Check if a Heritage Overlay affects your works

1. Go to VicPlan and search for the address of your property.

2. Follow the prompts to create and open a free Planning Property Report.

3. On the Report, go to the Planning Overlay section to see whether a Heritage Overlay affects your property.
4. In the Planning Overlay section, look at the map to see the area of your site covered by the Heritage Overlay. Refer to your plans to see whether you will be performing works in that area.

Will you be constructing a deck in a Heritage Overlay?

• If yes, go to the next step.
• If no, check for a Land Subject to Inundation, Public Acquisition, or Special Building Overlay.

Check if your property is on the Victorian Heritage Register

1. Refer to the report from VicPlan.
2. Look for the Heritage Overlay Schedule link and take note of the schedule number.
3. Click the Heritage Overlay Schedule link. The Schedule to the Heritage Overlay page appears.
4. Find your schedule number. See whether the 'Included on the Victorian Heritage Register' column displays 'Yes' for your schedule number.

If the property is on the Victorian Heritage Register:

• You may need approval from Heritage Victoria for or any buildings and works including internal changes. Contact Heritage Victoria for advice on how to apply for their approval.
• You may continue to apply for other permits while your Heritage Victoria application is being assessed. But you can only begin construction after all necessary approvals and permits are granted.

Is your property listed on the Victorian Heritage Register?

• If yes, contact Heritage Victoria and apply for their approval. Then check for a Land Subject to Inundation, Public Acquisition or Special Building Overlay
• If no, go to the next step.

Check the visibility of a deck in a Heritage Overlay

Consider the position of your deck.

Look at whether members of the public in a street (other than a laneway) or public park will be able to see the deck.

Will the deck be visible from a street (other than a laneway) or public park?

• If yes, apply for a Planning Permit.
• If no, check for a Land Subject to Inundation, Public Acquisition or Special Building Overlay.

Check for a Land Subject to Inundation, Public Acquisition or Special Building Overlay

Refer to the report from VicPlan and see whether you are building a deck in any of the following:

• Land Subject to Inundation Overlay
• Public Acquisition Overlay
• Special Building Overlay

Are your works affected by a Land Subject to Inundation Overlay, Public Acquisition Overlay or Special Building Overlay?

• If yes, apply for a Planning Permit.
• If no, measure the height of the deck.

Check if the deck is low in height

Measure the distance between the top of the deck and ground level.

A deck that is lower than 800mm and associated with a dwelling is, in some cases, exempt from a Planning Permit.

'Associated with a dwelling' means that any building on the same lot is used as a home.

Is the deck less than 800mm above ground level and associated with a dwelling?

• If yes, the low height of the deck has exempted you from needing a Planning Permit. You'll need to apply for a Building Permit.
• If no, go to the next step

Check for other overlays that affect your works

Refer to your report from VicPlan. See whether you are building a deck in one or more of the following:

• Environmental Significance Overlay
• Design and Development Overlay (all categories except Design and Development Overlay Schedule 4)
• Significant Landscape Overlay.

Are the works affected by an Environmental Significance Overlay, Design and Development Overlay or Significant Landscape Overlay?

• If yes, apply for a Planning Permit.
• If no, go to the next step.

Check if your property is in a non-residential zone

Refer to your report from VicPlan to see whether your zone is non-residential.

Is the property in a non-residential zone?

• If yes, apply for a Planning Permit.
• If no, go to the next step.

Check if the deck is associated with non-residential use

Consider whether a deck in a residential zone will be used for non-residential purposes. For example, whether it will be used in association with a medical centre.

Will the deck be used for a non-residential purpose in a residential zone?

• If yes, apply for a Planning Permit
• If no, go to the next step.

Check if there is more than one dwelling on a lot

For Neighbourhood Residential, General Residential, Residential Growth or Mixed Use zones, you need a Planning Permit for a deck on a lot with more than one dwelling.

Is there more than one dwelling on the lot?

• If yes, apply for a Planning Permit.
• If no, go to the next step.

Check if the property is in a Neighbourhood Residential or General Residential Zone

Refer to your report from VicPlan to see the type of residential zone that impacts your property.

Is your zone titled Neighbourhood Residential or General Residential Zone?

• If yes, go to the next step.
• If no, look at the area of lots in a Residential Growth or Mixed Use zone.

Measure the area of a lot in a Neighbourhood or General Residential zone

As the owner of a single dwelling in a Neighbourhood or General Residential zone, you need a Planning Permit for a lot that is smaller than 300 square metres.

Is the lot smaller than 300 square metres?

• If yes, apply for a Planning Permit.
• If no, you do not need a Planning Permit. You will need to apply for a Building Permit.

Measure the area of a lot in a Residential Growth Zone or Mixed Use Zone

As the owner of a single dwelling in a Residential Growth Zone or Mixed Use Zone, you need a Planning Permit for a lot that is smaller than 300 square metres.

Is the lot smaller than 300 square metres?

• If yes, apply for a Planning Permit.
• If no, you do not need a Planning Permit. You will need to apply for a Building Permit.

Apply for a Planning Permit, if needed

If you have determined that you need a Planning Permit for your project:

1. Obtain a clear copy of your Certificate of Title, including the lot plan. You can get this from the Landata website. The Certificate of Title must be no more than 28 days old. Include any evidence of restrictive covenants.
2. Write a cover letter explaining your proposal.
3. Prepare a plan drawn to scale (1:100 or 1:200) with full dimensions. The plan must show the site, floor layout and elevations.
4. Complete the Planning Permit application form and lodge the form, fee and supporting documents with Council. 
   To download the form and submit the application, see Apply for a Planning Permit.
   For fee information and queries about supporting documentation, email Statutory Planning. at [email protected].
5. Now, apply for a Building Permit.

VicSmart eligibility

A Planning Permit application for a deck is eligible to be assessed as a VicSmart application if your land is affected by the following overlays:

• Significant Landscape Overlay

• Design and Development Overlay (if the deck is associated with a dwelling)

• Heritage Overlay (if the deck is visible from a street other than a lane, or from a public park)

• Special Building Overlay (Conditions apply)

For more information, visit the VicSmart Permits page.

Apply for a Building Permit

You always need a Building Permit to construct a deck.

1. Read the Building Permit application checklist (see download below) to determine which supporting documents you need for your circumstances. If you are unsure what you need, contact the Building Services team on 9278 4999 or email Building Services.
2. Complete the Application for a Building Permit.
3. Lodge the Building Permit application form, fee and supporting documents with the City of Boroondara. For fee information, email Building Services.

You can only begin your installation after the Building Permit is granted.

You may exit the guide.

Statutory Planning aims to respond to Planning Permit applications within 60 days, as governed by the Planning and Environment Act.

A Building Permit application is assessed within 10 business days. The response is usually a request for further information that is required before a Building Permit can be issued.