Do I need a building permit in Victoria? For most building work, yes. The Building Act 1993 requires a building permit unless the work is specifically exempt, and the exemptions in Schedule 3 of the Building Regulations 2018 are narrow: a small garden shed, a low fence, a modest unroofed pergola or a retaining wall under 1 m can qualify, but decks, verandahs, carports and swimming pools almost always need a permit.
Below we cover what a permit is, the common exemptions, the traps that catch homeowners out and how to get a clear answer before you build.
What is a building permit, and who issues it?
A building permit is the approval to carry out building work. Before issuing one, a registered building surveyor checks that your plans comply with the Building Act, the Building Regulations and the National Construction Code (NCC), and sets the mandatory inspections your project needs during construction.
You can appoint a private building surveyor, such as JLN, or your council’s municipal building surveyor, but only one per project. For domestic work under a building contract, the owner makes the appointment, not the builder. If your project also needs a planning permit, that must be in place first – our guide to building permits vs planning permits explains the difference.
Which building work is exempt from a building permit?
The exemptions are listed in Schedule 3 of the Building Regulations 2018. Each one comes with conditions, and your project has to meet every one of them.
Sheds and small outbuildings
A freestanding shed or similar non-habitable outbuilding (a Class 10a building) doesn’t need a permit if its floor area is 10 m² or less, it is no more than 3 m high (2.4 m if it is within 1 m of a boundary), it isn’t built of masonry and it sits no further forward than the front wall of your house. Bigger, taller or masonry outbuildings need a shed building permit.
Fences
A fence that isn’t a pool or spa barrier is exempt up to 2 m high. Closer to the street the limits drop: 1.5 m within 3 m of the street alignment (1.2 m for a masonry or concrete fence), and 1 m above footpath level within 9 m of a street intersection. Anything higher needs a fence permit.
Retaining walls
A retaining wall less than 1 m high is exempt, as long as it isn’t associated with other building work and isn’t needed to protect an adjoining property. The Building and Plumbing Commission (BPC), which replaced the Victorian Building Authority in July 2025, also says walls on or near a boundary need a permit where there is a risk of damage to the neighbour’s property. See retaining wall permits.
Pergolas and shade structures
An unroofed pergola is exempt if it is no more than 3.6 m high, has a floor area of no more than 20 m² and, for a house, sits no more than 2.5 m forward of the front wall. The regulations define a pergola as an open, unroofed structure that may have an open-weave, permeable covering, so a polycarbonate or metal roof takes it outside the exemption. The BPC applies the same limits to shade structures with permeable coverings. More on pergola permits.
Swimming pools and spas
Pools and spas that can’t hold more than 300 mm of water are exempt. Deeper ones need a building permit, unless the pool or spa and its barrier are all relocatable. Any pool or spa deeper than 300 mm, including above-ground and inflatable ones, also needs a compliant barrier and council registration (relocatable pools once they have been up for three consecutive days), plus a barrier compliance certificate renewed every four years.
Repairs, maintenance and minor alterations
Like-for-like repairs, such as replacing damaged weatherboards, renewing non-fire-rated linings or retiling a bathroom, are exempt if they don’t affect the structure, footings, floor area, height or safety of the building. Minor non-structural alterations can also be exempt, except on a building on the Victorian Heritage Register.
Demolishing a small outbuilding
You can demolish a freestanding, non-masonry Class 10 building, such as an old shed or carport, of up to 40 m² without a building permit, provided the work won’t put anyone at risk and the building isn’t on the Heritage Register.
Decks, verandahs and carports
There is no general size or height exemption for decks in Victoria. BPC guidance is that decks and verandahs attached to a house or pool need a permit regardless of size, and detached decks need one too, although timber laid directly on a slab or soil generally isn’t treated as a deck. Almost all carports and garages need a permit as well, because a car-sized structure is well over the 10 m² outbuilding limit.
