Landscaping & Building Permits
The Building & Plumbing Commission provides a wealth of information on their website generally their advice relating to Landscaping is
Decks
Decks are outdoor living spaces. They can be attached to a dwelling or swimming pool or can be freestanding. Decks typically use a structural subfloor (a supportive structure designed to bear weight) and a building permit is required.
Timber slats laid directly on a surface (such as concrete or soil) are generally not considered a deck because no supportive structure is in place.
There can be some complexity when defining what a deck is and therefore if a building permit is required.
Verandahs
A verandah is a roofed structure typically attached to a home.
Verandahs require a building permit.
Pergolas and shade structures (with permeable coverings)
A pergola is an open structure that is unroofed. It may have a covering of open-weave, permeable material. A pergola does not require a building permit, provided it:
is not more than 3.6m in height, and
is not more than 20m2 in floor area, and
satisfies the siting requirements (placement on the allotment), which are set out in the Building Regulations 2018 (Schedule 3).
If constructing a larger pergola, you will require a building permit.
Gazebos and cabanas
These structures are usually free-standing and have a roof. A building permit is usually required.
An exemption applies for very small structures that are used as a non-habitable building (less than 10m2).
External stairs and ramps
Where external stairs and ramps are built in conjunction with the construction, renovation, alteration, extension or improvement of a home, they will typically require a building permit.
External stairs and ramps may not require a building permit where they are independent to a retaining wall or dwelling (for example, stairs or ramps in a garden).
Retaining walls
A building permit is required for all retaining walls that are:
constructed on or near site boundaries where there is a risk of damage to the adjoining property, and/or
1m or more in height.
Driveways and paving
A building permit is not required for constructing a driveway or laying paving. However, because there is a risk that incorrectly laid paving can cause water damage to your house, it is a good idea to use a registered building practitioner for this work.
You should be aware that in some cases driveways or paving work may interfere with plumbing work (such as drainage). Be mindful of whether the proposed work impacts or redirects water flow. You can seek advice from your local council or water authority about specific requirements in your suburb.
Cubby houses and play equipment
Cubby houses and play equipment used for children's play do not require a building permit.
However, a structure with a different purpose (such as to accommodate sleeping) would need a permit.
Ornamental ponds, water features and associated works
Ornamental ponds and water features do not require a building permit – provided the intended use is ornamental only. If connection to mains water or a drain is required, this is plumbing work and you will require a licensed plumber.
Ornamental ponds and water features have different requirements to swimming pools and spas, which require a safety barrier and building permit.
Be aware that any structure containing water may pose a risk of drowning – even if a safety barrier is not legally required.
Planting trees, shrubs, lawns and other vegetation
You do not require a building permit to undertake this work.
Fences
A building permit is required for most fences. Exemptions apply to some fences, for example:
a timber side or rear boundary fence not more than 2m high and not more than 1.5m when within 3m of a boundary on a street
a chain-wire tennis court fence.
Determining whether a building permit is needed can be complex – for confirmation, seek advice from your local council or head to the BPC Contact Us page.