“Do I need a building permit?”

It’s a common question and if the answer is “Yes” it could trigger costs you may not have accounted for. We’ll run through a basic list of what you typically can or cannot do without a building permit in Victoria, Australia then outline what the implications might be for you and your project.

 

Building Permits vs. Town Planning Permits

In simple terms:

  • Building Permits: Assess projects against the Building Code of Australia to ensure safety and structural compliance.

  • Town Planning Permits: Assess projects against the Planning Scheme to ensure developments are appropriate and respectful to the local community.

 

Yes, you need a permit

  • Decks (yes, all decks, no matter how high or large)

  • Structural Alterations - anything involving altering an element that supports another element (load bearing wall, lintel, column, stumps, footings)

  • Construction of a carport

  • Restumping and similar works

  • Retaining walls over 1.0m

  • Re-roofing (some exclusions apply)

  • Sheds over 10sqm

  • Permanent pools over 300mm deep

No, you don’t need a permit

  • Non-structural remodelling of kitchen or bathroom

  • Demolition of a non-masonry carport under 40sqm (conditions apply)

  • Fence below 2.0m (some exclusions apply)

  • Retaining walls below 1.0m

  • Freestanding sheds under 10sqm

  • Non-structural replacement of windows

  • Wood heaters

Do I need a building permit?

Always check directly with your local authorities before undertaking any construction works.

If you’re unsure if you need a permit for your upcoming project a quick call to your local council’s planning department can save you a nasty shock later down the track.

Read the full Practice Note released by the Victorian Building Authority to fully understand the regulations.

 
 
 

“Why do I need a permit? It’s just a deck.”

Sometimes owners can get frustrated by the requirements of a building permit. Permits are a bureaucratic affair but they are there primarily to protect you and the public. That’s why the emphasis on the requirements list is on any structural works. If a deck collapses there may be some bruises and embarrassment, an elderly person could trip and hurt themselves very badly, or a child could be mortally injured. The authorities have assessed the risks and decided that it’s not worth any structural work being built not to code.

 

“Okay, I need a building permit, now what?”

Building permits are assessed and submitted by Building Surveyors. Councils typically have some in-house building surveyors but Victoria has a number of independent Building Surveyors too.

Here are a number of items a Building Surveyor may require before they can issue a building permit on a typical single-residential project:

  • Architectural Drawings

  • Architectural Specifications

  • Structural Engineers Drawings

  • Structural Engineers Computations

  • Energy Assessment

  • Geotechnical Engineering Soil Report

  • Town Planning Permit

  • Certificate of Title

This is by no means a comprehensive list of projects that you may wish to undertake nor a comprehensive list of Building Permit items (which we will cover in a later post) but does start to raise the questions of cost - none of the items in that list are free.

 

Planning a Renovation or New Build?
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Inclusions

  • On-site Briefing Session: We walk your site together, explore how you live, and understand the goals, challenges and long-term intentions for your home.

  • Site & Planning Review: A clear explanation of zoning, overlays, services and any constraints that may influence your options in plain English.

  • Inspiration Snapshot: A curated overview of style and materials so we begin with shared visual direction.

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  • Cost Comparisons: Independent cost guidance for each pathway so you understand the implications of scope, materials and construction approach.

  • Complete Project Budget: A forecast of consultants, approvals and contingencies for a realistic view of total project investment.

For renovation projects, existing floor plans (including realestate.com.au marketing plans) are usually sufficient. If no plans are available, a site measure may be required and will be confirmed with you before proceeding.

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Your Home Masterplan Report completes the Clarity and Options stages of our process. From here, you can pause, refine or move into the Certainty stage with a clear understanding of what is right for your family.

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Need Help with Permits? Here’s Your Next Steps

Not sure if you need a permit? The best place to start is your local council or the Victorian Building Authority.


Check out the official regulations here:

 

A Quiet Word to the Wise:

When you decide to sell your property, a buyer (or their team) doing their due diligence may request a Building services: Approval 51 (1) Report from council. This includes:

“Building Regulations 51(1) a. details of any Building Permit or Certificate of Final Inspection issued in the preceding 10 years; and b. details of any current determination made under Regulation 64(1) or exemption granted under Regulation 231(2); and c. details of any current notice or order issued by the relevant building surveyor under the Act.”

So even if you don’t “get caught” (which likely results in a big fine and rectification costs) you may be devaluing your home when it comes to sell if you have non-permitted works which council may require torn down or a lengthy post-construction approval process. Whisker Architecture will only be involved in fully compliant projects.

If you are a purchaser who is concerned that works may have been done without a permit talk to an insurance adviser as Title Insurance may be worth looking into.

Audrey Whisker

Audrey is a Melbourne architect with over 10 years’ experience in the industry. Her experience working on a variety of projects including residential, multi-residential, education, workplace, and hospitality has led to a human centred design approach. Her interest is in how people interact with public and private spaces, and how those spaces in turn influence how we act. Audrey Whisker is a Certified Passive House Designer passionate about inclusivity and accessibility.

https://www.whiskerarchitecture.com
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