Detached permits

Detached permits can have serious consequences for owners.

• If your building work was not completed properly, the building may be dangerous and could be a risk to the health and safety to yourself, family or tenants.
• It is illegal to occupy a property without an occupancy permit. This could leave you open to council taking further action to require you to obtain an occupancy permit.
• You should consult with your insurer about any possible impacts on your insurance policies from not having an OP/CFI.
• If you are selling your property, you may be asked to show evidence of an OP/CFI.

Some detached permits are simple to resolve, particularly in instances where it is an administrative error in that the building work was completed, and a final inspection resulted in a CFI or OP, but the OP/CFI was not submitted to the Council or reported to us.

Alternatively, the owner may need to finalise the building work or appoint a new RBS and potentially identify a builder to finalise the building work or undertake any required rectification work.

See below for more detail about what to do if you have a detached permit.

Some owners may be unaware they have an outstanding building permit that has become detached. This is more likely with a legacy matter i.e. a permit that was issued several years ago and remains open. However, other owners may be aware of the open permit and have chosen not to action it.

• Check any documents you may been given at the conclusion of your building project to see if you have an OP or CFI.
• If you can’t locate an OP/CFI, view the Find a Practitioner tool to determine whether the RBS who issued the permit is still currently registered to practice.
  • If you find that your building permit remains open and the RBS is still practising, you should contact them urgently to finalise the permit.
• If you believe you may have a building permit that has not been finalised, you can contact your local council to check their records. Councils are required to keep a register of all building permits lodged with them and the register must be available for inspection during normal office hours. Likewise, they are also required to keep a register of all occupancy permits and CFIs given to them.
• You could also contact the builder you used for the project and ask them to check any documentation they may still hold.

If the council has no record of an OP/CFI and the RBS is no longer practising, then your permit could be detached.

It's important to take action as soon as possible

The longer the delay, the more complicated it may be to resolve, and the greater the potential costs to you.

Find a new building surveyor to finalise your permit

If you have a detached permit, you will need to request our consent to terminate the services of the old building surveyor and find and appoint a new building surveyor to finalise the permit.

• To assist owners in searching for a private building surveyor, we have published a register of building surveyors who can help owners with their detached permits.
  • Please note, we are not involved in the commercial activities of these practitioners, nor do we make any representation about the quality of their services or business beyond that they are professionally qualified and registered. It is the responsibility of the owner to negotiate the terms of any engagement.
• Find a practitioner search engine - searchable by postcode and allows consumers to identify a suitably qualified practitioner.
• Find a building surveyor hosted by the Australian Institute of Building Surveyors (AIBS) - searchable by postcode.

You will need to explain your circumstances to the building surveyor and negotiate any fees and other costs that may be applicable.
Not all building surveyors will be able to take on a detached permit, so you may need to contact a few to find someone suitable to your circumstances.

Once you have identified a building surveyor willing to take on the project, you will need to request our consent to terminate the current appointed RBS and appoint a new one.
Please read information about terminating a building surveyor's appointment and complete the necessary form to request consent to this change. The new building surveyor will then arrange for the permit to transferred into his/her name and notify Council of the appointment.

If you are unable to find a private building surveyors willing to take on your project including those listed in the Detached Permits Building Surveyor Register, you can contact your local council to inform them of your difficulties.

In some cases the council may be able to assist, however ultimately it is your responsibility as owner to ensure you obtain the correct OP and/or CFI prior to occupancy of any building.

If the planned work or construction did not proceed, please refer to our webpage You intend to cancel your building work and complete the online form. This does not apply to partially completed works or buildings. 

If your building surveyor is no longer available to finish the project, you will need to find a new one as soon as possible.

It is important to notify your builder immediately, as building work will not be able to proceed past the next mandatory stage.

Please see the section above about finding a new building surveyor to finalise your building permit.

Please review your records to check if your builder, building surveyor, solicitor or conveyancer has provided you with a copy of the CFI or OP linked to your building permit. If you have either of these documents, please email them to BAMS@bpc.vic.gov.au and ask for your permit to be closed out.

If you can't locate a copy of the CFI or OP, you'll need to contact your council to see if a copy has been submitted to them.

If you cannot locate a CFI or OP, you will require a building surveyor to finalise your permit.

This may involve engaging a new building surveyor to undertake a site inspection and assessment of the building conditions.

Please see the section above about finding a new building surveyor to finalise your building permit.

If you do nothing, there are potential consequences of not having a CFI and/or OP. There may be possible impacts on your insurance policies, and if you sell your property.

If a building permit states that an OP is required for the whole or part of a building, a person must not occupy that building unless the OP has been issued.

As an owner builder, you have a number of legal requirements that must be met, and this includes ensuring the CFI and OP are finalised. In addition, should your sell your property within 6.5 years of finalising the building work, you are required as the builder to hold appropriate insurance to cover the work you undertook.

In the first instance, learn about our role.

You may find useful information about appointing a Relevant Building Surveyor.

If you have any questions about detached permits, please email the detached permits team at detachedpermits@bpc.vic.gov.au.

Concerns with a building surveyor or other complaints

Please see our Complaints webpage for detailed information about how to progress any complaints.