Building Permit Process: A Clear and Comprehensive Guide

If you’re planning on building or renovating a property in Victoria, you’ll likely need to obtain a building permit. A building permit is a written approval that allows building work to go ahead while providing protection relating to the safety, health, amenity, and sustainability of your build. However, not all building projects require a building permit, and possible exemptions may include minor alterations or demolitions.

To apply for a building permit in Victoria, you must complete a Building Permit Application Form (Form 1) and submit it to either a private building surveyor or your local council. The application should include comprehensive plans and specifications of the proposed building work, including architectural drawings, site plans, and engineering. As the building permit process can be complex, it’s advisable to engage a private building surveyor or consultant to assist you with your application and to ensure that you comply with all relevant regulations and standards.

It’s important to note that the building permit process is separate from the planning permit process. While a building permit relates to the construction and safety aspects of a development, a planning permit is concerned with the land use and environmental impacts of a development. In some cases, you may require both a building permit and a planning permit to undertake your building or renovation project.

Understanding Building and Planning Permits

If you are planning on building or renovating a property in Victoria, you will need to obtain the necessary permits. In Victoria, there are two main types of permits that you may require: building permits and planning permits. In this section, we will discuss the distinction between these two types of permits, as well as exemptions and conditions.

Distinction Between Building and Planning Permits

A building permit is a written approval that allows building work to go ahead. It ensures that the building work is carried out according to the approved plans, specifications, and other relevant documentation. Building permits provide you with protection relating to the safety, health, amenity, and sustainability of your build. You will need to obtain a building permit before you start any building work, including demolition, alteration, or addition to a building.

On the other hand, a planning permit is a legal document that gives permission to use or develop land in a particular way. It is issued by your local council and ensures that any proposed development is in line with the relevant planning scheme. Planning permits relate specifically to the use or development of land and may be required in addition to a building permit.

Exemptions and Conditions

Not all building or development work requires a permit. Some minor building works may be exempt from the need for a building permit, while some changes in land use may not require a planning permit. However, it is important to note that even if a permit is not required, you must still comply with all relevant building and planning regulations.

Some examples of exempt building work include the construction of a garden shed, a fence, or a carport that is less than 10m² in area. Some examples of exempt development include minor external alterations to a dwelling, such as painting or the installation of a satellite dish.

In addition to exemptions, there may also be conditions attached to your permit. These conditions may relate to the design, construction, or use of the building or land. Conditions may also relate to the protection of trees, heritage buildings, or other environmental factors.

The Role of Local Council and Authorities

When it comes to obtaining a building permit in Victoria, the involvement of the local council and other authorities is essential. In this section, we will explore the role of local councils, responsible authorities, and referral authorities in the building permit process.

Council’s Involvement

The local council is responsible for issuing planning permits, which are required before obtaining a building permit. The planning permit assesses the impact of the proposed building work on the surrounding environment and community. The council also ensures that the proposed building work complies with the local council’s planning scheme.

Once a planning permit has been obtained, the council will issue a building permit. The building permit certifies that the proposed building work complies with the Building Regulations 2018 and the Building Act 1993. The council also ensures that the building work complies with the relevant Australian Standards and Building Codes.

Role of Responsible and Referral Authorities

In addition to the local council, there are other authorities involved in the building permit process. The responsible authority is responsible for ensuring that the proposed building work complies with the relevant legislation and regulations. The responsible authority may be the local council or another authority, depending on the nature and location of the proposed building work.

Referral authorities are other authorities that may have an interest in the proposed building work. Referral authorities may include government departments, public utilities, and other relevant authorities. Referral authorities are responsible for assessing the impact of the proposed building work on their areas of interest and providing advice to the responsible authority.

Starting the Building Permit Process

If you are planning to undertake any building work on your property in Victoria, you will need to apply for a building permit from the Victorian Building Authority (VBA). Here’s what you need to know to start the application process.

Pre-Application Meetings

Before submitting your application, you may want to consider scheduling a pre-application meeting with the VBA. These meetings can be helpful in clarifying any questions or concerns you may have about the application process, and ensuring that your proposed project complies with all relevant regulations and codes.

During the meeting, you can discuss your project with a VBA representative, who will provide guidance on the application process, building regulations, and other relevant information. You may also be able to get feedback on your proposed plans and identify any potential issues that may need to be addressed before submitting your application.

