2008-32

Practice Notes Issued January 2008

When is a building permit required?

This updates the previous Practice Note 2006-32 issued June 2006.

1. Summary 4 is located no further forward on the

allotment than the front wall of the building
Some building work is of such a minor nature that to which it is appurtenant; or
the protections and advantages that a building 4 is located no further forward than 2.5m of
permit can provide are not necessary, or will not be the front wall of the single dwelling to which
achieved. In these cases, Schedule 8 of the Building it is appurtenant.
Regulations 2006 (the Regulations) exempts owners
4 Repair, renewal or maintenance of a part of an
from having to obtain a building or occupancy
permit.
existing building, (such as replacing rotted
weatherboards) providing the building work:
2. Background
4 will not adversely affect the structural
The Building Act 1993 (the Act) requires that building soundness of the building, will not increase
work must be subject to the issue of a building permit or decrease the floor area or height of the
prior to that work commencing. The Act prescribes a building, is not underpinning or replacement
penalty of 100 penalty units for any work done without of footings and does not include the removal
a permit. or alteration of any element of the building
that is contributing to the support of any
The building permit ensures that certain practitioners other element of the building; and
are registered and carry insurance, that adequate 4 is done using materials commonly used for
documentation is prepared to correctly construct the the same purpose as the material being
building, an independent review of that documentation replaced; and
occurs, key stages of the work are independently 4 will not adversely affect the safety of the
inspected and the completed building is independently public or occupiers of the building; and
assessed as being suitable for occupation. There is 4 is not work carried out on, or in connection
certainty of compliance for owner builders and building with, a building included on the Heritage
insurers before building commences, and ease in Register; and
preparing compliance reports, which may be required
4 will not adversely affect an essential safety
at sale of the property.
measure.

4 Alterations to a building if the building work;

3. Exemptions
4 will not adversely affect the structural
Under the Regulations, owners may be exempt from
having to obtain a building permit or occupancy soundness of the building and will not
permit for minor building work. The exemptions increase or decrease the floor area or height
legitimise certain building work which the permit of the building, is not underpinning or
process added little value or benefit. replacement of footings and does not
include the removal or alteration of any
Schedule 8 of the Regulations describes buildings, element of the building that is contributing
structures and building work that do not require a to the support of any other element of the
building or occupancy permit to be issued. building;
4 will not adversely affect the safety of the
Exemptions from the building permit system include: public or occupiers of the building; and
4 will not project beyond the street alignment;
4 Pergolas (open structure that is unroofed but and
may have a covering of open weave permeable 4 is not work in relation to essential safety
material), providing the pergola: measure; and
4 is not more than 3.6m in height; and 4 is not work carried out on, or in connection
4 is not more than 20m2 in area; and with, a building included on the Heritage
Register. 1 of 6

Level 27, Casselden Place, 2 Lonsdale Street, Melbourne, Victoria 3000

PO Box 536E, Melbourne Victoria, Australia 3001
Telephone + 61 3 9285 6400 Facsimile + 61 3 9285 6464
DX 210 299 Melbourne, www.buildingcommission.com.au
 2008-32
Practice Notes

