development

Building Permits

Building permits are issued to ensure buildings are structurally sound and do not adversely affect the safety of the public or occupiers.
Wellington Shire Council does not issue Building Permits. Building Permits are issued by private Building Surveyors.
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Building permits require a series of checks to be made to a building to ensure that the construction meets guidelines as stipulated by local, state and federal government regulations. The Building Act 1993 and the Regulations state that building work must not be commenced prior to the issue of a building permit.

The Act prescribes a minimum penalty of $14,000 and up to $70,000 for any works carried out without a permit.

Why do I need a Building Permit?

The issue of a building permit ensures that the proposed structure will comply with the regulations before the works commence. Following the issue of a building permit, inspections are undertaken at key stages of the works. This guarantees certainty of compliance for the owner, builder and building insurers before and during construction.

In the event of an insurance claim, a building permit provides you with evidence that the construction has been checked by a registered building practitioner to ensure it has been done correctly. Also, in the case of a future sale of the property, additional costs will not be incurred to provide documentation if you are required to present evidence of compliance.

Is a Planning Permit also required?

In certain situations, depending on the zoning and overlays of the land, a planning permit may also be required under the Planning and Environment Act.

Please contact Wellington Shire Council if you require clarification.

What else should I consider when applying for a Building Permit?

  • All building and/or work must comply with the relevant codes and standards
  • A planning permit or onsite wastewater management system approval may be required
  • In addition to complying with the regulations, Council's consent may also be required under the regulations
  • Correct siting requirements are to be met
  • Other provisions of the regulations may have to be met
  • All buildings require an occupancy permit or final certificate prior to occupation or use
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What kind of works require a Building Permit?

As part of the Building Regulations 2006, building permit requirements are now based on the scope of building work rather than the previous $5,000 limit, implying the need for garages, carports and pergolas to have a permit. The following table lists common types of building work and whether they are subject to a building permit. Please consult your municipal or private building surveyor regarding the technical provisions that apply.

Additions

  • Additions to a dwelling or any other building: Permit Required

Alterations

  • Structural alterations to a dwelling or any other building: Permit Required
  • Removal of or alteration to a load bearing part of a building: Permit Required

Carports/Garages

  • Construction of a garage/carport larger than 10m² in area: Permit Required
  • Demolition of freestanding garage/carport, not constructed of masonry, not more than 40m² in floor area, is not a building on the Heritage Register and the work will not adversely affect the safety of the public or occupiers of the building: No Permit Required

Decks

  • Construction of a deck: Permit Required

Fences

  • Construction of a side or boundary fence up to 2m in height: No Permit Required
  • Construction of a brick front fence more than 1.2m high: Permit Required
  • Construction of a timber front fence less than 1.5m in height and not within 9m or a point of intersection of street alignments: No Permit Required
  • Construction of a side or boundary fence more than 2m high: Permit Required
  • Construction of a fence that is more than 1m high, within 9m of the point of intersection of street alignments: Permit Required
  • Construction of a chain wire tennis court fence: No Permit Required

Masts/Antennas

  • Height more than 3m above the highest point of a building: Permit Required
  • Not attached to a building and height more than 8m above the ground: Permit Required

Pergolas (Unroofed)

  • Not more than 3.6m high, maximum 20m2 in area, and located at the rear of the building to which it is appurtenant: No Permit Required
  • Construction of a pergola located further forward than 2.5m forward of the front wall of the single dwelling: Permit Required

Reblocking

  • Reblocking or restumping of an existing building: Permit Required

Retaining Walls

  • Constructed on or near site boundaries (any height) in order to maintain the stability of the adjoining property: Permit Required
  • Construction of a retaining wall 1m or more in height: Permit Required

Roofing

  • Replacement of corrugated iron roofing with concrete or terracotta roofing tiles: Permit Required
  • Replacement of corrugated iron roofing with 'Colorbond' or other pre-finished sheeting: No Permit Required

Shed Associated with a Single Dwelling

  • Erection of a freestanding shed, 10m² or less in area, is no more than 3m in height or if situated within 1m of a boundary, is no more than 2.4m in height, not constructed of masonry and located no further forward than the front wall of the single dwelling: No Permit Required
  • Erection of a shed more than 10m² in area: Permit Required

