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The Building Team provide a professional and high quality permit service, while administering the Building Act and Building Regulations.

If you are looking at building within the Benalla Rural City Council municipality, the Building Department are on hand to provide you with all the information you require with a highly professional, qualified, experienced and dedicated team.

The Building Department is here to make your building experience as hassle free as possible.

Appointments can be made in person at the Customer Service Centre or by phoning 03 5760 2600.

 Illegal Building Work
 Building Myths Busted
 Application Forms

The Domestic Building Dispute Resolution Victoria a new regime
From 26 April 2017, changes made by the Building Legislation Amendment (Consumer Protection) Act 2016 (Vic)(“the BL Act”) will come into effect. The BL Act will require that most domestic building disputes be referred to conciliation with the new Domestic Building Dispute Resolution Victoria (“the DBDRV”) before proceedings can be issued in VCAT or a Court.

Domestic Building Dispute Resolution Victoria (DBDRV) is a free government service which helps resolve domestic building disputes.

DBDRV is being established to resolve residential building disputes without the cost and time often associated with courts and tribunals, but with the power to issue legally binding dispute resolution orders.

DBDRV signals some important changes to the way residential building disputes are currently handled:

Builders and building owners must attempt to resolve their domestic building dispute through DBDRV before they can make an application to the Victorian Civil and Administrative Tribunal (VCAT).

Consumer Affairs Victoria and the Victorian Building Authority will no longer be offering their free conciliation service, Building Advice and Conciliation Victoria.

If you have a domestic building dispute, visit

Your Building Responsibilities
Section 16 of the Building Act states a person must not carry out building work unless a building permit in respect of the work has been issued and is in force under this Act and the work is carried out in accordance with this Act, the Building Regulations and the building permit.

Schedule 8 of the Building Regulations exempt certain works from requiring a building permit. Please contact the Council's building team for further information on 03 5760 2600.

Step By Step Guide To Applications

 Step One Preparing Plans
 Building Application Assessment
 Building Permit Issue
 Builders Role
 Final Inspection

Step One

Find out if you require a Building Permit before carrying out any works by contacting Benalla Rural City's Building Team on (03)5760 2600.

Preparing Plans

Prepare the drawings of the proposed works. It is advisable to seek the assistance of a registered architect or draftsperson who has knowledge of the relevant Building Regulations and Building Code of Australia. This will ensure that the plans are accurate, clear and concise. The drawings should include accurate site plans at a scale of 1:200 or 1:500, floor plans, elevations and structural details at a scale of 1:100. If the structural details are prepared by a registered engineer, a copy of the computations and structural drawings are to be provided.

Building Over an Easement

If you wish to build over an easement you must first obtain the consent of the organisation having rights over the easement. Your title will state what the easement is to be used for. (However, many easements are unregistered. Please contact North East Water if your property has any unregistered easements).

Building Application

Once the plans and structural details are completed, you are then ready to make an application for a Building Permit. Please refer to building permit checklist for all information required for a building permit.


All applications are processed by Council's Building Surveyor, who will ensure that the proposal meets the requirements and objectives of the Building Regulation, BCA and associated Standards.

Building Permit Issue

When the building permit is issued, you will need to take note of the commencement and completion date on your building permit, the mandatory inspections required and any conditions. Note: If a planning permit and/or septic permit is required, they must be issued before the building permit is issued.

Builder's Role

The builder's responsibility is to build in accordance with the Building Permit and approved plans and proper work practices. Any variation to the approved plans must be submitted to the Building Surveyor for approval before the works are commenced.

If you are an owner builder, you are taking on the responsibility of the builder.


During the construction of your project there are various stages that the Building Surveyor is required to inspect. These are itemised on your Building Permit and are mandatory inspections which must be undertaken. Inspections are to be carried out Monday to Friday. 24 hours notice must be given to book an inspection, by contacting the Building Team on (03)5760 2600.

Final Inspection / Occupancy Permit

When works are completed, you or your builder will request a final inspection to be carried out. If the building is suitable to occupy for its intended use an Occupancy Permit or Certificate of Final Inspection will be issued. A building cannot be occupied unless an Occupancy Permit is issued. If a person occupies a building without the issue of an Occupancy Permit they are not only illegally occupying the building but may not be covered by insurance.
Every building is subject to siting requirements. If you want to build outside of the Building Regulations, you can apply for a Report and Consent. For further information please contact Council's Building Team on 03 5760 2600.

You will find Report and Consent application forms in the links below.