4 Construction of a freestanding Class 10a 4. Other work that does not require a building
building (such as a shed, carport or garage) permit
providing it:
4 has a floor area not exceeding 10m2; and 4 A building permit is not required for excavations
4 is not more than 3m in height or no more alone. Although an excavation may be done
than 2.4m in height within 1 m of the with the expectation that buildings will
boundary; and eventually be built, if the excavation is not done
4 is appurtenant to a building of another to accommodate a specific footing design for a
Class on the same allotment; and proposed building the excavation will not be
4 is located no further forward on the connected with building work and will therefore
allotment than the front wall of the building not come within the definition of "building
to which it is appurtenant; and work.”
4 is not constructed of masonry.
However, where the excavation work is carried
4 Demolition of a freestanding Class 10 building
out specifically in connection with and for the
purpose of facilitating the construction of a
(such as a shed carport or garage) that:
building or structure on the land, it is considered
4 is not constructed of masonry; and
that such work is "in connection with" the
4 does not exceed 40m2 in floor area; and construction of a building and is therefore
4 will not adversely affect the safety of the "building work.”
public or occupiers of the building; and
4 is not work carried out on or in connection 4 Civil engineering and infrastructure work,
with, a building included on the Heritage carried out in relation to a subdivision that is
Register. comprised of earthworks, roadworks,
installation of drainage, sewer and water
Column 2 of the table in Schedule 8 describes the
type of building or building work which is exempted. reticulation infrastructure does not require a
building permit. This work is also exempted
Items 3 and 4 includes the limiting conditions that from the requirements of the Domestic Building
the work will not “adversely affect the structural Contracts Act 1995.
soundness of the building” and “will not adversely
affect the safety of the public or occupiers of the
building”. These terms apply to the construction
process and the completed building, and must be
applied to both situations. For example, even if the
finished building will comply and be structurally
sound, if at any stage of the proposed construction
there will be an adverse affect, then the exemption
does not apply. This generally means that any
structural work to an existing building, regardless of
cost will require a building permit.

Column 3 of Schedule 8 describes the Parts

exempted. For example a reference to “all Parts
except reg. 424(1)” means that no permit is
required, but that compliance with the fence height
requirements of reg. 424(1) is still required.

2 of 6

Level 27, Casselden Place, 2 Lonsdale Street, Melbourne, Victoria 3000

PO Box 536E, Melbourne Victoria, Australia 3001
Telephone + 61 3 9285 6400 Facsimile + 61 3 9285 6464
DX 210 299 Melbourne, www.buildingcommission.com.au
 2008-32
Practice Notes

5. Case Studies

The following case studies describe examples of

typical building work and whether they are subject to
a building permit or any technical provisions.

Reblocking (restumping) of an existing building

Requires a building permit, as it involves the removal

and replacement of an element that is contributing to
the support of another element and is also
replacement of footings.

Construction of a 3m high freestanding shed

setback 1m from the boundary

Building permit not required, providing that:

4 the floor area is not more than 10m2; and
4 it is not constructed of masonry; and
4 it is appurtenant to a building of another
Class on the same allotment; and
4 it is located no further forward on the
allotment than the front wall of the building
to which it is appurtenant.

Consent of a service authority may be required if the

shed is to be constructed over an easement.

Replacement of an existing kitchen that does not

involve any structural work

Building permit not required providing it is not in

relation to a building included on the Heritage
Register, as there would generally not be any
adverse affect at any stage.

Construction of a freestanding pergola

associated with a house

Building permit is not required if the pergola does not

exceed 20m2 in area, is located no further forward on
the allotment than 2.5m forward of the front wall of
the building to which it is appurtenant and is no more
than 3.6m in height.

Examples of common types of building work are

included in the following pages:

3 of 6

Level 27, Casselden Place, 2 Lonsdale Street, Melbourne, Victoria 3000

PO Box 536E, Melbourne Victoria, Australia 3001
Telephone + 61 3 9285 6400 Facsimile + 61 3 9285 6464
DX 210 299 Melbourne, www.buildingcommission.com.au
 2008-32
Practice Notes

Common types of building work Building permit Must still comply

required1? with (see notes)

Additions
Additions to a dwelling or any other building. Yes 3

Alterations
Structural alterations to a dwelling or any other building. Yes 3

Removal of or alteration to a load-bearing part of a building. Yes 3

Carports/Garages
Construction of a garage/carport larger than 10m2 in area. Yes 3, 7

Demolition of freestanding garage/carport, not No Nil

constructed of masonry, not more than 40m2 in floor area,
is not a building on the Heritage Register and the work
will not adversely affect the safety of the public or
occupiers of the building.

Fences
Construction of a side or boundary fence 2m high and No 2
not within 3m of a street alignment.

Construction of a brick front fence not more than 1.2m No 2

high and not within 9m of a point of intersection of street
alignments.

Construction of a timber front fence not more than 1.5m No 2

in height and not within 9m of a point of intersection of
street alignments.

Construction of a side or boundary fence more than 2m high. Yes 3

Construction of a fence that is more than 1.0m high, Yes 3

within 9m of the point of intersection of street alignments.

