Building permit vs planning permit: what's the difference?

Key points

• A building permit is about safety, structure and siting. A planning permit is about land use and neighbourhood character.
• Most verandahs, carports and sheds need a building permit only.
• Overlays such as heritage, character, flood or vegetation controls can add a planning permit.
• If both are needed, planning generally comes first.
• Having one never replaces the other.

Two approvals, two questions

A building permit (called building approval in Queensland) asks: is this structure safe, properly designed and sited according to the building regulations? It covers structure, footings, wind loads, boundary setbacks, fire separation and inspections. It is issued by a building surveyor in Victoria or a building certifier in Queensland.

A planning permit (planning approval or a development approval in Queensland) asks: is this an appropriate use and development for this land and this neighbourhood? It deals with things like heritage, neighbourhood character, vegetation, flooding and how the development looks from the street. It is decided by your council under its planning scheme.

They are separate, and having one doesn't give you the other.

Most outdoor structures need a building permit only

For a typical verandah, carport, shed or patio on a standard residential lot, the building rules already deal with setbacks, height and site coverage. Unless the planning scheme says otherwise for your property, no planning permit is needed.

When a planning permit comes into play

You are more likely to need a planning permit when your property is affected by an overlay or a zone that controls buildings and works. Common examples:

• Heritage Overlay (Victoria) or local heritage and character overlays (Queensland). Structures visible from the street are often controlled. See heritage overlays and outdoor structures.
• Neighbourhood character controls in some suburbs.
• Vegetation protection, where the work would remove or affect significant trees.
• Flood and bushfire overlays, which can trigger planning requirements as well as construction requirements.
• Special building and design overlays in particular areas.

How to check your property

In Victoria, look up your address on VicPlan, the government's planning map. It lists the zone and any overlays. Each overlay is explained in your council's planning scheme on Planning Schemes Online, including whether a permit is needed for buildings and works.

In Queensland, check your council's planning scheme mapping. In Brisbane, that is City Plan online. The scheme states the category of assessment for building work on your lot, which tells you whether planning approval is needed.

We check all of this as part of every application.

The order things happen in

If both are needed, the planning permit generally comes first. The building surveyor or certifier then issues the building permit in line with any planning conditions, such as materials, colours or position. Planning permits often take longer, so it pays to find out early. See how long a building permit takes.

Other approvals that are easy to confuse

• Report and consent (Victoria). Council's consent to vary a building siting rule. It is a building matter, not a planning permit.
• Siting relaxation (Queensland). Council's referral agency assessment when a structure doesn't meet the boundary clearance rules.
• Easement consent. The asset owner's agreement to build over an easement. See can I build over an easement?

A quick example

Take a timber verandah at the back of a house in a Melbourne suburb. With no overlays, it needs a building permit only. Put the same verandah on a house in a Heritage Overlay where it is visible from the street, and it may need a planning permit first, with council considering its design, materials and colours. The structure is identical, but the property's planning controls change the approvals.

The same applies in Queensland, where a carport on a character property can face a different level of assessment from the same carport a few streets away.

How we help

Run the free check to see whether your design is likely to comply with the building rules. When you apply, we check the zones and overlays for your address, tell you whether a planning permit or other approval is needed, and quote it before anything goes ahead.