Building permit process and compliance

Information to help you understand the processes involved in applying for a building permit.

Since the introduction of the Building Regulations in 1994, owners can choose who they apply to for a building permit for their project: their local council, another council who offers the service of building permits outside their municipality, or a private building surveyor.

Applications are assessed by a building surveyor for compliance with the relevant Building Regulations to ensure that health, safety and amenity is maintained for users of the building, and adjoining owners' amenity is protected. Before a building permit can be issued, some works require other approvals or permits, including Town Planning permits, Health Department approvals, Asset Protection permits and Building Over Easement approvals.

Permits do not cover any works beyond the property boundary line or, generally, fencing between neighbours.

Any questions about a building permit approval should be directed to the relevant building surveyor. The relevant building surveyor is the person who has been appointed by the owner to assess the building permit, carry out mandatory inspections and issue the necessary certificate or permit on completion of the works.

Council's Building Services team can provide you with the details so you can contact the relevant building surveyor directly. It is advisable to follow up any phone conversations with the building surveyor in writing.

A private building surveyor generally has the same enforcement powers as Council to deal with matters they have jurisdiction over, in accordance with the Building Act or Regulations, except in emergency or civil matters. A civil matter is resolved by the relevant parties.

Our building inspectors will investigate complaints or reports of dangerous buildings when reported to Council. Actions may include appropriate letters, notices and orders, but sometimes prosecution and, in extreme circumstances, court action and substantial fines may result.

All complaints should be in writing unless the matter is a life safety issue, such as unprotected swimming pools and spas.

Other Council departments, such as Town Planning, Health, Local Laws and Infrastructure Services may also have jurisdiction over a particular matter. Where a private building surveyor is involved in a development, Council can only become involved in extreme cases.

For further information contact Building Services:

 

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