The Building Regulations stipulates that all building work requires a building permit, unless the work is specifically exempt under schedule 3 of the regulations. Any building work which involves work to structural or load bearing elements of an existing building, regardless of cost, will require a building permit.
A building permit is required for most building works or change of use of an existing building.
You must have a Building Permit before any work can begin. Please note you may also need a Planning Permit for the proposed works (even where a building permit may not be required).
Penalties may apply if you commence building work without the correct permits, you may also be compelled to demolish illegal buildings, so never rely on informal advice that permits are not needed.
Always speak to a registered building surveyor before you commence work to ensure you have the required approvals in place.
You can phone the Council Building Department on (03) 5232 9400 to seek feedback from Council building staff or you can contact a private building surveyor
Dwellings (Class 1a)
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WORKS
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DESCRIPTION
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PERMIT REQUIRED
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Addition/Extension
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Additions to a dwelling or any other building
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Yes
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Alterations (Structural)
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Structural alterations to a dwelling or any other building; or
Removal of or alteration to a load-bearing part or a part contributing to the support of a building. (e.g. a wall supporting a ceiling and/or roof propping or required for bracing the structure against wind or movement).
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Yes
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Alterations (Non-structural)
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Alterations to a building, if 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, or underpinning or replacement of footings, or the removal or alteration of any element of the building that is contributing to the support of any other element of the building; and
- will not project beyond the street alignment; 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; and
- is not work in relation to, and will not adversely affect, an essential safety measure relating to the building
e.g. Remodeling of a bathroom or kitchen, replacement of internal wall and ceiling linings and replacement of external wall cladding (like for like) that does not include structural alterations
NOTE: A Building Permit is required if the proposed works do not meet the above criteria
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No, however check with a registered building surveyor for confirmation
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Change of Use
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Changing the use of a building from one class to another (i.e. shed to a dwelling)
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Yes
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| Deck |
Attached to a building irrespective of size or forming part of a swimming pool surround
Detached timber deck constructed as part of the amenity of a dwelling
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Yes |
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Demolition/Removal
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Removal, demolition or CFA burn of a building to remove it from site
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Yes
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New Building
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Construction of Dwelling
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Yes
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Pergola
Note: A pergola is defined in regulation 5 to mean an open structure that is unroofed but may have a covering of open weave permeable material.
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Construction of pergola that
- is not more than 3.6m in height; and
- if belonging 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 belongs; and
- has a floor area not exceeding 20m2
NOTE: A Building Permit is required if the proposed works do not meet the above criteria
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Re-Erection
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Re-Erection of an existing dwelling
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Yes
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| Repair/Maintenance |
Repair, renewal or maintenance of a part of an existing building, if 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, or underpinning or replacement of footings, or the removal or alteration of any element of the building that is contributing to the support of any other element of the building; and
- is done using materials commonly used for the same purpose as the material being replaced; and
- will not adversely affect the safety of the public or occupiers of the building; and
- will not adversely affect an essential safety measure relating to the building
NOTE: A Building Permit is required if the proposed works do not meet the above criteria
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No, however check with a registered building surveyor for confirmation |
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Restumping
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Re-blocking, restumping or underpinning of an existing building (including partial)
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Yes
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| Retaining Walls |
Construction on or near site boundaries where there is a risk of damage to adjoining properties; or
Construction of a retaining wall 1m or more in height
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Yes |
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Roofing
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Replacement of corrugated iron roofing with concrete or terracotta roofing tiles; or
Replacement of concrete or terracotta roofing tiles with corrugated iron roofing.; or
Replacement of corrugated iron roofing with another pre-finished metal sheeting which requires the installation of structural battens
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Yes
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| Roofing |
Replacement of corrugated iron roofing with similar corrugated iron sheeting (colorbond) and no replacement of structural battens |
No |
| Verandah |
Construction of a verandah attached to any building |
Yes |
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Windows
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Replacement of windows with similar type windows, where not structural alterations are required
NOTE: A Building Permit is required if the proposed works do not meet the above criteria
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No |
| Windows |
Installation of bay or corner type windows, where structural alterations are required |
Yes |
Current Swimming Pool and Spa registration information can be found here.
