Do I need a permit for a deck?

When does a deck need a building permit?

A building permit deals with the building work itself: its structure, its safety and how it is put together. In Victoria it is issued by a building surveyor, either through your council or by a private building surveyor you appoint. Many decks need one. Some small, low decks may be exempt, but the exemptions depend on the current requirements and on your block, so treat "it is only a deck" as a question rather than an answer.

The things that usually decide it:

• Height above the ground. A deck that sits well above the ground, or that needs a balustrade, is far more likely to need a building permit than a platform close to ground level.
• Size. Larger decks are more likely to need one.
• Attachment to the house. A deck fixed to the house, or carrying a roof, may be treated differently from a freestanding platform in the garden.
• What is beneath and around it: a pool, a steep slope, an easement or a boundary.
• Structure: posts, bearers, joists, footings and whether the design can carry the loads expected of it.

Building work should not start until any permits it needs are in place. If you are not sure, ask a building surveyor or your council before you order the timber.

When does a deck need a planning permit as well?

A planning permit is a different document. It is issued by your council under the local planning scheme and deals with how land is used and developed: siting, size, appearance and the effect on neighbours. Many decks do not need one, but some do.

The usual triggers are overlays and position. Heritage overlays can bring external changes into the planning system even when they are modest. Vegetation, flood and bushfire related overlays can apply too. A deck close to a boundary, in front of the house, or on a block with conditions from an earlier permit can also need planning approval.

Your council confirms whether an overlay affects your block; our guide to how your suburb changes what to inspect and which permits apply explains why the answer varies from street to street.

A project may need a building permit, a planning permit, both or neither. The pillar guide on which permits you need for building work in Victoria walks through the difference in more detail.

Who decides, and what does VicWide do?

Decisions sit with the relevant building surveyor for the building permit and with your council for the planning permit. Nobody else can promise an approval, a condition or a timeframe, and we do not.

What we do is help you understand which permits may apply to your deck, identify the documents and information the relevant authority commonly asks for, and organise your application material so it is clear and complete before you lodge it. Where a designer, draftsperson or builder is involved, we can help keep everyone working from the same information. See permits and approvals for the full scope.

What will the building surveyor or council ask for?

The detail varies, but a building permit application for a deck commonly needs:

• A site plan showing where the deck sits on the block and its distance from the boundaries.
• Drawings showing size, height, posts, bearers, joists, footings, stairs and balustrades.
• Details of materials and fixings.
• Where the design needs it, engineering for footings or structural members, especially on sloping sites or reactive clay soils.
• Evidence of any planning permit, or confirmation that none is needed.
• The owner's and builder's details, and for owner-builders, the paperwork that applies to them.

Gathering this is often where delays happen. If you are not sure what plans and certificates already exist for your property, our property paperwork service can help you work out what you have and what is missing. Owner-builders have their own obligations, and may need an inspection report before selling a home they worked on; our page for owner-builders explains that, and the Victorian building regulator publishes the current requirements.

What if the deck is already built?

Decks built without a permit are common, often by a previous owner. If you have bought a home with one, or built one yourself before checking, it may be possible to apply for a permit after the fact. The building surveyor decides what is needed, which can include an inspection of the work as built, engineering, and changes to bring the deck into line with the current requirements. In some cases a deck may need to be altered or removed.

Before you apply, it helps to have an independent record of the deck's visible condition: posts, footings, fixings, timber decay, movement and the balustrade. A general condition and timber pest check of a home you already own can note those things, and a report that describes what is visible is useful when you talk to the surveyor. It is not a certificate, and it does not replace the surveyor's own assessment.

If you are selling, your conveyancer or lawyer can tell you how unpermitted work should be dealt with in the vendor's statement.

What happens once a permit is issued?

The building permit sets out the mandatory inspections for the work, carried out by, or on behalf of, the relevant building surveyor at the stages the permit names. Those statutory inspections are part of the permit and are not something you choose.

Independent inspections you commission are a separate thing. Some owners ask us to look at a deck during or after construction for their own information, for example before making a final payment to a builder. That can be useful, but it never replaces the surveyor's mandatory inspections, and a report describes what was visible on the day rather than approving the work.

If your deck sits near a pool or spa, remember that pool and spa barriers in Victoria have registration and inspection requirements of their own, and a new deck can change how the barrier works. Our pool barrier check page and the guide to pool and spa barrier requirements in Victoria explain where to start; your council confirms what applies.

Not sure what your deck needs? Tell us about the deck, the block and any plans you already have, and we will help with the next step: call 0406 194 163 or send an enquiry and we will come back to you.

Sources and authorities

These public sources set out the requirements this guide refers to. They are the places to confirm what applies to your property; we help you understand and prepare for them.

• Building and Plumbing Commission: when building work needs a building permit, a planning permit or both, and how the mandatory inspections are set on the permit.
• Planning Victoria: what a planning permit is and how an application is decided.