What is a Deemed-to-Comply Check?
In accordance with clause 61A of the Deemed Provisions in Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015, certain types of development are exempt from requiring development approval. These exemptions include the construction of a new single house, or extensions and/or renovations to an existing single house that meet the 'deemed-to-comply' criteria of Volume 1 of the Residential Design Codes (R-Codes) or any local planning policy that amends or replaces these criteria. More information on the R-Codes can be found at www.dplh.wa.gov.au/rcodes.
Clause 61A allows those who are intending to either build a new single house or extend and/or renovate an existing single house to seek advice from their local government as to whether development approval is required for what they are proposing. This is referred to as a 'deemed-to-comply' check. The intent of this check is to provide applicants with confidence that their proposal can proceed straight to a building permit. This is a voluntary process that only applies to single houses and extensions or renovations to existing single houses. It does not apply to the other types of exemptions that are available under clause 61.
How to I apply for a Deemed-to-Comply Check?
Applications for Deemed-to-Comply checks can be made by submitting the below online form. In addition to payment of the application fee (please refer to Item 5B of the City's Planning Fee Schedule to determine this amount), the below documents will need to be uploaded (in PDF format) to complete your application:
- A completed Clause 61A Application for Advice (a Department of Planning, Lands and Heritage form). Please note that all property owner’s signatures are required on this form in order to proceed with the application.
- Site plan (to a scale of no less than 1:200) showing lot dimensions, all existing and proposed structures, existing and proposed ground levels, any structures proposed to be removed, existing and proposed pedestrian and vehicle access, car parking spaces including layout and dimensions, any proposed open space and landscaping;
- Floor plan (to a scale of no less than 1:100) of building/s proposed to be erected or altered, and any buildings proposed to be retained, complete with setbacks to all lot boundaries; and
- Elevations (to a scale of no less than 1:100) of building/s proposed to be erected or altered, and any buildings proposed to be retained, complete with existing and proposed ground levels and wall and roof height dimensions taken from natural ground level.
Applications that do not include the above documentation cannot be accepted. Depending on the proposal, you may be asked to provide further information before the application is accepted and lodged.
How long will my application take to be assessed?
Once accepted and lodged, the City will review your application and information provided to check whether what is being proposed meets all the relevant deemed-to-comply criteria of the R-Codes Volume 1 and, where relevant, any local planning policy. Advice of the outcome will be emailed to you within 14 days of the application being accepted and lodged.
What happens next?
If the advice states that your proposal is deemed-to-comply, you may lodge an application for a building permit.
If your proposal does not comply, you may:
- Apply for development approval; or
- Amend your plans to address the areas of non-compliance and submit another application for a Deemed-to-Comply Check; or
- Amend your plans to address the areas of non-compliance and apply for a building permit. Please note that if you choose this option, an area of non-compliance that was not addressed fully may be identified through the building permit process and you may be requested to apply for development approval.