Short answer: building work needs a permit unless a written exemption in your state's instrument applies — and satisfying an exemption does not cancel any other approval. Run three tests in order: is it building work, does an exemption apply limb by limb, does another approval trigger. The answer cannot be read off a size threshold.
Key Takeaways
- Permission by default. Victoria's regulator states all building work requires a permit unless an exemption exists.
- Run the tests in order: is it building work, does an exemption apply, does another approval trigger.
- An exemption is a written schedule, not a size. A neighbour's council page does not meet your instrument's test.
- There is no universal seven-year rule. Enforcement limits, permit validity and insurance are separate questions.
- Ask the issuer, in writing. Only the person who would grant the permit can bind you.
The three tests, in order
Each test assumes the last passed. Most homeowners start at test two, because the exemption is the answer they want — but that list is written for building work, so you cannot know which applies until you know the work.
| Test | The question it answers | What you need |
|---|---|---|
| 1. Is it building work? | Does it fall inside your state Act's definition? | The Act and regulations |
| 2. Does an exemption apply? | Does every limb of a listed exemption match exactly? | The exemption schedule |
| 3. Does another approval apply? | Is planning, owner-builder, heritage, easement or pool fencing also triggered? | Your planning scheme or code |
Test 1: is it building work?
If the activity constructs, alters, extends, demolishes or re-erects a building or structure, it is building work — a deck, carport, shed or pergola qualifies even when small, because size belongs to test two.
Repairs are the grey area. The Building and Plumbing Commission states that the Building Act 1993 and Building Regulations 2018 require a permit for all building work unless exempt, and lists "repair work for maintenance purposes" as a possible exemption.
Test 2: does a building permit exemption apply?
The exemption must be written in the instrument and every limb satisfied. It is a compound test — a dimension and a height and a setback and a class, sometimes capped by how many such structures the allotment may hold. Four families recur: small Class 10a structures, repairs, some demolition and minor alterations.
Why the numbers differ between states
Some instruments exempt by class then add dimensions; others by dimension list alone.
- Victoria lists "some garden sheds with a floor area less than 10m²" and "pergolas associated with houses" (BPC, retrieved 23 October 2026). The word "some" is doing real work: the dimension is necessary, not sufficient.
- The ACT sets a specific test for a carport, pergola or shade structure — no walls, no more than 3 m above ground, floor no more than 1 m above ground, no unsupported span over 4 m, roof plan area no more than 25 m², and all general exemption rules (ACT Planning, retrieved 23 October 2026).
Two instruments, two sets of numbers, no national threshold.
Test 3: does another approval apply?
Planning asks whether the development is allowed; building asks whether the construction complies. Neither replaces the other, so building permit and planning approval are separate decisions even when a project needs both — and the order differs: in Victoria a planning permit, if required, must issue first; in the ACT most work needs a development approval or exemption and a building approval. Dual occupancy site checks in NSW show why planning leads.
Planning approvals are engaged by land use, density, overlays, siting or dwelling numbers. Other approvals can sit alongside a building permit: an owner-builder permit (owner builder permit requirements); pool fencing; heritage approval; easement consent; and builders' warranty insurance. The two-consent distinction is set out in full separately.
What can I build without a permit? State-by-state
The tests are national in shape, state-specific in detail. Each row records the regulator's wording, exemption example, issuer and source. Retrieved 23 October 2026.
| State | What the regulator says | Exemption example (official) | Who issues | Source |
|---|---|---|---|---|
| VIC | "all building work requires a building permit, unless an exemption exists under the Regulations" | Sheds under 10 m²; pergolas associated with houses; repairs; some minor alterations or demolitions | A private or municipal building surveyor | BPC |
| NSW | No standalone "building permit": development consent or CDC, then a construction certificate | Decks, sheds, carports, fences — only if the works meet all standards in the SEPP (Exempt and Complying Development Codes) 2008 | Council or registered certifier | NSW Government; NSW Planning |
| SA | "Development that involves building work requires building consent as part of its approval" | Exempt projects need no approval — a new fence or garden shed, under Schedules 4, 4A, 5 and 13 of the PDI (General) Regulations 2017 | Within the development approval | PlanSA; pathways |
| QLD | "A building development approval (or building permit) is needed before construction can start on most types of domestic building work" | May be self-assessable or exempt under the Building Regulation 2021 | Local government or building certifier | Business Queensland, reviewed 30 Jun 2026 |
| WA | The Building Commissioner approves the forms; "your relevant local government will assess your application" | No state-level exemption list located on the regulator page, which covers forms, levy, fees and classes | Your local government, as permit authority | WA Government, updated 4 Aug 2026 |
| ACT | Most work needs a development approval (or an exemption) and a building approval (BA) | Carport/pergola/shade structure: no walls, ≤3 m above ground, floor ≤1 m, no unsupported span over 4 m, roof plan area ≤25 m² — then Schedule 1 still governs | A building certifier | ACT Planning |
| NT | "You must have a building permit before you begin construction" | The page sets out the application and certification process rather than an exemption schedule | A building certifier. NT's own rule: permits valid two years from issue, extendable | NT Government |
| TAS | Building approval sits under the Building Act 2016; "The type and scale of a building will determine whether or a not a building permit is required" | "Some smaller or low-risk buildings, like decks and small sheds, may not need a building permit or the involvement of a building surveyor" | A building surveyor; a planning permit, if required, first | Planning in Tasmania |
Tasmania is in transition. From 1 October 2026 former CBOS functions moved to Consumer Affairs Tasmania and Building Standards Tasmania, and both successor sites say "information is being updated on the new websites" (Building Standards Tasmania, retrieved 23 October 2026). Confirm TAS details locally.
