Do I need a building permit?
Almost all building work in Victoria needs a permit before it starts. A small set of minor work is exempt under Schedule 3 of the Building Regulations 2018. Find your work below and check it against the tests that apply to it.
The general rule
Under section 16 of the Building Act 1993, a person must not carry out building work unless a building permit for the work has been issued and is in force. Building work is work for or in connection with constructing, demolishing or removing a building. Constructing includes building, re-building, erecting, re-erecting, repairing, altering, enlarging, extending, and placing or relocating a building on land (section 3).
The maximum penalty for building without a permit is 500 penalty units for a person and 2,500 penalty units for a company. Regulation 23 lists the exceptions: no building permit is needed for the building work in column 2 of the table in Schedule 3 of the Building Regulations 2018.
An exemption from a building permit is not an exemption from every regulation. Column 3 of Schedule 3 lists the Parts of the Regulations each item is exempt from (regulation 279). Some items, such as a small shed, repairs and a pool that cannot hold more than 300 mm of water, are exempt from all Parts. Others, such as alterations, retaining walls and pergolas, are exempt only from Parts 3 to 19. Part 2, which adopts the Building Code of Australia, still applies to them, so the work must comply with the Code. Relocatable pools and their barriers also stay under Part 9A.
A planning permit may still be required where a building permit is not. If the work is over an easement or near an authority's works, that authority's consent may also be required before you start.
Sheds, garages and carports
A freestanding Class 10a building, such as a private garage, carport or shed, is exempt only when all of the following apply (item 1).
- Its floor area is 10 m² or less.
- It is no more than 3 m high, or 2.4 m high if it is within 1 m of a boundary.
- If it belongs to a building of another class on the same allotment, it is no further forward than the front wall of that building.
- If it does not, it is the only Class 10a building on the allotment, set back at least 9 m from the front street alignment and at least 2 m from each side street alignment.
- It is not built of masonry.
Most garages and many sheds are larger than 10 m², so they need a permit. A planning permit may also apply. Even an exempt Class 10a building may need a service authority's consent if it is over the authority's easement, or within 1 m of a water authority's works.
Demolishing a shed or garage
Demolishing a freestanding Class 10 building is exempt when all of the following apply (item 2). Class 10 covers non-habitable buildings and structures, such as a garage, carport, shed, fence, retaining wall, swimming pool or private bushfire shelter.
- It is not built of masonry.
- Its floor area is 40 m² or less.
- The work will not adversely affect the safety of the public or the occupiers of the building.
- It is not work on, or in connection with, a building on the Heritage Register under the Heritage Act 2017.
A small shed can still fail the safety test. BP-01 gives the example of a 5 m² shed hard against a right of way: demolishing it is likely to affect public safety, so the exemption would not apply. A planning permit may also be required for demolition.
Permit guide: demolition.
Repairs, renewal and maintenance
Repairing, renewing or maintaining part of an existing building is exempt when the work passes all of these tests (item 3).
- It will not adversely affect the structural soundness of the building, and it does not increase or decrease the floor area or height, underpin or replace footings, or remove or alter any element that supports another element.
- It uses materials commonly used for the same purpose as the material being replaced.
- It will not adversely affect the safety of the public or the occupiers.
- It will not adversely affect an essential safety measure.
Work that usually falls inside this exemption:
- Repairing or renewing damaged weatherboards.
- Repairing or renewing wall, ceiling or floor linings that are not fire-rated.
- Retiling a bathroom or kitchen.
- Reglazing or replacing a window with no structural change.
- Repairing sections of a tiled or sheeted roof.
BP-01 treats full replacement of a building element as an alteration, which is assessed against the alterations test below.
Alterations to a building
Alterations are exempt only when every one of the following is true (item 4).
- The work will not adversely affect the structural soundness of the building, and it does not increase or decrease the floor area or height, underpin or replace footings, or remove or alter any element that supports another element.
- It will not project beyond the street alignment.
- It will not adversely affect the safety of the public or the occupiers.
- It is not work on, or in connection with, a building on the Heritage Register.
- It is not work on, and will not adversely affect, an essential safety measure.
Permit guide: renovation.
Pergolas
The Regulations define a pergola as an open structure that is unroofed but may have a covering of open weave permeable material (regulation 5). Once it has a roof it is not a pergola, and this exemption does not apply.
- It is no more than 3.6 m high.
- If it belongs to a Class 1 building (a house), it is no further forward than 2.5 m in front of the front wall of that building.
- In any other case, it is no further forward than the front wall of the building it belongs to.
- Its floor area is 20 m² or less.
Item 16 exempts a pergola only from Parts 3 to 19, so an exempt pergola must still comply with the Building Code of Australia.
Permit guide: pergola.
Decks and verandahs
Schedule 3 has no exemption for decks or verandahs. A deck or verandah attached to a building, such as a house or a swimming pool, needs a building permit at any size. BP-01 adds that a freestanding deck built for use with a building needs one too.
Fences
A fence is exempt within the limits below (item 10). The exemption does not cover a fence that forms part of a safety barrier for a swimming pool or spa, or part of an outdoor play space for a children's service.
- No more than 2 m high.
- Within 3 m of a street alignment: no more than 1.5 m high if it is not masonry, concrete or a similar material, or 1.2 m if it is. A lane, footway, alley or right of way does not count as a street.
- Within 9 m of the point where street alignments meet (a corner block): no more than 1 m above the footpath.
A chain wire fence around a tennis court is also exempt (item 11).
Item 10 exempts a fence from every regulation except regulation 89(1) and Schedule 6. If your land is in a planning zone listed in Schedule 6, and the zone's schedule sets a maximum height for a fence within 3 m of the front street, an exempt fence must not be higher than that.
