When do I need a Building Permit in Victoria?

If you're planning on undertaking a building project in Victoria, it's important to know when you need a building permit. The Building Act 1993 (Vic) and Building Regulations 2018 (Vic) set out the requirements for obtaining building permits in Victoria. In this blog, we'll cover when you should apply for a building permit, exemptions, who issues them, can you get a building permit after the fact, how to apply, and why you should consider using a professional building surveyor like Code HQ.

You should check with a building surveyor whether you need to apply for a building permit before commencing any building work, including new constructions, alterations, renovations, and extensions to existing buildings, fences, pools and spas, decks, verandahs and the list goes on. Even if you're planning a small project like a garden shed, you will likely still need to obtain a building permit. Failing to get a building permit can lead to penalties, fines, and even legal action from Council or the Victorian Building Authority. A building permit ensures that the construction work is safe, compliant with the Building Code of Australia (BCA) and Victorian building legislation.

There are some exemptions to building permits, including certain types of maintenance work, such as painting or retiling, that don't affect the structural integrity of the building. Other exemptions include small-scale construction, such as a pergola (unroofed structure) under 20 square meters, or a small shed under 10 square meters and less than 2.4m in height. However, it's important to check with a building surveyor or your local Council as exemptions can vary depending on the location and specific circumstances.

In Victoria, building permits can be issued by either a private building surveyor or the local Council, however most of the Councils no longer issue building permits. A private building surveyor is a registered building practitioner who is authorized to issue building permits, carry out building inspections, and issue occupancy permits or certificates of final inspection. The advantage of using a private building surveyor is that they can offer a more streamlined and efficient service than the local council. They can also offer expert advice and guidance throughout the building process.

If you have already commenced building work without a building permit, you won’t be able to apply for a building permit retrospectively. However, you may be able to have your illegal works “certified” by a private building surveyor. This can be a complex and time-consuming process, and it's important to seek expert advice from a professional building surveyor or local council before proceeding. As a result, this service typically incurs additional fees, inspections, and requires you to engage with other consultants such as draftspersons and engineers to assist in the certification of the illegal works, so it is in your best interest to obtain a building permit before carrying out any works.

To apply for a building permit in Victoria, you need to submit a Building Permit Application Form (Form 1) to either a private building surveyor or the local council. The application should include detailed plans and specifications of the proposed building work, including structural drawings, site plans, and engineering details. The application fee will vary depending on the scope and complexity of the project.

Once the application has been lodged, the building surveyor or council will assess it against the relevant building regulations and the BCA. They may request further information or clarification if required. Once the application has been approved, the building surveyor will issue a building permit, which will outline the conditions and requirements for the building work. The building permit will also specify the mandatory stages that they will require an inspection throughout the building process..

If you're planning a building project in Victoria, it's important to choose a professional building surveyor who can provide expert advice and guidance throughout the process. Code HQ is a leading provider of building surveying services in Victoria, with a team of experienced and qualified building surveyors and inspectors who can assist with all aspects of the building process, from obtaining building permits to carrying out inspections and issuing Occupancy Permits and Certificates of Final Inspection.

Code HQ also offers a range of other services, including:.

• Building permits and approvals
  
• Building inspections and audits
  
• Pool Barrier compliance and advice
  
• Essential Safety Measures, Fire Maintenance & Inspections
  
• Maximum Patron Capacity Reports for your Liquor License application