I don’t need a permit, I’ll just build it… what’s the worst that can happen?

Plenty.

There’s a bit of a “planning cowboy” culture in Victoria with some builders, shed/pool suppliers and even owners thinking or saying “we never bother with council” or “the fine is cheaper than the permit.” That may sound clever in the moment, but it ignores what Councils and the Victoria Building Authority (VBA) actually do now, and it ignores some very public Victorian examples where people were made to restore, rebuild or pull things down.

The common 3 planning permit myths

1. “Do I really need a planning permit?”

Maybe you don’t, but if your property has overlays or special controls (heritage, flood prone, rural/farming, environmentally sensitive), or you’re building forward of the house or changing the use, Victorian Councils absolutely do enforce. The state’s own planning guide says enforcement is there to “stop existing breaches and punish for breaches.”

2. “I’ll just cop the fine.”

That’s not how it plays out. A lot of owners think they’ll get a small infringement and move on. What actually happens is Council/VBA sends a building notice, then a building order, and if it can’t be made to comply, you can be told to remove it. Moorabool Shire literally prosecuted a property owner and ordered an illegal building to be removed by a set date. That’s real money and real demolition.

3. “No one will dob me in.”

People dob. Councils drive past. And sometimes, like in Loch Sport, an officer just saw the works, checked, and shut it down because the builder was unregistered and the work didn’t meet the rules. Owners were left with a half-finished reno and extra costs to fix it.

The “don’t mess with us” example of why planning permits are required

If anyone thinks Councils won’t go hard, point them to the Corkman Irish Pub in Carlton, demolished illegally in 2016. State and Council teamed up, took them to VCAT, hit them with big fines and even jail, and pushed them to restore the site. That’s the nuclear version of “you ignored planning controls, now you’re fixing it.”

No, your backyard shed may not cop Corkman level heat, but it proves Councils have the tools and will use them.

“But that’s Melbourne Metro, regional Victorian Councils don’t care so much about planning right?”

Not really. Regional can feel looser because properties are bigger and people know the contractors, but the rules are the same Planning & Environment Act and Building Act. Regional Councils are actually quite active where there’s flood/LSIO, unsafe or unregistered building work, or structures thrown up on farming land without permits. That Loch Sport case above was in Wellington Shire, not the CBD.

Why flouting planning rules hurts the property owners (not just builders)

  • Council writes to the owner, not the installer.
  • Owner may still have to apply for planning retrospectively.
  • Owner may have to engage a planner, draftsperson, engineer to document what’s already built at their own cost.
  • Owner may be told to alter or demolish structures, if it can’t be supported where it sits, again at their own cost.
  • Illegal structures may hurt the future sale or insurability of your property.

That “we’ll worry about it later” chat on site usually becomes “we spent more, than if we’d just got the planning permit.”

Who this applies to

  • homeowners doing pergolas/alfrescos/extensions
  • shed/garage suppliers dropping buildings in flood/heritage areas
  • pool installers pushing ahead near boundaries or easements
  • rural/ag shed builders putting big sheds in LSIO
  • horse/stable/arena installers roofing an open arena so it now looks like a facility
  • anyone relying on “I’ve never seen Council bother people around here”

If it’s visible, in an overlay, or changes the use, it’s very much likely on Council’s radar.

What to do, instead of blatantly ignoring planning permission

  1. Do a planning check first. Check your local Council’s website, or give them a call. Run a property search on VicPlan.
  2. Prepare a thorough planning application and lodge it. You will be surprised with how far a proper site plan, photos and planning report will get you, when it comes to obtaining planning approval. A detailed and complete planning application can help you sail through the process faster than silence. If you find the processes difficult, you can always hire a planning consultant to help you.
  3. If you’ve already been hit with a notice, you need to respond asap. Victoria is quite clear: notices escalate when people ignore them. Don’t let it turn into an order. Get in touch with your Council to understand the notice and what you need to do, to be compliant. You may need to hire a planning consultant like AS Planning, to help you respond to Council and get the approval you need retrospectively. Serious non-compliance may result in a significant fine.

Not sure if you actually need a planning permit?

Contact us to book a planning pre-check, the cost of a check will be cheaper than a potential fine or building order. We have extensive experience with planning matters related to: sheds, pools, extensions, business identification signage, out buildings, change of use, car parking reduction and many other triggers.