Does Your Project Need a Building Permit?

HIA Update: What to Expect in 2024

We are all well and truly back at work. The home building industry continues to slow down but we hope that consumer confidence and sales will return.

In this article, I will remind readers of when a building permit is required and briefly mention some important law changes coming up. 

Building Permits

A regular question that HIA receives from members is “Do I need to get a building permit for my small building project?” 

The Building Act 1993 (Vic) (‘the Act’) and the Building Regulations 2018 (Vic) (‘the Regulations’) require builders to obtain a building permit for building works involving construction, demolition, or removal of a building. A permit is further required if the construction of a building is in relation to a build or re-build, repair, alterations, extensions and/ or relocation of a building. A failure to obtain a permit may result in the owner and/or builder being subjected to heavy penalties.

Builders must also ensure that all building works are compliant with the current National Construction Code (NCC).

“Builders must also ensure that all building works are compliant with the current National Construction Code (NCC).”

However, a building permit may not be required if it is: 

• Work to repair, renew or alter a part of an existing building, if the building work will not adversely affect the structural soundness of a building
• The work does not include an increase or decrease in the floor area or height of the building
• The work does not include 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 the footing
• Work that is done for maintenance or renewal purposes using materials commonly used for the same purpose as the material being replaced.

This work must also: 

• Not adversely affect the safety of the public or occupiers of the building
  Not be carried out or in connection with a building listed on the Heritage Register.

If you are not sure whether you need a building permit, you should get advice from the VBA or an industry association like HIA. It is usually safer to assume you need a building permit until you have certainty that you do not.

“If you are not sure whether you need a building permit, you should get advice from the VBA or an industry association like HIA.”

Continuing professional development

The Victorian government is planning to introduce a continuing professional (CPD) scheme for registered builders. This should help address community concerns about the quality of building work and the industry in general. HIA will be carefully assessing any proposed regulations to implement this scheme to ensure that it is fair and reasonable.

“The Victorian government is planning to introduce a continuing professional (CPD) scheme for registered builders.”

National Construction Code 

Finally, a quick reminder that the NCC 2022 changes to the accessibility, condensation mitigation and energy efficiency of homes are scheduled to commence on the 1st of May 2024.

“Finally, a quick reminder that the NCC 2022 changes to the accessibility, condensation mitigation and energy efficiency of homes are scheduled to commence on the 1st of May 2024.”  

HIA will continue to provide detailed information about these changes to help the industry. Our members can also call our Building Service Advisors and Workplace Advisors for more assistance. HIA will continue to provide information and support for its members about all these matters. Future columns in this magazine will provide more details.