Signs

  • More than 1m in height and within 3m of the street alignment: Permit Required
  • More than 8m above ground level and 6m² in display area: Permit Required

Swimming Pools/Spas

  • Construction of a swimming pool/spa greater than 300mm in depth: Permit Required
  • Swimming pool fencing: Permit Required

Verandahs (Roof Only)

  • Construction of a verandah: Permit Required

Windows

  • Replacement of windows with the same size windows, where no alteration to the opening is required and is not located on the front facade or can be seen from the street: No Permit Required
  • Installation of 'bay' or 'corner' type windows, where structural alterations are required: Permit Required

Wood Heater

  • Installation of a wood heater (solid fuel burning appliances): No Permit Required

Carports and Verandahs (Permit Advice)

This information will assist you in obtaining a Building Permit from a Private Building Surveyor (PBS). The information is a guide only and the PBS may require further information for the building work.

  • Building permit application, Appointment Declaration, Agent Authorisation (where applicable).
  • A Permit application fee, GST, the Government Levy and lodgement fee are required at the time of lodgement.
  • Three (3) sets of properly prepared plans showing:
    a) Site plan to scale showing location of proposed structure in relation to boundaries, other buildings and any easements.
    b) Soil classification and footing details.
    c) Storm water drainage and point of discharge (Stormwater Discharge Point Application Form).
  • Three (3) copies of manufacturer's details and structural specifications of the proposed structure.
  • Soil Test Report.
  • Copy of Title in the owners name or equivalent document. Where owner is not shown on the Title a letter confirming the transfer from your solicitor is acceptable.
  • Where any Engineering work has been commissioned, the Engineer must provide a Form 11 (Certificate of Compliance).
  • Where planning approval is applicable a copy of the Planning Permit is required.
  • In unsewered areas Environmental Health approval may be required.

Note:

  • Where the contractor engaged to erect the building is not a registered building practitioner, the owner must complete the work as an owner builder.
  • Owner Builders must obtain a Certificate of Consent from the Building Practitioners Board in order to obtain a building permit to carry out domestic building work valued over $12,000. Please contact the Victorian Building Authority for an information kit.
  • Buildings built on the boundary line may require Protection Works (please discuss with your PBS).
  • Buildings cannot be built over an Easement without the consent of Council and other relevant Authorities.
  • A garage/garden shed (Class 10 Building) will not be allowed to be constructed on a vacant allotment of land without Council consent.
  • Consult with your PBS the need for any Rescode variations.

Commercial Buildings (Permit Advice)

This information will assist you in obtaining a Building Permit from a Private Building Surveyor (PBS). The information is a guide only and the PBS may require further information for the building work.

  • Building permit application, Appointment Declaration, Agent Authorisation (where applicable).
  • A Permit application fee, GST, the Government Levy and lodgement fee are required at the time of lodgement.
  • Three (3) sets of properly prepared plans showing:
    a) Fully dimensioned floor plan, elevations and cross sections to scale of not less than 1:100.
    b) Site plan to scale of not less than 1:500.
    c) Soil classification or copy of Soil Test Report and footing details.
    d) Storm water drainage and point of discharge (Stormwater Discharge Point Application Form).
    e) Site levels and finished floor levels.
    f) Design details and structural computations for any project using a trussed roof.
    g) Plans should be coloured to show any proposed building addition work.
    h) Energy Rating complying with Part J, Building Code of Australia (Assessment to be by an appropriately qualified Building Practitioner).
  • Three (3) copies of completed Project Specifications describing materials and methods to be used in the construction.
  • Three (3) copies of computations by a qualified engineer for all structural building elements that are not referred to in the relevant Australian Standards or covered by provisions of the Building Regulations (if applicable). Engineer to supply Form 11 (Certificate of Compliance) for any Engineering Computations.
  • Copy of Title in the owners name or equivalent document. Where owner is not shown on the Title a letter confirming the transfer from your solicitor is acceptable.
  • Approval for onsite wastewater management system installation from Wellington Shire Council where the proposal is not within the Sewerage District.
  • Where planning approval is applicable a copy of the Planning Permit is required.
  • Building approval may not be issued until either existing title pegs are located and marked with stakes or new pegs placed under a re-establishment survey by a licensed land surveyor.

