What is the difference between a Town Planning Permit and Building Permit?

People often confused by the difference between a Town Planning Permit and Building Permit. They are different as different laws and regulations control them.
To carry out a building work, one may need a Planning Permit, Building Permit or both depending on the proposed development or land use.

Town Planning Permit

A town planning permit is a legal document issued by the local council giving approval for a land use or development.

The land use or development could vary from addition and alteration to a residence, major building work or removing vegetation from a property, to getting a liquor license or running a business from home.

The local council refers to the Planning and Environment Act 1987 and their local planning scheme when they make planning decisions. Planners are only concern about the effect your project will have on the environment and everyday life. They make the decision based on the impact a new building or land use will have on the neighbourhood, neighbours and its municipality.

It is important to have a pre-application meeting with the council as one can find out if the council is in favour or against the development. As Architect, we represent our client during the meeting to present the project and negotiate with the council in favour of the client’s best interest. We then proceed to prepare documents which are required for the permit application.

If a Planning Permit is required, one must obtain it before a Building Permit can be issued. A Planning Permit does not remove the need to obtain a Building Permit.

Building Permit

A building permit which is issued by an independent and private Building Surveyor, relates specifically to the carrying out of building construction.

Under the Building Act 1993 and Building Regulations 2006, all proposed work is subject to the issuing of a Building Permit, unless an exemption exists for the building work which includes some minor demolitions, alterations and maintenance or repair work.

Building surveyors are only concern about the structure safety and health and amenity issue of the building and if the building work complies with the regulations. A Building Permit must be consistent with requirements of the Town Planning Permit.

To expedite the Building Permit application, as Architect, we prepare an extensive set of working drawings with clear specifications and details. This set of drawings can also be sent out to builders for quotations.

Rule of thumb

To avoid some pitfalls, it is best for one to contact the local council or an Architect to find out if one require a town planning permit, building permit or both for their project.

Howard Siow
Graduate
M.Arch (MELB) Hons, RAIA
BY Projects Architecture

23/01/2017

Testimonials

Jordan Hughes
23:36 01 May 25
Barbara Oh
08:27 11 Jul 24
I highly recommmend the team at BY Architecture.

Barbara, Howard and the team designed a wonderful extension to my late 1960s Melbourne home, ran the tender process to find me a builder, and superintended the build contract.

The design process that Barbara took me through was comprehensive, well-considered and highly collaborative, and the resulting extension and renovation was incredibly well-tailored to my specific needs and desires.

The tender process was similarly well-run, and we ended up choosing a builder that Barbara had worked with many times before and recommended. The recommendation was a great one and the entire build ran very smoothly, with the many quirks arising in a typical renovation being dealt with intelligently and with no fuss.

During the entire time I worked with them, Barbara and her team went over-and-above to keep me happy. As a result of their attention to detail and their focus on customer service, they ensured that what can often be a stressful time was actually a pleasure. I cannot thank them enough and would work with them again in a heartbeat.
thir carc
12:44 17 Jun 24
Barbara is very friendly and easy to work with. Thank you for the great advices.
Response from the owner 23:14 17 Jun 24
thank you Arik. Happy to be helpful
Emily Campbell
02:59 31 May 24
Barbara and the BY Projects team were fantastic to work with for our knockdown-rebuild. We had no idea what we were doing or getting ourselves in for, and through every stage of the process Barbara explained everything and was supportive and transparent.
She drew plans for a beautiful house for us which fulfilled everything we wanted while adding such flair and style that we never could have imagined ourselves.
I was so glad to have her and her team on my side throughout the build process, as we would have struggled to advocate for ourselves (or even notice) mistakes or defects by the builder.
Overall, we just couldn’t be happier with the final result.
Response from the owner 06:53 31 May 24
Thank you for your enthusiasm Emily. And thank you for trusting us with your dream Home. It's been a pleasure working with you and your family, and we trust you will enjoy your home for the years to come.
Jennifer Hauptman
03:43 04 Feb 24
Koray Yazgan
03:49 13 Mar 21
We recently had the pleasure of carrying out a renovation for Barbara and BY Projects Architecture.
The project ran very smoothly from receiving the plans, to handover day.
Barbara pays very close attention to detail and takes great pride in her work.
We look forward to working with BY again on future projects.
Response from the owner 22:11 30 Mar 21
Thank you Koray. It was a pleasure working with AMCON Homes, we look forward to working with you again in the future.
Janardhan S
05:35 15 Feb 21
Barbara provided excellent professional advice regarding Town planning and approval process by the Council. She went out of her way to find the right information and help me. Will surely use their services again when necessary.
I would highly recommend them.
Response from the owner 01:37 16 Feb 21
Thank you Jarardhan. We do hope you find a more suitable site soon to build your dream homeBarbara
Sophie Banfield
13:34 29 Apr 20
We were in a very difficult position after a VCAT rejection. Barbara came into our project and reimagined what was possible with our property. Going from a house with three shops with significantly reduced value to a development with two town houses, a cafe and all able to be subdivided into three separate properties. Barbara was positive, enthusiastic, charming at planning meeting and all in all kept us positive and hopeful. Barbara went through the whole process with us and I would say went above and beyond what would generally be expected. She worked well with our development team, working out strategies for planning challenges. We are very thankful for her time and energy.
Mark Shannon
23:46 24 Aug 19
We engaged Barbara and her team many times over many years for our Building Development Projects, including Multi Residential, Child Care and Mixed Use. Most recently for a couple of houses in Port Melbourne with complex Heritage Overlay requirements.

Barbara worked with us closely to ensure all design requirements were achieved to exceed market expectations. All permit requirements were managed in a professional and timely manner, and all processes were met on time and on budget.

The finished buildings were outstanding and the realized sales well above market expectations.

We highly recommend BY Projects Architecture for their Design sense and construction experience.
Virginia Jackson
05:25 24 May 19
I have worked with Barbara and the team at BY Projects on a number of projects now. Its hard to think how you could get better value for money. They are great architects - that goes without saying. But its the extra mile they go to on your behalf in order to secure the very best for you that makes all the difference. I wouldn't hesitate to recommend them for your next project.
Response from the owner 06:02 24 May 19
Thank you Virginia for your kind words. It is always a pleasure working with you.

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