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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. 

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.

 Type of Work Condition and Building Permit required - Yes or No
Additions Additions to a dwelling or any other building - Yes

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

Masts/Antennas

Height more than-3m above the highest point of a building - Yes

8m above the ground - Yes

Pergolas

Construction of a pergola (unroofed) associated with any other building and greater than 20m2- Yes

Re-blocking

Re-blocking or re-stumping of an existing building - Yes

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

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

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

Swimming Pools/Spas

Construction of a swimming pool 300 mm or greater in depth - Yes

Verandahs

Construction of a verandah attached to any building - Yes

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

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.

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).   

  1. 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.

 

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

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.

This page was printed on 07 Jan 2009 14:31 from http://www.portphillip.vic.gov.au/building_permits.phtml.