Exemption assessment notices
Changes to the Planning and Development Act 2007 and the Building Act 2004 allow a person to apply, in writing, to a works assessor or building surveyor for an assessment of whether a development that is to be undertaken or has been undertaken is exempt from development or building approval.
It is anticipated this process will be mainly used where a homeowner wishes to sell a property that has a structure, such as a pergola or deck constructed in the back garden, that does not require development and/or building approval. However, a prospective purchaser may want to see documentation that confirms this before agreeing to go ahead with buying the property.
Planning and Development Act 2007 Exemption Assessment D Notice
Building Act 2004 Exemption Assessment B Notice
Not compulsory
This process is not compulsory and a home owner is not required provide an exemption assessment notice for buildings or structures that are exempt from development/and or building approval in order for a property to be sold.
Process
Where an exemption assessment notice has been requested and issued, the works assessor or building surveyor must:
- complete a lodgement form - a separate form must be completed for each notice
- attach the exemption Assessment D or Exemption Assessment B Notice prepared in accordance with regulations
- attach a copy of the plans and documents used in the exemption assessment of the development or building work detailed in the notice
- lodge all documentation at either the Dickson or Mitchell Customer Service Centres within five days after the day the works assessor or building surveyor issues the notice
- pay the fee ($17.80 per notice as at November 2011).
Alternatively, the documentation can be emailed to actpla_customer_services@act.gov.au and payment made over the phone by credit card.
The lodgement forms are now approved forms under the Planning and Development Act and the Building Act and must be used from this point forward when submitting and Exemption Assessment D or Exemption Assessment B notice.
