Do I Need a Building Permit?

The content on this page is guidance only. Please obtain independent advice and check the Building Regulations 2018 to confirm your project's permit requirements before starting work. Click here to read the full disclaimer

New Homes

If you are planning a new build, you will need to apply for a Building Permit. You may also need to apply for a planning permit depending on the characteristics of your build.

Renovations and Extensions 

You will need to apply for a building permit if your renovation:

• Increases or decreases the floor area of the existing building
• Changes the height of the building
• Impacts any part of the foundations of the building
• Affects or alters the structural soundness of the building
• Impacts or modifies an essential safety measure relating to the building 

Examples of works exempted from a permit can include:

• Repairing or renewing damaged weatherboards
• Repairing or renewing non-fire rated wall, ceiling, or floor linings
• Retiling a bathroom or kitchen
• Reglazing or replacing a window without structural modifications
• Repairing parts of roofs with roof tiles or roof sheeting

Note: full replacement of elements of the building does not constitute repair, renewal or maintenance and must be treated as an alteration.

Alterations to a building are exempt from requiring a building permit provided the building work:

• Will not adversely affect the structural soundness of the building, and does not include:
• • An increase or decrease in the floor area or height of the building
  • Underpinning or replacement of footings
  • The removal or alteration of any element of the building that is contributing to the support of any other element of the building

• Will not project beyond the street alignment
• Will not adversely affect the safety of the public or occupiers of the building
• Is not work carried out on, or in connection with, a building included on the Heritage Register within the meaning of the Heritage Act 2017
• Is not work in relation to, and will not adversely affect, an essential safety measure relating to the building

I want to demolish a home or building

You will require a permit to demolish a home and most buildings. The person engaging in demolition work must be appropriately registered and have the capacity to carry out demolition work.

Demolition of a freestanding Class 10 building (e.g. private garage, carport, shed, fences, retaining walls, swimming pools and private bushfire shelters) is exempt from requiring a building permit provided that:

• It is not constructed of masonry; and
• Does not exceed 40m2 in floor area; and
• Will not adversely affect the safety of the public or occupiers of the building; and
• Is not work carried out on, or in connection with, a building included on the Heritage Register within the meaning of the Heritage Act 2017

Decks and Verandahs

A building permit is required for decks and verandahs attached to a building such as a house or swimming pool, regardless of size. A building permit is required for detached decks which provide an amenity to a building.

Carports, Sheds, Garages and Non-Habitable Buildings

Sheds, carports, private garages and other non-habitable Class 10a buildings do not require a building permit when:

• The total floor area is less than 10m; and
• The height of the structure is less than 3m, or less than 2.4m when located within 1m of the property boundary; and
• It is located no further forward on the allotment than the building to which it relates OR it is set back at least 9m from the front street alignment, and 2m from the side street alignment; and
• It is not constructed of masonry

Fences

Fences are exempt from a building permit when they are:

• not more than 2m in height; and
• If within 3m of a street (except a lane, footway, alley or right of way) is a maximum of 1.5m high and not constructed of masonry, concrete or similar; and
• If within 3m of a street (except a lane, footway, alley or right of way) is a maximum of 1.2m high constructed of masonry, concrete or similar; and
• If within 9m of a point of intersection of street alignment (e.g. corner blocks) is a maximum of 1m high above the footpath

Fitting Out a Shop or Business

Fitting out a shop or any business premises would require a Building Permit if the work involved does not attract an exemption under schedule 3 of the Building Regulations 2018.

For example, any work involving alterations to a structure or structural element of a building, essential safety measures, exits and exit paths of travel will require a Building Permit.

Changing the Use of a Building

Retaining Walls

A retaining wall less than 1000mm (1m) in height does not require a building permit when it is not associated with other building work or with protection work of an adjoining property. Otherwise, a Building permit will be required.

Pergolas, Verandahs, Carports and Garages

A pergola is defined in the Regulations as an open structure that is unroofed but may have a covering of open weave permeable material. These should not be confused with Verandahs, Carports or Garages.  A building permit is not required for a pergola when it is: 

• not more than 3.6m in height; and 
• in the case of a pergola that is appurtenant to a Class 1 building, is located no further forward on the allotment than 2.5m forward of the front wall of that building; and 
• in any other case, is located no further forward on the allotment than the front wall of that building to which it is appurtenant; and 
• has a floor area not exceeding 20m2.

Reblocking, Restumping and Underpinnings

Restumping or completing underpinning work requires a building permit. 

Reroofing

You will require a building permit if you are changing the material of your roof such as replacing a tiled roof with a zinc or colorbond roof. If you are repairing or replacing roofing materials, such as replacing a tiled roof with new tiles, (like for like) then you will not require a building permit.

You will require a Plumbing Certificate of Compliance if the work undertaken by the roofing plumber is worth more than $750. 

Solar Panels and Other Roof Mounted Objects

The installation of rooftop solar panels on a building is classified as building work because it involves the alteration of an existing building.  

Fixings for the installation may also adversely affect an existing roof structure. Different onsite conditions including roof coverings, roof pitch, type of framing, bracing and wind loads will need to be considered prior to the installation.  

An assessment of the support structure by a registered civil engineer should be obtained so that all loading conditions, installation, and fixing methods are considered. 

Doors and Windows

You will need to apply for a building permit if:

• You are installing a new door
• Your installations require you to change the building's roof or ceiling
• You want to change the width or height of an existing door frame
• You want to install a bay or corner window

No building permit is required if you are just replacing a door or a window with a similar type of door or window and there are no structural alterations to be carried out.

Swimming Pools and Spas

Building pools, spas and associated barriers will require a building permit. In addition to a building permit, pool and spa owners must register their pools with Council and provide compliance certificates to show appropriate safety barriers have been installed.

A building permit is not required for replacing or altering any part of a barrier to rectify the noncompliance identified in an inspection by a swimming pool and spa inspector unless the building work involves:

• Replacing or altering more than 50% of the existing length of the barrier;
• Replacing or altering the posts or footings of the barrier; or
• Using materials that are not commonly used for the same purpose as the material being replaced
• Increasing or decreasing the length or area enclosed by the barrier
• Replacing or altering a retaining wall that forms part of the barrier

Swimming Pool Safety Barriers and Registration

Sheds

A building permit is required for sheds larger than 10m² in floor area.

Sheds smaller than 10m² do not require building permits when the shed:

• has a height less than 3m, or less than 2.4m when within 1m of the property boundary
• is associated with a building of a different class on the same block - such as a dwelling or office building
• Is located no further forward on the block than the front wall of the associated building
• is not built out of masonry.  

Otherwise, a building permit will be required.

Disclaimer

The information provided on this page is for general information purposes and guidance only. It is a reader’s responsibility to obtain independent advice in respect to any building projects including the application of legislation, a technical instruction or industry standard relevant to their circumstances. A person’s use of the information on this page is not a substitute for obtaining independent advice.

While we have made every attempt to ensure our resources contain correct information at the date of publication, Hume Council makes no warranty or representation that the above mentioned are error free. To the extent permitted by applicable laws, Hume Council, its employees, agents and consultants exclude any and all liability whatsoever for any direct, indirect, incidental, special or consequential loss or damage a person may suffer arising out of or in connection with the access and use of the above mentioned’(including any third-party material included in these resources).