Do you need a permit for a deck?

A new deck is one of the most popular home improvements in Melbourne, but it's also building work, and building work in Victoria is regulated. Before anyone picks up a saw, it's worth understanding when a deck needs a building permit, whether a planning permit might also apply, and who can tell you for sure.

This guide is general information, not building or legal advice. Rules depend on your property and your design, so always confirm with a registered building surveyor or your council.

The short answer: most decks need a building permit

The Victorian Building Authority (VBA) says that if you want to build or replace a balcony or deck, you must make sure it's designed and constructed legally, and that usually means applying for a building permit and having the deck appropriately designed and documented.

Council guidance gives more detail. For example, Golden Plains Shire's practice note on when a building permit is required lists a deck attached to a building, irrespective of size, or forming part of a swimming pool surround, as needing a permit. Detached decks can be treated differently depending on factors such as height and size, which is why you should check your own situation rather than relying on a neighbour's experience.

Building permits and planning permits are different

People often confuse the two.

• A building permit is about how the deck is built: its structure, safety, siting and compliance with the building regulations and the National Construction Code. Building permits are issued by registered building surveyors, who may work privately or for a council.
• A planning permit is about land use and development under your council's planning scheme. Many decks don't need one, but a planning permit can be triggered by overlays, such as heritage, vegetation or bushfire overlays.

You can check which zones and overlays apply to your property using VicPlan, the Victorian Government's online planning map. If an overlay applies, ask your council's planning department whether your deck needs a planning permit.

Siting rules

Victoria's building regulations include siting provisions about how close structures can be to boundaries, how high they can be and how they affect neighbours, including overlooking. Maroondah City Council's deck, pergola and verandah checklist, for example, notes that a Report and Consent (sometimes called a dispensation) is required when a proposed structure doesn't meet the siting provisions, and that for a deck or verandah this may be needed when construction is within 1.2 metres of a side boundary or 5 metres of a rear boundary. Requirements vary, so ask your building surveyor.

Raised decks deserve particular care. A deck high off the ground can look straight into a neighbour's yard or windows, and overlooking rules may require screening.

Who to talk to

1. A registered building surveyor. They can tell you whether a permit is needed, what documents they'll need and what inspections will happen. You can appoint a private surveyor or use your council's.
2. Your council. Ask about planning permits, overlays and any local requirements.
3. A designer or structural engineer. The VBA notes that a structural engineer can make sure a deck's design meets building codes and that, if the deck is fixed to a building, the building can support the loads.
4. Your builder. A registered builder will be familiar with the permit process. See choosing a deck builder.

What a permit application usually involves

Every surveyor has their own process, but council checklists such as Maroondah's show the kind of documents often needed:

• an application form and payment of fees;
• a site plan showing boundaries, existing buildings and the proposed deck;
• construction drawings, including footings, framing, decking and balustrades;
• structural details or engineering computations where needed;
• details of the builder, including registration and, where required, insurance;
• any planning permit or Report and Consent that applies.

During construction, the surveyor will usually require inspections at certain stages, such as footings and framing, before the final inspection.

Builders, contracts and insurance

The permit is only part of the picture. Consumer Affairs Victoria says a builder must be registered and use a major domestic building contract if the work costs more than $10,000, and explains the insurance requirements that apply above certain contract values. See quotes and contracts.

Owner-builders

If you plan to build the deck yourself, you still need a permit where one is required. Maroondah's checklist notes that an owner-builder certificate of consent is required where the value of the building work exceeds $16,000 and the owner hasn't appointed a registered builder. Check the current requirements with the Building and Plumbing Commission before you start.

Penalties

Consumer Affairs Victoria warns that if your project requires a building permit, there are fines for your builder if they carry out the work without one, and you can also face fines if you permit your builder to do the work without a permit. An unpermitted deck can also cause problems when you sell or insure your home.

Questions to ask your building surveyor

• Does my deck need a building permit, and what documents do you need?
• Are there siting, overlooking or boundary issues with my design?
• Will I need a Report and Consent from council?
• Do any planning overlays apply to my property?
• What inspections will you require, and at what stages?
• Is my property in a designated bushfire prone area, and does that affect the deck?
• What will I receive at the end of the job?

A good surveyor will explain the process and what they need from you and your builder.

Talking to your neighbours

A new deck can affect the people next door, especially if it's raised, close to a boundary or near their windows. Talking to neighbours early can avoid disputes later. Explain what you're planning, show them the drawings and listen to concerns about privacy, noise or shade. If your design needs a Report and Consent from council because it doesn't meet siting provisions, adjoining owners may be asked for comment. Screens and planting can often address privacy concerns. Let neighbours know when construction will start and how long it will take.

Keep a deck file

Keep a simple folder, paper or digital, for your deck. Include the building permit and inspection records, plans and engineering details, the contract and any variations, product names and colours for boards and coatings, warranty documents and receipts. Add photos taken during construction, especially of the frame and footings before they're covered. This file is invaluable when you need repairs, make a warranty claim, sell your home or resolve a dispute, and it saves the next owner a lot of guesswork.

Before work starts: a quick checklist

• Do I have the building permit (and any planning permit or Report and Consent)?
• Have I checked the builder's registration and insurance?
• Is the contract signed, with the full scope, price, payment stages and timing?
• Have underground services been checked with Before You Dig Australia?
• Do the neighbours know when work will start?
• Is there safe access and somewhere to store materials?
• Do I know which inspections are required and when?

Our deck calculator can help you sense-check quantities in the quote.

Key points

• The VBA says building or replacing a deck usually means applying for a building permit.
• Building permits come from registered building surveyors; planning permits come from council.
• Check overlays on VicPlan and siting rules with your surveyor.
• A structural engineer can check the design, especially if the deck is attached to the house.
• Building without a required permit can lead to fines for builders and owners.