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Why do I need a building permit?
The Building Act 1993 and Building (Interim) Regulations 2005 legislate that buildings must be subject to the issue of a building permit prior to work commencing. The Act prescribes a penalty of $10,000 for any persons who do work without a permit ($50,000 to any company).
The building permit is the key part of that process and ensures, amongst other things that:
- Certain practitioners are registered and carry insurance
- Adequate documentation is prepared to correctly construct the building
- An independent review of that documentation occurs
- Key stages of the work are independently inspected
- The building is independently assessed as completed and/or suitable for occupation.
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When do I need a building permit?
It is your responsibility as the property owner to ensure that a building permit is in place prior to commencement of works or guarantee that the proposed works are exempt from requiring a building permit. Below are some typical scenarios where a building permit may be required. If you believe a building permit is not required you should seek written advice from the council that this is the case prior to commencing any works. Heavily penalties apply to persons undertaking building work without a permit.
| Additions |
Additions to a dwelling or any other building - Yes
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Alterations |
Removal of or alteration to a part of a building - Yes |
|
Carports/Garages |
Attached to another building - Yes
Setback less than the minimum required by ResCode or extends beyond the street alignment - Yes
Constructed over an easement - Yes |
|
Demolition |
All demolition work (except some minor work) - Yes |
|
Fences |
Construction of a side or boundary fence less than 2m high (except pool barrier fencing) - No
Construction of a front fence more than 1.2m high - Yes
Construction of a side or boundary fence more than 2m high - Yes
Construction of a fence that is more than 1.2m high within 9m of the point of intersection of street alignments - Yes
Construction of a chain wire tennis court fence - Yes |
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Masts/Antennas |
Height more than-3m above the highest point of a building - Yes
8m above the ground - Yes |
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Pergolas |
Construction of a pergola (unroofed) associated with any other building and greater than 20m2- Yes |
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Re-blocking |
Re-blocking or re-stumping of an existing building - Yes |
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Retaining Walls |
Constructed on or near site boundaries (any height) - Yes
Construction of a retaining wall 1m or more in height - Yes |
|
Roofing |
Replacement of corrugated iron roofing with concrete or terracotta roofing tiles - Yes
Replacement of corrugated iron roofing with 'colour-bond' or other pre-finished sheeting - No |
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Sheds |
Erection of a shed less than 10 m2 in area (complying with ResCode) and no more than 3m in height and no closer to the allotment frontage than the building to which it is appurtenant, and is not constructed of masonry. - No
Erection of a shed more than 10 m2 in area - Yes |
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Signs |
More than 1m in height within 3m of the street allotment boundary - Yes
More than 8 m above ground level, 6m2 in display area - Yes |
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Swimming Pools/Spas |
Construction of a swimming pool 300 mm or greater in depth - Yes |
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Verandahs |
Construction of a verandah attached to any building - Yes |
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Windows |
Replacement of windows with similar type windows and materials where no structural alterations are required - No
Installation of 'bay' or 'corner' type windows where structural alterations are required - Yes |
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Wood Heaters |
Installation of a wood heater (solid fuel burning appliance) - No |
Important notes
- Paving, concreting, landscaping (unless the work includes a retaining wall greater than 1 meter in height when a building permit is required) are not included in this definition.
- Cost includes the value (ie. market trade rate) of labour and materials.
- Guidance to determine cost can be obtained from relevant quantity surveying or estimating publications.
- Works that do not require a building permit may require other approvals from the City of Port Phillip, eg. town planning, health, community amenity. All relevant departments should be contacted prior to commencement of works.
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Making a building permit application
1. Fill out and sign the forms contained in the Building Permit Application Kit which includes, where applicable, appointment declaration form and agent authorisation forms, accessible here: Planning and building Forms
2. Pay the appropriate fee prior to the building permit being issued. The fee covers building inspections, a plan assessment and government levy (note: other fees for council report and consent, dispensations or modifications etc may be applicable).
- Submit the following documentation with your application:
- Four (4) copies of plans (working drawings), including floor, site, roof, sections, elevation, footing details, existing conditions, stormwater layout/plan etc. Colour drawings for alterations/additions.
- Four (4) copies of the general specifications
- Four (4) completed timber specification forms
- Four (4) completed insulation specification forms
- A copy of the town planning permit and endorsed plans
- Four (4) copies of engineer's structural drawings and computations
- A copy of Certificate of Title and proof of ownership
- Builder's registration details and job specific insurance
- Four (4) copies of the soil report (where applicable)
- A copy of survey plan (re - establishment) and levels from a qualified land surveyor (where applicable)
The council's consent for the protection of the public may also be required during the building works.
The following information may also be required for submission with or during your application for certification:
- Council report and consent for the protection of the public pursuant to Regulation 604 of the Building (Interim) Regulations 2005 may be required during the building works.
- Protection of adjoining property pursuant to Regulation 602 & 603 of the Building (Interim) Regulations 2005 may be required before and during building work, thus Form 5 and Form 6 process of protection method may be applicable.
In addition to the above list of requirements, commercial, industrial, public multi-unit apartments etc may also require:
- MFB (Metropolitan Fire Brigade) report if not in compliance with the Building Code of Australia (BCA) requirements
- Service plans - mechanical/electrical/hydraulic/fire
- Evidence of suitability of materials (fire indices)
- Staged permits for sections of the building. Precise descriptions are required.
Lodging an application
Applications, supporting documentation (plans) and payment should be sent to: Building Department, Private Bag 3, PO St Kilda VIC 3182 or delivered in person to South Melbourne Town Hall, 208-220 Bank Street, South Melbourne.
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About our building department
The Building department offers a competitive building permit and inspection service. Our service is project involvement from inception to completion. We offer:
- Application advice on building applications including pre-application advice on proposed building permits for sites within the City of Port Phillip
- Advice on legislative requirements as they relate to proposals, ensuring compliance with regulations and other legal requirements
- Consideration of dispensations and modifications to building requirements founded on a performance code basis
- Essential Building Service administration including fire safety assessments and advice
- Pre-application on proposed subdivisions as it relates to building issues
Our advantages, which we put to work for you are:
- Integration and strong relationships with other Council service areas (including town planning, health, road engineers, etc)
- Detailed knowledge of local factors (including soil types and flood-ways)
- Historical knowledge and understanding of the municipality
- Proximity and in depth local knowledge
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Useful links and more information
Building Commission Victoria www.buildingcommission.com.au Metropolitan Fire Brigade www.mfb.org.au Plumbing Industry Commission www.pic.vic.gov.au Victorian Workcover Authority www.workcover.vic.gov.au Dispute Settlement Centre www.justice.vic.gov.au
Use eServices to ask us a question, request information or give us feedback online. If you prefer phone ASSIST on (03) 9209 6777 or TTy (03) 9209 6713 and ask for Planning & Building.
Alternatively, you can visit us in person at South Melbourne Town Hall, 208-220 Bank Street, South Melbourne.
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