Building and planning compliance

If you plan to undertake any building or works on your property you'll need to find out whether your project requires a planning permit, building permit, or both. These permits are required by law and are designed to protect the community and environment.

Building compliance

Building is concerned with safe construction practices, and considers whether the construction work conforms to building regulations, the Building Code of Australia and relevant Australian standards.

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.

Planning compliance

Planning schemes regulate the use and development of land so that it meets agreed community objectives. The Moorabool Planning Scheme is a law that regulates how land can be used and developed in the shire. As with any other regulation or law, the planning scheme is only effective if its requirements are enforced.

Council's Planning team is the responsible authority for administering and enforcing the Moorabool Planning Scheme, in accordance with the Planning and Environment Act 1987.

Building and planning enforcement

Our Building and Planning teams investigate possible breaches, and for minor offences we seek to resolve the matter through negotiation and education regarding planning considerations with the parties involved. However if initial negotiations are not successful, or when a significant breach has occurred, we may use the Planning and Environment Act 1987 to take appropriate enforcement action.

There can be significant penalties for non-compliance with the Building Act or Planning Scheme, or for contravening a permit or Section 173 agreement. The severity of the penalty will depend on the nature of the breach, however fines can be as high as $193,428.00.

What constitutes a breach?

Compliance issues may include:

• No permit - building works conducted without a building or planning permit where one is required.
• Non-compliance with permit conditions - building works are inconsistent with the approved planning permit and/or endorsed plans. All conditions on a Planning Permit must be complied with.
• Illegal use - illegal use of a property, or use inconsistent with the Moorabool Planning Scheme or Planning Permit conditions.
• Changes to land use - changes to use of land, without planning approval, where such approval is required.
• Removal of native vegetation - native vegetation which is destroyed or removed without a permit, where such a permit is required.
• Heritage - building works and/or demolition carried out on a property with a Heritage Overlay without prior planning approval.

For further information regarding building and planning compliance and enforcement please contact us to speak with a member of the Building or Planning teams.