for smaller lots and higher density (more townhouses, apartments). The code applied to your block is set by the local council in their planning scheme.
- Deemed-to-Comply vs. Performance Criteria
For most elements (like setbacks), the R-Codes provide a ‘Deemed-to-Comply’ standard (e.g., “side setback must be 1.5m”). If your design meets this, it’s generally approved easily. However, there are also ‘Performance Criteria’ or ‘Design Principles’ which state the objective (e.g., “ensure adequate sunlight and privacy for neighbours”). If you can demonstrate your alternative design meets the objective, even if it doesn’t meet the standard number (e.g., a 1.2m setback with specific screening), it might be approved via a Development Application (requiring council assessment).
C. Home Building Contracts Act 1991
Protects homeowners for contracts between $7,500 and $500,000. It sets out requirements for contracts, cooling-off periods, rules around deposits and progress payments, & mandates Home Indemnity Insurance. It mandates written contracts, setting rules for deposits/payments, and requiring Home Indemnity Insurance for work over $20,000.
Home Indemnity Insurance (HII)
This is a crucial piece of consumer protection required by the Act.
What it Covers: HII protects you if your builder cannot finish the job or fix defects because they have died, disappeared, or become insolvent (gone bankrupt).
- It covers costs to complete the contracted work up to a maximum of $200,000.
- It covers loss of deposit up to $40,000.
- It also covers faulty or unsatisfactory workmanship (breach of statutory warranties) for six years from ‘practical completion’ (when the house is basically finished and ready to occupy), but only if the builder has died, disappeared, or become insolvent.
Who Gets It? The builder is legally responsible for taking out HII in your name before starting work or requesting any payment (including the deposit). They must give you a copy of the Certificate of Insurance. The cost is usually factored into your contract price.
D. Building Services Acts
These laws cover the registration of builders, painters, and plumbers. And establish the Building Services Board and the Building Commissioner. Who handles complaints and dispute resolution.
3. Local Level – Local Government Planning Schemes & Policies
Your local council (City of Stirling, Shire of Mundaring, City of Joondalup, etc.) has its own Town Planning Scheme. This scheme zones land for different uses (residential, commercial, industrial). And often includes specific local variations or additions to the R-Codes, or policies on things like heritage, tree preservation. Or specific design guidelines for certain areas.
Compliance across all these levels is necessary. Your builder must ensure the design meets national safety standards, state R-Code requirements, and any specific local council rules.
Building Your Dream Home In Perth 2025
This stage involves critical checks and getting the necessary permissions before any soil is turned.
1. Understanding Your Land
The land itself comes with its own set of regulatory considerations.
i. Zoning & R-Code
Check the local council’s planning scheme for the land’s zoning (e.g., ‘Residential’) and its R-Code density (e.g., R20, R30). This controls potential subdivision and influences design rules.
ii. Easements & Covenants
Identify any restrictions on the title that might limit where you can build.
iii. Site Survey
Essential for accurate boundaries, levels, and locating services.
iv. Soil Test (Geotechnical Report)
Non-negotiable in Perth. Determines soil type (sand, clay, rock) and dictates foundation engineering requirements and costs.
v. Bushfire Prone Area Check
Is the land on the WA designated map? If yes, a Bushfire Attack Level (BAL) assessment is mandatory before design, significantly impacting construction methods and materials.
2. Designing Your Home
Your home design must weave together your dreams and the regulatory requirements.
i. R-Code Compliance
This is a major design driver in WA. Plans must meet specific requirements for:
- Setbacks: Minimum distances from boundaries.
- Site Coverage: Maximum building footprint percentage.
- Open Space: Minimum outdoor area percentage.
- Height: Limits on wall and roof heights.
- Overshadowing: Rules limiting shadow cast on neighbours.
- Visual Privacy: Measures to prevent overlooking neighbours.
- Parking: Required number of car bays.
ii. Energy Efficiency
Designing energy-efficient homes is mandatory. Currently, WA requires new homes meet a minimum 6-star NatHERS rating (using software to assess thermal performance based on design, orientation, insulation, glazing, etc.).