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  Report & Consent Application - Regulation 408 - Maximum Street Setback
  Report & Consent Application - Regulation 409 - Minimum Street Setback
  Report & Consent Application - Regulation 410 - Building Height
  Report & Consent Application - Regulation 411 - Site Coverage
  Report & Consent Application - Regulation 412 - Permeability
  Report & Consent Application - Regulation 413 - Carparking
  Report & Consent Application - Regulation 414 - Side and Rear Setback
  Report & Consent Application - Regulation 415 - Walls on Boundaries
  Report & Consent Application - Regulation 416 - Daylight to Existing Habitable Room Windows
  Report & Consent Application - Regulation 417 - Solar Access to Existing North Facing Habitable Room Windows
  Report & Consent Application - Regulation 418 - Overshadowing to Recreational Private Open Space
  Report & Consent Application - Regulation 419 - Overlooking
  Report & Consent Application - Regulation 420 - Daylight to Habitable Room Windows
  Report & Consent Application - Regulation 421 - Private Open Space
  Report & Consent Application - Regulation 422 - Siting of Class 10a
  Report & Consent Application - Regulation 424 - Front Fence Height
  Report & Consent Application - Regulation 425 - Side Rear Fence Height
  Report & Consent Application - Regulation 426 - Fences On Or Within 150mm Side or Rear Boundaries
  Report & Consent Application - Regulation 427 - Fences on Street Alignment

Swimming Pools
Definition: A swimming pool is a structure that contains water and is primarily used for swimming, wading and paddling.

It is the owners and occupiers responsibility to ensure that a swimming pool has a compliant safety barrier. Council's swimming pool safety brochure outlines all requirements to ensure your swimming pool safety barrier complies.

Any swimming pool that has a depth (wall height) greater than 300mm requires a building permit and swimming pool safety barrier (inlcuding inflatabled swimming pools).

Council has an ongoing swimming pool safety campaign and randomly selects swimming pools to inspect to ensure they comply.

If your swimming pool safety barrier is found not to comply, Council's Building Surveyor will issue an Emergency Order or Minor Works Order to rectify issues. Failure to comply with an Order will result in Council taking further action and the matter may end up before the Magistrates Court.

  Swimming Pool Information Brochure

Illegal Building Work
If you suspect someone is carrying out illegal building work, you can report it to the Building Team for investigation. Before the Building Team can start to investigate, you will need to submit the complaint in writing outlining all details of the offence.

Note: Every complaint is treated as confidential.

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Building Myths Busted
A decking does not require a building permit. A decking is not exempt from a building permit. It is structural and requires a building permit.

Rural properties are exempt from requiring a building permit and safety barrier for a swimming pool. Regardless of where your property is, a building permit and safety barrier is required for above and inground swimming pools.

Building permits are too expensive through the Benalla Rural City Council. The Building Department reviewed their fees and are competitive with all other Building Surveyors. These fees are reviewed annually and continue to be in line with other Building Surveyors.

Council is responsible for resolving an issue with neighbours boundary fences. Fencing disputes are a civil matter and Council is not able to assist either party. You can contact the Dispute Settlement Centre of Victoria for further information and assistance.

A farm shed doesn't need a building permit. There are no exemptions for farm buildings, they must have a building permit.

The works are less that $5,000 so I don't need a building permit. This was removed with the Building Interim Regulations 2005 in June 2005. A building permit is required regardless of the cost.

I have a planning permit, so I don't need a building permit. A building permit is required for all building work. A planning permit is separate to the Building Permit and only looks at zoning, not the construction proces.

Council takes 3 months to issue a building permit. Council is averaging a 2 week turn around on building permits once all required information is received.

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The EHU booklet Asbestos in the Home - Health and Sately in the Home (revised 2010) provides the latest health risk information and advice for householders considering or intending to work with or to remove asbestos from within or about their home, or to carry out maintenance on car brakes, clutches and gaskets at home. The booklet also provides information on precautions that should be taken by householders intending to disturb asbestos-containing materials in the home environment, and advice on how asbestos waste may be safely and legally disposed of. The booklet may be accessed at the EHU website and supplies of printed copeis will be provided on request by eamil to

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Application Forms
Applications forms can be downloaded from the links below

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  Building Permit Application
  Building Permit Application Checklist
  Building Certificate Application
  Land Information Certificate Application
  Documentation Search Application
  POPE Application
  Legal Point of Stormwater Discharge Application
  Works Within a Road Reserve Application
Benalla Rural Council
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