Answering: Planning permit, building permit, or VicSmart: what does a Melbourne heritage renovation need?
Estimated reading time: 9 min read
Most heritage-home renovations in Melbourne need two approvals, not one: a planning permit from your council, because the property sits in a Heritage Overlay, and a building permit under the Building Act 1993 for the construction itself. The planning permit almost always has to come first. A narrow set of minor works can take the faster VicSmart pathway, which councils must decide within 10 business days, while a standard application runs on a 60-day statutory clock. Based on BY Projects Architecture’s experience navigating more than 200 permit applications across councils including Port Phillip, Stonnington, Boroondara and Bayside, knowing which approval applies, and in what order, is what keeps a project moving instead of stalling.
You have bought a home with real character, and now the language of permits feels like a second renovation in its own right. Heritage Overlay, contributory, VicSmart, building surveyor: it is a lot to hold when all you wanted was a considered home to live in.
The reality is that the answer depends on your specific property. Whether your home is individually significant or simply contributory, whether it sits on the Victorian Heritage Register or only in a local overlay, and how substantial your plans are, all change which permits you need and how long they take.
This is the part of a project we work through with you before the first line is drawn, so the path is clear and the budget is real. Here is how the approvals fit together.
Key Insights
- A planning permit (from your council) and a building permit (under the Building Act 1993) are different approvals, and most heritage renovations need both.
- The planning permit must be obtained before the building permit can be issued.
- A standard heritage planning application runs on a 60-day statutory clock; VicSmart is a 10-business-day fast track for a narrow set of minor works only.
- How your property is listed, contributory or individually significant, in an overlay or on the state Register, decides what you can build and who assesses it.
| Factor | Planning Permit | Building Permit | VicSmart |
|---|---|---|---|
| What it controls | Permission to change a heritage property | Construction compliance | Fast track for minor, eligible works |
| Who issues it | Your local council | A registered building surveyor | Your local council |
| When it is required | Heritage Overlay external changes, demolition, new build | Almost all building work (Building Act 1993) | Only listed minor-works classes |
| Statutory timeframe | 60 days (often longer in practice) | After the planning permit | 10 business days |
| Third-party objections? | Usually yes, with VCAT review rights | No | No notice or review |
| Substantial heritage reno? | Yes | Yes | Almost never eligible |
Keep reading for full details below.
Table of Contents
- Planning Permit vs Building Permit: What Each One Controls
- Why a Heritage Listing Changes the Answer
- How a Heritage Planning Permit Is Actually Assessed
- When VicSmart Can Speed Things Up, and When It Can’t
Planning Permit vs Building Permit: What Each One Controls
A planning permit and a building permit do two different jobs, and most heritage renovations need both.
A planning permit gives permission to develop or use land in a particular way. The Victorian Building Authority describes it as the approval you may need for a new home, extension or renovation, with your local council responsible for issuing it. For a heritage property, the planning permit is where the heritage question is actually decided: whether the proposed changes suit the building, its fabric and its streetscape. This is the approval that engages the Heritage Overlay, and it is assessed against the planning scheme rather than the building code.
A building permit is a different instrument. Under the Building Act 1993 and the Building Regulations 2018, all building work requires a building permit unless an exemption applies. It certifies that the construction meets the building code, covering structure, fire safety, energy efficiency and the like, and it is issued by a registered building surveyor, not the council planning department.
The order matters:
- The planning permit is assessed first, by your council.
- A building permit cannot be issued until any required planning permit is in place.
- Start the construction documentation too early and you can pay twice for drawings the heritage assessment later forces you to change.
This is where full-cycle architectural oversight earns its place. Across 35-plus years and more than 200 permit applications, our role is to resolve the heritage and planning questions first, so the construction documentation rests on an approval you can rely on, not a hope. A design that has cleared the planning permit cleanly is also far simpler for your building surveyor to certify.
Why a Heritage Listing Changes the Answer
Before you can know which permit you need, you need to know how your property is actually protected, because Victoria runs three separate systems.
Heritage Victoria lets you check any address against three possibilities: the Victorian Heritage Register, the Victorian Heritage Inventory, or a Heritage Overlay in the local planning scheme. They are not the same:
- A Heritage Overlay is administered by your council. It means you generally need a planning permit for external changes, demolition and new construction.
- The Victorian Heritage Register is a state-level listing. Works there require a separate heritage permit under the Heritage Act 2017, assessed by Heritage Victoria rather than the council.
- The Victorian Heritage Inventory records archaeological sites and carries its own consent requirements.
Within a Heritage Overlay, the next question is whether your building is contributory or individually significant, and the difference shapes your whole project. A contributory building matters because it supports the character of a heritage precinct, so assessment leans on how your changes read in the streetscape, and there is often real scope at the rear. An individually significant building is valued in its own right, so the original fabric and principal elevations are protected more tightly, and a sympathetic, well-argued design becomes essential.
The distinction is not academic. A Toorak or Brighton home on the state Register follows a more involved path than a contributory home in a council overlay, and confusing the two is one of the most common reasons a confident owner loses months.
Our practice has navigated 59 heritage approvals across more than ten Victorian councils. That record is built on reading each property’s listing correctly at the outset, then designing to the constraint rather than against it.
How a Heritage Planning Permit Is Actually Assessed
For anything beyond the minor works VicSmart covers, your renovation follows the standard planning permit path, and it helps to know what that involves before you lodge.
Victoria gives the responsible authority, your council, a statutory 60 days to decide a standard application. In practice a heritage application often runs longer, because the council can request further information or refer the proposal to its heritage advisor, and those steps pause the clock. For most substantial period-home projects, several months is a realistic expectation rather than the bare 60 days.
