Building work in Victoria sits under two separate permit systems, and most confusion comes from mixing them up. A building permit deals with the work itself. A planning permit deals with how land is used and developed. A project may need one, the other, both or neither, and the answer depends on the work and on the property it sits on.
This guide is the starting point for our permits and council guides. It explains the two permits, who issues them, which common projects raise the question, what changes the answer on a particular block, and what happens after a permit is issued. Each section is covered in more detail in its own guide as the series grows. Where a rule depends on current requirements, we say so and point you to the authority that confirms it.
Building permit or planning permit: what is the difference?
A building permit is about the building work: its structure, its safety, and how it is put together. It is issued by a building surveyor before work starts, and it carries mandatory inspections at set stages of the work. Extensions, new homes, structural changes, many outbuildings and some smaller structures commonly need one.
A planning permit is about land use and development. It is administered by your council under the local planning scheme and considers things like the siting and size of a building, how the land is used, and any overlays that apply to the block. A planning permit is not needed for every project, but when it is, it usually has to be in place before a building permit can be issued.
The two are decided by different people against different questions. A project can need a building permit without a planning permit, for example a straightforward extension on a block with no overlays. It can need both, for example the same extension on a heritage block. And a small, low structure in the right spot may need neither. The council and the relevant building surveyor confirm which applies.
Who issues building and planning permits in Victoria?
Building permits are issued by a building surveyor. In Victoria you can use a building surveyor through your council or appoint a private one; either way, the building surveyor is the person who assesses the application, issues the permit, carries out or arranges the mandatory inspections and deals with the paperwork at the end of the job. We refer to them throughout our guides as the relevant building surveyor.
Planning permits are issued by your council. The council's planning department assesses the application against the planning scheme, may advertise it to neighbours, and may attach conditions to a permit it grants.
Building permits sit within the framework overseen by the Victorian building regulator, and planning permits within the state planning framework; those set the rules the building surveyor and the council apply. Our role is different. Our permits and approvals service helps you understand which permits may apply and prepare what the authority asks for. Decisions always sit with the council, the building surveyor or the relevant authority, and no one can promise an approval or a timeframe.
Which projects commonly need a permit?
The projects below are the ones people ask about most. In every case the answer depends on the size, height, position and construction of the work, on the property, and on the current requirements, so treat each note as a prompt to check rather than a rule.
- Decks, pergolas and verandahs: height above ground, size and distance from boundaries commonly decide whether a building permit is needed. A planning permit may be added by an overlay.
- Carports, garages and garden sheds: floor area, height, position on the block and whether the structure is attached to the house are the usual factors. Small sheds may be exempt; larger ones often are not.
- Fences and retaining walls: height and position matter for both. A retaining wall that holds back soil near a boundary or a building commonly needs a building permit; a tall or front fence may need planning consideration.
- Removing a wall inside the house: if the wall is load bearing, a building permit is commonly needed. Working out whether it is load bearing is a question for a building practitioner or an engineer, not a guess.
- Bathroom and kitchen renovations: like-for-like replacement of fittings often needs no permit, but moving walls, changing structure, altering windows or affecting waterproofing can change that.
- Granny flats and second dwellings: these usually involve both planning and building questions, because a second dwelling changes how the land is used.
- Swimming pools and spas: a building permit is commonly needed for the pool and its barrier, and Victoria also has registration and barrier inspection requirements that sit with your council. Our pool and barrier inspection service explains what may apply.
- Demolition: demolishing a house commonly needs a building permit and may also need council consent, particularly on a heritage block.
- Subdivision: splitting a block is a planning matter through the council, and the new lots can carry their own conditions.
We cover the most common of these in their own guides as the series grows. The common thread is that the size and position thresholds change, and that a block's overlays can turn a "probably not" into a "yes".
How do overlays, zoning and easements change the answer?
Two identical sheds on two different blocks can get two different answers. The difference is usually in the planning scheme.
Zoning sets what the land is broadly for, such as residential use, and shapes what can be built. Overlays sit on top of the zone and add controls for a particular reason: heritage, flooding, bushfire, vegetation, neighbourhood character and others. A heritage overlay can bring demolition, external changes and even fences into the planning permit system. A flood overlay can affect floor levels and siting. A bushfire overlay can affect construction standards and what is permitted on the land.
Easements are a different layer again. An easement gives someone else, often a water authority or the council, rights over part of your land, usually for drains or sewers. Building over or near an easement generally needs the consent of the authority that holds it, on top of any permit.
