What is a building permit?
A building permit is a written approval by a private or municipal building surveyor which allows building works to be undertaken in accordance with the approved plans, specifications and other relevant documentation.
An application for a building permit is assessed against the relevant provisions of the Building Act 1993, Building Regulations 2018 and the National Construction Code.
A municipal or a private building surveyor will issue you with a building permit which is then submitted to Council for record keeping.
A building permit will specify:
- the timeframe for works to commence and to be completed;
- mandatory inspections;
- either an occupancy permit or a certificate of final inspection is required on completion of the building work;
- Any conditions deemed necessary by the relevant building surveyor
There are times when you will need to present evidence that building works have been conducted legally under a building permit, such as when you sell your property. Illegal building works can create significant problems during the sale of a property.
Do I need a building permit?
All building works need a building permit unless they are specified as being exempt under the Building Regulations 2018.
A building permit ensures the building is structurally safe, stable and complies with the state and federal building regulations.
If you are constructing a residential building, you will need a permit for:
- A new home
- Certain swimming pools or spas and any safety barriers
- Extensions and certain renovations
- Demolition and building removal
- Re-stumping works
- Construction of a retaining wall or a boundary wall
- A garage, shed or carport
- A veranda or pergola
If you build without a permit, you may be ordered to demolish any buildings or works that have been completed and you could be fined.
You can contact Council's Building Department on building@yarriambiack.vic.gov.au or on (03) 5398 0100 to find out more information.
Can I demolish a building?
A building permit is required for most demolition work. Some examples of when a building permit must be obtained includes:
- the building will be completely demolished
- more than half of the floor area of the building will be demolished
- part or all the front of the building will be demolished
Some demolition work also needs a planning permit from Council in addition to a building permit. If you do not have a planning permit yet, Council will not approve your application for consent to demolish.
To obtain Council's consent to demolish, you will need to make an application to Council under Section 29A of the Building Act 1993.
Building Department Forms and Fees
Can I build over an easement?
An easement is a section of land that either Council or another service has a right to use even though you are the owner.
There are different reasons your land may be used, including providing stormwater drainage, sewerage drains, gas mains, or power lines in or over a section of land.
The authority that manages the service can use and access this bit of land to deliver and maintain the service. For example, to fix or install pipes.
If you are building on your property, you should check your Certificate of Title and Plan of Subdivision to find out if there is an easement and what it is used for.
If there is an easement that you want to build over, you will need to get permission from the relevant authority.
You need to contact us if the easement is used for drainage, as well as any other easement for which Council is listed on the Certificate of Title.