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Building permits

Building permits and when you need them

Do I need a building permit?

All building works need a building permit unless they are exempt under the Building Regulations 2018. You can find the Building Regulations 2018 on the Legislation Victoria website.

You can contact us to find out if you need a building permit using the details on our Contact us page.

If your project needs a planning permit, you will need to get a planning permit before you apply for a building permit. You can find out more about when you need a planning permit on our When you need a planning permit page.

If you build without the correct permit, you may be ordered to demolish any buildings or works that have been completed without a permit and you could be fined.

You need to have a building permit because having one means that your building project:

  • is built by a registered builder
  • has the correct documentation
  • is inspected at different stages of work
  • is independently assessed as finished and/or suitable for occupation
    • You are changing the use of the building (for example, turning a shop into a cafe)
    • You are making extensions or changes to a building that already exists
    • You are demolishing anything
    • You are changing over signs on the building
    • You are making changes to safety features in the building (for example, exit signs, emergency lighting and sprinklers)
    • You are making changes to the path of travel through the building
    • A new home
    • Certain swimming pools or spas and any safety barriers
    • Extensions and renovations
    • Demolition and building removal
    • New fencing, re-stumping, a retaining wall or a boundary wall
    • A garage, carport or any building outside or unattached to the main house
    • A veranda or pergola

Building permit exemptions

The following projects do not always need a building permit, depending on the shape, size, and extent of the build:

  • a freestanding shed
  • the repair, renewal, or maintenance of an existing building
  • certain swimming pools and spas
  • fences
  • signs
  • masts, poles, antennas, or aerials
  • some retaining walls
  • a pergola attached to a home

See the VBA’s Practice Note BP-01: When a building permit is needed for further information on if your build meets the requirements for exemption. If your project is not on the VBA's exemption list you can see if you need a building permit by contacting us using the details on our Contact us page.

How do I obtain a building permit?

You will need a Building Surveyor for any project that requires a building permit.  Building Surveyors are professionals they make sure that plans and building work comply.

A Building Surveyor is involved for the whole of the building work including inspections, and issuing of an Occupancy Permit or a Certificate of Final Inspection when the work is completed.

You can get a building permit by employing a registered building surveyor and you can then apply for a building permit from that building surveyor.

In Victoria there are two ways of getting a building permit, either from Council or from a private building surveyor

If your building project is within the City of Merri-bek, you can apply for your building permit from us. However, due to a current shortage of qualified building inspectors in the industry, you should expect long delays if you apply for a building permit with Council.

If you do not want delays, you should apply for a permit with a private registered building surveyor.

You can search for private registered building surveyors using the 'Look up a practitioner tool' on the Victorian Building Authority (VBA) website. You can also find this information on the Australian Institute of Building Surveyors website.

Variations or extensions of time to Council issued building permits

If you want to make amendments to a Council-issued building permit, or you need an extension of time to start or complete the building works allowed under a Council-issued building permit, you can apply for a variation or extension of time.

  • If your building permit was issued by Council Building Services, you can apply to vary the permit or apply to us for an extension of time to complete the works.

    To do so, complete the revelant form: 

    You should then submit the form in person along with any supporting documentation as required and the fee to Merri-bek Civic Centre, 90 Bell Street, Coburg or mail it to Merri-bek Building Services, Locked Bag 10, Merri-bek 3058.

    This only applies to Council issued building permits. If your building permit was issued by a private building surveyor, please contact them directly to discuss any variations to the building permit or extensions of time as they will have their own forms and processes.

  • You can apply for an occupancy permit through us if our Building Services team issued your building permit.

    Apply by completing the Occupancy Permit Application form: 

    You should then submit the form along with any supporting documentation and the fee either:

    • in person at Merri-bek Civic Centre, 90 Bell Street, Coburg or
    • by mail to Merri-bek Building Services, Locked Bag 10, Merri-bek 3058.

    This only applies to Council issued building permits. If your building permit was issued by a private building surveyor, please contact them directly to apply for your Occupancy Permit as they will have their own forms and processes. 

Building related fees

There is no set fee for a building permit. The fee is based on a percentage of the cost of the works, plus GST. There is also a minimum fee for minor works.

Please note: projects over $10,000 will also have to pay a state government levy.

If you are using a private registered building surveyor, you should contact them directly to discuss building permit fees.

Other fees related to building projects are listed below.

  • These fees apply from July 1, 2023:

    • Extension of time for a Council-issued building permit $375.00 for a 6 month extension or $570.00 for a 12 month extension
    • Variation to documents only, submitted for a Council-issued building permit $265.00

    Council has introduced the Development Contributions Plan Levy (DCP), which applies to certain types of development. For more information, including a calculator to estimate the DCP amount, see Merri-bek Development Contributions Plan.

