There are circumstances where work affecting other land requires consent or a court order to be provided as part of a permit application.

The two instances where work affecting other land requires consent or a court order to be provided as part of a permit application are: 

  • Encroachment - Where a part of a proposed building is over a boundary or using the land on another property for support.
  • Work adversely affecting an adjoining property - Where the building work being undertaken will adversely affect the stability, bearing capacity or natural site drainage of the adjoining land or structure. 

Where work is affecting other land by either encroachment or adverse effect, the adjoining landowner’s consent is required prior to making a permit application. 

This consent forms part of the permit application. 

In the event consent cannot be gained, a court order must be obtained and submitted with the permit application.

In some instances, building or demolition work that does not encroach or adversely affect adjoining land may still require the adjoining owner’s consent. In this instance you may use either a BA20A form, email or any other correspondence confirming you have the adjoining owner’s consent. In this circumstance, consent is not required prior to making a permit application.

For more information on work affecting other land, see the fact sheet on the Building Commission’s website www.buildingcommission.wa.gov.au.