Building plans, permits and surveyors

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Your building plans

Plans for your new home, extension, renovation or repairs must take into account:

  • foundation data, including soil tests, to work out foundation depth and excavation costs
  • local council laws
  • mandatory energy rating requirements
  • results from a site survey by a licensed land surveyor, if there is any concern about the boundaries of the property.

If not, you risk paying for plans you cannot use.

Make sure everything you want is in writing and in the plans and specifications before you sign the contract - changes can be expensive once you have signed. Changes can also mean returning to the council for approval.

Who gets the plans and permits?

Big building companies usually:

  • supply plans and specifications (detailed lists of specific building materials, appliances and fittings)
  • get planning and building permits for you.

Smaller building companies can also do this.

However, you can choose to get your own plans and permits. Your building contract should make it clear who is responsible for obtaining these.

Architects, designers and draftspeople

Architects, designers and draftspeople can:

  • design and draft plans
  • get engineering computations, foundation data and planning and building permits on your behalf.

They cannot prepare drawings or specifications for building construction works unless they:

  • are architects registered with the Architects Registration Board of Victoria, or designers/draftspeople registered with the Building Practitioners Board
  • have professional indemnity insurance
  • in the case of architects, comply with professional conduct regulations.

An architect or designer/draftsperson should provide a written contract that outlines what you will get for your money. Their fees may be based on a lump sum or an hourly rate.

They have copyright on drawings, plans and documentation provided under your contract. This means you can only use the plans once, and only on the site they were designed for, unless agreed otherwise. It is wise to have your contract checked by a building lawyer before signing.

Consider sustainability

You can go beyond the minimum standard of energy rating and include more features, materials and systems to help our environment. Some of these can save you money in the long term.

Permits for building

Before you start to build a house, or do your home extension or renovation, you or your agent must find out whether you need a planning permit. If so, you must get one before you can get a building permit. Your contract should state if your agent is your builder, architect, designer or draftsperson.

A building permit is written approval from a registered building surveyor. It shows your approved plans and specifications comply with building regulations, and allows building work to start.

A registered building surveyor or the Building Commission can advise whether your home renovation or extension needs a building permit.

A building permit can be obtained from a registered private or council building surveyor.

The building surveyor will charge a fee to assess your application and either:

  • grant the building permit
  • request changes to ensure the plans and specifications comply with building regulations.

If your builder is acting on your behalf to get a building permit, you:

  • must provide written authority in your contract or a separately signed document. Read the permit application and only sign if you agree
  • may not be involved in choosing your building surveyor or the details of the application documents. You should receive a copy of the permit when it is issued.

Do not sign the building permit application as an owner builder unless you intend to take full responsibility for the project and have an owner builder’s Certificate of Consent from the Building Practitioners Board.

Swimming pools and spas

You must have a building permit for:

  • a swimming pool or spa deeper than 30cm (300mm), including above-ground pools and spas
  • pool and spa safety barriers, including windows, doors and gates that open into a pool or spa area.

Temporary inflatable pools and portable spas do not require a building permit. However, if they are deeper than 30cm (300mm) they must have a permanent safety barrier, which does require a building permit.

By law, you must have a safety barrier for all swimming pools and spas deeper than 30cm (300mm).

For more information about safety fences for pools and spas, visit the Building Commission website.

For swimming pool and spa contract information, view our When do I need a building contract? page.

Your building surveyor

Your builder can appoint a building surveyor but we suggest you choose your own, so you can be confident of their independence. You can find a building surveyor through the Australian Institute of Building Surveyors or the Building Commission.

The building surveyor who issues your building permit will organise and be responsible for inspection of the site when specific stages of work are complete. It is the builder’s responsibility to advise the surveyor when work on each stage is complete and ready for inspection.

A building surveyor checks that work meets minimum building regulations, but does not check that the work:

  • meets the standard agreed in your contract
  • required by your contract has been completed.

For example, a building surveyor may issue a certificate of occupancy even though your bathroom is not fully tiled in keeping with your contract, as the work carried out meets minimum building regulations.

You can engage an independent building consultant to assess whether the work completed meets the requirements in your contract.

Last updated: 29/04/2012

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