Building
Key points
Building and planning are related but managed through different approval systems.
The building system focuses on the technical design and construction of a building and includes plumbing regulations
You may need a planning permit or a building permit, or both.
Background
The planning and building approval systems are often confused. While some parts of these systems may be related, they manage very different aspects of the approval and construction of buildings.
Very simply, the planning system considers the suitability of the site for the proposed use or development and any impacts it may have on the surrounding land. The building system focuses on the technical design and construction of the building and includes the regulation of plumbing works. Planning and building are managed through separate approval systems with their own separate legislation and rules.
The planning approval system is established under the Land Use Planning and Approvals Act 1993 (LUPAA). It requires an assessment against the planning rules in the planning scheme. Unless the use or development is specifically exempted or there is no permit required in the planning scheme, a planning permit must be issued by the relevant local council. The planning system considers both the ‘use’ and ‘development’ of the land. So, a planning permit may be required even if you are not constructing a building on a site, for example, undertaking agriculture involving grazing or cropping.
The building approval system is established under the Building Act 2016. The building system ensures the building is structurally safe and complies with the National Construction Code. The type and scale of a building will determine whether or a not a building permit is required. Some smaller or low-risk buildings, like decks and small sheds, may not need a building permit or the involvement of a building surveyor.
How is this managed within the planning system?
Building approval is handled in the building system, not the planning system. The Building Act 2016 and the Building Regulations 2016 are the main legislative controls on building in Tasmania. These also implement the National Construction Code, a nationally agreed set of standards for building and plumbing.
There are different classes of building and categories of building and plumbing work, which require different types of approval or permits. It is best to seek advice from a council or a building surveyor at the earliest stage. A relevant planning permit must be issued by the local council (where required) before building approval can be provided.
Some codes in the Tasmanian Planning Scheme, like the Bushfire-Prone Areas Code and the Landslip Hazard Code, are linked to the building system through Directors Determinations issued by the Director of Building Control. This enables consistent decision making on matters relating to natural hazards by regulating most aspects of a building that respond to the hazard through the building system.
Please see Natural Hazards for more information on how natural hazards are managed through the planning and building systems.
Planning initiatives
PlanBuild Tasmania
PlanBuild is an initiative by the Tasmanian Government that will provide a single location for lodging applications for planning, building and related environmental and public health approvals. The platform is run by the Department of Justice and will be launched in phases. The current PlanBuild Tasmania website provides an enquiry service, enabling people to type their address into the search function and receive a report on planning, building and plumbing rules for the site.
In the future, PlanBuild will include electronic lodgement and tracking of planning and building applications.
Who does what?
Consumer Building and Occupational Services (CBOS), Department of Justice, administers the building system legislation and regulates the building industry in Tasmania. They oversee and administer the legislation, and licence professions, including architects, building designers and surveyors, builders, and some trades like electricians and plumbers, within the building industry.
Licensed building surveyors assess proposed design and building work to ensure it complies with the National Construction Code and Tasmanian building legislation. They will also provide a copy of the relevant documents so you can notify the local council or seek a building permit.
Councils provide a wide range of information about building on their websites, for example, application forms, fact sheets about particular issues, step by step explanations of processes, or checklists. Local councils are responsible for issuing building permits. You should always check with your council first about what you plan to build.
More information
Consumer building information (CBOS)