City of South Perth - Deemed to Comply Check

Deemed to Comply Check - Clause 61A

Application for advice as per Clause 61A applicable for single house and additions to a single house..

Last updated on: 04 September 2024

In this article

Application for advice
Application Information
Register or sign in
Submit an application
Lodgement guidance
Post lodgement process

Application for advice

Certain types of development are exempt from requiring development approval under clause 61 of the Deemed Provisions of the Planning and Development (Local Planning Schemes) Regulations 2015 including single houses and additions to single houses, provided they satisfy certain exception criteria outlined within the Residential Design Codes Volume 1, the City's Local Planning Scheme and related Local Planning Policies.

An application for a deemed to comply check provides written advice as to whether a development proposal satisfies the exemption requirements or whether development approval is required for the proposed works. Where development approval is deemed to be required, the reasons why development approval is required will be outlined within the City's letter.

Application Information

What is Clause 61A and what does it do?

Certain types of development are exempt from requiring development approval under clause 61 of the Deemed Provisions of the Planning and Development (Local Planning Schemes) Regulations 2015. These exemptions include the construction of a new single house, or additions and alterations to a single house house that meet the 'Deemed-to- Comply' criteria of Volume 1 of the Residential Design Codes (R-Codes), the City's Planning Scheme or any local planning policy that amends or replaces these criteria. More information on the R-Codes can be found at dplh.wa.gov.au/rcodes.

Clause 61A allows individuals (ie applicants or landowners) 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 referred to as a 'Deemed-to-Comply' Check. The intent of this check is to provide applicants with confidence on whether their proposal can proceed straight to a Building Permit, or if a Development Application is required.

Applicable development types

Applying for advice under Clause 61A

Advice outcomes

The advice will state either:

the proposal is exempt from requiring development approval or
the proposal is not exempted from requiring development approval. This will include the reasons as to why, briefly outlining where and how the proposal does not meet the exemption criteria.

In the event that a development proposal does not meet the relevant exemption criteria, there are two options:

A development application can be lodged with the City in which discretion can be sought for the development as proposed or
The plans may be amended and a new 'Deemed-to-Comply' Check may be lodged following changes to the design to address the areas of discretion sought.

Amended plans and revisions

How long does the advice take?

The City endeavours to provide formal written planning advice regarding the assessment outcomes of all 'Deemed-to-Comply' checks within 14 days from the date the application is formally accepted by the City, including payment and submission of the necessary information. There may be delays in providing advice regarding the construction of large single houses, or other complex proposals where further clarification is required.

Prior to lodging a building permit

The processing of building permit applications does not involve the assessment of the proposed development from a planning perspective. As such, there is the necessity to ensure that the development complies with the applicable provisions of the City's Local Planning Scheme, relevant Local Planning Policies and the Deemed-to-Comply provisions of the Residential Design Codes (Volume 1) prior to the building permit being determined.

The clause 61A 'Deemed-to-Comply' Check is highly encouraged for all Building Permit Applications for alterations and additions to existing single houses or new single houses, unless development approval has been granted. Please ensure you attach a copy of the advice or approval to your Building Permit Application.

Planning customer enquiries

One of our urban planners is available to attend to general planning enquiries during business hours. Enquiries can be made as follows:

By phone on 9474 0777 - a message will be taken if the duty urban planner is unavailable
In person - by appointment at the Civic Centre. Please call to make an appointment
In person - from 9.30-10.30am or 3-4pm at the Civic Centre (no booking required)
Online via Microsoft Teams - please call to make an appointment.

Application form

Fees

Register or sign in

To submit an application, you will need to register or sign in for a mySouthPerth account. Click the Register and Sign In option at the top right of this page to proceed.

For assistance with your mySouthPerth account, visit our information page.

Already signed in?

If you see your initials at the top right-hand corner of this page, you are already signed in.

Submit an application

To submit an application, proceed below.

Before you begin

Prior to commencing the application via the link below, ensure you have an electronic copy (eg scan) of the following documentation prior to completing the application process:

A full set of scaled development plans (site plan, floor plan, elevations)
Covering letter detailing the proposed works.

You will be required to attach this information during the application process.

Application attachments

Please ensure you are attaching all plans, materials and supporting information relevant to the application as part of your initial lodgement. Any omissions or additional materials will be required to be sent as separate emails, which will be limited to standard email size limitations (eg 10MB).

Apply for Deemed to Comply Check (61A)

Lodgement guidance

Type of location - property or land?

When lodging your application, you are presented with two options to search the location.

To use the Property search method, click on Property and enter the street number and street name (eg 199 Thelma Street, or 2/203 Thelma Street, or 205B Thelma Street).

To use the Land search method, click on Land and enter the lot number and plan number (eg Lot 3497 DP187254, or Lot 1 SP5985).

Where can I find the lot and plan numbers?

Refer to the Certificate of Title, especially if it has been recently subdivided.

Alternatively, you can refer to the City's mapping tool. Via mapping, search and select the location. Scroll down to the Land - Property Information section via the information to the right of the page. The data for the land search is the Lot on Plan data. You can copy and paste this information into the land search when you start your application.

What if there are no land details in mapping?

I cannot lodge as I have errors

Do I complete any section/s with 'for City officer use only' in it?

How do I attach documents?

The lodgement process may include requirements to attach documents. Please refer to the Before you begin section on this page in relation to requirements and ensure you have this information prior to commencing the process. You will be presented with options for mandatory and optional documentation.

Mandatory documentation

Mandatory document types will be displayed within the mandatory documentation section. There may be more than one document required, and the name of each document will be listed.

To add the document, click the Add button, search and select the correct document then click Open. A pop up will display with your document name as well as the attachment type. Select Save when complete. The document will then be uploaded to the lodgement.

Please note, if you have more than one document for this mandatory field, you can select Add Another via the pop up or Add via the main screen once you have attached the first document.

Complete the process for each mandatory attachment type.

Optional documentation

The lodgement process will also include the ability to attach optional documentation. Please ensure you refer to the Before you begin section of this page for guidance on required documentation as not all may be listed as mandatory.

To attach optional documentation, click the Add button under Optional Attachments, search and select the correct document then click Open. A pop up will display with your document as well as a drop down section to select your Attachment Type. Click the drop down and select the correct type. Select Save when complete. The document will then be uploaded to the lodgement.

Repeat this process for each additional document.

Post lodgement process

Once your application is lodged, the following steps will apply:

Your application will be reviewed to ensure all required information/documentation has been provided. You will be contacted if anything is missing
When all documentation has been received, the lodgement part of the process will be complete.

Timeframes

What happens next?

Was this page helpful?