Filling Out the Application Form

Once you are ready to apply for a building permit, you will need to fill out an application form. The form can be completed online through the VBA’s online self-service portal, VBA360.

The application form will require you to provide detailed information about your proposed project, including the type of building work you plan to undertake, the location of the property, and the estimated cost of the project. You will also need to provide detailed plans and specifications for the proposed work, including site plans, floor plans, and elevations.

Before submitting your application, be sure to review all the requirements carefully and ensure that you have provided all the necessary information and documentation. Incomplete or inaccurate applications may be delayed or rejected, so it’s important to take the time to ensure that your application is complete and accurate.

Understanding Building Regulations and Laws

When it comes to building permits in Victoria, it’s important to understand the various building regulations and laws that govern the process. This will help ensure that your building project complies with all relevant requirements, and that you don’t run into any legal or financial issues down the line.

Planning and Environment Act 1987

The Planning and Environment Act 1987 is a key piece of legislation that sets out the framework for planning and development in Victoria. Under this act, all building work must comply with the relevant planning scheme, which outlines the rules and regulations for land use and development in a particular area.

Before you begin any building work, you should consult with your local council to determine whether you need to obtain a planning permit. This will depend on a range of factors, including the size and scope of your project, as well as the zoning and overlays that apply to your property.

Clause 66

Clause 66 of the Building Regulations sets out the requirements for building permits in Victoria. Under this clause, all building work must have a building permit prior to construction, unless exempted, and it must meet minimum standards of safety and amenity.

To obtain a building permit, you will need to engage the services of a registered building surveyor, who will assess your plans and ensure that they comply with all relevant building regulations and standards. Once your plans have been approved, you will receive a building permit, which will allow you to commence construction.

Building Regulations

The Building Regulations are a set of rules and regulations that govern the construction and maintenance of buildings in Victoria. These regulations cover a wide range of areas, including fire safety, structural integrity, plumbing, and electrical systems.

It’s important to ensure that your building project complies with all relevant building regulations, as failure to do so can result in fines, legal action, and even the demolition of your building. To ensure compliance, you should engage the services of a qualified and experienced building professional, such as a builder or architect, who can guide you through the process and ensure that your project meets all relevant standards.

The Role of Building Surveyors

In Victoria, building surveyors play a vital role in the building permit process. They are responsible for ensuring that construction work is carried out safely, efficiently, and in compliance with building codes and regulations. Building surveyors are independent professionals who are authorized to issue building permits, carry out inspections, and issue occupancy permits or certificates of final inspection.

Registered Building Surveyor

A registered building surveyor is a qualified professional who has been registered with the Victorian Building Authority (VBA). They are authorized to issue building permits, carry out inspections, and issue occupancy permits or certificates of final inspection. They are also responsible for ensuring that building work is carried out in compliance with all relevant building codes and regulations.

Private Building Surveyor

A private building surveyor is a qualified professional who is engaged by the owner or builder of a building to carry out inspections and issue building permits. They are independent of the local council and are authorized to issue building permits, carry out inspections, and issue occupancy permits or certificates of final inspection.

Municipal Building Surveyor

A municipal building surveyor is a qualified professional who is employed by a local council. They are authorized to issue building permits, carry out inspections, and issue occupancy permits or certificates of final inspection. They are responsible for ensuring that building work is carried out in compliance with all relevant building codes and regulations.

Building surveyors play a critical role in the implementation, monitoring, and enforcement of building standards in Victoria through their administration of the building permit system. They are responsible for ensuring that buildings are safe to use, accessible, energy-efficient, and built in keeping with the building permit. By engaging a building surveyor, you can be assured that your building project will be carried out safely, efficiently, and in compliance with all relevant building codes and regulations.

Inspection and Approval Process

If you are planning to build or renovate a property in Victoria, you will need to go through the inspection and approval process. This process involves several mandatory inspections, obtaining a certificate of final inspection, and an occupancy permit.

Mandatory Inspections

During the building process, you will need to schedule mandatory inspections with your building surveyor to ensure that the construction meets the required standards. These inspections include:

• Footings inspection: This inspection is carried out before the concrete is poured for the footings of your building.
• Framing inspection: This inspection is done after the frame of your building has been completed and before the plaster is installed.
• Final inspection: This inspection is done when the building is complete and ready for occupation.

