In Victoria a backyard project can need a planning permit, a building permit, both or neither. A planning permit comes from the council and decides whether the zone and overlays allow the work on that land. A building permit comes from a registered building surveyor and decides whether the structure will be safe and correctly sited. Where both are needed, the planning permit comes first.
Which permit does each kind of project usually take?
- Neither. A small exempt shed behind the house, sited to the rules, on a lot with no overlay
- Building permit only. A roofed patio or carport on an ordinary suburban lot with no overlay
- Planning permit only. Work exempt from a building permit but caught by an overlay, such as an unroofed pergola on a heritage lot
- Both. A carport or garage in a heritage overlay, or a new home on a lot the zone catches
These are the usual patterns, and the zone, the overlays and the size decide the real answer. The post on planning and building permits explains the difference between the two, and the post on building without a permit in Victoria covers the exempt side.
When do I need a planning permit?
When the planning scheme catches the work, through the zone or an overlay. In most residential zones a small shed, a low deck or an open pergola for a single house does not bring in a planning permit on its own. An overlay often does: a heritage overlay can catch a pergola or verandah of any size, and a flood overlay can catch a deck in the same way. Some zones add triggers of their own, such as for small lots or a second dwelling. The post on heritage overlays covers the most common case.
Is there a faster planning stream?
Yes, for some applications. VicSmart is the state’s stream for straightforward planning permit applications, with a shorter assessment against set criteria and without public notice. Only the kinds of application the planning scheme lists can use it, so ask the council whether yours qualifies.
Why does the order matter?
The building surveyor has to be satisfied that any planning permit the work needs has been granted, and that the building plans match it. Drawing the construction detail first can waste it if the council later asks for a change.
What if the siting does not meet the rules?
The building surveyor cannot issue the permit as drawn, but the council can agree to a variation through a step called report and consent. The council weighs the effect on the neighbours and can attach conditions. It is separate from a planning permit and adds time and a fee.
Reading it for your own lot
RapidSiteplan reads the council and building rules for your lot from its address, checks the design against them as you place it, lets you edit it as often as you like, and prints the site plan. Site plans and assessments in minutes. For a lot in Victoria it shows the zone, the overlays and the distance to each boundary, the facts that decide which permit the work takes.
Search your address, see what the plan shows for a shed, carport or other outbuilding, or read what we hold for Casey. Victorian councils are listed by name, and site plans by council covers the rest of Australia.
Common questions
Planning permit or building permit in Victoria? It depends on the work and the lot, and a project can need one, both or neither. The council issues a planning permit where the zone or an overlay asks for one, and a registered building surveyor issues a building permit for how the structure is built and sited.
When do I need a planning permit in Victoria? When the zone or an overlay on the lot calls for one. A heritage or flood overlay often catches work a suburban lot would otherwise not need a planning permit for.
What is VicSmart? It is the state’s faster stream for straightforward planning permit applications, assessed against set criteria with a shorter timeframe and without public notice.
Read next
What is a complying development certificate in NSW?A complying development certificate is one approval for planning and building, for work that meets every fixed standard in NSW Do I need council approval for a front fence?A front fence is read by the council’s planning rules as well as the building rules Do I need council approval for a garage?A garage big enough for a car usually needs building approvalGeneral information only, not building or legal advice, requirements vary by council and change over time; always confirm with your council or certifier.