Building permit vs planning permit in Victoria: which one your renovation needs

Property & tenancy · VIC

Two different permits, two different questions. A planning permit asks whether the land may be used that way — issued by your council. A building permit asks whether the construction is safe and compliant — issued by a building surveyor you appoint yourself.

Two permits, two questions

A planning permit is "a legal document that gives permission to use or develop land in a particular way and is issued by your local council" (vic.gov.au). It is about what may exist on the land — assessed against the local planning scheme.

A building permit is written approval that your plans comply with building regulations and the work may start — covering safety, structure and compliance. You obtain it from a registered building surveyor, private or council. One rule Victorians consistently miss, stated plainly by Consumer Affairs Victoria: your builder cannot appoint the building surveyor on your behalf — the surveyor must be independent of your builder, and you choose them.

The order

If your project needs both, planning comes first: Consumer Affairs Victoria states you must get the planning permit before the building permit can issue. Budget the sequence, not just the fees.

What we can say per project type — from official pages only

- Any structural work: a building permit is required and the person doing it must be a registered practitioner, regardless of cost (CAV, extensions & renovations page). - Pools and spas: a building permit is required for anything deeper than 30cm, including above-ground pools — and separately for the safety barrier, which is mandatory. Temporary inflatable pools escape the permit only until a barrier is required. - Small second dwelling (granny flat) up to 60m²: "in most cases … will not require a planning permit; however, a building permit is always required" (BPC). More than one on a lot changes the answer. - Sheds, decks, garages, retaining walls, fences: the official guidance does not publish a one-size threshold table — it says check with your council, because planning triggers are set by the local scheme. Be suspicious of any blog that gives you exact metres and dollars for these without naming your council.

VicSmart — faster, not exempt

VicSmart is a fast-track planning process (10 business days, no advertising) for eligible minor applications — subdivision, small buildings and works, tree removal and similar classes. It is a quicker queue, not an exemption: you still end up holding a planning permit.

Finishing the job is part of the permit

Building work is not legally finished when the tradies leave. New buildings need an occupancy permit; extensions and alterations to an existing home need a certificate of final inspection instead (the home already has its occupancy permit). The BPC is explicit that obtaining this final document is the owner's responsibility — and it is the paper a future buyer's conveyancer will ask for.

If work happens without a permit

The BPC's enforcement toolkit is documented in its practice notes: a Building Notice can issue for work carried out without a permit (an opportunity to show cause, not an approval), followed by Building Orders — including orders to stop work immediately, and orders to remove or alter non-compliant work. Retrofitting legality after the fact is the expensive path.

What to do with this

1. Ring your council's planning desk with the address BEFORE designing — overlays (heritage, flooding, vegetation) live in the planning scheme, not on your title. 2. Appoint your own building surveyor early; never accept the builder choosing one. 3. Ask the surveyor which final document your project ends with, and hold the last payment until you have it.

General information about Victorian law only — permit triggers for your specific block depend on your council's planning scheme. When the answers conflict, the council and your building surveyor outrank any website, including this one.

This is legal information, not legal advice.