Before starting any building construction/works, it is important to find out if requires a building permit.
Whether a building permit is required or not, building construction/works:
- must be in accordance with the National Construction Code and Australian Standards
- meet siting requirements under Part 5 of the Building Regulations 2018, where applicable
- You must always check your own title for any specific restrictions, agreements, or covenants are on your property.
There are several exemptions under Schedule 3 of the Building Regulations 2018 for some building works/construction. You can find these exemptions and other helpful information by visiting the below websites:
- Victorian Building Authority - Building BP 01 - When is a building permit required
- Victorian Building Authority - Planning and building permits
- Building Regulations 2018
Additional Information
Verandahs / Pergolas / Shade Structures / Sails
A verandah is a roofed structure typically attached to another structure, and requires a building permit.
Pergola is a non roofed, open structure. It can have a roof covering of permeable material. Shade structures including shade sails would also fit this category. In some cases, a building permit is required.
Garages / Sheds / Carports / Decks
A building permit is required for all garages, sheds and carports.
A shed under 10m² could possibly be exempt, but would also need to meet height and siting restrictions.
Decks can be attached to a dwelling, swimming pool or can be free standing. A building permit is required where there is a structural subfloor (a supportive structure designed to bear weight).
Methods for attaching decks to dwellings are regulated in the ABCB Housing Provision Standard 2022.
Decking material laid directly on a surface like concrete will not require a building permit.
Fences / Retaining Walls
A building permit is required for most fences. Exemptions apply to some fences.
Retaining walls based on both their location within a property and height may require a building permit.
A fence height is in addition to a retaining wall height when located within close proximity.
We recommend checking with our team prior to commencing any work.
Fencing Rules
A building permit is not required for a ‘timber’ or 'colorbond' fence provided:
- the height of the front fence within 3 metres of the street alignment is not more than 1.5 metres.
- the height of the side and rear fences is not more than 2 metres
- the fence is not more than 1 metre high if it is within 9 metres of an intersection (corner block).
A building permit is required for:
- any fence height greater than that listed above
- any brick or masonry front fence or side fence over 1.2 metres
- any retaining wall on or next to a title boundary or over an easement.
Things to note:
- Fence heights (including any trellis or screen) are measured from natural ground level
- No part of a retaining wall (e.g. footing, excavation) may cross the title boundary
- Gates must not swing out over the title boundary or footpath/road reserve
Front Fence Height
The height of a fence, or part of a fence, that is within 3 metres of the street alignment at the front of that allotment must not exceed a maximum height of 2 metres for a declared road and 1.5 metres in any other case. A declared road means a freeway or an arterial road within the meaning of the Road Management Act 2004.
The maximum height of a fence within 9 metres of a point of intersection of street alignments is 1.0 metre. Note that the street alignment is the front title boundary, not the kerb and channel.
A fence adjacent to a street alignment or public open space must not contain barbed wire or other sharp protrusions unless:
- The fence is setback at least 150mm from the street alignment or public open space
- The barbed wire or other sharp protrusion is at a height of at least 2 metres above the level of the street or public open space
Fence setbacks from side and rear boundaries
A fence exceeding 2 metres in height must be set back from a side or rear boundary not less than the distance specified by the following table:
| Fence height at any point | Minimum setback from side or rear boundary at that point |
| More than 2.0m but not more than 3.6m | 1m |
| More than 3.6m but not more than 6.9m | 1m plus an additional distance calculated at the rate of 300mm for every metre of height over 3.6m |
| More than 6.9m | 2m plus an additional distance calculated at the rate of 1 metre for every metre of height over 6.9m. |
This requirement does not apply to a fence that complies with the requirements for fences on side and rear boundaries.
Fences on side or rear boundaries
The total length of fences that are more than 2 metres in height and that are constructed on, or within 150 millimetres of, a side or rear boundary of an allotment must not exceed, along the boundary, the greater of the following lengths:
- 10 metres plus 25% of the remaining length of the boundary of the allotment; or
- the length of any wall or carport constructed on an adjoining allotment that is on or within 150 millimetres of the boundary of that allotment and that abuts those fences
A fence constructed within 150 millimetres of a side or rear boundary of an allotment must not exceed:
- an average height of 3 metres
- a maximum height of 3.6 metres along the boundary
If a fence abuts an existing wall it may be constructed to the same height as that wall.
