Do I need a planning permit for Building Work?

Most of us are familiar with the rules and process for getting a building permit. With planning permit requirements, this is not necessarily so. If you are undertaking any building work, you’ll need to find out whether your project requires a planning permit, a building permit, or both.

Customers, suppliers, even friends may tell you, you don’t need a planning permit. Victorian laws may say otherwise, so it is best to check for yourself. You don’t want to find out after the fact when applying to a building surveyor for your building permit!

One way to get information about whether you need a planning permit is to go online. The Government has an online planning tool called Vicplan that can be found at mapshare.maps.vic. gov.au/vicplan. This gives you planning property information, access to planning maps and links to the local council’s planning scheme. Basically the site will help you determine whether there are any controls on the land that require you to apply for a planning permit.

Alternatively, you can consult with the council or a planning consultant for advice on planning permits required.

Planning permits

Planning permits give permission to develop or use land in a particular way. You may require a planning permit for a new dwelling, but you may also require one for an extension, a renovation or an additional dwelling on the land.

“Planning permits give permission to develop or use land in a particular way.”

Even small buildings may need a planning permit. Building works for one dwelling on a lot of less than 300m2 or in some instances less than 500m2, depending on your council area, may require a planning permit. If required, the planning permit will determine all of the siting matters (the location and dimensions of structures). You may also need to get a planning permit for tree and vegetation removal. In some cases you may need to prepare a ResCode assessment as part of a planning approval for a single dwelling.

After a planning permit is issued, you should check all the conditions written in to make sure you can understand and comply with everything.

Also if you receive a permit but it contains conditions you want to question or if your application for a permit has been refused by Council, there are actions you can take.

Decisions made by Councils can be appealed and reviewed by either the council or the Victorian Civil and Administrative Tribunal (VCAT). Best to consult with a planning expert.

Report and consent

Not all developments for a single dwelling require a planning permit. Where a single dwelling can be approved through an application for a building permit, the siting matters are prescribed under Part 5 of the Building Regulations 2018.

However, where the siting of the dwelling does not comply with these siting regulations, a report and consent of the relevant authority (Council) would need to be obtained at the time of applying for the building permit application.

You can consult with the council or your building surveyor for advice on report and consent process. A report and consent decision can only be appealed to the Building Appeals Board (BAB).

“You can consult with the council or your building surveyor for advice on report and consent process. A report and consent decision can only be appealed to the Building Appeals Board (BAB).”

HIA Members can call us on 1300 650 620 for further information and general building and planning advice and information.