Take a look at some of the most frequently asked questions received through our building services department . If you can’t find the answer you’re after here just call our team on (03) 9411 4555.
A building permit is a legal document that is issued for proposed building works. A building permit will specify that either an occupancy permit is required or a certificate of final inspection is required on completion of the building work.
Building permits relate specifically to the carrying out of building construction. However, there are times when a planning permit may also be required.
A planning permit is a legal document giving permission for a land use or development, and may be required by your local council. If a planning permit is required, it must be obtained before a building permit can be issued, however, both applications can be made at the same time.
A planning permit does not remove the need to obtain a building permit.
There are many things to consider before starting your building, such as whether your job requires a building permit or a planning permit (or both).
The Building Act 1993 (the Act) and Building Regulations 2006 (the Regulations) legislate that all building work is subject to the issuing of a building permit, unless an exemption exists for the proposed work under the Regulations. This includes some minor alterations, demolitions and repair or maintenance work.
Penalties apply for individuals and/or companies who undertake illegal building work without a permit. Subsequent issues impacting insurance cover and in the event of a proposed sale can also result from such.
The best practice is to seek the advice of a Building Surveyor for confirmation prior to carrying out any building work.
The best way to find out whether you need a building permit is to seek the advice of a building surveyor prior to any works. To find out whether you need a planning permit we suggest you contact your local council’s town planning unit.
Before applying for a building permit, you need to choose a building surveyor. You may choose either a municipal building surveyor or a private building surveyor.
Your architect or builder can apply on your behalf for the permit but you must first authorise the architect or builder in writing to make the application.
Do not sign a blank form authorising others to obtain all permits for you and always check that a permit has been issued before any work commences.
Applying for a permit requires you to:
Master Builders has a team of qualified building surveyors, inspectors and service staff covering metropolitan Melbourne and regional Victoria, including the Albury/Wodonga region. See the contact us page of this website to find the Master Builders office near you.
Building work may not be carried out in Victoria unless a building permit has been issued (or the works is exempt from a building permit under the building regulations), and work must be carried out in accordance with the building permit, the Building Act 1993, and the building regulations.
The purpose of the building permit system is to ensure that all buildings and building work comply with the building legislation and regulations prior to work commencing, and that they meet minimum standards and safety requirements once constructed. Building surveyors perform a critical role in implementation, monitoring and enforcement of building standards in Victoria through their administration of the building permit system.
Registered Building Surveyors provide independent oversight of buildings and building work throughout the construction process, and upon completion of construction ensure that buildings are safe for use, accessible and energy efficient. They do this by:
A person registered as a Building Surveyor in Victoria may carry out the following functions under the Building act 1993:
A building permit can be obtained by any person that has been given authorisation by the owner(s).
It is an offence for a builder that has entered into a Major Domestic Building Contract to appoint a building surveyor, the appointment in this instance must be by the owner(s).
Once the appointment of the relevant building surveyor is made by the owner(s), then any person that has authority from the owner can be the agent to apply for a building permit.
Minimum mandatory inspections are prescribed in the Building Interim Regulations 2006 however it is at the discretion of the building surveyor if further inspections are required.
Always check your building permit for the required inspections.
Mandatory building inspections are carried out to ensure that building works in accordance with the building regulations, building permit and approved documentation.
Mandatory building inspections are different from quality inspections.
Quality Inspections are not carried out as part of the requirements of a Building Permit.
The person responsible for carrying out the building Work is the person(s) responsible for arranging the mandatory inspection.
If a mandatory inspection has been carried out and works on site are not deemed to comply then an ‘oral direction’ will be given to the person responsible for carrying out the building work. Usually an Inspection Report will also be issued.
If these are not addressed then a ‘direction to fix’ will be issued. The owner is also forwarded a copy as required by the provisions of the Building Act 1993, ensuring all parties are kept informed.
An extension of time can be requested by the builder should they consider it necessary to address the ‘direction to fix’.
If the matter is not addressed then the relevant building surveyor should register the non-compliance with the VBA.
Once your building permit application has been lodged with a building surveyor, they will check for compliance with the Act and Regulations and can then decide to issue a building permit with or without conditions.
In some instances they may refuse to issue a permit. If a permit is refused, you can either alter the application to comply with the Regulations or appeal the refusal of the permit to the Building Appeals Board.
The building permit issued may be a permit for the whole of the proposed building work or for a stage of the proposed building work. The building surveyor cannot issue the building permit until any required consent of a reporting authority is received. The consent could be in relation to such matters as building over an easement or the siting of a carport.
A building permit cannot be issued until a relevant planning permit (if required) is obtained.
