Do I need a building or planning permit

Planning and building permits are separate approvals that must be sought from council and/or a building surveyor to undertake construction or changes to the use and development of land.

Depending on the type of development you may require one or both of these permits.

Building permits

Relate to the safe construction of a buildings, fences, retaining walls and other structures. They are governed by the Building Act 1993 and Building Regulations 2006.

Planning permits

Relate to the use, development and protection of land in Victoria. They are governed by the Planning and Environment Act 1987.

Planning permits and your property

Every property has a set of planning controls that specifies when a planning permit is required. If you propose to use or develop land you should consider the zones and overlays applying to your site.

To find out what controls apply to your property, visit planning maps online or request property or building information property information.

You may require planning permission for the following proposed works:

  • small structures: front fence, pergola, shed, carport, verandah, deck, water tank
  • swimming pools
  • extensions
  • tree pruning and removal
  • changes to land uses, such as running different types of businesses
  • subdivision and consolidation
  • advertising signage.

VicSmart / Fast track permits

VicSmart is a streamlined planning permit process for more simple applications. These applications do not require the public notification process and can be less expensive than standard application fees.

A VicSmart application is processed in 10 days instead of the 60 days for standard planning permits.

To find out if your proposal is eligible for VicSmart:

  • view the information in the relevant zones or overlays that trigger the requirement for the permit at VicPlan website; or
  • contact our Development Planning team on 9457 9808 to discuss if your application is eligible for VicSmart.

Understanding building permits

Building permits relate to safe construction in accordance with Building Code Australia/Building Regulations and can be issued by a private building surveyor or Banyule BPI.

All building works need a building permit unless they are exempt under Schedule 3 of the Building Regulations 2018.

If a planning permit is required, it must be obtained before a building permit can be issued, although both applications can be made at the same time.

Our role in issuing permits

We consider planning and building applications to assess the suitability and safety of developments within the municipality and ensure new uses and developments have a positive impact on residents and the surrounding environment.

The permit process ensures that decisions we make about land use and development are consistent, fair, orderly and sustainable.

Planning permits consider the ways in which new development and uses affect the character and amenity of an area.

The Banyule Planning Scheme determines if a planning permit is needed and sets out the way land can be used and developed through policies and objectives. It includes both written text and maps that show the zones and overlays that affect land.