What you need to know
A building permit is generally required for all forms of building work and we are here to provide you with the information you need.
Do I need a building permit?
A building permit is generally required for all forms of building work. Please refer to practice note When is a building permit required for common types of building works. If you are unsure, please contact the Building Department for further assistance.
Request for Ownership Details: Fencing Purposes
Register swimming pool and spa
Having a building permit ensures that:
- the building contractors are registered and they carry the required insurance
- adequate documentation is prepared to construct your building or alteration
- independent review of building documentation occurs
- key stages of the work are independently inspected
- your building is independently assessed as suitable for occupation.
Note: although a building permit may not be required for some minor work, the owner of a building or land must still comply with building regulations.
You may also need a planning permit for your proposed building work (including fences, antennas, masts, carports, garages and the removal of vegetation).
Who can issue a building permit?
Councils and private building surveyors can issue building permits, undertake inspections and issue occupancy permits/certificates of final inspections.
How do I get a building permit?
You can apply for a building permit from:
- Council - please contact our Building Department for the building permit application fee. Remember to have the ‘estimated cost of building works’ handy, for an accurate fee proposal.
- a private building surveyor of your choice.
How to apply for a building permit from Council
If you wish to appoint Council (Moonee Valley City Council) to assess your building permit application, please complete the:
Generally, the following information is required to be submitted with your building permit application however the Building Surveyor will determine what information is relevant specifically to the proposed building works.
Documents may include, though not limited to:
- Architectural drawings drawn to scale showing the site plan, the floor plan, elevations, sections, shadow diagrams, overlooking distances and other details as required by the building surveyor drawn to a professional standard
- Structural drawings, computations and certification prepared by a registered engineer;
- Soil report;
- Building specifications, which can sometimes be included on the drawings depending on the project size
- A complete and current Certificate of Title showing the allotment dimensions and details of any restrictions such as existing covenants, easements or agreements under section 173 of the Planning and Environment Act 1987;
- Details of the legal point of discharge and Council’s stormwater assets;
- Builder’s insurance details where the cost of domestic building work exceeds $16,000.00; or
- Owner builder certificate issued by the Victorian Building Authority (VBA) for domestic building works exceeding $16,000.00. Please refer to the Owner Builder Information & Study Guide (pdf, 2.1MB).
- Other information may include - planning permit, build over easement consents from the relevant authorities, property information certificate, asset protection permit, report and consent applications etc
Applications can be lodged online, by mail or in person.
Online (preferred) - council@mvcc.vic.gov.au
Mail - PO Box 126, Moonee Ponds VIC 3039
In person – Civic Centre, 9 Kellaway Avenue, Moonee Ponds VIC 3039
Helpful information about building
Avoid stormwater pollution at building sites
It is illegal to allow anything other than water to enter the stormwater system.
Both the property owner and the builder must make sure the following do not enter a drain, gutter, ditch, creek, tunnel, bridge, culvert, pit, easement, property, or any watercourse:
- soil
- cement slurry
- silt
- rubbish
- liquids
- other building materials.
Asbestos
If a building permit is required to demolish a building, structure or outbuilding, you will have to find out if asbestos is present in the building before a building permit is granted.
Visit our asbestos page to find the latest information. Asbestos Victoria has guidance, forms and compliance codes.
Road discontinuances
We have the power to discontinue unused roads/rights of way and provide the opportunity for adjoining property owners to purchase the land.
Discontinuance and Sale of Roads and Reserves brochure (pdf, 2MB) explains this in detail.
We encourage you to do some consultation with local property owners and provide evidence of support for any road discontinuance proposal before submitting an application to us.
For further enquiries contact the Commercial Property team on 9243 8888 or property@mvcc.vic.gov.au.
Fire protection in buildings
The Country Fire Authority and the Victorian Building Authority websites have information on the requirements for smoke alarms and other fire protection requirements.
Protection of adjoining property
Protection of adjoining property is required when significant damage could occur to the adjoining property from the proposed building work, and as directed by the relevant Building Surveyor.
Some examples of when protection works may be necessary are:
- where the proposed footing system undermines the adjoining footings
- where overhead access into adjoining property airspace is proposed (eg. overhead cranes)
- where retaining walls or excavation of soil is proposed, at or near the dividing allotment boundary
- where building works are proposed at or near the allotment boundary that could result in significant damage occurring to the adjoining property.
