Building a new house

This guide is for building a single dwelling (house) on a lot.

You may need a Planning Permit to build a house. You need a Building Permit before you start construction and an Occupancy Permit before you move in.

If you plan to knock down an existing building to build a new house, use our demolition guide to find out if you need any permits for the works.

How to use this guide

To help you work out which permits you need, start at Step 1 and answer the questions one at a time.

If you need help at any step, email [email protected] or call (03) 9278 4888 and ask for our:

Statutory Planning team for help with planning or Planning Permits.
Building Services team for help with building or Building Permits.

Step 1 – Check for any restrictions

Check for easements

An easement is an area of land on your property that councils and other authorities are allowed to access. When an easement is obstructed, it can prevent important maintenance work and block the flow of stormwater.

Check your Certificate of Title for any easements. If you don’t have this document, get a copy from the Landata website for a small fee.

If there are any easements on your property and your plans will block or cover the easement, you may need to submit an application to build over an easement.

Check for special restrictions

Some properties have special restrictions under the Boroondara Planning Scheme.

To check if your property is listed, visit the Department of Transport and Planning website’s Schedule to Clause 51.01 Specific Sites and Exclusions.

If your property is listed, contact our Statutory Planning team to find out what special restrictions and exemptions apply.

Check for restrictive covenants

Check whether any restrictive covenants impact your property. They may restrict what material you can build your house with.

To find out if your property is affected by a restrictive covenant, check the Certificate of Title.

Does your property have any restrictions?

If yes, check that your plans comply with any requirements, then go to the next step.
If no, go to the next step.

Step 2 – Check your property zone

Create a Planning Property Report on the VicPlan website by entering your property’s address.

This will give you the zone of your property.

You are not allowed to build a house in the following zones:

Commercial 2 or Urban Floodway Zone
Special Use Zone Schedule 1, unless the house is associated with an education centre
Special Use Zone Schedule 2, unless it’s a caretaker’s house. You will need a Planning Permit to build a caretaker’s house.

Is your property in any of these zones?

If yes, you cannot go ahead with your building project (unless it’s one of the exceptions listed above).
If no, go to the next step.

Step 3 – Check if you need a Planning Permit

Check your property zone

Check the property zone in the Planning Property Report that you created in step 2.

You need a Planning Permit if:

Your property is in a Commercial 1 Zone Schedule 1 or Priority Development Zone.
Your property is in a General Residential Zone Schedule 1, Residential Growth Zone Schedule 1 or Neighbourhood Residential Zone Schedule 3, and the land size is less than 300 m².

Check for overlays

Check for any overlays (restrictions) in the Planning Property Report.

You need a Planning Permit if your property has any of these overlays:

Heritage Overlay
Special Building Overlay
Significant Landscape Overlay and the height of the house will be more than 6 m above natural ground level
Land Subject to Inundation Overlay
Public Acquisition Overlay
Environmental Significance Overlay Schedule 2
Development Plan Overlay Schedule 1, 2 or 3
Design and Development Overlay Schedule 1, 6, 7, 12, 14, 15, 16, 17, 19, 23 or 31.

Do you need a Planning Permit?

If yes, apply for a Planning Permit then go to the next step. Find out if your project is eligible for a VicSmart Planning Permit.
If no, go to the next step.

Step 4 – Apply for a Building Permit

You always need a Building Permit to build a new house. Apply for a Building Permit.

Note that if you are using a Private Building Surveyor to issue a Building Permit, you may need specific property reports. For example property information and building ownership details.

You also need Report and Consent in the following situations:

Your building plans do not comply with the siting matters of the Victorian Building Regulations 2018. For example setback from property boundaries, building height, front fence height, and overlooking. Find out more about siting matters for Report and Consent.
Your building plans will affect community assets, infrastructure or amenity (non-siting matters of the Building Regulations), such as building on flood prone land.

Find out more about Report and Consent, or contact our Building Services team if you are not sure whether you need it.

You can apply for a Building Permit while other permit applications are being processed.

Step 5 – Check if you need any other permits

Depending on your situation, you may need other permits.

If you need to:

remove, prune or do works within 2 m of a canopy or significant tree, apply for a Tree Works Permit
store equipment on a road, footpath or nature strip, apply for a Road or Footpath Occupancy Permit.

If your works could impact:

driveway access to your property, apply for a Vehicle Crossing Permit
public assets, such as a road, footpath or nature strip, apply for an Asset Protection Permit.

You can start construction:

after all your permits have been issued
if you do not need permits.

Before the final inspection happens and you move in, you need to apply for an Occupancy Permit.

You can move in after:

the final inspection has been approved
the Occupancy Permit has been issued.