Obtaining a building permit

Municipal building surveyors and private building surveyors

Prior to 1 July 1994 a building permit could only be obtained from the local council in whose district the building work was being carried out. That council was responsible for carrying out all the building inspections and ensuring that the building work complied with the relevant building regulations of the time.

Since the introduction of the Building Act on 1 July 1994 property owners have had a choice between using council services (through the municipal building surveyor) or utilising the services of a private building surveyor to obtain a building permit and to arrange inspections of building work.

Every council in Victoria is required to have a person holding the office of municipal building surveyor.

A private building surveyor is a fully independent person, not associated with or controlled by council (except where a council engages a private building surveyor to be its municipal building surveyor, which is rare).

The choice of building surveyor for a project is often left to and done by professionals such as architects, draftspersons or the builder. The actual application for a building permit (being a statutory form) can only be done by law by the owner of land or a person acting as an agent of the owner of the land. An agent is required to have written authority to act as the agent from the owner.

The building surveyor (private or municipal) who issues the building permit is generally responsible for ensuring that the building work complies with the requirements of the Building Act and the Building Regulations. The Building Act contains provisions to promote that only one building surveyor, rather than a number, carries out the required functions in regards to issuing permits and carrying out inspection of building work for a project. That building surveyor may however engage qualified and registered building inspectors to carry out the building inspections during the course of construction.

A municipal building surveyor or a private building surveyor who has been appointed to issue a building permit in respect of particular building work has power under Part 8 of the Building Act to enforce that building work to be brought into compliance with the Act and the Building Regulations through the issuing of various notices and orders.  A person who fails to comply with a valid building order may be prosecuted in the Magistrates Court for that failure. A private building surveyor in such circumstances is required to refer that matter to the Building Commission.

Download a factsheet outlining the building control system in Victoria:

Fact Sheet on Building Control (298.00 KB)