If you are undertaking any building work on your property, you'll need to find out whether your project requires a planning permit, a building permit, or both.
These permits are required by law and are designed to protect you. The Building Act 1993 (the Act) and Building Regulations 2018 (the Regulations) state that all building work requires a building permit, unless an exemption exists under the Regulations.
It's a good idea to seek advice from your local council if you are considering building work on your property to confirm whether a building permit or planning permit is required. You can also consult a building surveyor for advice.
Planning permits give permission to develop or use land in a particular way. You may require a planning permit for a new home, extension, renovation or an additional dwelling on the land.
The local council is responsible for issuing a planning permit. If you need a planning permit, it must be issued from your local council before you can obtain a building permit.
You may need to engage a town planner to determine if you require a planning permit for your building project.
Planning permit applications submitted to council may need to include the proposed design, planning report, shadow diagrams and other relevant documentation. Contact your local council for more information.
Building permits are documents certifying that a proposed building complies with the relevant building regulations. A building permit is a written approval by a private or municipal building surveyor. It allows the building work to be undertaken according to the approved plans, specifications and other relevant documentation.
Having a building permit provides you with protection by ensuring:
A building permit will specify that either an occupancy permit or a certificate of final inspection is required on completion of the building work. For more information, see At the end of your building project.
Not all building projects require a building permit. Possible exemptions may include:
Before applying for a building permit, you need to appoint a registered building surveyor. You apply for a building permit through your building surveyor.
You may appoint an agent to apply for a building permit for you. However, you must first authorise them in writing to make the application on your behalf. If you have authorised another person to obtain a building permit on your behalf, you should check the relevant documentation and building permit before any work begins. You should avoid signing any blank forms authorising others to represent you.
To apply for a permit, you need to:
A building permit levy is based on the cost of the building work.
For building permit applications accepted by the RBS on or after 1 July 2019, the levy is paid directly to us by the owner, or the person authorised by the owner to pay on their behalf. This needs to happen before a building permit number is provided and the building permit can be issued.
A building permit application can be considered 'accepted' if the RBS has been appointed by the applicant and the application contains all the information required for the relevant building surveyor to:
A building permit cannot be issued until a relevant planning permit (if required) is obtained. A building permit will only be issued after the building levy has been paid and we have issued a building permit number.
The building surveyor cannot issue a building permit for your project until any required consent of a reporting authority is received. For example, they may need consent from the local council or water authority if you want to build over an easement or the siting of a carport.
The building surveyor can decide to issue a building permit with or without conditions. The building permit issued may be a permit for the whole of the proposed building work or for a stage of the proposed building work.
The building surveyor will specify on the building permit the mandatory inspections that will be required throughout the course of the building work. They can vary the required inspections or carry additional inspections, if they think this is necessary. Your building permit will state whether you need an occupancy permit or a certificate of final inspection on completion of the building work. For more information, see At the end of your building project.
If you intend to carry out building work close to an adjoining neighbour's property, the building surveyor may require you to perform work to protect your neighbour's property. Find out more at Protecting adjoining properties.
In some instances, a building surveyor may refuse to issue a permit. If this happens, you can either alter the application to comply with the Regulations or appeal the refusal of the permit to the Building Appeals Board.
For building permits issued after 1 July 2019, it is important to monitor the cost of building work and you should maintain records of the cost of work throughout the building process. For more information, see At the end of your building project.