Refer to the Protection Work Process Practice Note (pdf, 634KB) issued by the Victorian Building Authority for more information.
A property owner or the appointed building surveyor can obtain adjoining property owner details by purchasing a Register Search Statement (Title) from Landata – www.landata.vic.gov.au.
This document lists the current registered proprietors and all purchased documents are delivered to the nominated email address.
Alternatively, if the name of the property owner is not known, a notice may be served in accordance with section 236(3) of the Building Act 1993 as follows -
- Section 236 - Service of documents—generally
- (3) If a document is to be served on or given to the owner or occupier of any land and the name of that person is not known the document may be addressed to "the owner" or "the occupier".
Rainwater tanks
Domestic rainwater tanks do not need a building permit if they are smaller than 10m2.
However, installation of the rainwater tank must still comply with building regulations.
If it’s attached to the home, rainwater tanks can be installed no less than 500mm from an allotment boundary.
Freestanding water tanks can be installed next to the property boundary in certain circumstances, provided that the tank’s height, length and location comply with the building regulations.
Rainwater tanks must be connected to a stormwater drain. The tank must have an overflow pipe, which allows the return of excess stormwater into the property drain. Make sure that the drainage from the water tank is not going to be a nuisance for neighbouring properties.
Building Department Fees
Request for Property Information Certificates and Building Information Certificates
Request for building details
Any person may request for us to provide the following information in respect of any building or land:
- Details of any permit or certificate of final inspection issued in the preceding 10 years; and
- Details of current determinations issued under regulation 64 (1) or exemption granted under regulation 231 (2); and
- Details of any current notice or order issued by the relevant building surveyor under these regulations or Act.
Complete the Building Information Certificate Building Reg 51 (1) application.
Request for property information
A Property Information Certificate, may be requested by your relevant Building Surveyor as part of your building permit application.
Any person may request for us to provide the following information in respect of any building or land details as to whether the building or land is in an area:
- that is liable to flooding within the meaning of regulation 51 (2); or
- that is designated under regulation 150 as an area in which buildings are likely to be subject to attack by termites; or
- for which a bushfire attack level has been specified in a planning scheme; or
- that is an area determined under regulation 152 to be likely to be subject to significant snowfalls; or
- designated land; or
- designated works.
Complete the Property Information Certificate Building Reg 51 (2) application.
Request for inspection approval dates
An owner or mortgagee of a building or land, or a prescribed building practitioner reporting on a building under section 137B of the Act, may request council to provide the approved dates of the inspections carried out of the mandatory notification stages of building work carried out on the building or land.
Complete the Inspection Approval Dates Certificate Building Reg 51 (3) application.
Request for copy of construction plans and associated documentation
An owner or mortgagee of a building or land can request for a copy of any documents submitted with an application for a building permit, in respect of the building or land.
Please note:
- Refunds will not be given should requested documents not be available.
- Plans over 10 years are not required by Law to be stored at Council's Archives, however, plans may still be in storage.
- Old plans may not show comprehensive details such as internal stormwater layout or reflect what exists on the property. Owner needs to investigate conditions on-site to confirm.
- Whilst every endeavour will be made by Council to locate the drawings and documentation, no guarantee is given.
Application for Report and Consent – Part 5 (Siting Concession)
All single dwellings, outbuildings and fences (single Class 1 and 10 buildings) within the municipality of Moonee Valley City Council must comply with the requirements of Part 5 (Siting) of the Building Regulations 2018 unless:
- a planning permit is required for the construction of that building; and
- the Moonee Valley Planning Scheme regulates the same matter as that regulation in relation to the siting matter which does not comply.