Important Update: “From May 1, 2025, this increases to a 7-star NatHERS minimum, plus ‘Whole of Home’ assessment.”
iii. Accessibility
The NCC includes requirements for accessibility features (like step-free entry, wider doors) to make homes more usable for everyone.
iv. BAL Requirements
Required for properties in designated bushfire-prone areas. An assessment determines the BAL rating (LOW, 12.5, 19, 29, 40, FZ) based on vegetation, slope, and distance. Ratings from 12.5 up trigger specific, increasingly stringent construction requirements under AS 3959 using fire-resistant materials and methods.
If a BAL rating applies (BAL-12.5 to BAL-FZ), the design must incorporate specific fire-resistant materials and construction techniques as per Australian Standard AS 3959.
3. Approvals
You need official permission before building starts, typically in 2 stages.
Stage 1: Development Approval (DA) / Planning Approval
From: Your local council.
Purpose: Assesses compliance with the local planning scheme and the R-Codes (setbacks, height, site cover, privacy, overshadowing, streetscape impact). Looks at how the house ‘fits’ the site and neighbourhood.
Needed When? Often required if your design seeks variations from standard R-Code rules, is in a special control area (e.g., heritage), or involves multiple dwellings. May not be needed for a fully compliant single house on a standard lot (check with council).
Timeline: Statutory timeframes are typically 60-90 days. But can vary.
Stage 2: Building Permits and Approvals
From: The Permit Authority (usually the local council).
Purpose: Confirms the detailed construction plans comply with the National Construction Code (NCC) and technical standards (engineering, energy efficiency, BAL report if applicable). Focuses on structural safety and construction compliance.
Building cannot start without this.
Application Types in WA
1. Uncertified (Form BA2)
For single houses/sheds only. Plans submitted to council; council’s surveyor checks compliance and issues a Certificate of Design Compliance (CDC) then the permit.
Timeline: 25 business days.
2. Certified (Form BA1)
Mandatory for commercial, optional for houses. You (or your builder) engage a private Registered Building Surveyor first. They certify the plans comply (issue a CDC). You lodge the application with the CDC to the council.
Timeline: 10 business days (much faster as technical check is done). This is the common path for volume builders.
Key Documents Needed
- Application form, CDC (for BA1),
- Detailed plans (architectural, site, engineering),
- Energy report,
- BAL report (if needed),
- Proof of Home Indemnity Insurance (if applicable),
- Evidence of other approvals (DA, Water Corp etc.),
- Fees paid.
This approvals phase requires careful documentation and coordination.
During the Construction Process
Once the approvals are in place and the slab goes down, the building process begins! Regulations still play a part here, mainly through inspections.
1. Mandatory Inspections
The Building Act framework involves inspections at key stages by a registered building surveyor (either the private one who issued the CDC for a certified application, or the council’s surveyor for uncertified) to check that the construction work aligns with the approved plans and meets the NCC standards. Common stages include:
- Foundations / Slab prep (before concrete pour)
- Framing (wall and roof structure)
- Final Inspection (Practical Completion) Other inspections (e.g., waterproofing, energy compliance features) might also occur. Local councils may also conduct their own checks. Your building surveyor will issue certificates for these inspections.
2. Notice of Completion (Form BA7)
Once work under the permit is finished. The builder must submit a Notice of Completion (Form BA7) to the permit authority within 7 days.
3. Occupancy Permit (for certain buildings)
While not required for a standard single house (Class 1a). An Occupancy Permit is needed to legally occupy new multi-residential buildings (Class 2, like apartments), commercial buildings (Class 3-9). Or if you’re changing the use or classification of an existing building.
4. Managing Variations
Sometimes things change during construction. You might want to add a window, or an unexpected site issue require a design tweak. It’s important that any variations are properly documented, agreed upon in writing (as per the Home Building Contracts Act). And if they change the approved plans. They need an amendment to the Building Permit before the change is made. Proceeding with unapproved changes can cause major headaches later.
PDCD Homes: Building Dreams in Perth
Don’t let the thought of regulations put you off. They are there to protect your investment. With the right team by your side. Navigating them is easy and stress-free.
If you’re thinking about building in Perth and searching for new home builders or the best home builders in Perth, or if you’re exploring home builders Malaga for a premium project—especially looking at luxury home builders Malaga—we’d love to chat.
Contact PDCD Homes today for a friendly, no-obligation chat. Let’s discuss how we can bring your Perth dream home to life.