This requirement does not apply to a fence if:
- it is constructed on or within 150mm of a boundary that is a side or rear street alignment;
- it is not more than 2.5 metres in height;
- it is provided to comply with overlooking requirements of Building Regulations 2006, reg 84;
- the part of the fence between 2 metres and 2.5 metres in height has between 20% and 25% of its area open.
Fences and daylight to existing habitable room windows
A fence exceeding a height of 2 metres must be set back from a habitable room window in an existing dwelling on an adjoining allotment to provide for a light court to the window that has a minimum area of 3 square metres and a minimum dimension of 1 metre clear to the sky. The area of the required light court may include land on the adjoining allotment.
A fence with an average height of more than 3 metres opposite a habitable room window in an existing dwelling on an adjoining allotment must be set back from that window at least half the height of the fence if the fence is within a 55degree angle in the horizontal plane about a vertical axis through the centre of the window.
The angle may be swung to not less than 35degree from the plane of the wall containing the window. If the window is above ground floor level, then for the purposes of that sub-regulation, the wall or carport height is to be measured from the floor level of the room containing the window.
Fences and solar access to existing north-facing habitable room windows
The regulation applies if:
- a fence more than 2 metres in height is to be constructed on an allotment
- a north-facing habitable room window or part of a window of an existing dwelling on an adjoining allotment is within 3 metres of a boundary of the allotment on which the fence is to be constructed
- the window is orientated towards the boundary
The proposed fence must be set back from the boundary not less than the distance specified in the following table for a distance of 3 metres from the edge of each side of the window or that part of the window that is within 3 metres of the boundary.
| Fence height at any point | Minimum setback from side or rear boundary at that point |
| 3.6 metres or less | 1 metre |
| More than 3.6 metres but not more than 6.9 metres | 1 metres plus an additional distance calculated at the rate of 600 millimetres for every metre of height over 3.6 metres |
| More than 6.9 metresm | 3 metres plus an additional distance calculated at the rate of 1 metre for every metre of height over 6.9 metres |
A north facing window is defined as a window with an axis perpendicular to its surface oriented north 20 degrees west to north 30 degrees east.
Fences and overshadowing of recreational private open space
A fence more than 2 metres in height must not reduce the sunlight to a recreational private open space of an existing dwelling on an adjoining allotment to the extent that less than the required minimum area of the recreational private open space has less than 5 hours of sunlight and between 9am and 3pm.
If a fence is to be constructed on an allotment and the existing amount of sunlight to a recreational private open space on an adjoining allotment is less than the amount required as noted in the above paragraph, the amount of sunlight to that area must not be further reduced by the construction of the fence.
In this regulation the required minimum area of a recreational private open space is the lesser of
(a) 75% of the recreational private open space; and (b) 40 square metres with a minimum dimension of 3 metres.
Recreational private open space means any part of private open space on an allotment-
(a) which is-
(i) at the side or rear of an existing dwelling on the allotment; or
(ii) within the front set back of an existing dwelling on the allotment and which is screened for at least 90% of its perimeter by a wall, fence or other barrier that is at least 1.5m high and that has no more than 25% of its area open; and
(b) which is primarily intended for outdoor recreation activities.
Disputes over fencing
Council does not have the authority to intervene in fencing disputes between two privately owned properties unless the fence violates building regulations.
The Dispute Settlement Centre of Victoria can assist in these matters.
https://www.disputes.vic.gov.au/information-and-advice/fencing
New Dwellings / Units / Small Second Dwelling
A building permit is always required for a new dwelling, unit or small second dwelling.
If you are planning a renovation of an existing dwelling or unit, extensions require a building permit as well as many internal alterations. It is always best to check with our team prior to commencing any work.
Demolition
A building permit is usually required for demolition work.
In addition, a report and consent under Section 29a of the Building Act is likely also required
If you have have further questions please lodge a Building Enquiry.