A building permit, also known as a development approval, is usually needed before starting construction on most types of domestic building work in Australia. They are a written consent from a building surveyor that the construction plans have been checked to comply with the building regulations, and hence authorises construction (Mt A, 2002). They can be obtained from either the local council or a private building certifier. The Building Act 1993 and Building Regulations 1994 legislate that building work (as defined) must be subject to obtain a building permit prior to the commencement of any construction work. This Act imposes a penalty of $10,000 for anyone who starts construction work without a permit (ACC, 2002). .
A building certifier cannot issue a building permit until after the council gives all other necessary approvals, such as a preliminary approval under the planning scheme to assess the character of the building. In domestic building work this includes a reduction of the minimum building setback from a boundary, establishing the maximum height of the building and any influence the work may have on the amenity or aesthetics of neighbouring properties (DCGP, 2002). In these cases, it is necessary to obtain a planning permit from the council before a building permit can be issued. All local councils in Victoria are required to provide building certification services. This includes providing general advice on building applications and issuing building permits. However, some smaller councils may only provide those services on a part-time or consultancy basis (DCGP, 2002). .
When a construction project is proposed, it is important to have early discussions with the local council, which will confirm whether permits are necessary and, if so, what kinds of permits may be required. The building regulations states that some building works do not need to obtain a building permit as it is of such a minor nature that the advantages and protections that building permits offer are not necessary or will not be achieved (DCGP, 2002).
