Victorian Planning Permit Process for Residential Builders

What it is

Victoria runs two parallel approval tracks for residential building work. A planning permit deals with the use and development of land. A building permit deals with how the building is constructed. Both can apply to the same job, and neither one replaces the other.

The planning permit pathway sits under the Planning and Environment Act 1987 (Vic). The Victoria Planning Provisions, made by the Minister for Planning under that Act, set the template for every local planning scheme in the state. Each council adopts the planning scheme that applies to its area, which is why a deck in Bayside might need a permit when the same deck in Whittlesea does not.

The two-permit reality

A planning permit is consent to use or develop land in a particular way. The scheme might require a permit because of the zone, an overlay like Heritage or Bushfire Management, or a specific use trigger. The decision-maker is usually the responsible authority, which for most residential work is the local council.

A building permit is a separate document issued by a registered building surveyor under the Building Act 1993 (Vic) and the Building Regulations 2018 (Vic). It certifies that the proposed work meets the National Construction Code and other technical requirements. You may need a building permit even when no planning permit is required, and vice versa.

The practical sequence on most jobs is: planning permit first, then building permit, then construction, then occupancy permit or certificate of final inspection. Skipping the planning step is the single most common cause of stop-work orders on suburban residential sites.

When a planning permit is required

The trigger always sits in the local planning scheme. Typical residential triggers include:

• Building or works on land in a Heritage Overlay, Significant Landscape Overlay, Vegetation Protection Overlay or Bushfire Management Overlay
• Construction of two or more dwellings on a lot in the General Residential Zone, Neighbourhood Residential Zone or Residential Growth Zone
• Subdivision of land
• Extensions to a dwelling on a lot under 300 square metres in some zones
• Vegetation removal where an overlay protects native vegetation

Single-dwelling additions on a lot above the size trigger, with no overlays in play, usually need no planning permit at all. The first step on any project is a written planning property report from the VicPlan service, which lists every overlay and zone affecting the land.

VicSmart for straightforward applications

VicSmart is a streamlined planning permit pathway introduced into the Victoria Planning Provisions for low-impact applications. It has a 10 business day statutory decision timeframe, no public notification, and fewer information requirements than a standard application.

Classes of VicSmart-eligible work include small front fences in a Heritage Overlay, certain advertising signs, minor buildings and works in some commercial zones, and subdivisions that follow an existing planning permit for buildings. The pre-set decision guidelines for each class sit in the relevant VicSmart particular provision.

VicSmart is not available for most multi-dwelling residential applications. If the proposal is anywhere close to the VicSmart eligibility boundary, lodge it on the standard track. A council that thinks an application is not actually VicSmart will switch it across, which restarts the clock.

The standard planning permit application

A standard application runs longer than VicSmart and involves more steps. Council assesses the proposal against the scheme, asks for further information if needed, notifies adjoining owners and occupiers where the scheme requires it, considers objections, and issues a notice of decision or a refusal. The Victorian Civil and Administrative Tribunal hears appeals against permit decisions and against conditions imposed on a permit.

ResCode, set out in Clauses 54, 55 and 56 of every planning scheme, governs assessment of one and two-dwelling proposals, multi-dwelling developments and residential subdivisions. ResCode sets standards and objectives across site layout, building height, setbacks, overshadowing, daylight, private open space and street character. A design that meets the standard is taken to meet the objective. A design that does not meet the standard can still be approved if it meets the objective.

Building permit and other approvals

Once the planning permit issues, the project moves to building permit lodgement with a private or council building surveyor. The surveyor checks the documentation against the National Construction Code and the Building Regulations 2018 (Vic), arranges mandatory inspections at stages set in the regulations, and issues an occupancy permit or final inspection certificate at completion.

Some sites need extra approvals on top of these two: a report and consent from council for siting matters that fall outside the deemed-to-satisfy provisions, a bushfire attack level assessment for BAL-rated construction, a Section 173 agreement registered on title for ongoing obligations, or a planning permit amendment if the design changes after the original permit issues.

The clean discipline for residential builders is to map every approval the site needs in week one. Drawing up the planning and building tracks side by side, with realistic timelines for each, prevents the cost blowouts that come from discovering a heritage overlay halfway through detailed design.