Frequently Asked Questions

Any proposed building work must have a building permit prior to construction. A building permit applies to building work that is in connection with the construction, demolition, or removal of a building. To construct a building means:

• build, re-build, erect or re-erect the building

• repair the building

• make alterations to the building

• enlarge or extend the building

• place or relocate the building on land

Some building work, however, is of such a minor nature that the protections and advantages a building permit provides are not necessary or will not be achieved. Schedule 3 of the Building Regulations 2018 specifies the building work and buildings exempt from the building permit requirements.

This information is provided for guidance only. Refer VBA Practice notes for further information.

A Class 10 building is a non-habitable building or structure which is divided into three sub-classes:

• Class 10a is a non-habitable building including a private garage, carport, shed or the like.

• Class 10b is a structure that is a fence, mast, antenna, retaining wall or free-standing wall or swimming pool or the like.

• Class 10c is a private bushfire shelter.

A habitable outbuilding on a site is generally treated as part of the house (Class 1 building). Habitable outbuildings cannot be classified as a Class 10 structure.

Typical outbuilding classifications include the following:

• A sleepout on the same allotment as a Class 1 building is part of the Class 1 building.

• A detached entertainment room on the same allotment as a Class 1 building, perhaps associated with a swimming pool, is part of the Class 1 building.

• A small toolshed, used for trade-related hobbies for non-commercial purposes or home repairs, on the same allotment as a Class 1 building, would be classified as a Class 10 building

This information is provided for guidance only. Refer VBA Practice notes for further information.

The construction of a freestanding Class 10a building (e.g. private garage, carport or shed) is exempt from requiring a building permit providing that:

•  it has a floor area not exceeding 10m²; and

• is not more than 3m in height, or if situated within 1m of a boundary, is no more than 2.4m in height; and

• if appurtenant to a building of another Class on the same allotment, it is located no further forward on the allotment than the front wall of the building to which it is appurtenant; and

• if it is not appurtenant to a building of another Class on the same allotment, it is the only Class 10a building on the allotment and is set back at least 9m from the front street alignment and at least 2m from each side street alignment; and

• it is not constructed of masonry

Note: A planning permit or approval from the relevant authority (i.e. build over easement) may be required for the construction of a Class 10a building even if it is exempted from a building permit.

This information is provided for guidance only. Refer VBA Practice notes for further information.

Alterations to a building are exempt from requiring a building permit provided the building work:

• will not adversely affect the structural soundness of the building, and does not include:

  • an increase or decrease in the floor area or height of the building; or

  • underpinning or replacement of footings; or

  • the removal or alteration of any element of the building that is contributing to the support of any other element of the building; and

• will not project beyond the street alignment; and

• will not adversely affect the safety of the public or occupiers of the building; and

• is not work carried out on, or in connection with, a building included on the Heritage Register within the meaning of the Heritage Act 2017; and

• is not work in relation to, and will not adversely affect, an essential safety measure relating to the building.

This information is provided for guidance only. Refer VBA Practice notes for further information.