Demolitions/Removals (Permit Advice)

The Building Permit process for Demolition/Removal and/or removal of a building or any part of a structure can be very easy and simple or it can be a complicated and time consuming issue that could lead to litigation. It is essential that correct procedures are followed within the guidelines stipulated in the Building Regulations 2006 to avoid unwanted legal action or fines.

Note: Owner-builders must provide the relevant building surveyor with evidence that the demolisher has the necessary knowledge, experience, equipment and storage facilities to properly conduct the Demolition/ Removal.

This information will assist you in obtaining a Building Permit from a Private Building Surveyor (PBS). The information is a guide only and the PBS may require further information for the building work.

  • Building Permit Application; Appointment Declaration; Agents Authorisation (where applicable).
  • A Permit Application Fee, GST, the Government Levy, HIH Levy and Lodgement Fee is required at the time of lodgement.
  • Three (3) sets of properly prepared plans showing:
    a) Fully dimensioned floor plan, elevations and cross sections to scale of not less than 1:100.
    b) Site plan to scale of not less than 1:500, showing the position and description of building in relation to the boundaries of the allotment and adjoining buildings, other buildings on the allotment, and streets, footpaths or crossings adjoining the allotment, hoardings, barricades, temporary crossings, protective awnings, outriggers.
    c) A written description of the Demolition/Removal or removal procedure.
    d) Demolition/Removal work must be carried out by a Registered Demolisher/Removalist. Provide copy of current Certificate of Insurance.
    e) Demolishers details (name, address, registration number).
    f) Evidence that the demolisher has the necessary knowledge, experience, equipment and storage facilities to properly conduct the Demolition/Removal operations.
    g) The Report & Consent of the Responsible Authority as reporting authority under Section 29A has been sought and obtained. (Form A & Form B). A fee of $64.10 applies. (Heritage check for Demolition/Removal).
    h) If work is on the boundary line, Form 4 & 5 (Protection Work Notice/Response) must be completed.
    i) A current certificate of currency for product and public liability insurance for $10 million
    j) Written confirmation that there is no asbestos present in the building, and if asbestos is present then an asbestos audit document is required to be submitted to the PBS.
    k) A letter of consent for the Demolition/Removal and/or removal must be obtained from the owner.Building Permit Requirements for Demolitions/Removals
    l) A written step by step description of the Demolition/Removal and/or removal procedure from the roof downward.
  • The demolisher must take precautions before and during Demolition/Removal in accordance with AS 2601-1991.
  • Three (3) copies of computations by a qualified structural engineer for all structural building elements that are not referred to in the relevant Australian Standards or covered by provisions of the Building Regulations (if applicable). Engineer to supply Form 11 (Certificate of Compliance) for any Engineering Computations.
  • Provide copy of all pages of the Title documents in the owner's name, or equivalent document. Where owner is not shown on the Title a letter confirming the transfer from your solicitor is acceptable.
  • Where planning approval is applicable a copy of the Planning Permit and endorsed plans is required.

Note:

  • Owner/builders must provide evidence of experience in Demolition/Removal and demonstrate the capability of carrying out the works in a practical and safe manner not to harm any person or be detrimental to the adjoining property and public. It will therefore be rare according to Minister's Guideline No. 98/01 for a building permit to demolish a building to be issued to an owner builder.
  • If the Demolition/Removal will be carried out within 3m of a street where the work may interfere with the public then protection (hoarding) work details must be provided. Check with the Municipal Building Surveyor of Wellington Shire Council to ascertain if a protection (hoarding) permit is required before Demolition/Removal works start.
  • Building work may require approval from the Executive Director under the Heritage Act 1995 or of the National Trust of Australia (Victoria).

What if the Demolition/Removal and/or removal IS done prior to applying for a building permit?

Do not place yourself in the position where the demolition and/or removal of a building has occurred without a Building Permit, Court action could result.

What about Trees on the Property?

Wellington Shire Council has Planning requirements that may restrict the cutting or removal of vegetation on your property. Contact Wellington Shire Council for further advice prior to any cutting or removal of vegetation.

Are Planning Permits or Approvals Required?

In some areas Planning Permits or Approvals may be required. A Building Permit cannot be issued until a Planning Permit is issued if a Planning Permit is required.

Fences (Permit Advice)

This information will assist you in obtaining a Building Permit from a Private Building Surveyor (PBS). The information is a guide only and the PBS may require further information for the building work.

