Find out if your project is exempt from needing a Building Permit.

 

Exemptions from building permit requirements as outlined in Part 21 and Schedule 3 of the Building Regulations 2018 (the Regulations) include:

Pergolas (unroofed post and beam structures associated with houses)

Providing the pergola:

  • has a floor area not exceeding 20 square metres; and

  • is not more than 3.6 metres in height; and

  • is located no further forward on the allotment than 2.5 metres from the front wall of the building to which it is appurtenant.

A PERGOLA is just a timber or steel frame WITH NO ROOF.

When you put a roof on a pergola it becomes a VERANDAH.

There are no exemptions for verandahs.

Construction of a private garage, carport or shed

Or the like, providing it:

  • has a floor area not exceeding 10 square metres; and

  • is not more than 3m in height or if within 1 metre of a boundary not more than 2.4 metres high.

  • is appurtenant to a building of another class on the same allotment; and

  • is located no further forward on the allotment than the front wall of the building to which it is appurtenant; and

  • is not constructed of masonry.

Note - Consent of a relevant service authority may be required if the private garage, carport, shed, or the like is to be constructed over an easement.


Repair, renewal or maintenance of a part of an existing building (such as replacing rotted weatherboards)

Providing 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; or

    • the removal or alteration of any element of the building that is contributing to the support of any other element of the building; or

    • underpinning or replacement of footings; and

  • is done for maintenance or renewal purposes using materials commonly used for the same purposes the material being replaced; 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 on the heritage register; and

  • will not adversely affect a safety measure.

  • is not to a building or in connection with a building on the Heritage Register.

Note – Consent of a relevant service authority may be required if your project is to be constructed over an easement.

Limiting conditions

The exemptions include limiting conditions that the work will not 'adversely affect the structural soundness of the building' and 'will not adversely affect the safety of the public or occupiers of the building'.

These conditions include the construction process and the completed building, and must be applied to both situations. For example, even if the finished building will comply and be structurally sound, if at any stage of the proposed construction there will be an adverse affect, then the exemption does not apply.

If you are still unsure if your project requires a permit, take a look

at this excellent guide provided on the website of City of Boroondara

or ask to speak to the Building Surveyor at your local Council.

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