    If you need to pay a fee that’s not listed above, contact us to discuss.

  • These fees apply from July 1, 2023:

    • Consent to demolish $91.40
    • Consent to building over an easement vested in Council $390.00
    • Consent for siting $311.80
    • Consent for projections $311.80
    • Consent for flooding $311.80
    • Consent for precautions (Reg.116) $316.40
    • Fee for Council to undertake notification to adjoining owners as part of a Part 5 report and consent application $143.00
  • These fees apply from July 1, 2023:

    Contact Council Building Services if the fee you require is not shown.

  • If you decide not to proceed with your building application, you may be entitled to a part refund of the fee you paid. To be considered for a refund, write to the building service officer assessing application, including an explanation of why the refund is being requested.

    The table below demonstrations how the refund amount will be calculated.

    Building Permit Application has not been checked

    Deposit fee paid.

     

    Full Refund of the deposit fee

    Building Permit Application has been checked but permit not issued.

    Deposit fee paid.

     

    No refund of deposit fee.

    Building Permit Application has been checked but permit not issued.

    Full fees paid.

     

    Refund is calculated by deducting the applicable 40% or 50% deposit from the full fee paid.

    Building permit has been issued but no work has commenced.

     

    25% fee paid.

    (Refund on statutory fees & charges does not apply)

    Where a building permit has lapsed for commencement within the last 6 months, no work has commenced on site and the applicant wishes to apply for a new building permit for the same design.

     

    25% of total building fee can be apportioned to the deposit for the new application.

    (Refund on statutory fees & charges does not apply)

    Where a building permit has been issued and consequently lapses (commencement or completion).

     

    No refund of fees.

    Council Report and Consent Application with assessment undertaken without decision

    Each regulation

    Refund 25% of application fee

    Council Report and Consent Application with NO assessment undertaken without decision

    Each regulation

    Refund all fees exceeding a $180 administration charge

Building forms

You can apply for most building-related applications online and there is no need for hard copy forms.

Before looking at this list and downloading forms, make sure you know which form you need. If you do not know what form you need contact Council and speak to one of the building team using the details on our Contact us page.

Request adjoining owner details for the purpose of serving protection works notices

The following forms are available for you to download and complete to apply for adjoining owner details for the purpose of serving protection works notices:

Application for adjoining owner details for serving Protection Work Notices (PDF 193Kb)

Copy of building permit plans applications

You can apply online for copies of building plans on our eServices website.

If you would like to apply using a hard-copy form you will need to fill out our Application for copies of building plans form (PDF 315Kb).

Council issued building permit forms

The following forms are available for you to download and complete to apply for a Council issued building permit:

Swimming pool and spa registration form

You can apply online to register a swimming pool and spa on our eServices website.

If you would like to apply using a hard-copy form you will need to fill out our Pool or spa registration application form (PDF 236Kb).

Demolition forms

You can apply online for consent to complete a demolition (section 29A) using the form on our eServices website.

If you would like to apply using a hard-copy form you will need to fill out ourSection 29A - Consent to demolish application form (PDF 450Kb).

Property information forms

You can submit an online request for property information (Building Services) Reg. 51 on our eServices website.

If you would like to apply using a hard-copy form you will need to fill out our Request for property information (Building Services) Reg. 51 application form (PDF 199Kb)

Other property information options are available on our Property information page.

Public protection forms

You can apply online for public protection consent using the following forms on our eServices website:

If you would like to apply using a hard-copy form you will need to fill out the corresponding form below:

Report and consent siting forms

You can apply online for report and consent siting for Regulations 73–87, 89–97, 109, 130 and 134 by filling in the form on our eServices website.

If you would like to apply using a hard-copy form you will need to fill out the Report and consent form siting for Regulations 73–87, 89–97, 109, 130 and 134 (PDF 327Kb).

Report and consent flooding forms

You can apply online for report and consent flooding (Regulations 153 and 154) by filling in the form on our eServices website.

If you would like to apply using a hard-copy form you will need to fill out the Report and consent form for Regulations 153, 154 – land subject to flooding and inundation (PDF 327Kb).

Adjoining owners comment forms

From March 1, 2022 Council will no longer be accepting  adjoining owners comments submitted by applicants.   Council will advertise siting report and consent applications to affected neighbours for a  fee consistent with the Victorian Building Association practice note 57.  

Request for the consent of Council as Public Land Manager

The following forms are available for you to download and complete to request for the consent of Council as a landowner or Public Land Manager to the submission of an application for a planning permit, building permit, or planning scheme amendment:

Enforcement forms

The following forms are available for you to download and complete for Building Services complaints:

Termites and white ants

Termites and white ants can damage houses and units by eating wood and damaging the structure of the house. 