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WORKS
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DESCRIPTION
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PERMIT REQUIRED
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Above Ground Pool
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Construction of a swimming pool or spa greater than 300mm in depth
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Yes, must include safety barrier
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| Deck |
Attached to a building irrespective of size or forming part of a swimming pool surround |
Yes |
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Inflatable or Temporary Pool
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A relocatable swimming pool that is erected temporarily in an area enclosed by an approved safety barrier
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No, however Permit for safety barrier required
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Inground Pool
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Construction of a swimming pool or spa greater than 300mm in depth
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Yes, must include safety barrier
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Safety Barrier (new)
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Safety Barrier constructed around pools or spas that can contain over 300mm in depth of water
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Yes
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Safety Barrier (alterations)
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Alterations to an existing safety barrier
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Yes
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Spa
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Installation of spa
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Yes, must include safety barrier
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Commercial Buildings (Class 5, 6, 7 and 8)
(Class: 5 - Office, 6 - Shop/Restaurant, 7 - Warehouse, 8 - Factory)
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WORKS
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DESCRIPTION
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PERMIT REQUIRED
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Addition/Extension
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Adding additional space to a building
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Yes
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Alterations
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Alterations to a building, if 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, or underpinning or replacement of footings, or the removal or alteration of any element of the building that is contributing to the support of any other element of the building; and
- will not project beyond the street alignment; 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; and
- is not work in relation to, and will not adversely affect, an essential safety measure relating to the building
NOTE: A Building Permit is required if the proposed works do not meet the above criteria
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No, however check with a registered building surveyor for confirmation
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Change of Use
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Changing use of a building from one Class to another (i.e. shop to an office or restaurant, dwelling to a shop or office)
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Yes
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Demolition/Removal
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Removal, demolition or CFA burn of a building to remove it from site
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Yes
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New Building
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Construction of a new commercial premises
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Yes
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| Repair/Renewal |
Repair, renewal or maintenance of a part of an existing building, if 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, or underpinning or replacement of footings, or the removal or alteration of any element of the building that is contributing to the support of any other element of the building; and
- is done using materials commonly used for the same purpose as the material being replaced; and
- will not adversely affect the safety of the public or occupiers of the building; and
- will not adversely affect an essential safety measure relating to the building
NOTE: A Building Permit is required if the proposed works do not meet the above criteria
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No, however check with a registered building surveyor for confirmation |
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Sign
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More than 1m above ground level and within 3m of a street alignment; or
More than 8m above ground level and more than 6m2 in display area
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Yes
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| Sign (Real Estate) |
Free standing, self-supporting sign not more than 4.6m2 in area |
No |
| Sign (Real Estate) |
For sale or lease sign located on a shop verandah |
Yes |
Visit our fencing page for further information regarding building a fence in the Colac Otway Shire.
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WORKS
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DESCRIPTION
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PERMIT REQUIRED
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Corner Fence
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Construction of a fence over 1m in height and within 9m of a point of intersection of street alignments
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Yes
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Front Fence (Declared Road)
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Construction of front fence on a declared road over 2m in height
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Yes, see VicRoads Declared Roads
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Front Fence (Light Weight - Picket, Colorbond, Etc.)
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Construction of fence over 1.5m in height when within 3m of a street alignment and which is not constructed of masonry, concrete or similar material
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Yes
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Front Fence (Solid - Brick, Concrete, Etc.)
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Construction of fence over 1.2m in height when within 3m of a street alignment and which is constructed of masonry, concrete or similar material
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Yes
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Side or Rear Boundary Fence (over 2m)
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Construction of a side or boundary fence more than 2m high
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Yes
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| Side or Rear Boundary Fence |
Construction of a side or boundary fence 2m high and not within 3m of a street alignment |
No |
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Security Fence
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Fence containing barbed wire adjacent to a street alignment
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Yes
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Tennis Court Fence
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Construction of a chain wire tennis court fence
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No, if contained within the property boundary
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