{{ propApi.closeIcon }}
Our industry
Our industry $vuetify.icons.faArrowRight
Economic research and forecasting Economics Housing outlook Tailored market research Economic reports and data Inspiring Australia's building professionals HOUSING The only place to get your industry news Media releases Member alerts Submissions See all
Business support
Business support $vuetify.icons.faArrowRight
Become an apprentice host Hire an apprentice Why host a HIA apprentice? Apprentice partner program Builder and manufacturer program Industry insurance Construction legal expenses insurance Construction works insurance Home warranty insurance Tradies and tool insurance Planning and safety services Building and planning services How can HIA Safety help you? Independent site inspections Solutions for your business Contracts Online HIA Tradepass HIA SafeScan HR Docs Trusted legal support Legal advice and guidance Professional services Industrial relations
Resources & advice
Resources & advice $vuetify.icons.faArrowRight
Building it right Building codes Australian standards Getting it right on site See all Building materials and products Concrete, bricks and walls Getting products approved Use the right products for the job See all Managing your business Dealing with contracts Handling disputes Managing your employees See all Managing your safety Falls from heights Safety rules Working with silica See all Building your business Growing your business Maintaining your business See all Other subjects COVID-19 Getting approval to build Sustainable homes
Careers & learning
Careers & learning $vuetify.icons.faArrowRight
A rewarding career Become an apprentice Apprenticeships on offer Hear what our apprentices say Advice for parents and guardians Study with us Find a course Get your builder's licence Learn with HIA
HIA community
HIA community $vuetify.icons.faArrowRight
Join HIA Sign me up How do I become a member? What's in it for me? Get involved Become an award judge Join a committee Partner with us Get to know us Our members Our people Our partners Mates rates What we do Mental health program Charitable Foundation GreenSmart
Awards & events
Awards & events $vuetify.icons.faArrowRight
Awards Australian Housing Awards Awards program National Conference Industry networking Events Building and Renovation Home Show
HIA products
HIA products $vuetify.icons.faArrowRight
Shop @ HIA Digital Australian Standards Contracts Online Shipping and delivery Purchasing terms & conditions Products Building codes and standards Hard copy contracts Guides and manuals Safety and signage See all
About Contact Newsroom
$vuetify.icons.faTimes
$vuetify.icons.faMapMarker Set my location Use the field below to update your location
Address
Change location
{{propApi.title}}
{{propApi.text}} {{region}} Change location
{{propApi.title}}
{{propApi.successMessage}} {{region}} Change location

$vuetify.icons.faPhone1300 650 620

Building permit amendments and the planning permit

Builders sometimes raise concerns when a minor amendment occurs to the building of a home and a planning permit is in place. Some building surveyors permit minor variations to proceed as they consider these as still being consistent with the planning permit and others require an amendment to the planning permit. This takes time and adds additional costs to the development. The Building Act requires a relevant building surveyor not to issue a building permit unless satisfied that any relevant planning permit or other prescribed approval has been obtained and the building permit will be consistent with the planning permit.

Dealing with variations

The main issue is the inconsistency in the way relevant building surveyors approach dealing with a minor variation that is proposed either prior to the building permit being issued or during the build process. This could include a minor change to location of a window or a change to a cladding profile. Some will accept a minor change where others require an amended planning permit.

The Victorian Building Authority (VBA) has two documents on their website that provide advice on planning and building consistency:

1. Minister's guideline – MG-11 sets out the steps a relevant building surveyor should take to establish whether a building permit is consistent with the relevant planning permit.  

The guideline states that for amendments the relevant building surveyor should follow the steps similar to that of a new application.

2. An information sheet PN 44-2018 Building permit and planning permit consistency.

Checking consistency with the planning permit 

It’s important to note that the primary responsibility for determining whether or not a proposed building permit or variation to a building permit is consistent with a planning permit rests with the relevant building surveyor.

There are a number of ways that clarification can be sought to determine if the proposed building permit or amendment/variation is consistent with the relevant planning permit. This includes by seeking a written report confirming consistency or identifying any inconsistency between the planning permit and the proposed building permit from any one of the following: 

  • the responsible authority (in most cases, the relevant council)
  • an appropriately qualified and experienced planning consultant
  • an architect experienced in planning matters.

