What is a building permit?
A building permit is a document issued by a building surveyor that allows building work to occur.
It includes:
- Details of the building work,
- Persons involved in the building work,
- Any conditions on the building work, and
- Endorsed plans and specifications that detail how the building work will be carried out.
A building surveyor can only issue a building permit once they are satisfied that sufficient details and documentation have been submitted by the applicant.
The documentation needs to demonstrate that the proposed building work will comply with the Building Act 1993 (Act), Building Regulations 2018 (Regulations), National Construction Code (NCC) and referenced documents within the NCC.
Who needs a building permit?
It is the responsibility of the property owner where the building work is proposed to obtain the building permit. However, anybody doing building work at that property is also responsible to ensure that a building permit is in place before carrying out any building work.
When is a building permit required?
A building permit is required for all building work, unless an exemption exists in Schedule 3—Exemptions for building work and buildings in the Regulations. This includes building work such as new buildings, extensions, alterations, demolition, excavation work associated with building work, and also includes minor structures such as verandahs, pergolas, carports, garages, sheds, re-stumping, fences, retaining walls, swimming pools, spas and swimming pool and spa barriers.
The building permit requirements are not dependent on the cost of the building work and very few exemptions are allowed by the Regulations. Further information on when a building permit is required can be found in Practice Note BP 01 When is a building permit required from the Building and Plumbing Commission (BPC) website.
How do I get a building permit?
To get a building permit, you will need to submit a building permit application to your chosen registered building surveyor. Some local registered building surveyors can be found on our list of Professional Consultants. Your building surveyor will issue the building permit, lodge a copy with Council, carry out inspections during construction and issue a certificate of final inspection or occupancy permit upon completion of the building work.
Your building permit application will need to be accompanied by sufficient design documents and information to demonstrate to your building surveyor that the proposed building work will comply with the Act, Regulations and NCC. To ensure that your design is adequately prepared to be submitted as part of a building permit application process, you may need to engage other professional consultants such as a building designer/draftsperson/architect and/or engineer.
This supporting documentation need to include items such as a copy of title, plan of subdivision, builders warranty particulars, site plan, floor plan, elevations, sections, engineering design and computations, soil report, project specifications, energy efficiency report and the like, depending on the size and complexity of your project.
What happens if I don’t get a building permit?
Latrobe City actively investigates and pursues enforcement and legal action against owners and persons responsible for illegal building work within its municipal district. The BPC in some instances may also investigate and prosecute offences with the Act.
Commencing building work without a building permit is a serious offence and can result in severe penalties. Under the Act, penalties of up to $70,000 for individuals and $350,000 for corporations can apply for single offences.
Unapproved building works can also have ramifications on your property insurance and cause issues when the time comes to sell your property.
Will my building project need other approvals?
If you plan on undertaking and organising some or all of the building work yourself you may also need a certificate of consent to be an owner builder from the BPC.
Your project may also require a planning permit and/or other council or agencies approvals (such as an Asset Protection Permit and bond) and it is strongly advised that you make relevant enquires and/or seek expert advice from a building consultant.
Protection of adjoining properties
An owner who is proposing building work has obligations under Section 84 of the Act and Regulation 111 of the Regulations to protect adjoining properties from potential damage from their building work.
Under Section 84B of Building Act, if you require the contact information for the adjoining landowner, please complete the Request for Ownership Details for Building Protections Works form, and return via latrobe@latrobe.vic.gov.au, or submit at any service centre. You can only use this information for the purpose of Building Protections Works.
Further information can be found on the BPC's website: protecting adjoining properties.
Where can I find more information?
If you have any questions about your building permit obligations or your building project, please contact a member of Latrobe City’s Building Services team by telephone 1300 367 700 or email latrobe@latrobe.vic.gov.au for specific advice, or visit the related links below.
Related Links