The difference between Building and Planning Permits

Building Surveying and Town Planning are controlled by different Acts of Parliament, Regulations and Schemes; being the Building Act 1993, the Building Regulations 2006, the Planning Environment Act 1987 and the Bayside Planning Scheme.

These Acts, Regulations and Schemes are administered by separate departments within the City of Bayside being the Building Surveying Department and the Statutory Planning Department.

These Acts, Regulations and Schemes can be viewed on the following:

•  Building Act 1993 (PDF, 1.01MB)
•  Building Regulations 2006 (PDF,  923KB)
•  Planning and Environment Act 1987 (PDF,  972KB)
•  Planning schemes

You may require a permit under one Act or the other, sometimes two permits are required (one under each Act), and sometimes no permits are required at all.

What should I do to determine which permit is required?

The best way of finding out is to consult an expert; an architect, a draftsperson, a town planner or a building surveyor with local knowledge. You can also contact the Council’s Building Surveying or Statutory Planning departments on 9599 4444.

In simple terms a building permit deals with a building’s structural stability and safety, whilst a planning permit deals with the buildings use. Planning permits are generally required for all non domestic building works and multi residential developments, whereas a building permit is required for almost all building works

If a planning permit is required, a building permit cannot be issued until the planning permit is first obtained.

Building works cannot commence until a building permit is issued.

Other useful documents and web links, regarding the building permit process, can be accessed through our information sheet titled ‘Building Permits’. 

For further information please contact Council’s Building Surveying Department on (03) 9599 4444.

Page last updated: 09 Jan 2012