None of these can be assumed from the street. The council's planning scheme and the title for the property show what applies, and the council confirms it. If you are buying with plans to build, this is the moment to ask; our guide to inspections before buying a home in Victoria covers what to check about a block before you commit.
What happens after a building permit is issued?
A building permit is the beginning of a process, not the end of one. The permit sets out the approved work and the stages at which mandatory inspections must take place. Those inspections are carried out by, or on behalf of, the relevant building surveyor, and work generally cannot move past a stage until that inspection has happened. At the end of the job, the building surveyor deals with the final paperwork for the permit.
It helps to be clear about what those mandatory inspections are and are not. They are a check that the work at that stage is consistent with the permit and the applicable requirements. They are not intended as a detailed quality check from the owner's point of view, and they are not a report to you on finish, completeness or workmanship.
That is where independent inspections come in. New-building inspections are stage inspections you commission for your own information while a home is being built. They are separate from the mandatory inspections, they do not replace them, and they do not affect the permit. The same distinction applies to a handover inspection before you take possession, and to an owner-builder's report when selling. If you are building as an owner-builder, our owner-builder inspections page explains the independent reports we provide; check your other obligations with the Victorian building regulator.
One more point for anyone building near a boundary: where building work could affect a neighbouring property, protection works may be required, and the building surveyor's process covers them. Neighbours on the other side of that fence often ask us for a dilapidation report before the work starts, which records their property's visible condition on a dated basis.
What if work was done without a permit?
It is common to discover, when buying or selling, that a deck, a carport or an extension has no permit on record. Sometimes the work was exempt. Sometimes a permit was obtained and the paperwork was lost. Sometimes it was built without one.
The first step is to find out which. Your council can tell you what permits are recorded for the property, and the vendor's statement in a sale may list building permits issued in recent years. If you hold plans, certificates or old council letters, gather them; documentation assistance is the service we offer for sorting out what you have and what is missing.
Where work genuinely has no permit and needed one, it may be possible to apply for a permit after the fact. The building surveyor decides what is required, which can include an inspection of the work, opening up parts of it, changes to bring it into line, or in some cases removal. Councils can also take their own action on unpermitted work. We cannot predict any of those outcomes; we can help you understand the process and prepare the application material.
An independent inspection cannot confirm whether permits were obtained. It can note visible additions and alterations so that you or your conveyancer know what to ask about. For apartments and units, changes to a lot may also involve the owners corporation, which our guide to buying an apartment or unit in Victoria covers.
Who is responsible for getting the permit, you or your builder?
In most domestic building projects the building contract says who applies for the permit. Often the builder arranges it on your behalf as part of the job, and the permit is issued with the builder named on it. For smaller jobs, or where you are managing trades yourself, the permit may sit with you as owner, and if you take on the building work yourself you may be treated as an owner-builder, with the obligations that come with that.
Whoever applies, the permit relates to the property, and problems with unpermitted work follow the property. Read the contract, ask the builder to confirm in writing who is applying and when, and do not let work start until the permits it needs are in place. If the contract is unclear, your conveyancer or lawyer can advise before you sign.
How do we help with permits, and what should you prepare?
We help you understand which permits may apply to your project, identify the documents and information the relevant authority commonly asks for, organise your application material, and make sense of any request for further information that comes back. Where a designer, draftsperson, engineer or consultant is involved, we can help keep everyone coordinated, as agreed with you. Where a matter needs a town planner or legal advice, we say so.
To get started, it helps to have:
- A plain description of the work, with its rough size and where it sits on the block.
- Any plans, sketches or drawings you already have, even early ones.
- Existing permits, certificates or council correspondence for the property.
- A copy of the title, or at least the address, so overlays and easements can be checked.
- Any deadline you are working to, such as a settlement or a builder's start date.
If you already have a permit and want an independent look at the work as it progresses, tell us the stage you are at. If you are buying and want to understand a property's permit history, tell us that instead; the approach is different.
Not sure which permits your project needs? Tell us about the property and the work, call 0406 194 163, or send an enquiry and we'll come back to you with the next step.
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: Victoria's building regulator, with consumer guidance on building permits, building surveyors and owner-builders.
- Planning Victoria: planning permits, planning schemes, zones and overlays in Victoria.
- Your local council: planning permits, overlays and the permit records held for your property.
