Most building and demolition projects do require a building permit. However, there are some situations where building works may be exempt from a building permit. The Building Regulations specify the criteria that must be met for a proposal to be exempt from requiring a building permit.
What is a building permit exemption in Victoria?
It’s always critical that you find out if you require a building permit for any construction or demolition work that you are undertaking on your property. This includes everything from small renovations to a complete knockdown and rebuild.
It is a common misconception that a person can obtain a legal document that exempts the need for a building permit. However, that is not the case. It is always best to contact your local council to find out whether or not you need a building permit. It’s also worth noting that even if you are exempt from obtaining a building permit, you may still be required to apply for a planning permit.
Why are building permit exemptions provided?
A licensed building surveyor will issue a building permit where required. Every building or demolition project requires a building permit, though exemptions do exist in certain situations. Generally, projects such as small sheds, fences, and minor maintenance may not require permits. However, it is important to note that there are several other requirements which must be met in order for the works to be exempt from requiring a building permit. Therefore, it is essential that you seek expert advice from a building surveyor or your local council before commencing any work.
What kind of work can I obtain an exemption for?
In Victoria, most building work requires a building permit, though certain projects may be exempt. State building regulations specify what type of building work is exempt. We’ve provided a list below of works that generally may not require a permit. This list is to provide general examples only, and should not be taken as advice. Before you begin any work, you must obtain accurate and specific information about your building permit obligations.
Pergolas
Small pergolas may be exempt from a building permit. However, there are limits on the area, height and other factors. Generally, if the area is less than 20m2 and the height is less than 3.6m, you may be exempt from requiring a building permit. This does, however, depend on several other regulations and factors, and so you must seek confirmation from your local council or the Victorian Building Authority before commencing any work.
Freestanding sheds
Building a free-standing shed less than 10m2 and constructed of non-combustible material may not require a permit in Victoria. However, this is dependent on several other factors and so project specific information must be sought out before starting work from your local council or a registered building surveyor.
Kitchen renovations
Generally, renovating or replacing an existing kitchen may not require a permit. However, if there are alterations to the structure of the building, or structural work is proposed, a permit will be required. It is essential that you obtain accurate information and advice before beginning any renovations.
Retaining walls
A retaining wall that is no more than 1000 mm in height generally may not require a building permit. For larger structures, it is likely that a permit must be obtained. Associated demolition or construction works in the vicinity of the wall often mean a permit is required, but expert advice specific to your project must be sought as there may be other triggers.
Building maintenance and repairs
Certain types of maintenance and repairs may be exempt from a building permit. However, a permit will be required if there are alterations to the building where the floor area or height of the building increases, or if the building is listed on the heritage register. Please note there may be other triggers which warrant the need for a building permit, and so you must always seek advice from your local council before commencing any work.
Swimming pools
If a swimming pool has a depth of less than 300 mm, a permit may not be needed. However, if the pool is deeper than this, both a permit and a safety fence are necessary. Again, seek out expert advice before building or setting up a swimming pool.
Windows
Replacing same-size windows will generally not require a permit. However, if there are alterations, such as creating bay windows, a permit will be needed.
Always be informed
At the end of the day, expert advice and guidance are a must when it comes to building permit exemptions in Victoria. You should always contact your local council to find out if your building work triggers the need for a building permit.
