What Is a Building Permit and Do I Need One?

A building permit is a formal authorisation issued by a Registered Building Surveyor (RBS) confirming that the proposed construction complies with the National Construction Code (NCC), relevant Australian Standards, and local government requirements. It is distinct from a planning permit, which concerns land use and design; a building permit concerns construction standards and safety.

Who Issues a Building Permit?

In Victoria, a building permit must be issued by a Registered Building Surveyor — either a municipal building surveyor employed by your local council or a private building surveyor you appoint yourself. Private surveyors handle the majority of residential building permit applications. They are independent statutory authorities — not agents of the builder or the council — and their role is to assess compliance, conduct mandatory inspections, and ultimately issue the occupancy permit or certificate of final inspection.

The property owner (or their authorised agent) is responsible for appointing the RBS. Your architect or building designer will typically assist in identifying and engaging an appropriate surveyor.

When Is a Building Permit Required?

A building permit is required for most construction work, including:

• Construction of a new dwelling
• Alterations and additions to an existing dwelling
• Demolition of a building or part of a building
• Construction of a garage, carport, or outbuilding over 10 square metres in floor area
• Construction of a swimming pool or spa
• Re-roofing (in some circumstances)
• Underpinning or significant structural alterations

Exemptions exist for minor work — garden sheds under 10 square metres, certain fences, minor repairs that do not affect structural integrity, and like-for-like replacements of non-structural elements. If you are uncertain, check with your RBS or council before commencing work.

Mandatory Inspections for Class 1 Buildings

A key function of the building surveyor is to conduct or authorise mandatory inspections at specified stages of construction:

1. 1Footing inspection: before concrete is poured, confirming footing dimensions and reinforcement comply with the engineer's specification
2. 2Frame inspection: once framing is complete and before it is enclosed, confirming structural integrity, tie-downs, and bracing
3. 3Final inspection: on completion of all works, confirming the building complies with the permit

Additional inspections may be required for specific elements — slab on ground, fire-rated systems, or waterproofing — depending on the project.

How Much Does a Building Permit Cost?

Private building surveyors set their own fees, so ask two or three for a quote. The fixed parts are the state building permit levy, which scales with the cost of the work, and the council lodgement fee. The surveyor usually collects both along with their own fee.

The Relationship Between Planning and Building Permits

A planning permit (where required) must be obtained before a building permit can be issued. The building permit application must be consistent with the approved planning permit. Your architect will manage the sequencing of these applications to avoid unnecessary delays.

Penalties for Building Without a Permit

Building without a required permit is an offence under the Building Act 1993. Council or the Building Commission Victoria can issue notices to show cause, stop work orders, and ultimately require demolition. At property sale, unapproved works disclosed on a section 32 statement or discovered through a building inspection report can significantly affect contract negotiations or cause a sale to collapse.

The cost of retrospective permit applications — where permitted — is typically higher than a standard application, and some councils do not accept them for structural work that cannot be inspected.

Occupancy Permit

On completion of construction, the building surveyor issues an occupancy permit (for new buildings or new habitable spaces) or a certificate of final inspection (for alterations not creating new habitable space). The occupancy permit confirms the building is suitable for occupation. It is a required document at property sale.