Building

If you are planning a new build, you will need to apply for a Building Permit. You may also need to apply for a planning permit depending on the characteristics of your build.

You will need to apply for a building permit if your renovation:

• Increases or decreases the floor area of the existing building
• Changes the height of the building
• Impacts any part of the foundations of the building
• Affects or alters the structural soundness of the building
• Impacts or modifies an essential safety measure relating to the building 

Examples of works exempted from a permit can include:

• Repairing or renewing damaged weatherboards
• Repairing or renewing non-fire rated wall, ceiling, or floor linings
• Retiling a bathroom or kitchen
• Reglazing or replacing a window without structural modifications
• Repairing parts of roofs with roof tiles or roof sheeting

Note: full replacement of elements of the building does not constitute repair, renewal or maintenance and must be treated as an alteration.

Alterations to a building are exempt from requiring a building permit provided 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
• Underpinning or replacement of footings
• The removal or alteration of any element of the building that is contributing to the support of any other element of the building

• Will not project beyond the street alignment
• Will not adversely affect the safety of the public or occupiers of the building
• 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
• Is not work in relation to, and will not adversely affect, an essential safety measure relating to the building

You will require a permit to demolish a home and most buildings. The person engaging in demolition work must be appropriately registered and have the capacity to carry out demolition work.

Demolition of a freestanding Class 10 building (e.g. private garage, carport, shed, fences, retaining walls, swimming pools and private bushfire shelters) is exempt from requiring a building permit provided that:

• It 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

A building permit is required for decks and verandahs attached to a building such as a house or swimming pool, regardless of size. A building permit is required for detached decks which provide an amenity to a building.

Sheds, carports, private garages and other non-habitable Class 10a buildings do not require a building permit when:

• The total floor area is less than 10m2; and
• The height of the structure is less than 3m, or less than 2.4m when located within 1m of the property boundary; and
• It is located no further forward on the allotment than the building to which it relates OR it is set back at least 9m from the front street alignment, and 2m from the side street alignment; and
• It is not constructed of masonry

Fences are exempt from a building permit when they are:

• not more than 2m in height; and
• If within 3m of a street (except a lane, footway, alley or right of way) is a maximum of 1.5m high and not constructed of masonry, concrete or similar; and
• If within 3m of a street (except a lane, footway, alley or right of way) is a maximum of 1.2m high constructed of masonry, concrete or similar; and
• If within 9m of a point of intersection of street alignment (e.g. corner blocks) is a maximum of 1m high above the footpath

Fitting out a shop or any business premises would require a Building Permit if the work involved does not attract an exemption under schedule 3 of the Building Regulations 2018.

For example, any work involving alterations to a structure or structural element of a building, essential safety measures, exits and exit paths of travel will require a Building Permit.

Changing the Use of a Building

A Building Permit is required when a person or a business wants to change the use of a building. This is because buildings are designed with features for their original use. For example, rooming houses have more fire safety equipment than most family homes.

Common examples where a permit would be required include changing: 

• A family house to a boarding house
• A garage to a hairdressing salon
• A warehouse to a place of worship
• A factory to a gym
• An office to a shop
• A shop to a bar or music venue

You will also likely need to apply for a planning permit for change of use.

A retaining wall less than 1000mm (1m) in height does not require a building permit when it is not associated with other building work or with protection work of an adjoining property. Otherwise, a Building permit will be required.

A pergola is defined in the Regulations as an open structure that is unroofed but may have a covering of open weave permeable material. These should not be confused with Verandahs, Carports or Garages.  A building permit is not required for a pergola when it is: 

• not more than 3.6m in height; and 
• in the case of a pergola that is appurtenant 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 is appurtenant; and 
• has a floor area not exceeding 20m2.

Restumping or completing underpinning work requires a building permit. 

You will require a building permit if you are changing the material of your roof such as replacing a tiled roof with a zinc or colorbond roof. If you are repairing or replacing roofing materials, such as replacing a tiled roof with new tiles, (like for like) then you will not require a building permit.

You will require a Plumbing Certificate of Compliance if the work undertaken by the roofing plumber is worth more than $750. 

The installation of rooftop solar panels on a building is classified as building work because it involves the alteration of an existing building.  

Fixings for the installation may also adversely affect an existing roof structure. Different onsite conditions including roof coverings, roof pitch, type of framing, bracing and wind loads will need to be considered prior to the installation.  

An assessment of the support structure by a registered civil engineer should be obtained so that all loading conditions, installation, and fixing methods are considered. 

You will need to apply for a building permit if:

• You are installing a new door
• Your installations require you to change the building's roof or ceiling
• You want to change the width or height of an existing door frame
• You want to install a bay or corner window

No building permit is required if you are just replacing a door or a window with a similar type of door or window and there are no structural alterations to be carried out.

Construction or installation of pools and spas capable of holding a depth of water more and 300mm deep and the associated safety barriers requires a building permit. In addition to a building permit, pool and spa owners must register their pools with Council and provide compliance certificates to certify that appropriate safety barriers have been installed and are being maintained.

A building permit is not required for replacing or repairing any part of a safety barrier to rectify a non-compliance identified by a swimming pool and spa inspector unless the building work involves:

• Replacing or altering more than 50% of the existing length of the barrier;
• Replacing or altering the posts or footings of the barrier; or
• Using materials that are not commonly used for the same purpose as the material being replaced
• Increasing or decreasing the length or area enclosed by the barrier
• Replacing or altering a retaining wall that forms part of the barrier

A building permit is required for sheds larger than 10m² in floor area.

Sheds smaller than 10m² do not require building permits when the shed:

• has a height less than 3m, or less than 2.4m when within 1m of the property boundary
• is associated with a building of a different class on the same block - such as a dwelling or office building
• Is located no further forward on the block than the front wall of the associated building
• is not built out of masonry.  

Otherwise, a building permit will be required.