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Do I Need a Building Permit?

1. Overview

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)

WORKS	DESCRIPTION	PERMIT REQUIRED
Addition/Extension	Additions to a dwelling or any other building	Yes
Alterations (Structural)	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).	Yes
Alterations (Non-structural)	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	No, however check with a registered building surveyor for confirmation
Change of Use	Changing the use of a building from one class to another (i.e. shed to a dwelling)	Yes
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	Yes
Demolition/Removal	Removal, demolition or CFA burn of a building to remove it from site	Yes
New Building	Construction of Dwelling	Yes
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.	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
Re-Erection	Re-Erection of an existing dwelling	Yes
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	No, however check with a registered building surveyor for confirmation
Restumping	Re-blocking, restumping or underpinning of an existing building (including partial)	Yes
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	Yes
Roofing	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	Yes
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
Windows	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	No
Windows	Installation of bay or corner type windows, where structural alterations are required	Yes

2. Sheds/Garages/Carports (Class 10a)

WORKS	DESCRIPTION	PERMIT REQUIRED
Addition/Extension	Additions to a dwelling or any other building	Yes
Alterations	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	No, however check with a registered building surveyor for confirmation
Construction of Carport	Carport attached to (or physically sited beside) another building	Yes
Cubby House	Children's timber or plastic cubby or play house if: 10m² or less in area, and 3m or less in height, and setback 1m or more from the boundary, and located no further forward that the front wall of the dwelling NOTE: A Building Permit is required if the proposed works do not meet the above criteria	No
Demolition/Removal	Demolition/Removal of a freestanding Class 10a building that: 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 NOTE: A Building Permit is required if the proposed works do not meet the above criteria	No
New Building (over 10m²)	New Shed/Garage/Carport more than 10m² in area	Yes
New Building (10m² or under)	New Shed/Garage/Carport if the proposed works are: 10m² or under, and is no more than 3m in height (or 2.4m if within 1m of boundary), and not built of masonry, and if belonging to a building of another class on the same allotment, is located no further forward on the allotment than the front wall of the building to which it belongs, and if it is not belonging to a building of another class on the same allotment, is the only Class 10a building on the allotment and is setback at least 9m from the front street alignment and at least 2m from each side street alignment if on vacant land. NOTE: A Building Permit is required if the proposed works do not meet the above criteria Note: Report & Consent may be required if the building is proposed to be constructed over an easement	No
Renewal/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	No, however check with a registered building surveyor for confirmation
NOTE: A CLASS 10a BUILDING MUST NOT BE CONSTRUCTED ON VACANT LAND WITHOUT CONSENT FROM COUNCIL'S BUILDING DEPARTMENT (Refer to Appendix 23 - Regulation 422 in appendixes)

3. Swimming Pools and Spas (Class 10b)

Current Swimming Pool and Spa registration information can be found here.

WORKS	DESCRIPTION	PERMIT REQUIRED
Above Ground Pool	Construction of a swimming pool or spa greater than 300mm in depth	Yes, must include safety barrier
Deck	Attached to a building irrespective of size or forming part of a swimming pool surround	Yes
Inflatable or Temporary Pool	A relocatable swimming pool that is erected temporarily in an area enclosed by an approved safety barrier	No, however Permit for safety barrier required
Inground Pool	Construction of a swimming pool or spa greater than 300mm in depth	Yes, must include safety barrier
Safety Barrier (new)	Safety Barrier constructed around pools or spas that can contain over 300mm in depth of water	Yes
Safety Barrier (alterations)	Alterations to an existing safety barrier	Yes
Spa	Installation of spa	Yes, must include safety barrier

Commercial Buildings (Class 5, 6, 7 and 8)

(Class: 5 - Office, 6 - Shop/Restaurant, 7 - Warehouse, 8 - Factory)

WORKS	DESCRIPTION	PERMIT REQUIRED
Addition/Extension	Adding additional space to a building	Yes
Alterations	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	No, however check with a registered building surveyor for confirmation
Change of Use	Changing use of a building from one Class to another (i.e. shop to an office or restaurant, dwelling to a shop or office)	Yes
Demolition/Removal	Removal, demolition or CFA burn of a building to remove it from site	Yes
New Building	Construction of a new commercial premises	Yes
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	No, however check with a registered building surveyor for confirmation
Sign	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	Yes
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

4. Fences (Class 10b)

Visit our fencing page for further information regarding building a fence in the Colac Otway Shire.

WORKS	DESCRIPTION	PERMIT REQUIRED
Corner Fence	Construction of a fence over 1m in height and within 9m of a point of intersection of street alignments	Yes
Front Fence (Declared Road)	Construction of front fence on a declared road over 2m in height	Yes, see VicRoads Declared Roads
Front Fence (Light Weight - Picket, Colorbond, Etc.)	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	Yes
Front Fence (Solid - Brick, Concrete, Etc.)	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	Yes
Side or Rear Boundary Fence (over 2m)	Construction of a side or boundary fence more than 2m high	Yes
Side or Rear Boundary Fence	Construction of a side or boundary fence 2m high and not within 3m of a street alignment	No
Security Fence	Fence containing barbed wire adjacent to a street alignment	Yes
Tennis Court Fence	Construction of a chain wire tennis court fence	No, if contained within the property boundary

5. Other Works

WORKS	DESCRIPTION	PERMIT REQUIRED
Bushfire Shelter	Construction of a bushfire shelter	Yes
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	Yes
Hail Netting	Hail netting that is permeable and used for agricultural purpose supported on posts not greater than 3m in height with tensioned cables fixed to the ground	No
Mast/Pole/Antenna (attached to building)	Installation of mast, pole, antenna, aerial, or similar Class 10b structure attached to a building with height exceeding 3m above the highest point of the attachment to the building	Yes
Mast/Pole/Antenna (on ground)	Installation of mast, pole, antenna, aerial, or similar Class 10b structure not attached to a building and with height exceeding 8m above ground level	Yes
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.	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	No
Retaining Wall	Construction on or near site boundaries where there is a risk of damage to adjoining property; or Construction of a retaining wall 1m or more in height	Yes
Retaining Wall	Construction of a retaining wall less than 1m and: not associated with other building work, or not associated with protection of adjoining property	No
Shade Sail	Installation of shade sail over 20m² or located within the front setback	Yes
Shipping Container	Installation of shipping container for storage, dwelling, etc.	Yes
Sign	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	Yes
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
Solid Fuel or Wood Heater	Installation of a wood heater (solid fuel burning appliance)	No, however installation must be undertaken by a licensed plumber
Verandah	Construction of a verandah attached to any building	Yes

Contact Colac Otway Shire Council