Banyule BPI - Building Permits & Inspections

When Do I Need A Building Permit?

The Building Act 1993 & Building (interim) Regulations 2005 legislate that building work must be subject to the issue of a building permit prior to that work commencing.

The building permit is the key part of that process and ensures, amongst other things that certain practitioners are registered and carry insurances, that adequate documentation is prepared to correctly construct the building , an independent review of that documentation occurs. Key stages of the work are independently inspected and the building is independently assessed as completed and/or suitable for occupation. Other benefits include provision of certainty of compliance prior to building work commencing for owner builders and building insurers, and ease of preparation of compliance reports, which may be required at the sale of the property.

The same building regulations also however reflect that some building work is of such a minor nature that the protection's and advantages that a building permit can provide are not necessary or will not be achieved. In these cases the Building Regulations exempt owners from having to obtain a building permit. These exemptions were amended on 14th June 2005. The purpose of the new exemptions is to legitimise all minor building work which previously required a building permit but for which the permit process added little benefit or value.

You don't require a building permit if your project fits into the following criteria

Repair work done for maintenance purposes (ie replacing rotted weatherboards)

Construction or demolition of a Class 10 building (non-habitable outbuilding) or alterations to any other building, if the building work -

Examples of common types of building work are included on this page. You should always contact Banyule Bpi if you are unsure. Also be aware of the notes below.

1. A freestanding Class 10a building that-

(a) has a floor area not exceeding 10m2; and

(b) is no more than 3m in height; and

(d) is located no further forward on the allotment than the front wall of
the building to which it is appurtenant; and

(e) is not constructed of masonry.

Note: The consent of a service authority may be required to construct a Class 10a building 10m² or less in area over an easement vested in that authority under another Act.

2. Repair, renewal or alteration of a part of an existing building, if the building work-

(a) will not adversely affect the structural soundness of the building, and does not include-

(i) an increase or decrease in the floor area or height of the
building; or

(ii) the removal or alteration of any element of the building that is
contributing to the support of any other element of the building;
or

(iii) underpinning or replacement of footings; and

(b) is done for maintenance or renewal purposes using materials commonly used for the same purpose as the material being replaced; and

(d) is not work carried out on, or in connection with, a building included on the Heritage Register established under the Heritage Act 1995; and

(e) will not adversely affect a safety measure.

Note: This building work may require approval from the Executive Director under the Heritage Act 1995 or of the National Trust of Australia (Victoria). Certain building work that does not require a building permit may require a planning permit under the Planning and Environment Act 1987 or may be in a heritage overlay and be required to be maintained using particular materials.

If the contract price for the carrying out of domestic building work is more than $5000, the builder is required to enter into a major domestic building contract with the owner under the Domestic Building Contracts Act 1995.

3. Any building that is not of a Class listed in clause A3.2 of Volume One
of the BCA and clause 1.3.2 of Volume Two of the BCA.

4. A building used only temporarily for the duration of building work-

(a) construction purposes; or

(b) display purposes.

5. Temporary structures other than those to which regulation 1104 applies.

6. A swimming pool with a depth not exceeding 300mm.

7. A fence (other than a fence forming part of a safety barrier for a swimming pool or a fence forming part of a children's service outdoor play space)-

(a) not exceeding 2m in height; and

(b) not exceeding 1.5m in height when within 3m of a street
      alignment and which is not constructed of masonry, concrete
      or the like; and

(c) not exceeding 1.2m in height when within 3m of a street
alignment and which is constructed of masonry, concrete or the
like; and

(d) not exceeding 1m in height above the footpath when within 9m
of a point of Intersection of street alignments; and

(e) not having barbed wire or the like within 150mm of a street
alignment.

8. A chain wire fence surrounding a tennis court.

9. Any sign that is-

(a) less than 3m from a street alignment and does not exceed
1m in height above ground level; or

(b) not less than 3m from a street alignment and does not exceed-

(i) a height of 8m above ground level; and

(ii) 6m2 in display area.

10. Any mast, pole, antenna, aerial or similar Class 10b structure-

(a) attached to a building and which does not exceed a height of 3m above the highest point of the attachment to the building; or

(b) not attached to a building and which does not exceed a height
of 8m.

11. Any facility (within the meaning of paragraph (b) of the definition of
       "facility" in section 7 of the Telecommunications Act 1997 of the
        Commonwealth) and construction or demolition of such a facility by
        a carrier (within the meaning of that section).

12. Any retaining wall less than 1m in height that is not associated with
other building work or with protection of adjoining property.

13. A pergola appurtenant to a Class 1a building, if the pergola-

(a) has a floor area not exceeding 20m2; and

(b) is not more than 3m in height; and

14. A re-locatable building that is a movable unit within the meaning of the Housing Act 1983 that is constructed for a community service and is to be used or intended to be used to provide temporary accommodation on a non-profit basis if-

(a) the building has a floor area not exceeding 20m2; and

(b) the building is located no further forward on the allotment than
the front wall of the building to which it is appurtenant; and

(d) the building or building work will not adversely affect the safety
of the public or the occupiers of the building; and

(e) the building is set back from an allotment boundary not less
than 1m; and

(f) the building does not exceed a height of 3.6m; and

(g) the building work will not involve construction over an easement

vested in the council or other authority specified in regulation
310.

15. A relocatable building used as a State School (within the meaning of the Education Act 1958), a school (within the meaning of Part III of that Act), or a TAFE Institution (within the meaning of the Vocational and
Education Training Act 1990) if-

(a) the building has a floor area not exceeding 300m2; and

(b) the building or building work will not adversely affect the
structural soundness of that, or any other building; and

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