Building permits

Slats of the roof of a house

A building permit must be granted before starting any building works unless the work is exempt under Part 18 and Schedule 8 of the Building Regulations 2018. 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 might also need a planning permit for your proposed building work (this may include the erection of fences, flagpoles, carports or sheds and the removal or lopping of trees). For more details on the planning process and the permit requirements, read our 'Lodge a planning application' page or contact Council's Town Planning team.

Who can issue a building permit?

The Borough of Queenscliffe does not offer a building permit and inspection service, so you should contact a private building surveyor for advice before undertaking any building works. However, if you are in a designated flood prone area, your building surveyor will apply to Council's Municipal Building Surveyor for consent. The Municipal Building Surveyor will usually specify a floor level for the development.

For details on a property in relation to building permits issued, notices and orders, designated flood areas, inspections and reports, please complete a property enquiry application form.

What documents might I need?

There are a few different types of certificates and agreements that you may need to apply for when you're buying or selling a property, or undertaking building works on your property.

Building certificate

A building certificate provides you with information about your property, such as:

  • Building permits issued in the last 10 years
  • Any orders or certificates issued on the property
  • Flood and termite information
  • Inspection dates for specific building works completed in the last 10 years.

You can apply for a building certificate if you:

  • Are the owner of the land where the building is located
  • Have permission from the owner of the land
  • Are purchasing the property and have entered into a contract
  • Work for a public authority and have notified the land owner of your intention to apply.

Types of certificates

Regulation 51(1)

  • Details of any building permits issued in the preceding 10 years
  • Details of any current notice, order or certificate issued under the Building Regulations.

Regulation 51(2)

  • Information on whether the property is in an area which is liable to flooding within the meaning of Regulation 802
  • Designated under Regulation 803 as an area which buildings are likely to be subject to infestation by termites
  • A designated bush fire prone area determined under Regulation 804
  • An area determined under Regulation 805 to be likely to be subject to significant snowfalls
  • Designated land within the meaning of Regulation 806 to be subject to overland drainage

Regulation 51(3)

  • Mandatory inspection dates and results for building works related to any building permit issued in the preceding 10 years (information only supplied if requested by owner or authorised in writing by owner).

How do I apply?

Complete a property enquiry application form(PDF, 434KB).

Land information certificate

A Land Information Certificate contains:

  • Address details
  • Property valuation details
  • Rate charges (including arrears/interest if applicable)
  • Other charges or conditions.

How do I apply?

Complete a property enquiry application form(PDF, 434KB).

Note: if you are selling a property and have engaged a solicitor or conveyancer, they will usually apply for and obtain the certificate for you. Check with them before you apply.

For further information, contact Council’s Customer Service Officers.

Section 173 agreement

A Section 173 Agreement is a legal contract made between Council and another party, usually the property owner, under Section 173 of the Planning and Environment Act 1987 (Vic). The agreement specifies what can or cannot be done on the land. For example the agreement may state no development or subdivision is allowed on the land, vegetation on the land must be protected or maintained, or that a facility on the land must be maintained. This agreement is registered on the title and stays with the land even if the ownership of the land changes.

A planning permit might include conditions relating to a Section 173 Agreement.

Preparing an agreement

Section 173 Agreements must be prepared by a legal practitioner at the owners expense. It is at the discretion of the owner to engage someone to prepare the Agreement. Council has engaged Harwood Andrews to check Agreements and to register Agreements on Title.

A checking/review fee will be incurred if the Agreement is drawn up by a firm other than Harwood Andrews.

You may choose to use Harwood Andrews to draw up the Agreement and avoid the checking fee. For more information contact Clare McKenna by email at CMcKenna@ha.legal, by phone on 5226 8533, or through their online portal at www.harwoodandrews.com.au/173