The building surveyor who issues the permit must follow the project through to the end, carrying out building inspections and issuing an occupancy permit or a certificate of final inspection on completion of your building work.
The building surveyor must specify on the building permit the mandatory inspections that will be required throughout the course of the building work. There are no restrictions preventing the building surveyor from varying the required inspections or carrying out additional inspections, if they deem this to be necessary.
If you intend to carry out building work close to an adjoining neighbour's property the building surveyor can, in some cases, require you to perform work to protect your neighbour's property. This may include obtaining the appropriate insurance cover for the building work prior to commencing the protection work. This is generally determined during the building permit application process.
Building permit costs are generally based on scope of work , complexity of the project, costs of building work and decisions required for consideration to assess for compliance.
Yes, building permits have time limits and are dependant on the scope of the work. The time limits are specified on the building permit once issued. If required, the owner/ agent is responsible for requesting an extension of time prior to any permit time limits expiring.
The Regulations specify the required commencement and completion dates for building works that are associated with a building permit. If works have not commenced or are not completed within the required time period, or an extension to the building permit has not been sought or approved, than the building permit will lapse.
Type of work | Required commencement date | Required completion date |
Building work relating to houses and outbuildings | within 12 months of the date of issue of the building permit | within 24 months of the date of issue of the building permit |
Building work relating to swimming pools and associated barriers or fences | within 12 months of the date of issue of the building permit | within six months of commencement of the work. |
Building work relating to the re-erection of houses and out buildings | within six months of the date of the issue of the building permit | completed within 12 months of the date of issue of the building permit |
All other building work | within 12 months of the date of issue of the building permit | within 36 months of the date of issue of the building permit |
Note: A building permit period may be extended, if it is warranted, by application to the building surveyor before the permit lapses.
What you need to know about building practitioners:
In Victoria, building practitioners must be registered with the Victorian Building Authority to:
Make sure you engage a registered builder when you want this type of building work carried out. This will ensure your project is completed by someone with the necessary qualifications and expertise.
All registered building practitioners are issued with a Photo ID card that lists the type of work they are eligible to do. All practitioners should carry this ID card. Either of the ID cards shown below may be valid, depending on the practitioner's date of registration. All practitioners registered from 1 September 2016 onwards should have a VBA-branded ID card. Practitioners registered before that date will carry a Building Practitioners Board branded card until their next annual renewal date. From 1 September 2017 only VBA branded cards will be valid.
You can also check if a builder is registered online, using the VBA directory – Find a Practitioner. www.vba.vic.gov.au
Domestic building insurance is provided by a builder when the cost of building work under the contract with the builder is more than $16,000 (including labour and material costs). A claim against the builders Warranty Insurance can only be made should the builder die, go bankrupt or otherwise cannot be found.
If a property owner sells their house within six years of the completion of building work, domestic building insurance, whether provided by an owner-builder or a registered building practitioner, will cover the purchaser of that property.
Owner-builders are required under Section 137B of the Building Act 1993 to provide Warranty Insurance for building work they have carried out on their property if the value of the work was $16,000 or greater for the remainder of the six year period.
It is important that owners understand that the insurance policy is for the benefit of the purchaser and that the owner-builder or registered builder will be responsible for ensuring that the building work complies with the relevant legislation at the time of construction.
Please note: Domestic building work more than $16,000 (previously $12,000) will require domestic building insurance and will cover costs up to $300,000 (previously $200,000) to fix structural defects for six years, and non-structural defects for two years from 1 July 2014.
Practitioners and consumers are required to have a formal written contract which meets the requirements of the Domestic Building Contracts Act 1995.
The contract is a binding document between you and your practitioner, which includes a start and completion date, details about progress payments and specifications for your new home (building project).
When undertaking a building project you should always read your contract and make sure you fully understand its contents.
Your practitioner may use a standard industry contract for domestic housing from their industry association or have a lawyer draft one.
Whatever the contract, it is important that you educate yourself on the document and the contract process.
Contracts provide a baseline in case a dispute arises between you and your builder. If the correct information isn't recorded in the contract, either as part of the original agreement or in a variation, it is not binding. Here are some handy tips to help you with the contractual process:
Download a copy of Consumer Affairs Victoria's model domestic building contract for new homes.
Read more about building contracts on the Consumer Affairs Victoria website or call Consumer Affairs Victoria on 1300 558 181.
You can also see Master Builders range of building contracts available online or in print here.
If the contract price is $20,000 or greater then the builder is entitled to no more than 5% deposit. If the contract price is less than $20,000 then a maximum deposit of 10% is allowed.
Failure to comply with this requirement may mean that the owner can terminate the contract at anytime, seek a full refund of all money paid as well as the builder receiving a substantial fine.
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