Understanding the Difference Between a Planning Permit and a Building Permit

If you're planning to build on your property or concerned about development happening next door, understanding the difference between a planning permit and a building permit is crucial. These two permits serve different purposes and are governed by different laws and processes, but both are often necessary for development projects. Let's break it down in simple terms to help you navigate the system effectively.

What is a Planning Permit?

A planning permit is about the use and development of land. It ensures that proposed projects comply with the Planning and Environment Act 1987 and the local planning scheme, which is a set of rules and policies specific to your area. A planning scheme incorporates both state laws and local council policies, outlining what can and cannot be done with land in different zones.

For example, a planning permit might address whether you can subdivide your property, build a multi-story home in a residential area, or add a commercial building to your land. Importantly, a planning permit often considers how a project will impact the neighbourhood, including things like traffic, amenity, heritage, and environmental considerations.

Crucially, understanding the local planning scheme is fundamental to success. The scheme determines what is allowed in a specific zone, overlay, or area. Without a clear grasp of the planning scheme, it is almost impossible to get approval for your development or effectively challenge a neighbour's proposal.

What is a Building Permit?

A building permit, on the other hand, focuses on the construction standards of a proposed building. It ensures that the building complies with the Building Act 1993, the Building Regulations 2018, and the National Construction Code (NCC). Building permits are issued by private or municipal building surveyors and deal with issues such as structural safety, fire protection, energy efficiency, and accessibility.

For instance, even if your planning permit allows you to construct a second story, your building permit will confirm whether the structure is safe, meets engineering standards, and complies with building codes.

Key Differences

• Purpose: A planning permit deals with land use and development suitability, while a building permit ensures compliance with construction standards.
• Authority: Planning permits are issued by local councils, while building permits are issued by registered building surveyors.
• Scope: Planning permits focus on how the project impacts the broader community and environment, while building permits ensure the building is safe and up to code.
• Timing: You usually need a planning permit before applying for a building permit.

How They Work Together

If you're building, you may need both permits. For example, if you're adding a granny flat to your backyard, you might first need a planning permit to confirm that your property can accommodate it and that the development aligns with the local planning scheme. After obtaining this, you'll then need a building permit to confirm that the structure is safe and complies with all relevant building codes.

Tips for Success

• Understand the Planning Scheme: Local planning schemes are detailed and complex, but they're the key to getting a planning permit or opposing a development next door. Study your council's planning scheme carefully or seek professional advice if needed.
• Follow the Right Order: Apply for your planning permit first, as it often sets conditions that the building permit must align with.
• Stay Informed About Both Laws: Planning law and building law are separate but interconnected. Understanding both helps you navigate the process more effectively.
• Seek Help if Needed: Councils often provide resources or can recommend professionals, such as town planners or building surveyors, who can guide you through the process.

Building or opposing a development can be a complex journey, but knowing the roles of planning and building permits—and how they work together—will give you the foundation to move forward confidently. Whether you're enhancing your property or protecting your community's character, the key is understanding the rules and making informed decisions.