Building Practice Note
Abbreviations and definitions
Purpose
This Practice Note provides guidance to relevant building surveyors, owners, applicants, builders and designers on the necessary matters to be considered and assessed when building permit applications are made for a staged permit.
Overview
In accordance with section 20(b) of the Building Act 1993 (the Act), a building permit may be issued for:
- the whole of the proposed building work, or
- a staged of the proposed building work.
Building projects are typically sequenced into construction phases by the project team. The scope of each phase can be influenced by factors such as project size and complexity, location, procurement model, availability of labour and materials, timeframes, and the level of design detail completed.
Staged building permits often align with construction phases, however this is not always the case. The scope of each staged permit depends on factors such as design completeness, regulatory compliance requirements, authority consents and project-specific considerations, which may lead to differences to the construction sequence. In some cases, developers or builders request staged permits based on procurement or financing milestones rather than typical construction sequencing.
Consequently, a staged building permit may encompass multiple construction phases or split a single construction phase into several permits. For example, a stage could combine both structural and façade works to meet contractual or financial obligations or the superstructure component could be staged based on the available completed structural design being ground to level 5, while the final design for level 6 to roof is being completed.
This staged approach offers valuable flexibility for all projects especially those that are large or complex, enabling early works to proceed while detailed design or compliance issues for later elements are resolved. However, it introduces risks such as potential delays, abortive work, coordination challenges or compliance gaps if documentation or approvals for subsequent stages remain incomplete.
To mitigate these risks, it is critical to define and agree on the proposed staging of building permits as early as possible in the project. Early staging definition ensures that design documentation and compliance requirements are clearly scoped for each staged permit, minimising the likelihood of disputes, rework or enforcement action by the RBS.
Examples of commonly used staging for building permits:
Domestic building example (BCA Class 1a and 10a, single storey):
- Stage 1 Footings and slab
- Stage 2 Frame
- Stage 3 Lock-up and remainder of works (including architectural finishes, services installation, and final fit-out)
Commercial Building example (BCA Class 5, 7a, 8 storeys, 2 basement):
- Stage 1 Basement excavation and structural retention works, including in-ground footings and in-ground services
- Stage 2 Superstructure, including post-tensioned slabs
- Stage 3 Services (fire, electrical, mechanical, hydraulic, vertical transport)
- Stage 4 Façade
- Stage 5 Architectural
Note: Actual staging varies by project.
It is crucial to establish the proposed staging of building permits as early as possible in the project. This reduces risks of delays or abortive work due to incomplete documentation and unresolved compliance requirements in future stages.
Applications for a staged permit for building work
Applications for staged building permits
A building permit issued for a stage of building work is a building permit in its own right.
For each staged building permit application, the applicant must submit a completed Form 1 along with the information and design documentation relevant to that specific stage of work.
The RBS may request additional information to confirm that the proposed work complies with the Act (see Part 3, Division 2 – Applications for Building Permits) and the Building Regulations 2018 (the Regulations).
Importantly, applications for staged permits must consider the entire project. Design and compliance issues frequently extend across multiple stages, therefore the design team, construction team and the RBS must evaluate the broader context to ensure overall compliance.
It would therefore be appropriate for the relevant building surveyor to undertake an initial compliance assessment of the entire project. This identifies the compliance matters that must be resolved, and what documentation is required, for each proposed staged permit.
Considering applications for staged permits without this overarching compliance assessment increases the risk of gaps in demonstrating that the completed building work will comply with the Act, the Regulations and the NCC.
Example – New domestic dwelling (Class 1 and 10a) project, estimated total cost $800,000.
- An owner submits an application for a staged permit covering Stage 1 – Foundations only. The declared cost of work for this stage is listed as $15,990.
- When assessing the application, the RBS must consider the full scope of the proposed building, including (but not limited to) the project's total estimated cost of works. In this case, the RBS would require evidence of a domestic building contract and the corresponding domestic building insurance before issuing the staged permit for foundations.
- Issuing a building permit (including any staged permit) without the required domestic building insurance in place contravenes section 135 of the Act and regulation 29 of the Regulations.
- It is noted staged domestic building contracts are treated as one overall contract for insurance and related purposes. The insurance obligation therefore applies based on the total project value (typically triggered when the contract price exceeds the prescribed threshold, currently $16,000 for major domestic building work). Refer to section 3(2) of the Domestic Building Contracts Act 1995.
Applications for staged permits must consider the entirety of the project as design elements and regulatory compliance matters may need to be resolved
Documentation for staged building permits
Appropriate design documentation is essential to ensuring staged building permits are for compliant packages of work and are able to be assessed consistently and in compliance with legislative requirements. Each staged permit must be supported by design documentation that appropriately reflects the scope of building work proposed for that stage.