If a design aspect in relation to a building does not comply with the siting provisions of Part 5 of the Building Regulations 2018, you must apply for an Application for Report and Consent from Council Part 5 Siting (pdf, 125KB) (as directed by the appointed Building Surveyor) concerning any of the following Regulations:
73. Maximum street setback
74. Minimum street setbacks
75. Building height
76. Site coverage
77. Permeability
78. Car parking
79. Side and rear setbacks
80. Walls and carports on boundaries
81. Daylight to existing habitable room windows
82. Solar access to existing north-facing habitable room windows
83. Overshadowing of recreational private open space
84. Overlooking
85. Daylight to habitable room windows
86. Private open space
89. Front fence height
90. Fence setbacks from side and rear boundaries
91. Fences on or within 150 mm of side or rear boundaries
92. Fences on intersecting street alignments
93. Fences must not include barbed wire
94. Fences and daylight to habitable room windows in existing dwelling
95. Fences and solar access to existing north-facing habitable room windows
96. Fences and overshadowing of recreational private open space
97. Masts, poles etc.
Applications can be lodged online, by mail or in person.
Online (preferred) - council@mvcc.vic.gov.au
Mail - PO Box 126, Moonee Ponds VIC 3039
In person – Civic Centre, 9 Kellaway Avenue, Moonee Ponds VIC 3039
Consultation with the relevant adjoining owners
Where a request is made to Council for a siting variation (Application for Report and Consent from Council), the views of the relevant adjoining owners must be considered if Council is of the opinion that the siting dispensations being sought may potentially impact the adjoining allotments.
Applicants are advised to consult with the adjoining owners and seek written comments specific to the siting dispensations being sought. Please refer to Council’s Adjoining Owners Consent Form (pdf, 301KB) and Adjoining Owners Consent Form for fences (pdf, 161KB).
There is no statutory time limit for the adjoining property owners to provide a respond however Council believes 14 days is adequate.
Appealing a decision
The owner of the land has the right to appeal against our decision to the Building Appeals Board within the prescribed appeal period of 30 days.
Siting Approval for Temporary Structures
If you are planning to erect a temporary structure for a specific function then you will need to apply to the Municipal Building Surveyor to obtain a Siting Approval for Temporary Structures (pdf, 116KB). A temporary structure is:
- a stage or platform exceeding 150m2 in floor area;
- a tent, marquee or booth with floor area greater than 100m2;
- a seating stand that accommodates 20 people; or
- a prefabricated building exceeding 100m2 other than ones placed directly on the ground.
Read the Siting Approval - Temporary Structures Information Sheet (PDF, 260KB) for more information.
Report and Consent for Public Protection - Erection of precautions over the street alignment
If the Building Surveyor determines that precautions are required to protect the safety of the public, you must complete an Application for Report and Consent of Council under Regulation 116 of the Building Regulations (pdf, 148KB).
You must complete an application for a road occupancy permit if you plan to occupy Council land. Council land includes laneway, footpath, nature strip, channel, kerbing, and road pavement. Occupancies include the placement of scaffolding, hoardings, cranes and delivery trucks unloading/loading building materials.
Report and Consent for Projections Beyond the Street Alignment
If a design element in relation to a building does not comply with the provisions of Part 6 of the Building Regulations 2018 (Projections beyond the street alignment), you must apply for an Application for Report and Consent from Council Projections beyond Street Alignment (pdf, 128KB) as directed by the appointed Building Surveyor.
The projections beyond the street alignment of a building may include:
- an architectural feature;
- a window;
- a balcony;
- a verandah;
- a sunblind;
- an awning;
- a service pipe;
- a rainwater head;
- a service installation;
- a window shutter;
- a sign or similar Class 10b structure;
- a service cabinet door.
Applications can be lodged online, by mail or in person.
Online (preferred) - council@mvcc.vic.gov.au
Mail - PO Box 126, Moonee Ponds VIC 3039
In person – Civic Centre, 9 Kellaway Avenue, Moonee Ponds VIC 3039
Pools & spas
Private pools and spas are the leading location of drowning deaths in Australia for children under 4 years old.
Royal Life Saving Australia has information on how to ensure your home pool and its surrounds are safe for everyone to enjoy.
Do we need to install a safety barrier?
Under the Building Regulations 2018, suitable safety barriers must be installed to all existing swimming pools and spas capable of containing a depth of water more than 300mm and used principally for swimming, wading, paddling or the like, including a bathing or wading pool or spa.
This includes swimming pools/spas that are in-ground or above-ground, as well as inflatable swimming pools capable of containing a depth of water greater than 300mm.