Do I need a building permit in Victoria? Quick reference
| Structure | Usually needs a permit when… | Notes |
|---|---|---|
| Garden shed (freestanding) | Over 10 m², over 3 m high (2.4 m within 1 m of a boundary), or forward of the house’s front wall | Masonry outbuildings are not exempt |
| Fence (not a pool barrier) | Over 2 m; over 1.5 m within 3 m of a street (1.2 m for masonry); over 1 m within 9 m of an intersection | Pool and spa barriers have separate rules |
| Retaining wall | 1 m or higher, part of other building work, or near a boundary where it could damage the neighbour’s land | Check easements before you dig |
| Pergola (unroofed) | Over 3.6 m high, over 20 m², more than 2.5 m forward of the house, or given a solid roof | Covering must be open-weave and permeable |
| Shade structure or sail | Beyond the pergola limits, or with a waterproof covering | Treated like a pergola by the BPC |
| Deck | Almost always, attached or detached | Timber laid straight onto a slab or soil is generally not a deck |
| Verandah | Always | A roofed structure, whatever its size |
| Carport or garage | Almost always | Only freestanding, non-masonry buildings up to 10 m² are exempt |
| Pool or spa | It can hold more than 300 mm of water, unless the pool and barrier are relocatable | Barrier, registration and four-yearly barrier certificate still apply |
| Repairs and maintenance | The work affects structure, footings, floor area, height or safety | Like-for-like repairs are exempt |
| Demolishing an outbuilding | Masonry, over 40 m², or on the Heritage Register | A planning permit may still be needed |
The gotchas: exempt doesn’t mean anything goes
- Planning controls still apply. An exemption from a building permit is not an exemption from the planning scheme. In a Heritage Overlay, for example, a small shed or a demolition can need a planning permit even when no building permit is required.
- Easements. Building over an easement, even with an exempt shed, may need consent from the council or the authority that owns the pipes or cables underneath.
- Heritage Register buildings. The alteration and demolition exemptions don’t apply to buildings on the Victorian Heritage Register.
- The NCC can still apply. Some exemptions, including those for pergolas and minor alterations, only switch off Parts 3 to 19 of the regulations, so the work must still comply with the NCC and be built to carry its loads.
- Boundaries change the rules. A shed within 1 m of a boundary is limited to 2.4 m high, and garages, carports and walls near a boundary bring in siting rules, possible fire-resisting construction under the NCC and, if a siting rule can’t be met, council report and consent.
- Pool barrier repairs. Fixing a non-compliant barrier is only exempt in limited cases. Replacing more than half its length, or replacing posts or footings, needs a permit.
- Part of a bigger job. A low retaining wall built as part of a new garage or extension loses its exemption, because it is associated with other building work.
What happens if you build without a permit?
Carrying out building work that needs a permit without one is an offence under the Building Act 1993, with heavy penalties. Your council’s municipal building surveyor can serve a building notice asking you to show cause, followed by a building order requiring you to alter, fix or remove the work.
Problems also surface later. Consumer Affairs Victoria tells buyers to check the vendor statement and council records for permits on renovations and extensions, and the BPC notes that work without final sign-off may affect insurance and a future sale. If this is you, read our guide to illegal building works in Victoria or see how we help with unapproved building works.
How to get a clear answer in writing
Exemptions turn on details: height, floor area, position on the block and what else is being built. Before you order materials or sign a contract:
- Check your property’s zones and overlays with a free planning property report from VicPlan.
- Sketch the structure with its dimensions, height and distances to the boundaries, the house and the street.
- Ask a registered building surveyor to confirm in writing whether a permit is needed. Council building departments also answer enquiries.
If a permit is required, you can move straight to a building permit quote.
Frequently asked questions
Do I need a building permit for a shed in Victoria?
Not if it is a freestanding, non-masonry shed with a floor area of 10 m² or less, no more than 3 m high (2.4 m within 1 m of a boundary) and no further forward than the front wall of the house. Larger sheds, garages and masonry outbuildings need a permit.
Do I need a permit for a deck that’s close to the ground?
Usually, yes. Victoria has no general height-based exemption for decks, and BPC guidance is that attached and detached decks need a permit. Timber laid directly onto a slab or soil, with no supporting structure, generally isn’t considered a deck.
Does a pergola need a permit if I add a roof later?
Generally, yes. A solid roof means the structure no longer fits the definition of a pergola, so the exemption stops applying. Get the permit before the roof goes on, not after.
Can council tell me whether I need a building permit?
Many council building departments answer enquiries, and a registered building surveyor can review your plans and confirm the position in writing. Check your planning permit position separately.
Not sure whether your project needs a permit? Call JLN on 0422 234 951 or request a free quote, and our building surveyors will give you fast, practical advice for your site.
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.