A standard application is also usually advertised. The council gives notice to adjoining owners and occupiers, who may lodge objections, and heritage applications are rarely exempt from this step. After notice and any referrals, the council reaches one of three outcomes:
- A permit, granting the works, sometimes with conditions.
- A notice of decision to grant a permit, where objections have been received.
- A notice of refusal.
If a permit is refused, or the conditions are unworkable, the applicant can seek review at the Victorian Civil and Administrative Tribunal, and in many cases objectors have review rights too. VCAT is a legitimate path, but it adds time and cost, so the better strategy is to answer the heritage and neighbour concerns inside the design, before they become objections.
That is precisely where 200-plus permit applications of experience pays for itself. Much of our work is anticipating what a heritage advisor or an adjoining owner will raise, and resolving it on the drawing board, so the application is decided cleanly rather than dragged to the Tribunal.
When VicSmart Can Speed Things Up, and When It Can’t
VicSmart is the fast lane in Victoria’s planning system. It is genuinely useful, but only for a defined set of minor works.
When an application qualifies, the council must decide it within 10 business days, and the VicSmart process gives no third-party notice or review rights, which removes a major source of delay. The catch is eligibility. In a Heritage Overlay, VicSmart covers specific classes only:
- External alterations to a non-contributory building.
- Demolishing or removing an outbuilding or fence not identified in the overlay schedule.
- External painting, a new fence, a carport or shed, domestic services, or a swimming pool, each with its own criteria.
Read that list again and the limit becomes clear. A substantial renovation of a contributory or individually significant period home, the kind of $1 million to $2 million project most of our clients are planning, almost never fits a VicSmart class. The works are simply too significant, and they touch exactly the fabric the overlay protects.
Where VicSmart does help is at the edges of a larger project, or for early enabling works such as a pool or a rear shed that meets the criteria. Part of what we do in a feasibility session is map your plans against the eligible classes honestly, so you know on day one which pathway your project is really on, rather than discovering it after a refusal.
Closing
Heritage renovation in Melbourne is rarely about a single permit. It is about reading the Heritage Overlay, the Register and the building regulations correctly, then sequencing the approvals so the work flows: planning first, building second, with VicSmart reserved for the narrow works that genuinely qualify. For a deeper look, visit our process page to see how we approach the planning and heritage stage before design begins.
Frequently Asked Questions
Q: Do I always need a planning permit to renovate a heritage home in Melbourne?
A: In almost all cases, yes. If your property is in a Heritage Overlay, you generally need a planning permit from your council for external changes, demolition and new construction, plus a building permit for the construction itself. Some minor, eligible works may qualify for the faster VicSmart process, but a substantial period-home renovation does not. The first step is to confirm exactly how your property is listed.
Q: Can an architect handle the heritage permit process for me?
A: Yes. A registered architect can prepare the heritage response, design to the overlay’s requirements, lodge the planning application and coordinate the building permit through a building surveyor. Across more than 200 permit applications, our role is to carry the technical and council side so you are not navigating Heritage Victoria, your council and a building surveyor on your own. Full-cycle oversight is particularly valuable on contributory or Register-listed homes.
Q: How long does a heritage planning permit take compared with VicSmart?
A: A VicSmart application must be decided by the council within 10 business days, but it applies only to a narrow set of minor works. A standard planning permit runs on a 60-day statutory clock and, for a substantial heritage renovation, usually takes several months in practice, because it involves notice to neighbours, possible objections and, often, a heritage referral. Realistic timelines depend on your council and the significance of your home, which is why we map them early.
Q: What is the first step before lodging a heritage application?
A: Confirm how your property is protected. Check whether it is on the Victorian Heritage Register, the Victorian Heritage Inventory or in a local Heritage Overlay, and whether the building is contributory or individually significant. That single answer shapes which permits you need, who assesses them and how long they take. We start every heritage project here, with an honest read of the constraints before any design work begins.
Want to Learn More?
With more than 35 years designing within Melbourne’s heritage suburbs, BY Projects Architecture treats the permit pathway as part of the design, not a hurdle bolted on at the end. The clearer the constraints at the start, the better the home at the finish.
Citations
- “Planning and building permits” — Victorian Building Authority. Confirms planning permits give permission to develop or use land and are issued by your local council, while building permits are required under the Building Act 1993 for the construction itself. https://www.vba.vic.gov.au/consumers/home-renovation-essentials/permits
- “Buildings and works in a heritage overlay (VicSmart)” — Planning Victoria. Lists the specific minor-works classes eligible for the 10-business-day VicSmart pathway in a Heritage Overlay, such as external alterations to a non-contributory building. https://www.planning.vic.gov.au/guides-and-resources/guides/all-guides/vicsmart-permits/accordion/buildings-and-works-in-a-heritage-overlay
- “Chapter 3: Planning permits” — Planning Victoria. Sets out the standard planning permit process, including the 60-day decision period, notice to affected parties, objections, and review rights at the Victorian Civil and Administrative Tribunal (VCAT). https://www.planning.vic.gov.au/guides-and-resources/guides/guide-to-victorias-planning-system/planning-permits
- “Permits and consents” — Heritage Victoria. Confirms a property may be on the Victorian Heritage Register, the Victorian Heritage Inventory, or affected by a Heritage Overlay, with state-Register works requiring a heritage permit under the Heritage Act 2017. https://www.heritage.vic.gov.au/permits-and-approvals
These are the official Victorian sources that govern heritage renovation: the Building Act 1993 and Building Regulations 2018 for construction, the Victorian planning scheme and VicSmart provisions for planning, and the Heritage Act 2017 for state-listed places.
With 35-plus years and more than 200 permit applications across Melbourne’s councils, our work is to turn a confusing approvals path into a clear, sequenced plan, so your renovation starts on solid ground and your home is built for living, not just for the listing.
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