The Great Building Permit Puzzle: When You Need One (and When You Don’t) in Landscape Construction December 5, 2025

If there is one topic guaranteed to make even the most enthusiastic Victorian home gardener sigh into their morning flat white, it is building permits. They are not glamorous. They do not come with glossy before and after photos. They are the Brussels sprouts of landscape construction. Tedious and unavoidable, but surprisingly important for the long term health of your garden. With the right knowledge, the process becomes easier. So let us take a positive look at the subject and clarify when you need a building permit in Victoria and when you can simply pick up the shovel and get to work.

What Is a Building Permit in Victoria

In Victoria, a building permit is official approval given by a registered building surveyor. It confirms that your planned construction meets safety and structural standards under Victorian Building Authority regulations and other building codes. 

Without a permit you risk being forced to undo your work, or you could create safety problems that may not appear until the structure fails. In landscape construction, permits help ensure retaining walls are stable, decks are safe, and drainage or structural changes do not create problems for you or your neighbours.

If you engage a builder or contractor, it is often their responsibility, or yours depending on the agreement, to obtain the building permit before work begins.

When You Do Need a Permit for Landscape Works in Victoria

It can be difficult to determine when a building permit is required.

These common landscape projects usually require a building permit in Victoria

Retaining Walls Over One Metre or Near Boundaries

You will need a permit for a retaining wall that is one metre or more in height or that supports neighbouring land. This includes walls near boundaries that protect soil or structures on adjoining properties.

Decks Verandahs and Raised Platforms

A building permit is required for most new decks in Victoria whether they are attached to a house or standalone platforms that provide access or amenity. Relaying boards over an existing compliant frame usually does not require approval, however new boards attached to an old frame creates its own issues.

Swimming Pools and Spas Including Safety Barriers

Any pool or spa in Victoria that can hold more than three hundred millimetres of water requires a building permit along with an approved safety barrier. This applies to permanent structures and to portable pools that meet the depth requirement.

Roofed Outdoor Structures

Structures such as verandahs shade structures carports and larger sheds normally require a building permit. Anything with posts and a roof over ten square metres in size is treated as a building and therefore must comply with building standards.

Significant Drainage or Earth Works

If your landscape design involves major ground works, changing stormwater direction, excavation over easements or construction that affects drainage, permits and council input may be required.

When You Do Not Need a Building Permit in Victoria

Some landscape projects are usually exempt from permits in Victoria. These include

• Retaining walls less than one metre in height that do not support other loads or protect neighbouring land

• Garden beds planting shrubs tree planting flower beds and laying turf

• Ground level paving and garden paths where stormwater direction is not changed in a significant way

• Small garden sheds that meet Victorian exemption rules such as less than ten square metres and within height and boundary limits

• Standard boundary fence replacement that stays within regulated height limits

Even if your project appears to be exempt, planning rules may still apply to some sites, for example heritage protected areas areas close to waterways and land in bushfire risk zones. It is always worth checking with your local council to avoid problems later.

Why These Rules Matter

Permits can feel tedious and frustrating. There are forms, inspections and waiting times. A bit like being forced to eat Brussels sprouts instead of chocolate cake. Yet they exist for good reasons

• They help prevent unsafe structures such as collapsing walls and unstable decks

• They protect property value and reduce complications when selling a home

• They ensure drainage and ground movement do not create hazards

• They place responsibility with qualified professionals who understand structural requirements

What feels like a nuisance at first may save thousands of dollars and weeks of stress later.

What to Do Before You Build in Victoria

1. Check whether your project requires a permit using Victorian Building Authority resources

2. If needed, engage a registered building surveyor to submit the permit application

3. If your project might be exempt, confirm that there are no planning restrictions or site specific requirements

4. For certainty, contact your local council and ask before you build

Final Thoughts

Building permits might feel like the plate of Brussels sprouts you did not ask for. But in the world of landscape construction they are essential. They protect your investment, keep your family and neighbours safe, and support the creation of spaces that add true value to your home.