Western Australia's row is an absence finding, not a claim no exemptions exist: the detail sits with local governments, which the page points to. NSW has no building permit, and a construction certificate issued after work starts is invalid.
Cyberate Project Management (CPM) is part of DDDI Group, which publishes this article. Links to CPM are related-party referrals, not independent recommendations. CPM provides development approval and subdivision management in South Australia only; approval rules, fees and services differ in other states.
Book a free consultation for a written read on a South Australian project, or read the approval FAQ. CPM is not a certifier, building surveyor, consent authority or permit issuer.
Do I need a building permit after seven years?
No. There is no universal seven-year rule, and any page claiming unapproved work becomes lawful after seven years confuses three questions.
Enforcement limitation is a planning concept, not a permit amnesty. Some planning systems limit how long an authority has to bring enforcement proceedings. That limit constrains the power to compel; it does not certify work.
Permit validity is separate, and jurisdiction-specific. Victoria publishes practice note BP 07 on time limits, extensions and lapsing (BPC, BP 07, v3.0, published 23 June 2023). Its companion guidance sets out what follows when a permit lapses: the work becomes illegal, the surveyor may order a stop, and incomplete work needs a new permit (BPC, lapsed permits, retrieved 23 October 2026). The Northern Territory publishes a different rule — two years from issue, extendable.
Insurance, sale and occupancy are where the cost lands. A lender may not accept unapproved improvements as security, an insurer may decline, and a conveyancer may require regularisation.
What to do if you have unapproved work
Assemble whatever records exist — plans, approvals, inspection records, receipts, the builder's contract. Ask the issuer whether a retrospective pathway exists, and take advice before selling.
If you conclude you do need one
The sequence is consistent across states even where the names change: design, appoint the issuer, lodge, approve, build, have the stages inspected, obtain the completion certificate.
The documents a building permit application needs are broadly the same — drawings, specifications, allotment plans, engineering where relevant, and the prescribed form. What a building permit costs separates the application fee from the levy and certification. Doing the work yourself means building as an owner builder, a separate eligibility test that does not exempt you from the permit. The full application process sets out the sequence.
When to stop and ask the authority
- The exemption wording does not match exactly. If one limb is unclear, you have a question, not an exemption.
- The structure is already built. Retrospective approval is the issuer's decision, depending on what can still be inspected.
- Two approvals may apply. If planning, heritage, an easement or pool fencing is engaged, settle planning first.
- A forum gave you the answer. Threads help you find the right question, not the instrument's wording.
Ask the issuer — surveyor, certifier or council — in writing; that is what a lender or buyer accepts.
Frequently Asked Questions
What's the biggest thing I can build without a permit?
There is no national answer: the exemption is a written schedule, not a single size. Victoria lists "some garden sheds with a floor area less than 10m²" as a possible exemption, where "some" means the dimension alone is not enough. In the ACT a carport or pergola is exempt only if it has no walls, sits no more than 3 m above ground, has a roof plan area no more than 25 m² and meets Schedule 1.
Do I need a building permit after seven years?
No — there is no universal seven-year rule in Australian building permit law. The idea comes from planning enforcement limits elsewhere, which restrict how long an authority can pursue proceedings but do not make the work lawful. Permit validity is separate: Victoria publishes guidance under BP 07, and the NT sets two years from issue.
Can I get a building permit after the work is done?
Sometimes a retrospective pathway exists, but it is the issuer's decision, not an entitlement, and depends on what can still be inspected. In NSW a construction certificate issued after work starts is invalid and no occupation certificate will issue.
Do I need a planning permit as well?
That is a separate test, and a building permit never answers it. Planning controls whether the development is allowed on that land — land use, density, overlays, heritage, bushfire, siting — while building controls whether construction complies. Some projects need both; in Victoria planning must issue first.
Who issues a building permit?
It depends on the state, and naming the issuer is often the fastest way to find out. Victoria: a private or municipal building surveyor. Queensland: local government or a building certifier. NT and ACT: a certifier. WA: your local government. NSW: a council or registered certifier issues the construction certificate. SA: building consent sits inside the development approval.
Does a building permit mean the work is compliant?
No. A permit approves a proposal at plan stage, on documentation and a defined inspection regime; compliance is a continuing obligation. Mandatory-stage inspections verify what was built matches what was approved, and work departing from the approved plans can still be non-compliant.