It is important to note that these inspections are mandatory, and failure to comply with them can result in fines and legal action.

Certificate of Final Inspection

Once your building is complete, you will need to obtain a certificate of final inspection. This certificate confirms that the building work has been completed in accordance with the approved plans and relevant building standards.

To obtain a certificate of final inspection, your building surveyor will need to inspect the building and ensure that it complies with the relevant building standards. If the building meets the required standards, your building surveyor will issue a certificate of final inspection.

Occupancy Permit

After obtaining a certificate of final inspection, you will need to apply for an occupancy permit. This permit confirms that the building is safe and suitable for occupation.

To obtain an occupancy permit, your building surveyor will need to carry out a final inspection of the building and ensure that it meets the relevant building standards. If the building meets the required standards, your building surveyor will issue an occupancy permit.

Understanding Plans and Documents

When it comes to building permits in Victoria, there are several plans and documents that you need to be familiar with. Understanding these plans and documents is crucial to ensuring that your building project is approved and completed successfully. In this section, we will discuss the four main types of plans and documents that you need to be aware of.

Site Plan

A site plan is a detailed drawing of your property that shows the location of your proposed building, as well as any existing structures, trees, and other features. The site plan must be drawn to scale and include measurements and dimensions. It is important to ensure that your site plan accurately reflects the size and location of your proposed building, as this will be used to determine whether your building project complies with local zoning regulations.

Floor Plan

A floor plan is a detailed drawing of each level of your proposed building that shows the layout of rooms, walls, doors, and windows. The floor plan must be drawn to scale and include measurements and dimensions. It is important to ensure that your floor plan accurately reflects the size and layout of your proposed building, as this will be used to determine whether your building project complies with local building codes.

Endorsed Plans

Endorsed plans are the final set of plans that have been approved by your building surveyor. These plans will include any changes or revisions that were required during the permit process. It is important to ensure that you have a copy of your endorsed plans on site during construction, as these will be used to ensure that your building project is completed in accordance with the approved plans.

Legal Document

The legal document is the written approval from your building surveyor that allows you to proceed with your building project. This document will include details about your building project, such as the type of construction, the size and location of the building, and any special requirements or conditions. It is important to ensure that you have a copy of your legal document on site during construction, as this will be used to demonstrate that your building project has been approved and is being completed in accordance with local regulations.

Fees and Levies

When applying for a building permit in Victoria, you will need to pay certain fees and levies. These fees and levies are necessary to cover the costs of regulating the building industry and ensuring that buildings are safe and compliant with relevant laws and regulations.

Application Fee

The application fee is a one-time fee that you must pay when you submit your application for a building permit. This fee covers the cost of processing your application and conducting any necessary inspections.

The amount of the application fee varies depending on the cost of the works you are proposing and the type of building work you are undertaking. You can use the Victorian Building Authority’s fee calculator to estimate the application fee for your project.

Building Permit Levy

In addition to the application fee, you will also need to pay a building permit levy. The building permit levy is payable on the issue of every building permit with a cost of works greater than $10,000 (including materials, labour and GST), unless otherwise exempt.

The amount of the building permit levy is calculated based on the cost of the works you are proposing. The actual amount of levy payable to the VBA for each building permit is verified by the Building Activity Management System and dependent on the accuracy of supporting information lodged with building permit number application, which may be subject to reassessment under the Building Act 1993.

It’s important to note that the building permit levy is separate from the application fee and must be paid in addition to the application fee. You can also use the Victorian Building Authority’s fee calculator to estimate the building permit levy for your project.

