Deemed-to-comply check

The intent of a deemed-to-comply check is to provide applicants with confidence that their proposal can proceed straight to building permit. 

What is a deemed-to-comply (DTC) check?

A ‘deemed-to-comply’ check allows landowners and/or applicants to seek written advice from their local government as to whether development approval is required for what they are proposing. The 'deemed-to-comply' check covers additions and renovations to single houses and grouped dwellings and also includes a check for new single houses and up to two grouped dwellings.

This is a voluntary process and the intent of this check is to provide applicants with confidence that their proposal can proceed straight to a building permit.

  • Clause 61A of the Deemed Provisions in Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015 allows for landowners and/or applicants to seek written advice from the Local Government to assess and confirm that the works proposed are exempt from development approval and can proceed straight to a building permit.

    Additions up to and including Single Houses are exempt from development approval provided they meet the deemed-to-comply criteria of the R-Codes and any relevant local planning policy.

    A deemed-to-comply check can be lodged for:

    • Deemed-to-comply check for minor works to a single house ($73.00):
      • Patio
      • Front fence
      • Outbuilding
      • Site works/retaining walls
      • Ancillary dwelling (Granny flat)
      • Carport.
    • Deemed-to-comply check for works to a single house ($295.00):
      • Garages
      • Any extension/addition to a single house
      • Erection of single house.

    Once the application is accepted and lodged, advice of the outcome will be provided within 14 calendar days.

    Document nameDownloadable files
    Deemed to Comply Check Application Form - single house(PDF)
  • The City’s Local Planning Policy 6.15 Exemption from Requiring Development Approval exempts up to two grouped dwellings on a parent lot and/or additions, extensions and renovations to an existing grouped dwelling, provided they meet the deemed-to-comply criteria of the R-Codes and any relevant local planning policy.

    A deemed-to-comply check can be lodged for:

    • Deemed-to-comply check for minor works to a grouped dwelling ($73.00):
      • Patio
      • Front fence
      • Outbuilding
      • Site works/retaining walls
      • Carport.
    • Deemed-to-comply check for works to a grouped dwelling ($295.00):
      • Garages
      • Any extension/addition to a grouped dwelling
      • Erection of up to two grouped dwellings.

    Once the application is accepted and lodged, advice of the outcome will be provided within 14 calendar days.

     

What does a deemed-to-comply check do?

The advice will state either that:

  • The proposal is exempt from development approval and the proposal can proceed straight to a building permit
  • The proposal is not exempt from development approval, including an outline of where and how the proposal does not meet the deemed-to-comply criteria of the R-Codes and any relevant local planning policy.

How long does a deemed-to-comply check take?

An administration check will be carried out upon receipt of the application form. You may be asked to provide more information before the application is accepted and lodged.

Once the application is accepted and lodged, advice of the outcome will be provided within 14 calendar days.

After I receive advice from the City can I submit additional plans?

Yes, you can submit new plans for consideration to the City via a new deemed-to-comply application. A new application fee ($73.00 or $295.00) will be applicable for every application submitted to the City.

I have received advice from the City that my plans are exempt, what do I do next?

Customers who receive advice that their plans do not require development approval, can proceed to submitting a building permit for the works. It is required that you include your deemed-to-comply check confirmation letter and plans with your building permit to speed up the assessment of the permit.

What happens next if my proposal is not exempted?

If your proposal is not exempt, the following options are available:

  • You can lodge a development application
  • You may amend your plans to address the areas of non-compliance and submit a new deemed-to-comply check application
  • You may amend your plans to address the areas of non-compliance and submit for a Building Permit.

What documents do I need to submit a deemed-to-comply check application?

Please provide the following documents in the application of deemed-to-comply check:

  • Deemed to Comply Application Form:
  • A site plan or plans showing the following:
    • Location of the site including street names, lot numbers, north point and site dimensions
    • Existing and proposed ground levels of the site Location, height and type of all existing structures and environmental features
    • Structures and environmental features proposed to be removed
    • Existing and proposed means of pedestrian and vehicle access for the site
    • The location, number, dimensions and layout of all car parking spaces
    • The nature and extent of any open space and landscaping proposed for the site.
  • Floor plans and elevations of any building proposed to be erected or altered, and any building that is intended to be retained.
  • Pre-calculation plan - a diagram of indicative lot boundaries and sizes, including common property (for grouped dwellings only).

How to lodge a deemed-to-comply check application?

The deemed-to-comply check application can be via one of the below options:

  • eLodgement services on the City of Stirling website lodge an application, lodge it as a development application category and put the description as Deemed to comply check;
  • In Person at the City’s Administration Centre at 25 Cedric Street, Stirling WA 6021
  • Or a hard copy via post/courier.

Application forms can be found here, on the planning checklists and information sheets page.