In Victoria, a deck with a structural subfloor and a verandah need a building permit. An open pergola or a fence may be exempt, but only when the relevant conditions are met.
Check the proposed work with a building surveyor and your local council before starting. The structure, its position and the rules for the property all matter.
Start with two separate checks
A building permit deals with the proposed building work and the applicable building requirements. A planning permit deals with the use and development of land.
You may need both. Ask your council about planning controls and a registered building surveyor about the building permit. Where both are required, the planning permit comes first.
Consumer Affairs Victoria explains the plans and permits process. Estate design approval is another check; it does not replace a required statutory permit.
Decks: being close to the ground is not the test
The Building and Plumbing Commission’s (BPC) landscaping guidance says a deck using a structural subfloor requires a building permit. That applies to structures attached to a home or pool, as well as freestanding decks.
Do not rely on a simple height rule to decide that a low deck is exempt. Ask the surveyor to assess what is actually being built.
For repair work, describe what will be replaced. Surface maintenance and work on supports or footings are different scopes. The BP-01 practice note explains the conditions for repair and maintenance exemptions.
Pergolas: an open structure has a narrow exemption
For these rules, a pergola is open and unroofed. It may have an open-weave, permeable covering.
The exemption requires all the relevant conditions:
A height of no more than 3.6 metres.
A floor area of no more than 20 square metres.
The required position in relation to the building’s front wall.
For a pergola serving a Class 1 building, the limit is 2.5 metres forward of that building’s front wall. For other building classes, it must not extend forward of that wall.
Ask the surveyor to confirm the building class and siting. Schedule 3 of the Building Regulations is the legal source; BP-01 explains the pergola exemption.
A solid roof takes the structure outside this open-pergola definition. Check before adding roofing to an existing pergola, even if the original structure was exempt.
Verandahs: plan for a building permit
A verandah is a roofed structure, usually attached to a home. BPC says verandahs require a building permit.
Show the proposed roof, posts and connection to the house in the drawings. Tell the surveyor whether the work is a new structure or a change to an existing one.
A structure’s advertised product name does not establish which rules apply. The proposed construction does.
Fences: height, material and position all matter
Schedule 3, item 10 sets conditions for the common fence exemption. They include:
A maximum height of 2 metres.
Within 3 metres of a street alignment, a maximum of 1.5 metres for fences other than masonry, concrete or similar materials.
Within that same distance, a maximum of 1.2 metres for masonry, concrete or similar fences.
Within 9 metres of an intersection of street alignments, a maximum of 1 metre above the footpath.
For this exemption, a street excludes a lane, footway, alley or right of way. The exemption excludes pool or spa safety barriers and fences around children’s-service outdoor play spaces.
Council planning controls and other applicable requirements still need checking. Give the surveyor the full fence layout, materials and measurements, including the street corner where relevant.
Dividing fences: agreeing with the neighbour is a separate step
The Fences Act 1968 deals with dividing-fence responsibilities, contributions and the process for carrying out fencing work.
Start by discussing the work with the neighbouring owner. Record an agreement in writing. A building permit does not settle who should pay or establish the boundary.
Victoria Legal Aid’s fences guidance explains sufficient dividing fences, contributions, fencing notices and disagreements. Get advice about your situation before relying on an assumed cost split or starting disputed work.
Retaining walls need their own check
A retaining wall’s relationship to other building work and adjoining property can change the permit answer. Height alone is not enough to decide.
Give the surveyor the existing and proposed ground levels, nearby structures and boundary details. Ask about the whole arrangement if a fence will sit above the wall.
For council guidance, start with Casey’s building permit information or Monash’s building permit checks, according to where the property is. If you live elsewhere, contact that council.
Dividing-fence guidance does not settle a retaining-wall dispute. Seek advice about the particular wall and property.
A driveway crossover has separate council requirements
The crossover connects your driveway to the road across public land. Check the council’s requirements even when work on the driveway itself does not need a building permit.
In Casey, vehicle crossing permits cover new crossovers, widening, maintenance and temporary crossings.
Casey requires the permit before work starts. After the crossover is boxed up, a pre-pour inspection must be approved before concrete is poured.
Other councils have their own process. Check the council responsible for the property before agreeing the construction date.
What to gather before asking
A useful first enquiry includes:
The property address and any existing plans or approvals.
A sketch showing the proposed structure, dimensions, roof or covering, and distance from boundaries.
Photos of the site and details of what will be retained, removed or changed.
Any title, easement, estate-design or planning information you have.
Say which measurements are estimates. Ask what additional drawings or reports are needed before committing to construction.
As the owner, you are responsible for ensuring required permits are obtained. Your builder cannot appoint a private building surveyor on your behalf.
The Consumer Affairs Victoria checklist explains who can apply and how the owner appoints the surveyor. Agree who will obtain approvals and arrange required inspections.
For planning questions, the Victorian Government recommends speaking with your council’s planning department.
Choose the work, then confirm the requirements
For ideas for your backyard, start with the space you want to change.
Explore Decks, pergolas & verandahs, Fencing & gates, Retaining walls & bricklaying or Concreting & paving.
Our timber deck beneath a brown pergola shows one completed project. Its photographs illustrate the work, not the approvals your property will need.
For the order of works, comparing quotes, registration checks and deposits, read How to plan a backyard project.
Get a quote with your suburb and a short description of the work. Include any plans or approvals you already have.