When is an Asset Protection permit required?

An Asset Protection permit aids Council in ensuring public assets and infrastructure are not damaged as a result of building work (including demolition work) being carried out. The permit also protects the applicant against paying for damage that may have existed prior to starting their building work.

A builder must: (a) obtain an Asset Protection permit before carrying out the building work or allowing the building work to be carried out on that land; and (b) not carry out or allow to be carried out building work on that land unless an Asset Protection permit has been obtained. 

Once Council has received notification from your building surveyor of intended building and/or demolition works, a letter with an application will be sent to the property owner notifying of the requirement to obtain an Asset Protection permit prior to commencing the intended works. 

Upon application, Council's Asset Protection Officer will undertake an inspection of the area surrounding the property within 7-10 working days of the application.  The application will then be processed and the permit will be issued upon payment of the application fee and security bond. 

The applicant is required to:

• provide a copy of current Public Liability Insurance;
• complete the Asset Protection Permit Application; and
• pay the permit fee and security bond.

The application fee and security bond must be paid upon application otherwise the application will not be accepted. 

Please fax, email or lodge in person the completed application, payment of fees, and all associated documents to: City of Port Phillip Development Permits Department, 99a Carlisle Street St Kilda Victoria 3182, phone (03) 9209 6216, fax (03) 9536 2745, email devpermits@portphillip.vic.gov.au.

Fees and charges:

• $175.00 permit fee +
• Price on Application security bond

The applicant will be required to pay a non-refundable permit fee of $175.00.  This fee is required to meet the costs of administration and inspections associated with the permit. 

A security bond is also required in addition to the permit fees.  The bond amount will be determined after a site inspection but is typically between $1,500 to $5,000 for typical building works to single dwellings on a residential lot.  The security bond amount for building works involving house removals, multiple dwellings, commercial or industrial developments will be determined based on the scope of works and based on the likely costs of repairing potential damage to public assets arising from the building work.  The security bond will be refunded at the end of the building work to the permit holder provided there has not been any damage to Community assets as a result of the building works. 

Please note:

1. Council's assets must not be damaged by the building works.  Any damage may result in fines issued to the permit holder and/or builder.
2. Council reserves the right to undertake all rectification works for damage to Council's assets and will deduct these costs from the security bond.  Council will seek to recover any further costs if the bond does not cover the rectification costs.
3. If building works commence without an Asset Protection permit, infringement notices may be issued to the property owner and/or builder for failing to comply with the Council's Local Law.  In this situation, Council will assume that there was no existing damage to public assets prior to the commencement of the building works.
4. Any damage to Council's assets by Service Authorities will be the owner's/permit holder's responsibility.
5. A minimum of three days notice is required for all inspections. 

At the completion of all building and associated works, the applicant will be required to submit a Request for Final Inspection form to Council. Council will then inform you in writing of the outcome of this inspection. 

The security deposit is refunded to the permit holder on completion of the building works provided that there has been no damage to community assets or any damage done has been reinstated to Council standards.

Any damage to community assets attributed to the building works and not reinstated to Council's satisfaction on the completion of the building work, or earlier, if required by Council pursuant to clause 25, Local Law No. 3, will be reinstated by Council and the cost incurred deducted from the bond.  If the bond is insufficient to cover the cost of the reinstatement, the additional sum will be invoiced to the permit holder.

On most occassions during building works, you may require to utilise Council's surrounding assets to work from or for the placement or storage of material or equipment.  If so you may be required to apply for permit approval from Council's Development Permits department.  These permits may include: Skip Bins, Street Occupation, Mobile Crane/Concrete Pump, Road Openings, Temporary/Permanent Vehicle Crossing, Work Zone, Road Closure and/or Out of Hours permit. 

For additional information on other Development Permits, please refer to the Development Permits Information Pack.