The building regulations also require the occupier of a property with a swimming pool or spa to take all reasonable steps to make sure the safety barriers are maintained and operating effectively at all times.
Fines
An owner of a pool or spa that does not have the required safety barriers faces an on-the-spot fine and/or prosecution.
Similarly, an occupier of a property with a swimming pool or spa that does not maintain the safety barriers faces an on-the-spot fine and/or prosecution.
New safety laws for pool and spa owners
The Victorian Government introduced new pool and spa safety laws on 1 December 2019.
The goal is to reduce the incidences of young children drowning in private swimming pools and spas. The laws will also focus on improving compliance with safety barrier requirements.
This means all pool and spa owners must:
- register their pools and spas with the local Council
- ensure pool and spa barriers are compliant with safety standards (from the time of its construction)
Register your swimming pool or spa with us online.
Visit the VBA website for more information about the new legislation and other swimming pool and spa requirements.
What is required:
Register your pool or spa
Property owners, including landlords must register their swimming pool or spa with Council.
Register your swimming pool or spa with us online.
After you register, Council will notify you of:
- the date the pool or spa was built
- its applicable barrier construction standard
- the date owners must lodge a Certificate of Compliance with Council
Obtain a Certificate of Barrier Compliance
Property owners must arrange to have their pool and spa barriers inspected by a registered building surveyor or inspector who will assess whether the pool or spa barrier complies with its applicable standard. Property owners must complete this inspection and certification process every four years.
The barrier requirements will vary depending on when the pool or spa was installed. The Certificate of Barrier Compliance must state that the barrier complies with the applicable construction standard and must be lodged with Council within 30 days of the certificate being issued.
Section 80 lodgement for Registered Building Surveyors
As per Section 80 of the Building Act, a private building surveyor who has accepted an appointment is required to notify Council in writing within seven days of accepting that appointment.
Registered Building Surveyors can now lodge their Section 80 notifications online.
Lodge a Section 80 Building Notification online
You can register as a user and sign into Council Online Services before you lodge online. As a registered user, you don't need to re-enter your personal information each time and you can keep track of requests and applications you have lodged.
Read the instructions on how to register your user details (pdf, 500KB).
For more information call 9243 8888.
Section 30 Lodgement and Plans (Private Building Surveyors)
Section 30 lodgement for Registered Building Surveyors
Registered Building Surveyors can now lodge Section 30 Building Permits online together with associated plans and documents.
For more information call 9243 8888.
Fences
Read more in our Boundary Fencing Guidelines.
Dividing fences
Owners are responsible for the construction and maintenance of dividing fences on their land.
Neighbours usually share the cost of a standard fence even though the Fences Act does not state the actual apportionment of cost between neighbours.
Similarly, a neighbour wanting a more expensive fence or a high fence than a standard fence usually pays for the extra amount.
Before building or rebuilding a fence
Discuss your plan with your neighbour and seek their agreement, including who is paying for what, in writing.
What if you cannot agree with your neighbour?
If you cannot agree with your neighbour, you may want to serve them a Notice to Fence.
A Notice to Fence sets out where the fence will go, how the fence will be built and the type and cost of fence. Although not required under the Act, it is usual practice to attach two quotations from fencing contractors with the Notice to Fence.
If you do not hear from your neighbour or if you do not reach agreement after one month of serving the Notice to Fence, call the Dispute Settlement Centre of Victoria on 1300 372 888.
What if the neighbour is a tenant?
Different rules apply if the neighbour is a tenant. If one of the neighbours is a tenant and the lease has less than three years to run, the landlord usually shares the cost of a standard fence provided the tenant notifies the landlord or agent within 14 days of the service of any notice on the tenant. Where the lease has more than three years to run, there is specific provision in the Act for the apportionment of cost between the landlord and the tenant.
What if the fence is damaged by the neglect of the neighbour?
If the fence is damaged through the neglect of an occupier (e.g. by a falling tree or fire or during demolition of building work), the occupier is usually liable to repair the damaged portion of the fence.
I need my neighbour's details so that I can give them a Fencing Notice
If you don’t know the owners of the adjoining property you can request their details from Council for the purposes of serving a Fencing Notice. To request ownership details complete the application: Request for Ownership Details: Fencing Purposes.