Merri-bek City Council is not currently listed as a declared termite zone. However, termites may still be found within the Merri-bek municipality. It is recommended that any new construction works have appropriate termite protection which is outlined in the National Construction Code.

There is information on termite-infested areas in Victoria and termite management on the Victorian Building Authority website.

Owner-builder requirements

If you are building or renovating on your own land, and you are not a registered builder, you are known as an owner-builder.

If you are an owner-builder, you:

  • need to get a certificate of consent for domestic building work that costs more than $16,000 (including labour costs and materials) before you apply for a building permit. You can find out more about this on the Victorian Building Authority website.
  • can get a building permit for one single home every three years
  • must not build for a profit
  • must own the land or property you are building on
  • must either live in or intend to live in, the single home

Fencing

Depending on the type of fence you are building, you may need a building permit.

Front Fence
  • A front fence can be constructed out of timber or wood to a height of 1.5 metres, or out of masonary (or a steel/timber/masonary combination) to a height of 1.2 metres without a Building Permit.
Side Fence
  • A side fence fence can be constructed up to 2 metres in height without a Building Permit. Construction within the first 3 metres of your front property boundary must be limited to 1.5 metres, however.

Front fence on a corner allotment

  • A front fence on a corner allotment can be constructed to 1 metre in height without a Building Permit.

     


    Merri-bek's Fencing Guideline.PDF provides a handy overview. Alternatively, the Building Regulations 2018 will provide more detailed information around the kind of fences that can be built and if a building permit is needed for them.

    Below you can find information about building different types of fences, and who is responsible for them.
  • Property owners are responsible for any fences on their property that face a road reserve.
    This means that if one of these fences needs to be replaced, or needs any work done to it, the property owner is responsible for the cost and organisation of this.

    A road reserve includes streets, roads, laneways or rights-of-way. Council does not share the cost of maintaining these fences.

  • If the back or side of your property shares a fence with land or a building owned by us, we will share any fence costs with you.

    If you do share a fence with us and it needs to be repaired or replaced, you should get 2 to 3 quotes for whatever work the fence needs. The quotes should include:

    • the cost per metre of a treated pine paling fence
    • the cost of removing the old fence
    • the GST amount

    Once you have the quotes you should email them to buildingmaintenance@merri-bek.vic.gov.au or mail them to Merri-bek City Council, Locked Bag 10, Coburg 3058, attention Building Maintenance.

  • Fences between two properties are the responsibility of both property owners. This is because the properties share the fence. Legally, if you share a common boundary with someone else, you both need to pay to build and maintain the fence.

    The property owners need to share the cost of a standard fence.

    See the Law Handbook webpage for more information on boundary fences.

    If you and your neighbour don’t agree on how to replace or repair a boundary fence, Council cannot help you resolve this as it is a civil matter. If this is an issue you need help with, you can contact:

    If you want to speak to a neighbour or another property owner about a shared fence, you can contact us to get their details. We can provide you with these details under the Information Privacy Act, if you ask for them in a letter or an email. You can ask for these details by filling in the following form: 

    Email ratescontact@merri-bek.vic.gov.au the completed form to us, hand it in person at a Council Customer Service Centre, or post it to Merri-bek City Council, Locked Bag 10, Merri-bek 3058.

    The information we give you must only be used to speak to the property owner about the fence and related issues.

Steps in your building project

Below we provide a step-by-step guide for your building project.

  • You may need a planning permit for your building project. If so, you must have this permit before you can get a building permit. See Find out more about when you might need a planning permit

  • Building permits are issued by building surveyors. In Victoria, the owner can choose to appoint a building surveyor from Council or a private registered building surveyor.

    Unfortunately at present, Merri-bek City Council is unable to offer a building permit and inspection service. Owners are encouraged to make enquiries for building surveying needs with a private registered building surveyor. You can search for private registered building surveyors using the VBA Look up a practitioner tool or by visiting the Australian Institute of Building Surveyors website

  • After this, you will need to get your building permit. Only certain projects can go ahead without a building permit

    Your architect or builder can apply for a building permit for you, but you need to make sure it is the correct permit. To do this, you need to give your builder or architect permission in writing to fill in the building permit application. You must never sign a blank form; it must be filled in before you sign it. Even if your architect or builder has applied for your permit, you need to check that the permit has been issued before any work begins.

    If you require other permits for your building project (for example, consent to demolish or a drainage connection permit), you can find out more on our building permit page

  • Your building surveyor will let you know during this stage if you need to protect a property next to you from any damage that might happen because of your building work. You can find out more information about this from the VBA.

  • Once the building permit is issued, your building project can begin. Your building surveyor will inspect the building project at different stages of work.

  • Once your building project is complete, your building surveyor will issue an occupancy permit or a certificate of final inspection. It will say on your building permit if you need an occupancy permit or a certificate of final inspection.