A planning permit decides whether a building can go on the land and what shape it can take. A building permit decides whether it will be built safely and to code. Council issues the first under the Planning and Environment Act 1987. A building surveyor issues the second under the Building Act 1993. Where you need both, the planning permit comes first.
What is the difference between the two?
| Question | Planning permit | Building permit |
|---|---|---|
| Law | Planning and Environment Act 1987 and the planning scheme | Building Act 1993, Building Regulations 2018 and the NCC |
| Issued by | Council, as the responsible authority | A registered building surveyor, private or council |
| Looks at | Use, siting, height, design, trees, heritage, neighbours | Structure, fire safety, energy, drainage, inspections |
| Needed for a new house | Only if the zone, an overlay or a tree triggers one | Always |
Which one comes first?
The planning permit. Section 24 of the Building Act 1993 stops a building surveyor issuing a building permit until any relevant planning permit has been obtained and requires the building permit to be consistent with it. The City of Casey puts it plainly: a required planning permit must be approved and issued before any building permit is approved. Cardinia Shire adds that the planning permit and any conditions on it must be met before a surveyor can issue the building permit. It also reminds owners that making sure the right permits are in place is their responsibility.
Does a new house need a planning permit?
Often not. In the General and Neighbourhood Residential Zones one house needs a planning permit from the zone only on a lot under 300 square metres. An overlay can still require one. So can removing a canopy tree. The zone's height and storey limits apply whether or not a permit is needed. Our guide to the Victorian planning rules that decide what you can build covers the triggers one by one.
Without a planning permit, the building surveyor checks the siting of the house against Part 5 of the Building Regulations 2018. A design that departs from one of those siting rules needs council's report and consent under the Regulations, not a planning permit. Regulation 75(4) sets that route for building height, for example.
Who issues the building permit?
A registered building surveyor, who may be private or employed by council. In the south east it is usually a private surveyor. The owner appoints them. Under section 78 of the Building Act a builder under a major domestic building contract must not appoint the surveyor on the owner's behalf, which keeps the person checking the work independent of the person doing it. Once appointed, the surveyor assesses the documents, issues the permit and carries out the mandatory inspections as the house goes up.
What happens if you build without a permit?
Building work without a building permit in force is an offence under section 16 of the Building Act. The owner carries a duty to make sure one is in force unless a registered building practitioner is engaged. Knowingly building without a permit in the course of a building business is an indictable offence. On the planning side, developing land in breach of the scheme or a permit is an offence under section 126 of the Planning and Environment Act. Council or any other person can also ask VCAT for an enforcement order.
How the two fit around a real build
On The Willow in Rowville, a knockdown rebuild designed around the weeping willow the owners bought the block for, the whole run from first meeting to site start took four months, including a council planning permit. The planning stage settled the house around the tree. The building permit then carried that design into structural drawings, energy compliance and inspections.
A knockdown rebuild adds council's demolition consent and a separate demolition permit to the sequence, which our knockdown rebuild process guide sets out. On a slope, the retaining walls usually join the building permit as well. We work through the permit path at the start of every custom home so the fixed price reflects the approved design.
Frequently Asked Questions
What comes first, a planning permit or a building permit?
The planning permit. Under section 24 of the Building Act 1993 a building surveyor cannot issue a building permit until any required planning permit has been obtained. The building permit then has to be consistent with it. If your project needs no planning permit, you go straight to the building permit.
Does council issue building permits?
Not for most projects in Casey or Cardinia. The City of Casey says it only issues planning permits and that building permits come from independent building surveyors. Cardinia Shire says it does not issue building permits for most projects, so owners usually appoint a private building surveyor.
Can I get a building permit without a planning permit?
Yes, when the work does not need one. A single house on a lot of 300 square metres or more in the General or Neighbourhood Residential Zone needs no planning permit from the zone. An overlay or a protected tree can change that, so check the planning property report for the address first.
How much does a building permit cost?
Private building surveyors set their own fees, so the job decides it: the size and complexity of the house, the number of mandatory inspections and any consents the surveyor has to obtain. Check whether a quote includes the inspections and whether the building contract or the owner is paying.