What permits do I need to build or renovate?
So you are building. You know you require a permit (or few!). Which ones do you actually need, and what exactly is the difference between them?
In most cases, you will require some form of permit to build. There can sometimes be confusion as to when to get particular ones, why, and what triggers the need for them.
Most residential or small commercial projects will come across two main ones - a planning permit and a building permit. These are separate processes you must go through in order to get permission to complete your project. Not all projects require a planning permit, but almost all will require a building permit. Here are the differences explained:
Planning Permit:
This assesses how your proposal will impact the neighbourhood. Think of it as being a good neighbour and considerate of your street. A planning permit is lodged through your council, and planning officers assesses your project based on how you might affect the people next door, the local character, or other regional and site conditions.
Not all projects require a planning permit, as certain conditions must be present for it to be triggered, The common ones are:
If you have a Heritage Overlay
If your site is under 300m2
If you have conditions such as a Flood or Special Building Overlay
If you are in a bushfire prone area
If you plan to change the use of a building, typically in commercial situations (eg, warehouse into kitchen, retail shop into full-blown restaurant)
Planning permits protect the area from undesired development and makes sure that the neighbourhood is consistent with the overall municipality objectives. Usually this is applied for when the plan and the external materials have been determined, but before going in too much detail in case amendments to the design need to be made. The council will in most cases advertise your proposal to the relevant neighbours before undergoing their final assessment. The architect (and sometimes a town planner if it is a large or complex application) will prepare drawings and written report against council policies. In commercial developments, they may ask for things such as noise reports, waste management, and traffic engineering if your proposal is deemed trigger such things.
Building Permit
The purpose of a building permit is to make sure that what you are proposing is safe, and complaint with current building codes and practices. This can start to be assessed once there is enough information about how the project will be constructed. When there is sufficient detail in the construction drawings and specifications, the architect will submit these to a building surveyor, along with structural drawings and computations, your energy report, material specifications, and other council documentation for review. The building surveyor may come back with additional requirements to make sure the project isn’t missing anything. Once everything satisfactorily meets the building surveyor’s assessment, there is a signed building contract, and builder’s warranty insurance in place, the building surveyor can make an application to the Victorian Building Authority for a permit number. They can then stamp the plans, issue the permit and you are good to go. They also lodge it wth your local council to let them know something will be happening. You are not allowed to start building until this process is complete.
Anything which requires structural work will require a building permit. The cases where you might not is if it is just an internal change in colours and materials, or very minor upgrades. However, the rules are always changing so be sure to check if the work you are doing does not get you into trouble.
What about heritage?
One thing which often gets confused is heritage. Just because your property looks old doesn’t mean it necessarily has heritage protection, or there may still be heritage restrictions if you have a relatively new property in a street with a Heritage Overlay. It is important to note that a Heritage Overlay is a council policy which usually affects a street or area, and its purpose is to retain the heritage character of a location as a whole.
Having a Heritage Overlay does not mean your individual house is ‘heritage listed’, although there may be restrictions in what you can and cannot do in terms of materials, setbacks, and colours. Being ‘heritage listed’ is a different thing altogether; this is protection given by the Heritage Council Victoria for buildings, places, and structures which are deemed of cultural, architectural, or social significance. If your property is on this, you will require additional permission from the Heritage Council to demonstrate that any development does not negatively impact the significance of the original. This will be required in addition to your other permits.
Others
There are also other smaller permits which might be needed for your project. Some of these are:
Section 29A - This is essentially a demolition permit from council. Your building surveyor may ask for this if you are demolishing a whole or part structure
Report and Consent - This is if your project does not comply with code. Common ones are for siting, height and setbacks. You may apply to council for approval of non-compliant items.
Food and Beverage - This is for commercial properties which are selling or handling food as a part of their business
Hopefully this explains what some of the permits are, and why you need them. Not all projects require each and every one of them, as each site and brief is different.
