Building Consent

Development that involves building work requires building consent as part of its approval.

Building work is broadly defined under the Planning, Development and Infrastructure Act 2016 (SA) [s 3] as:

work or activity in the nature of—

(a) the construction, demolition or removal of a building (including any incidental excavation or filling of land), or

(b) any other prescribed work or activity,

but does not include any work or activity that is excluded by regulation from the ambit of this definition.

Examples of development that involves building work are:

Further information is available from the 'PlanSA' Building website.

Building work assessed by a relevant authority as being in a form specified in Schedule 7 of the Planning, Development and Infrastructure (General) Regulations 2017 (SA) must be granted building consent, except building work that affects a State heritage place [reg 28 and Planning, Development and Infrastructure Act 2016 (SA) s 118(1)].

For building consent to be granted, the building work must comply with the building rules. The building rules are used to assess development applications requiring building consent to make sure that building work is safe and compliant. Different building rules apply to a development depending on its location. The building rules prescribe the minimum technical requirements that apply to building and construction work and consist of the Planning, Development and Infrastructure (General) Regulations 2017 (SA), the Building Code of Australia and where applicable, Ministerial Building Standards. Also relevant are maps to assist with technical building issues, bushfire regulations and building safety information.

Generally if there is an inconsistency between the planning rules and the building rules, the building rules prevail and the planning rules do not apply to the extent of the inconsistency [s 57(3)]. However this does not apply in relation to a State heritage place or local heritage place [s 57(3)(a) and s 118(6)].

Notification of any proposed building work must be given to the council within a certain period of commencement or completion of the work [see Planning, Development and Infrastructure Act 2016 (SA) s 146(1) and Planning, Development and Infrastructure (General) Regulations 2017 (SA) reg 93]. A Statement of Compliance from a licensed building work contractor, registered building work supervisor or a building certifier, may have to be attached to a notification via the SA Planning Portal [reg 104]. Local councils can give advice on the required notification period.