For each staged building permit application, the applicant must provide all design documents necessary for the RBS to assess compliance for that scope of work as per regulation 24 and 25 of the Regulations.
Documentation should clearly reflect the scope of building elements included in the staged permit and demonstrate how those elements integrate with the broader project. Design documentation should be sufficient to detail how compliance will be achieved in subsequent permits so that the RBS can form a complete compliance pathway for the entire project.
An application for a staged permit relating to structural building works can require further design documentation to verify that compliance can be achieved for subsequent staged permits.
Examples
- Architectural general floor plans, concrete profile plans and services designs may be necessary to confirm the locations of shafts, services risers (shafts or larger floor penetrations), individual floor waste locations and above‑ground external areas.
This information enables the RBS to ensure the required penetrations, set‑downs and falls are shown in the structural documentation together with related architectural concrete profile plans to ensure alignment, consistency and compliance can be achieved in future permit stages. - Can relate to completed fire engineering brief and reports, including stakeholder comments demonstrating clear agreement. These documents are often required before issuing a staged permit for structural building works. Issuing a structural stage permit without these documents introduces uncertainty in demonstrating compliance with the BCA. As fire engineering assessments can influence key design elements such as fire ratings and egress travel distances, an incomplete fire engineering report may later necessitate significant design changes, including increased structural fire resistance or the relocation of exits (such as stairs). If a structural stage permit has already been issued, these changes can result in abortive work or re‑work to the building’s structure.
It is therefore crucial that staged permits are established as early as possible so that all necessary design documentation and compliance requirements can be properly identified, coordinated and allocated to each permit.
Early definition of staging allows the RBS, applicant, and design team to determine which elements of the project must be documented at each stage, ensuring the structural, architectural, services and fire safety disciplines all prepare information and documentation that aligns with the staging strategy.
Establishing this framework early reduces the risk of incomplete or misaligned documentation, prevents delays arising from unresolved compliance matters in later stages, and minimises the likelihood of disputes, rework or enforcement action as the project progresses.
Notifying the RBS of staged permits and changes in scope
The proposed staging arrangement, including the scope of work for each permit and the target timing, should be documented and agreed between the RBS, the applicant and the design team at the outset of the project. This enables the RBS and the project team to factor in staged permits into their fees, program, resourcing and to plan how the compliance assessment for the whole project will be managed and implemented.
There should be sufficient time allowed in the project for the RBS to assess and approve the application for a staged permit per section 19 of the Act and regulation 35 of the Regulations. There are several factors to be considered, such as complexity and scope of works in the staged permit. Allowing the project team to co-ordinate and prepare design documentation ready for the staged building permit.
Changes in scope of the staged permit can occur. Where the builder is appointed, alternative construction sequencing and or re‑staging of permits may be required. This should be clearly communicated to, and confirmed by, the RBS and the design team before permit applications are amended or lodged. Doing so allows the design documentation and compliance matters to be updated, requested and assessed by the RBS to reflect the changes in the scope of works for the staged permit.
Applying for staged permits on an ad hoc or reactive basis, for example, when construction is underway, but design or compliance matters remain unresolved, and a staged permit is sought simply to keep work progressing can compromise the outcome of a project and is generally inappropriate and not consistent with good regulatory practice. This can result in compliance gaps, documentation that is difficult to reconcile, and increased risk that the completed building may not comply with the Act, the Regulations and the NCC.
An Example – Staging arrangements for a commercial office building
Desired practice
A developer intends to construct a commercial office building and is proposing a five staged building permits covering inground works, superstructure, services, architectural, and facade.
At the start of the project, the applicant, design team and RBS agree on the scope of each staged permit and the expected timing of each application. This allows the RBS to plan their assessment program and fees. This also gives the design team clear milestones for when documentation must be ready.
When the builder is appointed, they propose resequencing the services and architectural stages to run concurrently. The design team communicates this change to the RBS in advance before any permit application is lodged. The RBS confirms the updated scope, advises the project team of documentation required and compliance matters to be resolved to suit the revised staging and the applications for building permit are then submitted.
Early communication reduces gaps in compliance, the documentation across all stages is consistent, and the project remains on track.
Undesired practice
The project proceeds without an agreed staging plan between the applicant, design team and RBS. As construction progresses, it becomes apparent that the services and architectural stages are inadequately documented and the relevant permits are not yet in place.
Permit applications are lodged reactively to keep work progressing, without confirming scope with the RBS or updating compliance documentation to reflect how the works have changed on site.
