Guide
Planning Permit vs Building Permit in Victoria
Which approval comes first in Victoria, what report and consent is, and how section 24 ties them together.
Homeowners often treat "the council permit" as one thing. In Victoria it is usually two different approvals: a planning permit (land use and amenity under the planning scheme) and a building permit (structure and the National Construction Code under the Building Act 1993 and Building Regulations 2018). Confusing them delays projects across North East Victoria every week.
Planning permit: what it controls
A planning permit is issued by the local council (or, in some cases, the Minister). It deals with overlays, zone rules, amenity setbacks, heritage, bushfire management overlays and whether the proposed use or development is allowed on the land.
Not every project needs planning permission, but many do when overlays apply, or when dual occupancy, larger outbuildings or works in sensitive zones are proposed.
Building permit: what it controls
A building permit is issued by a registered building surveyor such as NEBA. It confirms the design meets the Building Act 1993, the Building Regulations 2018 and the National Construction Code (which has legal effect in Victoria through that framework), and it sets mandatory notification stages. You generally cannot start building work until this permit is issued, even if planning is already approved.
Which comes first? (section 24)
Under section 24 of the Building Act 1993, the relevant building surveyor must not issue a building permit unless satisfied that any relevant planning permit (or other prescribed approval) has been obtained, and that the building permit will be consistent with that planning permit. When planning is required, it is a legal precondition to the building permit, not a preference.
Report and consent: the third approval people confuse
Work that does not meet certain Building Regulation standards (for example Part 5 siting limits such as setbacks, fence heights or site coverage) can need a report and consent from the relevant council (or another reporting authority) as well as a building permit. Report and consent is not a planning permit and not a building permit. It is a separate consent the RBS must have (or be able to treat as obtained) before issuing the building permit where the Regulations require it.
How NEBA helps
We do not issue planning permits, but we flag when planning or report and consent is likely required, review drawings for building compliance, and keep the building permit pathway moving once those consents are sorted. That coordination matters in places like Shepparton growth areas, Wangaratta lifestyle lots and Euroa township sites.
This guide covers Victorian law only. For Albury NSW projects, see building permits Albury.
Next steps: browse forms & downloads or ask NEBA which pathway your project needs.