Build a new dwelling
Introduction
This guide describes which permits and approvals you need to construct a house that is the only dwelling on a lot (a single dwelling).
You may need a Planning Permit to build a single dwelling. You will need a Building Permit before you begin construction and an Occupancy Permit to occupy the building.
Depending on your circumstances, you may also need a:
- Tree Works Permit
- Road or Footpath Occupancy Permit
- Vehicular Crossing Permit
- Asset Protection Permit
How to use this guide
To help you work out which permits you need, begin at Step 1 and answer the questions one at a time. You may be asked to look at the zone in which you plan to build, overlays that impact your project and the area of your lot.
More information
For information about planning and Planning Permits, contact our Statutory Planning team on (03) 9278 4888 or at [email protected].
For information about building and Building Permits, contact our Building Services team on (03) 9278 4999 or at [email protected].
Before you begin
Before finalising your design:
- Check whether your project involves removing, pruning or carrying out works near a protected tree. You may need a permit for the tree works.
- Check for easements on your property. When an easement is obstructed, it can prevent important maintenance work and block the flow of stormwater. If your plans impact an easement, you may need to modify your plans.
- See if the property is listed under Schedule to Clause 51.01 Specific Sites and Exclusions-external site. If the property is listed, contact Statutory Planning on (03) 9278 4888 to find out about special restrictions and exemptions that apply.
If you plan to knock down an existing dwelling in order to build a new house, you may need a Planning or Building Permit for the demolition works. See our Demolish all or part of a building guide.
Step 1
Check for restrictive covenants
A restrictive covenant is a private agreement between land owners that restricts the way land may be used and developed. For example, a restrictive covenant may stipulate the material out of which you may construct your dwelling.
To see whether there are restrictive covenants on your land, refer to your Certificate of Title. You can order this from Landata.
Note: Although there are methods to remove restrictive covenants, these are generally complex, time-consuming and require legal assistance.
Do any restrictive covenants affect your property?
- If yes, ensure that your plans meet the covenant requirements. Then go to the next step.
- If no, go to the next step.
Step 2
Check if your zone prohibits your project
1. Go to VicPlan-external site and search for the address of your property.
2. Follow the prompts to create and open a free Planning Property Report.
3. Read the report to see whether your property is in any of the following:
- Commercial 2 Zone
- Urban Floodway Zone
- Special Use Zone Schedule 1
- Special Use Zone Schedule 2
You are not allowed to build a house in a Commercial 2 or Urban Floodway Zone.
You cannot build a house in a Special Use Zone Schedule 1, unless the house is associated with an education centre.
You cannot build a house in a Special Use Zone Schedule 1, unless it’s a caretaker’s house.
Is your property in a zone that prohibits your project?
- If yes, you are not permitted to build the house. Exit the guide and contact Statutory Planning for advice, if needed.
- If no, go to the next step.
Step 3
Check if your property is in a residential zone
Refer to the map from VicPlan-external site. Check if your property is in any of the following:
- General Residential Zone Schedule 1
- Residential Growth Zone Schedule 1
- Neighbourhood Residential Zone Schedule 3
Is your property in a residential zone?
Step 4
Check the land size in specific residential zones
Refer to the Certificate of Title (available from the Landata website) and calculate the area using the title boundary dimensions.
Use the following table to see whether you need a permit due to your land area in a particular zone:
Zone |
Apply for a permit if your land area is.. |
---|---|
General Residential Zone Schedule 1 |
Less than 500sqm |
Residential Growth Zone Schedule 1 |
Less than 300sqm |
Neighbourhood Residential Zone Schedule 3 |
Less than 500sqm |
Do you need planning permission to build a dwelling due to the land size within your zone?
- If yes, apply for a Planning Permit.
- If no, check for overlays that impact your project.
Step 5
Check for other zones that require planning permission
Refer to the map from VicPlan-external site. See whether your property is in any of the following:
- Commercial 1 Zone Schedule 1
- Priority Development Zone
- Special Use Zone Schedule 2
You need to apply for planning permission to build a house in a Commercial 1 Zone Schedule 1 or Priority Development Zone.
You may apply for permission to build a house For Special Use Zone Schedule 2, as long as the house is associated with an education centre.
Is your property in a zone that requires planning permission for your project?
- If yes, apply for a Planning Permit.
- If no, go to the next step.
Step 6
Check the overlay in which you will be building the dwelling
Refer to the report from VicPlan-external site.
In the Planning Overlay section, look at the map to see which overlays affect your works.
Check if you are building a single dwelling in any of the following:
- Heritage Overlay
- Special Building Overlay
- Land Subject to Inundation Overlay
- Public Acquisition Overlay
- Environmental Significance Overlay Schedule 2
- Development Plan Overlay Schedule 1,2,3
- Design and Development Overlay Schedule 1,6, 7, 12, 14, 15, 16, 17, 19, 23 or 31
Are you building a single dwelling in any of the overlays listed in this step?
- If yes, apply for a Planning Permit.
- In no, go to the next step.
