When do I need a Building Permit

A building permit is required for most building works. The building permit ensures that the building work, when constructed, complies with the Act, Regulations and National Construction Code and relevant Australian Standards, and the building or structure is suitable to occupy or use.

Building Permit Process

The Building Act 1993 (the Act) and Building Regulations 2018 (the Regulations) legislate that all building work is subject to the issuing of a building permit, unless an exemption exists for the proposed work under the Regulations. This includes some minor alterations, demolitions, and repair or maintenance work. A building permit will specify when an occupancy permit is required or when a certificate of final inspection is necessary on completion of the building work.

Building Permit Approvals

  • Building Permits and Certifications
  • Occupancy Permits
  • Certificate of Final Inspections
  • Certificates of Classifications

Consultancy

  • Building Regulatory Advice and Consultancy
  • Protection Works Advice
  • Dispensation Applications
  • Building Modification Applications to the Building Appeals Board

Inspections and Audits

  • Mandatory Building Inspections
  • Non-Mandatory Building Inspections
  • Due Diligence Audits of Existing Buildings
  • Building Code of Australia Audits
  • Essential Safety Measures (ESM) Audits
  • Bushfire Attack Level (BAL) Reports
  • Liquor License Inspections & Reports

Liquor License Compliance

Any person or organisation that intends to supply liquor in Victoria must apply for a license through Liquor Licensing Victoria. In order to apply for a new license or transfer an existing license, Liquor Licensing Victoria requires the applicant to provide evidence of patron capacity. A registered Building Surveyor is required to determine the maximum patron capacity. Vic Permits will provide either a patron calculation being a 0.75 m2 per person for the area covered under the red line licensed area or if the building has no occupancy permit the inclusion of a separate patron calculation in accordance with deemed-to-satisfy provisions of the Building Code of Australia.

A Red line plan is a floor plan of the premises clearly indicating the current layout of the building. The red line plan indicates the boundaries of the licensed area and should be indicated on the floor plan. The building surveyor calculates the actual floor area where it is expected that patrons will consume alcohol. This forms the basis for the calculations. If you do not have a current plan of the premises, give us a call and we can provide you with details of a draftsperson/architect who should be able to assist you by drawing the appropriate plan.

Our skilled inspectors and surveyors will conduct an assessment of your premises in order to ascertain the serviceable floor areas and amenities that you have available. This enables us to calculate and report on the maximum number of patrons allowed on the premises as per the requirements on the Building Code of Australia.

Essential Safety Measures (ESM)

Essential safety measures are central to ensuring a safe and healthy building environment in Victoria, and their maintenance is vital for the life, safety and health of occupants over a building’s lifetime.

When the construction of a building is complete, the building owner is responsible for its upkeep and maintenance, particularly its safety features or essential safety measures. The maintenance of essential safety measures will ensure that important safety systems within the building remain at the required operational level throughout the life of the building. The type of maintenance needed depends on the complexity of the safety measure, equipment or feature and the maintenance program required or expected at the time of installation.

Vic Permits Building Surveyors provide ESM audits to ensure the maintenance of the building has been met.

Essential Safety Measure include items listed in the Regulations, such as:

  • Air handling systems
  • Exit doors
  • Emergency lifts
  • Emergency lighting
  • Exit signs
  • Fire extinguishers
  • Fire detection and alarm systems
  • Fire hydrants
  • Fire isolated stairs
  • Mechanical ventilation
  • Paths of travel to exists
  • Smoke alarms
  • Sprinkler systems

Change of Occupancy/Use

Sometimes a building owner or occupier may wish to use the building for a purpose contrary to the approved use or classification of the building detailed on the current occupancy permit. The Building Act sets out the process for obtaining approval for either a change of classification or a change of use within the same classification. A person may apply for a new occupancy permit to replace the current occupancy permit when it is proposed that an existing building’s classification is to be different from that set out in the current occupancy permit. A change of classification requires the building to comply with the current building standards relevant for the new classification. In most cases this will entail building work to be carried out to meet the requirements for the new classification. In which case, a building permit may be required before works can start.

Regulatory Compliance

  • Australian Standards
  • National Construction Code

Accessibility Access Consulting

The Disability (Access to Premises – Buildings) Standards 2010, known as the Premises Standards, were created under the Disability Discrimination Act 1992. They apply to every new building project for which an application for a building permit is lodged with the Relevant Building Surveyor (RBS) on or after that date. Accessibility in the built environment means designing and building homes, and commercial and institutional buildings, which are suitable for any occupant, regardless of their age or ability. Accessible design complies with certain rules that are intended to ensure that the design is accessible for most people irrespective of ability.

We ensure new developments and building upgrades comply with regulations and standards, are safe and accessible for people with disability. These regulations and standards apply to the design of access ways, ramps, lifts, car parking, signage, sanitary facilities and other parts of buildings.

Building Notices and Orders

A building surveyor has an important role in the building permit system (including enforcement) and must maintain an appropriate professional distance to ensure the system’s integrity.

Under the Building Act 1993 (the Act) the Building Surveyor is able to issue directions to fix (DTF) (section 37F), building notices (section 106) and building orders (sections 111, 112 and 113) to bring about compliance and ensure the safety of people and property within Council’s municipal district.

Bushfire Attack Level (BAL) Reports

Victoria has mapped bushfire prone areas. The aim of the residential building standard for bushfire protection is to improve the ability of a building to withstand a bushfire attack. This will provide greater protection for the occupants who may be sheltering inside while the fire front passes. A great deal of scientific modelling has gone into the standard. The following chart outlines how the baseline data, which is defined as a Bushfire Attack Level (BAL), determines the type of construction required. The BAL takes into consideration a number of factors including the Fire Danger Index, the slope of the land, types of surrounding vegetation and its proximity to any building. Victoria has now developed online Bushfire Prone Area (BPA) maps. The bushfire prone areas have been determined using the most recent available scientific information and data. The maps can be viewed at www.land.vic.gov.au.

If your proposed residential building is within a BPA then a BAL assessment is required. If that BAL is determined as low, the construction requirements must still meet a minimum of BAL 12.5 as detailed in AS 3959 – 2018.