  • Building Permit Application, Appointment Declaration, Agents Authorisation (where applicable).
  • A Permit Application Fee, GST, the Government Levy, HIH Levy and Lodgement Fee is required at the time of lodgement.
  • Three (3) sets of properly prepared plans showing:
    a) Fully dimensioned floor plan, elevations and cross sections to scale of not less than 1:100.
    b) Site plan to scale of not less than 1:500.
    c) Soil classification or copy of Soil Test Report and footing details.
    d) Site levels.
    e) Design details and structural computations
    f) Plans should be coloured to show any proposed building addition work.
    g) Drawings must comply with the Residential Code of Victoria (Rescode).
  • Three (3) copies of completed Project Specifications describing materials and methods to be used in the construction.
  • Three (3) copies of computations by a qualified engineer for all structural building elements that are not referred to in the relevant Australian Standards or covered by provisions of the Building Regulations (if applicable). Engineer to supply Form 11 (Certificate of Compliance) for any Engineering Computations.
  • Copy of Title in the owners name or equivalent document. Where owner is not shown on the Title a letter confirming the transfer from your solicitor is acceptable.
  • Where the building work to be carried out is more than $16,000 by a licenced General Builder, he shall provide a certificate of insurance as required by the Building Regulations.
  • Where planning approval is applicable a copy of the planning permit is required.
  • Building approval will not be issued until either existing title pegs are located and marked with stakes, or new pegs placed under a re-establishment survey by a licenced land surveyor. Where a licenced land surveyor is used, a survey plan should be submitted with the application.

Garages & Gardens Sheds (Permit Advice)

This information will assist you in obtaining a Building Permit from a Private Building Surveyor (PBS). The information is a guide only and the PBS may require further information for the building work.

  • Building permit application, Appointment Declaration, Agent Authorisation (where applicable).
  • A Permit application fee, GST, the Government Levy and lodgement fee are required at the time of lodgement.
  • Three (3) sets of properly prepared plans showing:
    a) Site plan to scale showing location of proposed structure in relation to boundaries, other buildings and any easements.
    b) Soil classification and footing details.
    c) Storm water drainage and point of discharge (Stormwater Discharge Point Application Form).
    d) Rescode siting requirements.
  • Three (3) copies of manufacturer's details and structural specifications of the proposed structure.
  • Where any engineering work has been commissioned, the Engineer must provide a Form 11 (Certificate of Compliance).
  • Where planning approval is applicable a copy of the planning permit is required.

Note:

  • Owner Builders must obtain a Certificate of Consent from the Building Practitioners Board in order to obtain a building permit to carry out domestic building work valued over $12,000. Please contact the Victorian Building Authority for an information kit.
  • Where the contractor engaged to erect the building is not a registered building practitioner, the owner must complete the work as an owner builder. Owner builders are advised to read ‘Obligations of Owner Builders' sheet.
  • Buildings built on the boundary line may require Protection Works (please discuss with the Building Surveyor).
  • Buildings cannot be built over an Easement without the consent of Council and other Relevant Authorities.
  • A garage/garden shed (Class 10 Building) will not be allowed to be constructed on a vacant allotment of land without Council consent.

New Dwellings/Additions (Permit Advice)

This information will assist you in obtaining a Building Permit from a Private Building Surveyor (PBS). The information is a guide only and the PBS may require further information for the building work.

Owner Builders must obtain a Certificate of Consent from the Building Practitioners Board in order to obtain a building permit to carry out domestic building work valued over $16,000. Please contact the Victorian Building Authority for an information kit.