To enable the building surveyor to adequately consider a building permit or amendment to a building permit that incorporates minor inconsistencies with the planning permit you need to provide a report that addresses some key elements such as:

  • the height, area, form and configuration of the proposed building work or any part of the building work
  • the location of the proposed building on the land, including setbacks from boundaries; the location of windows, doors and privacy screens
  • any conditions of the planning permit that have specific construction requirements or that require specification construction details

the proposed use of the building work.

Obtaining advice 

A building surveyor can obtain advice from a person qualified and experienced in reading planning schemes to provide a report to the building surveyor. This report can be used to confirm that there are minor variations to the building permit that are different from the planning permit, but they are still consistent with the planning permit and would not breach the requirements of the Planning and Environment Act 1987.

This can include a solicitor with experience in planning matters, a planning consultant, or another building surveyor with appropriate qualifications and experience.

In many cases this can reduce the time delay of having the building surveyor submit the application to the relevant authority (council) for that confirmation.

The person must be appropriately qualified and have professional indemnity insurance. In most cases the building surveyor will ask that person to provide a CV detailing their experience and qualifications.

It’s important to discuss using a consultant with the relevant building surveyor for the project before you engage one to ensure that they will accept that process. A building surveyor should choose a source of professional advice carefully, remembering that the responsibility for compliance with Section 24 of the Act remains with the building surveyor.

To find out more, contact HIA’s Building Services team.

Email us

Share with your network:

More articles on:

{{ tag.label }} {{ tag.label }} $vuetify.icons.faTimes
Find guides, how-tos, resources and more

Business support


 

Supporting building professionals with custom built services and products.

  • Legal support
  • Contracts Online
  • Host an apprentice
  • Insurance services
  • Managing safety

Explore Business support

Building it right topics


 

Can’t find what you need, check out other resources that might be closer to the mark.

VIC Cost Plus Contract (Pack of 2)

This contract is used for residential constructions works on a cost plus basis, not a lump sum ‘fixed price’. Costs are totalled and a percentage or f...

VIC Alterations, Additions and Renovations Contract (Pack of 2)

This contract (pack of two) is suitable for residential building work relating to an alteration, addition, renovation or where the work is not to comp...

VIC Domestic Works Under $10,000 Contract

The Victorian Domestic Works Under $10,000 contract is suitable when the contract price for the manufacture, supply and installation of: - cabinets an...

VIC Job Quotation Form (Pad of 20)

The Victorian Job Quotation Form (pad of 20) is suitable for sub-contractors to list their conditions. It's carbonised and individually numbered and d...

VIC Notice of Commencement (Pad of 20)

This form (pad of 20) is designed for use with HIA contracts such as: - alterations, additions and renovations contract - cost plus contract - kit hom...

VIC Notice of Completion (Pad of 20)

The Victorian Notice of Completion (pad of 20) is used to formally notify an owner when a project will be at practical completion. It’s designed for u...

VIC Notice of Extension of Time (Pad of 20)

Builders wanting an extension of time for completing work will need this Victorian Notice of Extension of Time (pad of 2). This product complies with ...

VIC New Homes Contract (Pack of 2)

The Victorian New Homes Contract (pack of 2) is suitable for the construction of new homes in Victoria. The contract allows for all job details to be ...

VIC Notice of Suspension of Works (Pad of 20)

This Notice of Suspension of Works (pad of 20) is to be used with the Plain English contract for works if the owner fails to make a payment and/or is ...

VIC Progress Claim Certificate (Pad of 20)

The Victorian Progress Claim Certificate (pad of 20) provides an efficient way for a builder to claim payment from a client or financial institution. ...

VIC Specification - General & Cover

The Victorian Specification – General and Cover document contains information relevant to the work to be performed by various trades, details of mater...

VIC Preliminary Agreement (Pad of 20)

The Victorian Preliminary Agreement (pad of 50) is used to cover the cost of the preliminary work before and in preparation of signing the contract. T...

VIC Small Works Contract (Pack of 2)

The Victorian Small Works Contract is suitable for all domestic building work such as alterations and renovation projects. Note: this document is spec...

VIC Variation to Contract (Pad of 20)

The Victorian Variation Document (pad of 25) details changes or variations to works requiring an update to the contract between builder and owner. It ...