Introduction to Planning and Building Permits

Navigating Australia’s property development regulations can be one of the trickiest parts of a development project - particularly when it comes to permits. Whether you’re subdividing, building townhouses, or developing a mixed-use site, understanding planning and building approvals is essential for keeping your project on time, compliant, and financially viable.

While details and processes differ between states and territories, the same basic principle applies: you’ll generally need a planning permit to approve the use or development of land, and a building permit to certify that construction complies with all relevant safety and structural standards. Each serves a distinct purpose, and knowing the difference is crucial for developers, builders, and property professionals.

Overview of Planning Permits

Planning permission is the first step in the development process. It is formal approval from your local council, or equivalent authority, to use or develop land in a specific way. It ensures your project aligns with the local planning scheme or environmental plan, taking into account factors such as zoning, neighbourhood character, traffic, and environmental impact.

Overview of Building permits

Once planning approval is secured, you’ll need a building permit to begin construction. This confirms your plans comply with the National Construction Code (NCC) and relevant state building regulations. Building permits are issued by a registered building surveyor or certifier, who also carries out mandatory inspections at key stages.

Distinctions Between Planning and Building Permits

Knowing the difference between planning and building permits is essential for keeping your project on track and avoiding costly mistakes.

• Purpose: Planning permits deal with what you can build and where, covering the land use, type of development, and how it fits with local planning rules. Building permits focus on how you build it, ensuring the construction is safe, structurally sound, and compliant with the National Construction Code (NCC) and relevant state regulations.
• Regulatory oversight: Planning permits are issued and overseen by local councils or the relevant authority. Building permits are managed by registered building surveyors or certifiers under state building legislation.

The Planning Permit Process

Although councils have different procedures, the process generally involves:

1. Pre-application advice: Discuss your proposal with the council or a town planner to identify potential issues early.
2. Application lodgement: Submit detailed site and development plans, along with supporting reports such as environmental or traffic assessments.
3. Public notification: Neighbours may be notified and given the opportunity to object.
4. Assessment and decision: The council assesses your proposal against the planning scheme and relevant policies before issuing a decision.

Timeframes can vary from around six weeks for straightforward proposals to several months for complex or contested developments.

The Building Permit Process

After planning approval, you can apply for a building permit through a registered surveyor or certifier.

Pre-Permit Steps:

1. Appoint a Registered Building Surveyor: Engage a qualified surveyor or certifier to guide the application.
2. Prepare and Submit Documentation: Provide detailed plans, surveys, reports and any other required documents to the surveyor. 
3. Assessment and Approval: The surveyor ensures the application complies with the NCC and relevant building regulations.
4. Permit Issued: Once approved, the building permit allows construction to commence.

Post-Permit Steps:

1. Commence Construction: Begin work in line with the approved permit and plans.
2. Periodic Inspections: The surveyor conducts inspections at key stages, such as foundations, framing, and completion.
3. Final Compliance Check: After construction, the building surveyor conducts a final inspection to confirm the project meets all regulatory requirements, before an Occupancy Permit or Certificate of Final Inspection is issued.

Compliance and Regulatory Standards

Staying compliant with planning and building regulations is key to keeping your project on track and protecting your investment. Ignoring requirements or rushing approvals can cause delays, trigger stop-work orders, or create expensive remedial work. Regular inspections at critical stages will ensure your project meets the National Construction Code and relevant local building standards.

Local Variability

Regulations can differ between councils and regions. Developers should research local planning and building requirements and confirm details with the relevant authority. Tools like council websites, planning scheme documents, or advice from town planners and building surveyors can make this process much smoother and reduce the risk of surprises.

Fees and Costs Associated with Permits

Permit fees vary by council and project type, but as a guide:

• Planning permits: Generally calculated based on project size or nature. Simple residential applications cost less than large commercial developments.
• Building permits: Fees depend on construction cost and complexity and may include inspection or compliance charges.

Additional costs may include public notice fees, consultant reports, or referral authority charges for roads, water, or environmental assessments. Factor in lead time for approvals, as timeframes can be affected by council workload, public objections, or incomplete documentation.

Amendments to Permits

Changes can arise during a development project, and any modifications to approved plans must be formally communicated to the relevant council. Depending on the nature of the change, a revised application or additional approvals may be required to maintain compliance and avoid delays or penalties.

Common Pitfalls and How to Avoid Them

Even experienced developers encounter delays and compliance challenges. The most common issues include: 

• Starting work without permits: Can result in stop-work orders, fines, and remedial costs.
• Incomplete documentation: Missing reports or inconsistent drawings cause assessment delays.
• Ignoring overlays or restrictions: Heritage, flood, or bushfire overlays may affect what’s allowed.
• Underestimating timeframes: Council processing and public notification can take longer than expected.

Tip: Engage qualified professionals early, such as town planners, surveyors, architects, and engineers, to streamline approvals and reduce risk.

The Bottom Line

Planning and building permits are essential steps in any property development project. Understanding the distinction, application processes, compliance standards, and associated costs ensures your project stays on track, on budget, and fully compliant.

Disclaimer:

The information provided in this article is for general informational purposes only and does not constitute financial, legal, or professional advice. While every effort has been made to ensure the accuracy of the content at the time of publication, it should not be relied upon as a substitute for advice from qualified financial advisors, mortgage brokers, or legal professionals.

Commercial property financing in Australia involves complex legal and financial considerations that vary based on individual circumstances and lender requirements. Readers are strongly encouraged to seek independent, personalised advice before making any financial, legal, or investment decisions.

The author and publisher accept no liability for any loss or damage arising from reliance on the information contained in this article.