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                    Construction and development

                    A construction worker working on a Chinatown building
                    Learn about ​Victoria's building permit system, building industry bodies and roles, and related legislation and guidelines.

                    Victoria's building permit system

                    If a planning permit is required, a building permit cannot be issued until the planning permit is first obtained. Building works cannot be commenced until a building permit is issued by a registered building surveyor.

                    We've temporarily changed our construction management parameters. Find out the details.

                    Role of building surveyor, industry bodies and local government

                    Local government

                    The City of Melbourne is responsible for administering and enforcing parts of the Building Act 1993 and the Building Regulations 2018 within the municipality. City of Melbourne has the ability to determine, through the adoption of policies, how it will carry out these functions with regard to competing obligations and limited resources.

                    Who is authorised to issue building permits?

                    Building permits can be issued by City of Melbourne or by a registered private building surveyor. A private building surveyor is a fully independent person not associated with or controlled by City of Melbourne.

                    The building surveyor who issues the building permit (whether private or municipal) is generally responsible for ensuring that the building work complies with the requirements of the Building Act 1993 and the Building Regulations. The building surveyor can engage qualified and registered building inspectors to carry out the building inspections during construction.

                    A municipal building surveyor or a private building surveyor have the power to enforce compliance with the Building Act and Building Regulations.

                    A person who fails to comply with a building order can be prosecuted in the Magistrates' Court. Where a private building surveyor issues a building order that is not complied with, they are required to refer the matter to the Victorian Building Authority

                    Victorian Building Authority

                    The Victorian Building Authority is the peak statutory body in Victoria. It investigates alleged breaches of the Building Act and Building Regulations and the conduct of registered building practitioners (including building surveyors, building inspectors, engineers and builders). It may refer conduct issues to the Building Practitioners Board for a disciplinary inquiry if there is sufficient evidence.

                    Building Practitioners Board

                    The Building Practitioners Board administers the registration system for builders, demolishers, building surveyors, building inspectors, engineers and draftspersons and monitors the conduct and ability to practice of registered building practitioners. The board can issue fines or suspend or cancel a practitioner’s registration.
                    Did you know?
                    A building permit must be obtained for most building work. This ensures the proposed work meets the requirements of the Building Act 1993 and Building Regulations 2018.

                    ​Public protection

                    When you are conducting building work that may be a hazard to the public, you are required to erect protective measures, i.e. hoarding or gantries.

                    Any precautions for public protection within the street/public domain must comply with the building regulations, local laws and WorkSafe requirements.

                    What does the legislation require me to do?

                    Victorian Government legislation, the Building Act 1993 and the Building Regulations 2018, Regulation 116 Protection of the Public stipulate that:

                    • Precautions must be taken before and during building work to protect the safety of the public, if required by the relevant building surveyor.
                    • You must fence or otherwise guard all excavations before and during building work.
                    • You must obtain the consent and report of City of Melbourne for a building permit to erect precautions over the street alignment, unless a local law requires the taking of precautions and the precautions comply with the local law.

                    How do I obtain approval?

                    Before any building permits can be issued, a report and consent (reg. 116) must be issued by the City of Melbourne.

                    When considering any application the following factors will be taken into account:

                    • the nature and duration of the work
                    • any hazards the works may present to road users
                    • the impact of the works on the amenity of the adjoining area
                    • whether an indemnity/guarantee in the required form has been provided
                    • any other matter relevant to the circumstances of the application.

                    Complete and submit the following form:

                    Please note: Local laws permits are required before hoarding or overhead protective measure can be installed on Council land. See Construction local law permits for more information.

                    ​Report and consent

                    The building regulations stipulate that City of Melbourne can have input in proposed building works. City of Melbourne has the authorised power to report on and consent to permit applications which may affect public infrastructure or amenity.

                    Complete and submit the relevant form:

                    Application form downloads

                    Application for report and consent - Protection of the public (reg. 116)
                    Application for report and consent - Protection of the public (reg. 116) PDF 504 KB
                    pdf 504 KB                    The URL provided (/sitecollectiondocuments/report-consent-public-protection-reg-116.doc) is incorrect or file not published. Please provide a valid URL to the downloadable document and a published version.
                    Application for report and consent – Building over easement
                    Application for report and consent – Building over easement PDF 486 KB
                    pdf 486 KB                    The URL provided (/SiteCollectionDocuments/report-consent-easements.doc) is incorrect or file not published. Please provide a valid URL to the downloadable document and a published version.
                    Application for report and consent – Projections and flood prone areas
                    Application for report and consent – Projections and flood prone areas PDF 500 KB
                    pdf 500 KB                    The URL provided (/SiteCollectionDocuments/report-consent-projections-flood-prone-areas.doc) is incorrect or file not published. Please provide a valid URL to the downloadable document and a published version.
                    Application for report and consent – Siting
                    Application for report and consent – Siting PDF 65 KB
                    pdf 65 KB                    The URL provided (/SiteCollectionDocuments/report-consent-siting.doc) is incorrect or file not published. Please provide a valid URL to the downloadable document and a published version.
                    ​
                    ​Report and consent – Stormwater drainage ​Apply online 

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