  • Building Permit Application, Appointment Declaration, Agents Authorisation (where applicable).
  • A Permit Application Fee, GST, the Government Levy, HIH Levy and Lodgement Fee is required at the time of lodgement.
  • Three (3) sets of properly prepared plans showing:
    a) Fully dimensioned floor plan, elevations and cross sections to scale of not less than 1:100.
    b) Site plan to scale of not less than 1:500.
    c) Soil classification or copy of Soil Test Report and footing details.
    d) Storm water drainage and point of discharge (Stormwater Discharge Point Application Form).
    e) Site levels and finished floor levels.
    f) Design details and structural computations for any project using a trussed roof.
    g) Plans should be coloured to show any proposed building addition work.
    h) Drawings must comply with the Residential Code of Victoria (Rescode).
    i) 5 Star Energy rating report by an Accredited Rater to include data sheets and endorsed plans (for new dwellings only).
  • Three (3) copies of completed Project Specifications describing materials and methods to be used in the construction.
  • Three (3) copies of computations by a qualified engineer for all structural building elements that are not referred to in the relevant Australian Standards or covered by provisions of the Building Regulations (if applicable). Engineer to supply Form 11 (Certificate of Compliance) for any Engineering Computations.
  • Copy of Title in the owners name or equivalent document. Where owner is not shown on the Title a letter confirming the transfer from your solicitor is acceptable.
  • Approval for onsite wastewater management system installation from the Council's Health Department where the proposal is not within the Sewerage District.
  • Where the building work to be carried out is more than $16,000 by a licenced General Builder, he shall provide a certificate of insurance as required by the Building Regulations.
  • Where planning approval is applicable a copy of the Planning Permit is required.
  • Building approval will not be issued until either existing title pegs are located and marked with stakes, or new pegs placed under a re-establishment survey by a licenced land surveyor. Where a licenced land surveyor is used, a survey plan should be submitted with the application.

Relocation of a Dwelling (Permit Advice)

Relocated House means any building intended to be used for a dwelling and which has previously been erected and occupied on another allotment.

Application for Planning Permit

Planning controls do not distinguish between the re-erection of a dwelling and a new dwelling, and in some areas, planning permission is required to use land for residential purposes and for construction of a dwelling. Contact Wellington Shire Council to determine if a Planning Permit is required.

Application for Building Permit (Checklist)

This information will assist you in obtaining a Building Permit from a Private Building Surveyor (PBS). The information is a guide only and the PBS may require further information for the building work.

  • Owner Builders must obtain a Certificate of Consent from the Building Practitioners Board in order to obtain a building permit to carry out domestic building work valued over $12,000. Please contact the Victorian Building Authority for an information kit.
  • Building Permit application, Appointment Declaration, and Agent Authorisation (if the applicant is not the owner).
  • Permit fee, GST, Lodgement and State Government Levy and H.I.H. Levy.
  • Three (3) copies of properly prepared drawings including floor plan, elevations, sections and dimensions etc. Any additions proposed immediately after the reerection should also be shown (e.g. Deck).
  • Drawings must comply with the Residential Code of Victoria (Rescode).
  • Site plan showing location of proposed structure, distances from boundaries and the location of any easements (Easements are shown on the Copy of Title).
  • A survey plan of the allotment or alternatively survey pegs to be visible on site.
  • A Certificate of Title to the allotment showing the current owner's details (or a copy of title accompanied by a letter from your solicitor confirming the date of settlement and lodgement of documents with the Titles Office).
  • The Registration Number of the builder/removalist contracted to re-locate the dwelling.
  • A certificate of warranty insurance issued for the relocation works.
  • Evidence of approval for the removal of the building from its present site (Building permit for removal of dwelling).
  • Approval for onsite wastewater management system installation from Wellington Shire Council where the proposal is not within the Sewerage District.
  • Where the building work to be carried out is more than $16,000 by a licenced General Builder, he shall provide a certificate of insurance as required by the Building Regulations.
  • Where planning approval is applicable a copy of the Planning Permit is required.
  • A cash security deposit or bank guarantee equal to the value of the development or $5,000 whichever is the lesser.
  • A report prepared by a Qualified Building Surveyor covering the condition of the building and its suitability for re-location, including a condition report. Depending on Building Permit Requirements for Relocation of a Dwelling the results of this report, various conditions will be included on any permit issued. These conditions may require the re-roofing, re-cladding and re-painting of the dwelling and/or the replacement of external fixtures (e.g. handrails, doors, etc.)

Note:

  • Applicants (or their contractors) should contact Wellington Shire Council to apply for an over-dimensional travel permit and a Temporary Vehicle Crossing Permit.
  • Preparatory works for removal of the building from its present site should not be commenced prior to inspection and the issue of all relevant permits.
  • All works will be commenced within 6 months and completed within 12 months of a building permit being issued, subject to any overriding Planning Permit conditions.
  • The security deposit shall not be refunded prior to completion of the whole of the works notwithstanding that a Certificate of Occupancy may be issued prior to the completion when the building is considered suitable for occupation.

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