Construction of a chain wire tennis court fence. No Nil

Masts / Antennas
Height more than 3m above the highest point of a Yes 3
building.

Not attached to a building and height more than 8m Yes 3

above the ground.

1
A planning permit or approval may be required, regardless of whether a building permit is required.
4 of 6

Level 27, Casselden Place, 2 Lonsdale Street, Melbourne, Victoria 3000

PO Box 536E, Melbourne Victoria, Australia 3001
Telephone + 61 3 9285 6400 Facsimile + 61 3 9285 6464
DX 210 299 Melbourne, www.buildingcommission.com.au
 2008-32
Practice Notes

Common types of building work Building permit Must still comply

required1? with (see notes)

Pergolas
Not more than 3.6 m high, 20m2 in area, and located at No 1
the rear of the building to which it is appurtenant.

Construction of a pergola located further forward than Yes 3, 7

2.5m forward of the front wall of the single dwelling.

Reblocking
Reblocking or restumping of an existing building. Yes 3

Retaining Walls
Constructed on or near site boundaries where there is a Yes 3
risk of damage of adjoining property.

Construction of a retaining wall 1m or more in height. Yes 3, 8

Roofing
Replacement of corrugated iron roofing with concrete or Yes 3
terracotta roofing tiles.

Replacement of corrugated iron roofing with ‘Colorbond’ No Nil

or other pre-finished sheeting.

Shed associated with a single dwelling

Erection of a freestanding shed, 10m2 or less in area, 3m No 4
or less in height, setback 1m or more from the boundary
and located no further forward than the front wall of the
single dwelling.

Erection of a shed more than 10m2 in area. Yes 3, 7

Signs
More than 1m in height and within 3m of the street Yes 3
alignment.

More than 8m above ground level and 6 m2 in display area. Yes 3

Swimming pools/spas
Construction of an in-ground swimming pool greater than Yes 3
300mm in depth.

1
A planning permit or approval may be required, regardless of whether a building permit is required.

5 of 6

Level 27, Casselden Place, 2 Lonsdale Street, Melbourne, Victoria 3000

PO Box 536E, Melbourne Victoria, Australia 3001
Telephone + 61 3 9285 6400 Facsimile + 61 3 9285 6464
DX 210 299 Melbourne, www.buildingcommission.com.au
 Practice Notes

Common types of building work Building permit Must still comply

required1? with (see notes)

Verandahs
Construction of a verandah attached to any building. Yes 3

Windows
Replacement of windows with the same size windows, No 5
where no alteration to the opening is required.

Installation of 'bay' or 'corner' type windows, where Yes 3

structural alterations are required.

Wood heater
Installation of a wood heater (solid fuel burning appliances). No 1, 6

Note1. Building Code of Australia (includes the planning scheme or a planning permit for a
structural safety, fire rating, health and residential subdivision, the construction work is
amenity requirements, as applicable). not domestic building work as Domestic Building
Note 2. Must still comply with regulation 424(1) and Contracts Regulations 2007 exempts such
Schedule 5. This may mean that the retaining structures.
maximum fence height exempted may be
less than that in the Table.
Note 3. Must comply with all previsions of the Act
and Regulations, including those above. The
process of issuing a building permit
determines this.
Note 4. Required Reporting Authority or other
relevant consent obtained as part of a
building permit.
Note 5. Glass must be suitable for the particular use.
Note 6. Needs to be installed by a licensed plumber.
Note 7. The exemption contains a number of criteria
which must be met in order to gain an
exemption. By complying with the single
item noted in the example does not
necessarily mean that an exemption would
apply.
Note 8. Where a retaining structure is required under

1
A planning permit or approval may be required, regardless of whether a building permit is required.

6 of 6

Level 27, Casselden Place, 2 Lonsdale Street, Melbourne, Victoria 3000

PO Box 536E, Melbourne Victoria, Australia 3001
Telephone + 61 3 9285 6400 Facsimile + 61 3 9285 6464
DX 210 299 Melbourne, www.buildingcommission.com.au