Step 7
Check the height of a dwelling in a Significant Landscape Overlay
Refer to the report from VicPlan Maps-external site to see whether your property is in a Significant Landscape Overlay.
If so, measure the height of your structure from natural ground level to the structure's highest point. See whether the height is 6m or more.
Are you building a dwelling with a height of 6m or more in a Significant Landscape Overlay?
- If yes, apply for a Planning Permit.
- If no, you do not need a Planning Permit. Check whether you need to request property information before you apply for a Building Permit.
Step 8
Apply for a Planning Permit, if needed
If you have determined that you need a Planning Permit for your project:
- Provide 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.
- Write a cover letter explaining your proposal.
- Prepare a plan drawn to scale (1:100 or 1:200) with full dimensions. The plan must show the site, floor layout and elevations.
- Check whether your application is eligible to be fast-tracked under VicSmart.
- 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.- If you need a permit to demolish a building, the Planning Permit application you submit can be for both the demolition of the existing building and the construction of the new building.
- If the cost of your works is greater than $1,076,000, the State Revenue Office (SRO) requires that you pay a Metropolitan Planning Levy. After you have paid the levy, the SRO will issue a certificate. You need to include this certificate in your Planning Permit application.
- Go to the next step.
Application fees
For non-VicSmart applications:
Cost of development |
Fee |
---|---|
$10,000 or less |
$199.90 |
$10,001 to $100,000 |
$629.40 |
$100,001 to $500,000 |
$1288.50 |
$500,001 to $1,000,000 |
$1392.10 |
$1,000,0001 to $2,000,000 |
$1496.80 |
For VicSmart applications:
Cost of development |
Fee |
---|---|
$10,000 or less |
$199.90 |
More than $10,000 |
$429.50 |
Step 9
Request property information, if needed
Property owners who apply for a Building Permit through Council are provided with a property information service as part of their application processing.
However, if you are using a Private Building Surveyor, or need to serve Protection Works Notices, you may require specific property reports.
Report |
When would I need this? |
How do I order this? |
Fee? |
---|---|---|---|
Property Information for a Private Building Surveyor |
Order this when your Private Building Surveyor has requested information about the property, such as whether it is designated as flood prone or is in a termite area. |
Complete the Application for Property Information - Building Surveyors and submit it to Council offices. |
Incurs a fee. |
Building Ownership Details |
Order this if you need to serve Protection Works Notices on adjoining property owners, under the Privacy Act. The report may be requested by a Private Building Surveyor. The report provides the contact details of the owners of the neighbouring properties. |
Complete the Application for Ownership Details for Protection Works and submit it to Council offices. Provide details of the building surveyor appointed for the works, including their registration number. |
Incurs a fee. |
Do you need specific property reports?
- If yes, order the information you need. Then go to the next step.
- If no, go to the next step.
Step 10
Apply for a Building Permit
- Read the Building Permit application checklist 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.
- If relevant, apply for Report and Consent.
You need to apply for Report and Consent if the design does not comply with the siting requirements of the Building Regulations, for example non-compliant front setback or overlooking.
You may also need Report and Consent for non-siting provisions of the Building Regulations such as building on flood prone land.
Contact the Building Services Team if you are unsure whether you need Report and Consent for your project. - Complete the Application for a Building Permit.
- Lodge the Building Permit application form, fee and supporting documents with Council. For fee information, email Building Services.
You may lodge the application for a Building Permit while other permit applications are still being processed, but may only begin construction when all required permits and approvals are granted.
See whether there are any other permits you need for your project.
Step 11
Check if there are any other permits you need
Consider whether there are any other permits or approvals you need before beginning construction.
If you need to:
- remove, prune or do works within 2m of a canopy or significant tree during your fence works, you need to apply for a Tree Works Permit
- store equipment on a road, footpath or naturestrip, you need to apply for a Road or Footpath Occupancy Permit.
If your works could:
- impact the driveway (vehicular crossing) access to your property, you need to apply for a Vehicular Crossing Permit
- impact public assets, such as roads, footpath or naturestrip, you need to apply for an Asset Protection Permit.
Step 12
Construct the dwelling
After all required permits and approvals have been granted, you may begin construction.
Read your Building Permit and conditions carefully. The Building work will need to be inspected and approved by the Relevant Building Surveyor.
Refer to the required mandatory inspection stages listed on the Building Permit. For general information about mandatory inspections during construction, see Apply for a Building Permit, stages 8 to 12.
Mandatory inspections continue until the work is completed and complies to building legislation.
Step 13
Occupy the dwelling
Before the final inspection is carried out, you need to apply to the Relevant Building Surveyor for an Occupancy Permit.
Apply for an Occupancy Permit.
You may only occupy the dwelling after:
- the final inspection has been approved and
- the Occupancy Permit has been issued.
You may exit the guide.
Timeline
Statutory Planning aims to respond to Planning Permit applications within 60 days, as governed by the Planning and Environment Act 1987-external site.
If a Building Permit application is made to Council's Building Surveying Services then it will be assessed within 10 business days. The response is usually a request for further information that is required before a Building Permit can be issued. If you are using a Private Building Surveyor, they will have their own timelines.