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 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 a voluntary process that only applies to single houses and extensions or renovations to existing single houses. The intent of this check is to provide applicants with confidence that their proposal can proceed straight to a building permit.

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.

The City will provide advice to customers 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 a 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 form 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.

What documents do I need to submit a deemed-to-comply (Clause 61A) check application?

Please provide the following documents in the application of deemed-to-comply (Clause 61A) check:

  • Deemed to Comply (Clause 61A) Check 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.

How to lodge a deemed-to-comply (Clause 61A) 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 Form can be found in the deemed to comply check information sheet.