The Building Permit Application Checklist

Applying for a building permit is a process that involves several steps and requires a variety of documents. Here’s a typical checklist that a building surveyor might provide:

1. Appointment of a Private Building Surveyor form, signed by the owner.
2. Application for Building Permit Form and Terms of Engagement forms.
3. Certificate of title, Plan of subdivision (allotment plans), and other relevant title documents.
4. Storm Water Legal Point of Discharge from Council (if applicable).
5. Property & Planning Information Certificates from Council.
6. Report & Consent documents from Council (where applicable).
7. Planning Permits copies from Council (where applicable).
8. A copy of Site Plans showing all relevant information.
9. A copy of fully dimensioned Architectural Plans and Elevations.
10. A copy of Engineering Designs, geotechnical reports, structural designs, drawings, details, computations, footings systems, retention systems, drainage system, tanking systems.
11. A copy of Energy Rating reports and stamped plans.
12. Certificate of Compliance (from all design engineers).
13. Domestic Contracts Insurance Certificate where cost exceeds $16,000 (not applicable to owner builders).
14. A copy of Building Specifications for the building works.
15. Protection Works Notices (Forms 3 &4) (where required).
16. Owner Builder Certificate of Consent – applicable for domestic building work over $16,000.
17. Septic Tank Permit from Council (if applicable).

Dealing with Objections and Appeals

If you have an objection to a building permit proposal, you can take certain steps to address it. In Victoria, objections to planning permit applications can be lodged with the relevant council. Objections must be made in writing and should clearly state the reasons for the objection and how you would be affected by the grant of the permit. The council will consider your objection in their deliberations before deciding to grant or refuse the permit.

Objecting to a Proposal

If you wish to object to a proposal, it is important to do so within the specified time limit. This time limit is usually 14 days after the application is advertised. You can contact the local council to find out if they have a prescribed form for objection.

When making an objection, it is important to clearly state your reasons and how you would be affected by the grant of the permit. You may also want to consider seeking legal advice to ensure your objection is effective and to help you understand the process.

Victorian Civil and Administrative Tribunal (VCAT)

If your objection is unsuccessful, you may be able to appeal the decision to the Victorian Civil and Administrative Tribunal (VCAT). VCAT is an independent tribunal that hears and decides on a range of planning disputes, including objections to planning permits and planning scheme amendments.

To appeal to VCAT, you must do so within 60 days of the council’s decision. VCAT will then consider your appeal and make a decision based on the evidence presented. It is important to note that VCAT’s decision is final and binding.

If you are considering appealing to VCAT, it is recommended that you seek legal advice to help you understand the process and your chances of success. VCAT also provides information and resources on their website to help you prepare for your hearing.

Dealing with objections and appeals can be a complex process, but it is important to understand your rights and options. By following the correct procedures and seeking advice when necessary, you can ensure that your objection or appeal is heard and considered fairly.

Frequently Asked Questions

When is a planning permit not required in Victoria?

A planning permit is not required for some minor works such as repainting your house, replacing your fence or building a small garden shed. However, if you are planning a major renovation or new construction, you will likely need a planning permit. It is recommended that you check with your local council to determine if your project requires a planning permit.

Do I need a building permit for a bathroom renovation in Victoria?

Yes, a building permit is required for most bathroom renovations in Victoria. This is because bathroom renovations often involve plumbing and electrical work, which require permits. It is important to note that if you are only replacing fixtures such as a toilet or sink, you may not need a building permit.

What is required for a building permit in Victoria?

To obtain a building permit in Victoria, you will need to submit detailed plans and specifications of your project, along with any necessary permits and approvals. You may also need to provide evidence of compliance with relevant building codes and standards. It is recommended that you engage a registered building practitioner to assist you with the permit process.

How long does it take to get a building permit approved in Victoria?

The time it takes to get a building permit approved in Victoria can vary depending on the complexity of your project and the workload of your local council. However, most permits are approved within 10-20 business days. It is important to note that you cannot commence work until you have received your building permit.

What can you build without a permit in Victoria?

There are some minor works that can be undertaken without a building permit in Victoria, such as garden sheds under 10 square metres, decks and verandahs under a certain size, and some fences. However, it is important to check with your local council as there may be specific requirements or exemptions that apply.

How much does a building permit cost in Victoria?

The cost of a building permit in Victoria depends on the value of your project and the type of work being undertaken. Generally, the cost of a building permit is calculated as a percentage of the total cost of the project. It is recommended that you contact your local council for an estimate of the permit fees that will apply to your project.

Wrapping Up

Understanding the Victoria building permit process is vital for a smooth and successful construction project. From understanding the application requirements to navigating the approval process, it’s crucial to have expert guidance. If you have any questions or need assistance with the building permit process, contact SQM Architects. Their experienced team is here to provide the necessary support and ensure your project meets all the necessary requirements. Take action today and reach out to SQM Architects for expert assistance.