Turning a warehouse into a gym, a shop into a cafe or a house into a medical clinic? You’ll usually need a change of use building permit, because the building has to suit its new use, not just the one it was approved for. That can mean new exits, fire services, toilets or access for people with disability.
Our building surveyors help business owners, landlords, tenants and buyers understand what a new use involves before they sign, then issue the building permit and see the project through to the occupancy permit.
The National Construction Code (NCC) classifies each building, or part of one, by its use. The class reflects who’s inside, how many people there are and how easily they can escape in an emergency, so a change of building classification can bring different rules. Common examples:
Building and Plumbing Commission (BPC) guidance notes that section 40 of the Building Act 1993 and regulation 229 of the Building Regulations 2018 prohibit using a building for a purpose other than what has been approved. Regulation 230 lets a private building surveyor, such as JLN, exercise the municipal building surveyor’s functions under regulation 229.
Your building surveyor assesses the building against the requirements for the new use and advises what needs upgrading. Any upgrade work needs a building permit unless it is exempt, so it pays to know the scope before you commit.
Your building permit will state whether an occupancy permit is required. If it is, the building must not be occupied until it’s issued. Regulation 185 exempts only limited work, such as work on a shed or other Class 10 building, alterations to a house and alterations within an apartment.
The occupancy permit reflects the building’s classifications and approved uses. For Class 1b, 2, 3 and 5 to 9 buildings, it must also list the essential safety measures, their required performance and how often each must be inspected, tested and maintained.
A change of use runs smoothest when the building questions are answered first, so we show you what the new use needs before you spend money on a lease, purchase, fit-out or equipment.
Send the address, the current use and any occupancy permit, the proposed use, opening hours, likely staff and visitor numbers and a floor plan or sketch. We’ll quote and flag the big questions early.
We confirm the current and proposed NCC classification, inspect the building if needed and advise what the new use requires, from exits and fire services to access, toilets and structure.
Your designer and consultants prepare the drawings and reports. Once they comply and any required planning permit has been obtained, we issue the building permit and the upgrade work can start.
We carry out the mandatory inspections on your permit, then complete the final inspection and issue your occupancy permit or certificate of final inspection, listing the essential safety measures the owner must maintain.
What’s needed depends on the building, the new classification and how many people will use it. Common upgrade areas include:
That’s a separate question, answered by your council’s planning scheme. Each zone has a table of uses: some uses need no planning permit, some need one and some are prohibited, and a use that doesn’t meet a listed condition moves into a more restrictive category. In some zones both the new use and the works need a permit; in others, only the works may. Car parking and signage provisions can also apply.
A required planning permit must be obtained before the building permit is issued. Our guide to building permits vs planning permits explains how they fit together.
After the change, the owner must keep each essential safety measure, such as exit signs, emergency lighting, fire detection and sprinklers, maintained so it operates satisfactorily. Under Part 15 of the Building Regulations 2018, the owner must also prepare an annual essential safety measures report, and can authorise an agent, such as a maintenance contractor, to complete it.
Records must be made available to council or the fire authority on request, after 24 hours’ notice, and occupiers must keep exits and paths of travel clear. Fines can apply. The BPC’s essential safety measures guide explains each obligation.
JLN Building Consultants is a building surveying consultancy based in Niddrie, in Melbourne’s north-west, working across Melbourne and regional Victoria. Our directors have over 20 years of combined experience in construction and building surveying, and our commercial building permit work spans warehouses, offices, shops, cafes, restaurants, schools and childcare centres.
Talk to us before the new use starts, while the plan can still change.
Common questions from owners, tenants and buyers planning a change of use.
Usually. Preparing a building for a new use generally involves building work, such as new exits, fire services, toilets or access upgrades, which needs a permit unless an exemption applies. Even if little work seems necessary, speak to a building surveyor first, because using a building for an unapproved purpose is prohibited.
It can be, even though shops, cafes and restaurants are all Class 6 under the NCC. Seating, a commercial kitchen and more customers can change what the building needs, including exits and toilets, and the zone determines whether the new use needs a planning permit. See our fit-out permits page for the building work.
Not if your building permit requires an occupancy permit. The building must not be occupied until it’s issued, so allow for the final inspection in your fit-out program and lease dates, and have your trades’ certificates ready. If no occupancy permit is required, the work is signed off with a certificate of final inspection.
Ask for the current occupancy permit, the latest annual essential safety measures report and any planning permit, and check whether the new use needs a planning permit in that zone. Then have a building surveyor review the building against the new use, and agree in writing who pays for upgrades. Our due diligence advice covers these steps.
If the new use needs a liquor licence, such as for a cafe, restaurant or bar, a Maximum Patron Capacity Report can support your application. We prepare these reports, assessing floor area, exits and egress, and it’s worth arranging one alongside the change of use because the same building features affect both.
Send us the address, current use and your plans for the building, and we’ll explain what the change involves before you commit. Request a free quote, call 0422 234 951 or email info@jlnconsultants.com.au.
