Building permit vs planning permit: a planning permit decides whether a particular use or development is allowed on your land under the council’s planning scheme, while a building permit confirms that the construction itself complies with the Building Act 1993, the Building Regulations 2018 and the National Construction Code (NCC). Many projects need both, and when they do, the planning permit comes first.
The two are easy to confuse, and applying in the wrong order can cost you time. Here’s who issues each permit, what each one looks at and how to work out which ones your project needs, whether you’re a homeowner, designer, builder or business owner.
Building permit vs planning permit at a glance
| Question | Planning permit | Building permit |
|---|---|---|
| Main law | Planning and Environment Act 1987 and your council’s planning scheme | Building Act 1993, Building Regulations 2018 and the NCC |
| Who issues it | Your council as responsible authority (some applications go to the Minister for Planning) | A registered building surveyor, private or municipal |
| What it assesses | Use and development against zones, overlays and local policy, such as neighbourhood character, heritage, amenity, vegetation, flooding and bushfire | Structure, fire safety, health and amenity, energy efficiency, siting rules and safe construction |
| Neighbours | Applications may be advertised and objected to (VicSmart applications aren’t advertised) | Not advertised, although council may seek neighbours’ comments on siting variations |
| Decision time | 60 statutory days for a standard application; 10 business days under VicSmart | 10 business days for houses and outbuildings (15 for other buildings) once consents and the permit number are in |
| What you get | A permit with conditions and endorsed plans | A permit listing mandatory inspections, then a certificate of final inspection or occupancy permit |
Who issues a planning permit?
Most planning permit applications are decided by the local council as the responsible authority; some are decided by the Minister for Planning. The council’s planning department assesses your proposal against the planning scheme, the legal document that controls how land in the municipality is used and developed.
A planning permit normally comes with conditions and a set of endorsed plans. Standard applications may be advertised so neighbours can comment or object. VicSmart is a fast-track stream for straightforward proposals: applications aren’t advertised and are decided in 10 business days.
Who issues a building permit?
A registered building surveyor. You choose whether to appoint a private building surveyor, such as JLN, or your council’s municipal building surveyor, and you can only have one per project. For domestic work under a building contract, the owner makes the appointment; the builder can’t appoint the building surveyor for you.
The building surveyor assesses your drawings, engineering and reports, tells you if council report and consent is needed (for example, to vary a siting rule or build over an easement), issues the permit and carries out the mandatory inspections. Our building permits page explains how we handle each step.
Which comes first, the planning permit or the building permit?
The planning permit. Under section 24 of the Building Act, the building surveyor must be satisfied that any planning permit required has been obtained and that the building permit is consistent with it. In practice, your building surveyor compares the construction drawings with the council-endorsed plans: height, floor area, form, external materials and setbacks all need to match, and relevant permit conditions need to be met.
If the design changes after planning approval, you may need council to approve amended plans before the building permit can issue. You don’t have to wait to start detailed design, though. Engineering and construction drawings can progress while planning is assessed, as long as you’re ready to adjust them to suit the permit conditions.
When do you need both permits?
Common examples include:
- A new house, second storey or extension on land covered by a Heritage Overlay.
- Work on a small residential lot. Extra planning controls apply to lots under 300 m² in residential zones; the City of Stonnington, for example, notes that a verandah or pergola 3 m or higher on such a lot needs a planning permit.
- Building on flood-prone land covered by a Special Building Overlay or Land Subject to Inundation Overlay.
- A new home in a Bushfire Management Overlay.
- A small second dwelling where heritage, bushfire, flooding or other special controls apply, or on a residential lot under 300 m².
- Converting a shop into a cafe, where the zone requires a planning permit for the new use and the fit-out needs a building permit – see cafe and restaurant permits.
Which overlays commonly trigger a planning permit?
Overlays sit on top of your zone and add controls for particular issues. The ones that most often affect home and small commercial projects are:
- Heritage Overlay – demolition, new buildings and external changes, even small ones, can need a permit.
- Neighbourhood Character Overlay and Design and Development Overlay – extra controls on built form, such as height, setbacks and design.
- Special Building Overlay and Land Subject to Inundation Overlay – land affected by flooding or overland flow.
- Bushfire Management Overlay – bushfire protection measures for new dwellings and other development.
- Vegetation Protection, Environmental Significance and Significant Landscape Overlays – tree removal and works affecting vegetation or landscape values.
Whether a permit is actually triggered depends on the overlay’s schedule and the type of work, so always read the specific controls or ask council. Overlays can also bring building-side requirements: building on flood-prone land needs council’s report and consent, and homes in bushfire-prone areas must meet bushfire construction requirements such as AS 3959.
How do you check your property’s zones and overlays?
- Enter your address in VicPlan or on the planning property report page and download the free report. It lists your zone, overlays and heritage information.
- Look up those zone and overlay clauses, and their schedules, in your council’s planning scheme.
- Talk to the council’s planning department before you lodge. They can tell you whether your proposal needs a permit and what information to supply.
- Check your title for easements and covenants, which can restrict what and where you build.
How long does each permit take?
Planning is usually the longer step. Council has 60 statutory days to decide a standard application, but that isn’t a simple calendar count: if council asks for more information within 28 days of lodgement, the clock starts again once you provide it, and amending your application resets it. If council hasn’t decided within 60 statutory days, you can apply to VCAT.
Once any planning permit, reports and consents are in place and the building permit number has been issued, the regulations give the building surveyor 10 business days to decide an application for a house or outbuilding and 15 business days for other buildings. Our guide to how long a building permit takes walks through each stage.
Frequently asked questions
Can I get a building permit before my planning permit is issued?
No. If a planning permit is required, the building surveyor can’t issue the building permit until it has been obtained, and the building permit has to be consistent with it.
Does a small second dwelling need a planning permit?
Since 14 December 2023, a small second dwelling of up to 60 m² doesn’t need a planning permit in most cases. One may still be needed where heritage, bushfire, flooding or other special controls apply, or on a residential lot under 300 m². A building permit is always required – see our small second dwellings guide.
Is council report and consent the same as a planning permit?
No. Report and consent is a building-side approval from council, needed for things like varying a siting rule under Part 5 of the Building Regulations, building over an easement or building on flood-prone land. Your building surveyor will tell you if you need it.
Do I need a planning permit for a shed or fence?
Often not, but overlays can change that. Work that is exempt from a building permit can still need planning approval, particularly in a Heritage Overlay. Check your planning property report, and read our guide: do I need a building permit in Victoria?
Can JLN issue my planning permit?
No. Planning permits are issued by council or the Minister. JLN issues building permits, carries out the mandatory inspections and checks your building drawings against your endorsed planning plans before the permit issues.
Planning sorted and ready for your building permit, or not sure which permits apply? Call JLN on 0422 234 951 or request a free quote for fast, practical advice.
This article is general information current as of September 2026, not legal advice. Every project is different – ask us to confirm what applies to yours.