Do I need a Building Permit?
The answer is most probably YES. Some of the common types of building work that require a building permit include:
- Pool fence
For more information and any building work that is exempt from requiring a building permit, see the VBA Practice Note When is a Building Permit Required?(PDF, 903KB)
A building permit is required before any building work begins to ensure that work is safe and complies with the Building Regulations 2018. Penalties for conducting work without a building permit under the Building Act 1993 can exceed $80,000 and also include the possibility of a criminal conviction.
Why do I need a building permit:
A permit ensures that the structure is built in compliance with the Building Act, Regulations and Building Code of Australia.
Statutory inspections are undertaken during the building process to ensure compliance.
Appropriate building warranty insurance is in place for the building work to protect current and future owners.
Most building works are required to have a building and/or planning permit. When undertaking building works use a registered building practitioner and ensure contracts are in place to protect both the home owner and the builder.
Who issues Building Permits?
Since the building industry was privatised approximately 20 years ago, building permits within the Mornington Peninsula Shire have been issued by private building surveyors and not by the Shire. You need to engage a private building surveyor before you commence building work. You will find a list of ‘Building Surveyors’ online and in the phone directory.
Why do I need a Private Building Surveyor?
A private building surveyor will issue your building permit, ensuring that all requirements have been met before building work begins and will also conduct inspections at key stages during construction to check that the building work is compliant. The private building surveyor will also issue the Certificate of Occupancy or Final Certificate, that enables you to occupy or use the building once work is complete.
Impact of carrying out building work without a building permit
- Council will issue Orders to remove the unauthorised building work.
- Council may commence a Building Act prosecution in the Magistrates Court against the property owner or the person who carried out the building work.
- Your household insurance may be invalid.
- There will be no warranty insurance for the building work.
- You may be responsible to any future purchaser for non compliant unauthorised works.
Do I need a Planning Permit?
If you wish to make changes or additions to buildings or dwellings on your property it is likely that you will need a planning permit. For more information, see Do I need a planning permit?
Building Permit Requirements
You may need to access a range of Council services to meet your building permit requirements. Your private building surveyor will advise you of any documentation that is required for your building permit.
Services that you might require from Council for your building permit include:
For information on building over a South East Water easement, see Buildover South East Water Easement.