This results in inconsistencies across staged permit documentation. This results in it being necessary for the RBS to request significant additional information before assessments can proceed. Ultimately the building work is delayed while documentation is brought up to standard. There is also an increased risk that the completed building will not comply with the Act, the Regulations and the NCC
Applying Section 10(2) to staged permits
Where an RBS has agreed to adopt Section 10 (2) of the Building Act (substantial design prior to a building regulation or amendment to a building regulation) this applies to the proposed building. As a result, all staged permits for the project must be assessed against the same regulations and BCA version that were in effect when the design was considered substantially commenced. This is in line with Minister's Guideline MG-13.
This ensures consistency and stability throughout the construction process, averting complications associated with adjusting to new regulations mid-project.
Report and consent requirements
A report and consent from the relevant reporting authority must be obtained before the RBS can issue a staged building permit for work that may be impacted by the outcome of the report and consent process (refer to Schedule 5 of the BR for prescribed matters reported on by prescribed reporting authorities).This requirement importantly applies when the permit is staged, as the approved documents for each staged permit must independently demonstrate compliance.
In staged projects, report and consent obligations can arise at different points depending on the nature of the work included in each stage.
Example
- Class 1a dwelling where council report and consents for siting under Part 5 of BR may be required at the foundations or frame stage permits.
- Similarly, for report and consents for flooding (Reg. 153 of BR), would be required before staged permits for in-groundwork.
Reporting authority assessments often involve external agencies such as councils, water authorities and fire brigades, which all have varying process timeframes. Ensuring these consents are identified early and coordinated across all stages of the project helps avoid delays, re‑design, or non‑compliant work progressing on site.
Where possible, these requirements should be identified during early staging discussions so that applications can be lodged well in advance of the relevant staged permit being required.
A proactive approach ensures:
- each stage is supported by the necessary external reports and consents,
- the RBS can issue staged permits in a timely manner, and
- construction is not held up due to unresolved report and consent matters.
Calculating and paying the building permit levy
The applicant for the staged permit must calculate and provide the required values for each component of the CoW formula within the Form 1 - Application Form as part of the staged permit application. The RBS then uses this information to calculate the CoW to ensure the correct BPL is paid.
In accordance with section 205GA of the Act, the applicant for a building permit, or a person acting on behalf of the applicant, must pay to the BPC the amount of building permit levy calculated under section 205I before the building permit is issued
Staged building permits can involve varying scopes of work and may change as construction progresses, it is essential to accurately track the cost of works for each individual stage as well as the total project cost.
Maintaining clear and consistent cost information ensures that all figures reconcile across every permit issued and that the building permit levies are correctly calculated and accounted for.
To support this, a form of tracking is suggested to be established by the design team at the outset of the project. The form of tracking should be updated throughout the staging process to record cost adjustments, scope changes, and the cumulative value of works. Doing so prevents discrepancies, supports transparent reporting, and ensures compliance with levy requirements at the completion of all stages.
Timeframes
Regulation 54(2) outlines that where building work is to be carried out in more than one stage and more than one building permit is issued, the completion date of any building permit for a subsequent stage is to be based on the date of issue of the building permit for the first stage.
Therefore, the issuing of multiple building permits for one building project does not extend the date by which all the building work must be completed beyond the time limits in regulation 54(1).
Council lodgement
The RBS must lodge the following documents with the relevant council within seven (7) days of issuing each staged building permit:
- a copy of the building permit for the relevant stage of building works;
- any plans and other documents forming part of a building permit application as prescribed by regulation 44(1) of the Regulations;
- a checklist for the lodgement of documents under section 30 of the Building Act 1993.
Any documents lodged with the relevant council under section 30 of the Act must be accompanied by the appropriate prescribed lodgement fee (if any), paid to the RBS under clause 1 of Schedule 2. The RBS is required to provide the relevant lodgement fee payable for each staged building permit.
Carry out building work
Building work must not proceed beyond what has been approved by a building permit for a stage of building work. The nominated builder is to ensure a building permit has been issued for the building work they are about to commence. Where the building works have not been included within the scope of an existing staged building permit the works are not permitted to proceed until the building permit for that scope of work is approved by the RBS. Any work carried out without a valid building permit is an offence under Division 1 of Part 3 of the Act and is subject to significant penalties and may result in demolition of the non-approved work.
Within each staged building permit the RBS must nominate the mandatory inspections required for the stage of building work in accordance with regulation 171 of the Regulations. The builder must notify the RBS without delay at the completion of each relevant mandatory notification stage that is specified in the staged building permit. Timely notification is essential to ensure that inspection requirements are met and that work does not progress beyond what has been approved for that stage.
Version history
Category
Building permits and other exemptions
This version published
10 April 2026
