Shire of Toodyay


The Shire of Toodyay’s Building Department ensures buildings, both existing and proposed, are compliant with the Building Code of Australia and other relevant legislation. The objectives of the Building Code of Australia is to ensure acceptable building standards of structural sufficiency, fire safety, health and amenity are maintained in all building work.

Building Licence

If you propose to erect, alter, make additions to, demolish or remove any building or outbuilding, including the construction of a swimming pool, patio, pergola, fence or the like, then you will need to apply for a building licence. If planning approval is required for the erection of structures, this must be sought prior to the issue of a building licence. 

Planning and building applications may be submitted at the same time, however the building licence application does have specific requirements with a separate form and fees. After a Building Licence has been issued the building must be substantially commenced (to lock up stage) within 12 months.

In extraordinary circumstances only, an extension beyond the 12 months may be granted by the Building Surveyor, subject to payment of a building licence fee. The request must be justifiable and presented in writing.

In all circumstances a Building Licence must be completed within 2 years.

Building Setbacks

The setbacks of buildings are prescribed in Local Planning Scheme No 4. Clause 5.15 of Local Planning Scheme prescribes the setback requirements which are summaries below:

  • for Rural Residential (previously known as Special Rural) and Rural Living zones, all building shall be setback 30m from each boundary. 
  •  for the Rural zone all buildings shall be setback 50m from all boundaries unless the proposed building is within full view of a main or district road* in which case the setbacks shall be a minimum of 100m.
  • the main and district roads in the Shire of Toodyay are Toodyay Road, Goomalling Toodyay Road, Bindi Bindi Toodyay Road, Clackline Toodyay Road, Coondle West Road and Northam Toodyay Road.

In regards to residential properties, the setback requirements are prescribed in the Residential Design Codes. The majority of the land within the Toodyay Townsite has a residential density of R10. The Residential Design Codes set out the setbacks to the front, rear and side boundaries of residential properties. This document is available for inspection at the Shire of Toodyay administration centre or can be downloaded from

Building Approval Certificate

Local governments are now able to issue a ‘Building Approval Certificate’ to the owner in relation to unauthorised building work where adequate plans and specifications have been lodged, where all relevant fees have been paid and it has been demonstrated that the building work complies with the relevant standards.

Providing an approval of this nature retrospectively allows local governments to be satisfied that a building is safe, complies with all requirements and is included in the building records.

The owner of unauthorised building work may make an application to the local government for a ‘Building Approval Certificate’ using the prescribed form accompanied by the necessary documentation and the prescribed fee.

The local government may, on receipt of an application for a ‘Building Approval Certificate’ and if satisfied with the standard of construction, either issue the certificate or issue the certificate with conditions, or refuse to issue the certificate.

Unauthorised Building Work

As a separate process, owners or builders who carry out unauthorised building work may still be prosecuted by local governments under the Act and/or the Builders’ Registration Board under the Builders Registration Act 1939.

It should be noted however, that the offences for these breaches continue to apply only to the person who commits the offence i.e. the builder or original owner who commences unauthorised building work or who allows an unauthorised building to be occupied, not a person who may subsequently become the owner.


The Shire of Toodyay has Local Laws in relation to fencing. The Local Law establishes a minimum standard or 'sufficient fence' for different areas within the Shire.

Generally boundary fences do not require approval from the Shire of Toodyay. Fences which front a street within Residential areas are required to comply with the Residential Design Codes in addition to the Shire of Toodyay's Local Law Relating to Fencing. Fences within the Heritage Area are required to obtain planning approval and should comply with the Shire of Toodyay's policy LPP.20 - Central Toodyay Heritage Area. For further information in regards to fencing please contact the Shire's Development Services.

Dividing Fences

A ‘new’ Dividing Fences Brochure has been printed to download please click on link below.

Seismic (Earthquake) Building Requirements

A large portion of the Shire of Toodyay is subject to additional construction requirements due to earthquake hazards, Structural Engineer is required to provide strucural details to ensure that houses are designed as such that the forces generated by an earthquake are carried to the foundation.

Living On Site While Building Your House

The Council may grant permission to live on site. To gain conditional approval to live on site during construction, you are required to achieve the following:

  1. A current building licence for the principal dwelling has been obtained;
  2. An effluent disposal system has been installed in accordance with Health legislation;
  3. The concrete slab, stumped floor or strip footings have been installed; and
  4. An adequate potable water supply i.e. 92,000 litre tank or reticulated supply is to be provided.

If these standards are satisfied, Council may grant a six month approval for temporary accommodation, with a possible extension at the end of this period being subject to review by the Shire of Toodyay. LPS.4 Temporary Accommodation During the Construction of a Dwelling provides a guide for the assessment and determination for approval of temporary accommodation. A fee applies to such an application.

Swimming Pools

Private swimming pools need be approved and licensed by the Shire and are to be enclosed by a child-proof fence of not less than 1.2 metres in height, incorporating a self-closing and locking gate. Swimming pools located on properties inside the Toodyay, West Toodyay and Bejoording townsites must comply with the Building Regulations 1989 and other legislation as amended and the fences and gates must be inspected prior to water being added to the pool. 

Further Information

Further information on the building approvals process and the information required to be submitted with a building application is detailed on the building information sheet. Building Approval Information Sheet To assist owners the Shire has also prepared a building information checklist and building information pack which is available for collection at the Shire’s Administration Centre.