Permit guide: fence.
Retaining walls
A retaining wall less than 1 m high is exempt, unless it is associated with other building work or with protecting adjoining property (item 15). A wall 1 m or higher is outside the exemption and needs a permit. Item 15 exempts a wall only from Parts 3 to 19, so an exempt wall must still comply with the Building Code of Australia.
Permit guide: retaining wall.
Swimming pools and spas
- A swimming pool or spa that cannot hold water deeper than 300 mm (item 8).
- Assembling, erecting or installing a relocatable swimming pool or relocatable spa (item 20).
- Assembling, erecting or installing a relocatable barrier around a relocatable swimming pool or spa (item 21).
A fixed pool or spa that can hold more than 300 mm of water needs a building permit, and so does a fixed safety barrier, including a fixed barrier around a relocatable pool.
Fixing a barrier after a swimming pool and spa inspector has found it does not comply needs no permit, unless the work involves any of the following (item 22).
- Replacing or altering sections of the barrier that together make up more than 50% of its existing length.
- Replacing or altering the posts or footings of the barrier.
- Materials not commonly used for the same purpose as the material being replaced.
- Increasing or decreasing the length of the barrier, or the area it encloses.
- Replacing or altering a retaining wall that forms part of the barrier.
Part 9A of the Regulations applies to a pool or spa that can hold more than 300 mm of water and belongs to a house or another Class 1, 2, 3 or 10 building, or to the Class 4 part of a building (regulation 147A). Items 20 and 21 do not lift Part 9A. A relocatable pool or spa that can hold more than 300 mm still needs a compliant barrier, and if it stays up for 3 or more days in a row it must be registered with the council by the 4th day after it was put up (regulation 147N). A certificate of barrier compliance is then due every 4 years (regulation 147V).
Permit guide: swimming pool or spa.
Solar panels and roof plant
Installing rooftop solar panels or other roof-mounted plant alters an existing building, so it is building work. It is exempt only if it passes the alterations test above, which includes not adversely affecting the structural soundness of the roof.
Fixings, roof covering, pitch, framing, bracing and wind load all bear on that test. BP-01 treats an array that needs extra framing to carry its load as affecting the structure, which means a permit is needed. A registered engineer can assess the roof before you commit.
Signs
A Class 10b structure built to display a sign is exempt when it meets either of these (item 12).
- Less than 3 m from a street alignment, and no more than 1 m above ground level.
- At least 3 m from a street alignment, no more than 8 m above ground level, and no more than 6 m² in display area.
A temporary freestanding sign, such as a real estate sign, can be exempt as a temporary structure (item 7). A sign fixed to a building is exempt only if it passes the alterations test or meets the sign structure limits above.
Excavation and site works
Building work is work for or in connection with constructing, demolishing or removing a building (section 3 of the Act). Excavation for a building, such as cutting a site level for a house, is part of that building work and is covered by its permit.
Excavation that is not connected with a building is not building work. Clearing or levelling land on its own does not need a building permit, and nor does excavation for work that is itself exempt, such as a retaining wall under 1 m or an exempt freestanding Class 10a shed.
Quick reference table
This table points you to the test that applies. The sections above decide the answer.
| Proposed work | Position | Why |
|---|---|---|
| Shed, garage or carport (freestanding) | Depends on the detail | Exempt only if 10 m² or less and inside the height, position and material limits (item 1). |
| Demolishing a freestanding Class 10 building | Depends on the detail | Exempt if not masonry, 40 m² or less, no adverse effect on safety, and not on the Heritage Register (item 2). |
| Repairing like for like | Depends on the detail | Exempt if it passes the repairs test, including using materials commonly used for the same purpose (item 3). |
| Replacing a whole building element | Depends on the detail | Counts as an alteration, so it is exempt only if it passes the alterations test (item 4). |
| Internal alterations | Depends on the detail | Exempt only if it passes every part of the alterations test (item 4). |
| Pergola (unroofed) | Depends on the detail | Exempt if no more than 3.6 m high, 20 m² or less, and inside the position limits (item 16). |
| Deck or verandah attached to a building | Permit required | Schedule 3 has no exemption for either, at any size. |
| Fence (not a pool barrier) | Depends on the detail | Exempt within the height limits for its position (item 10). A front fence height set by a zone schedule still applies. |
| Fixed pool or spa barrier | Permit required | Excluded from the fence exemption. Some repairs after a barrier inspection are exempt (item 22). |
| Retaining wall under 1 m | Depends on the detail | Exempt unless it is associated with other building work or with protecting adjoining property (item 15). |
| Retaining wall 1 m or higher | Permit required | Outside the retaining wall exemption. |
| Pool or spa that cannot hold more than 300 mm of water | Exempt | Item 8. |
| Fixed pool or spa that can hold more than 300 mm of water | Permit required | Needs a building permit, and so does its barrier. |
| Rooftop solar panels | Depends on the detail | Exempt only if it passes the alterations test, including no adverse effect on the roof structure (item 4). |
Send through what you have with a quote request and a Registered Building Surveyor will confirm whether a permit is required before you pay for documentation. Request a quote, or call (03) 9113 6088.
Written by Cortek Group as general guidance for Victorian clients, from the Building Act 1993, the Building Regulations 2018 as in force from 1 September 2026, and the Building and Plumbing Commission's practice note BP-01: When is a building permit required (version 5.1, 20 December 2023). This page summarises the exemptions. Schedule 3 of the Regulations is the authority and should be read in full. This page is not legal advice and does not change anything in the Act or the Regulations. Where the answer matters, ask your Relevant Building Surveyor.