Short answer: planning approval and a building permit are two decisions, assessed against two rulebooks by two kinds of decision-maker. Planning asks whether this use and built form suit the site. Building asks whether the structure complies with the building rules. Most projects need both, and in most states planning comes first — but not everywhere: South Australia allows its consents in any order. Vocabulary changes at the border too: the second approval is a construction certificate in NSW, building consent in SA, and a building development approval in Queensland.
Key Takeaways
- Two approvals, two questions. Planning controls use, siting and neighbour amenity. Building controls structure, fire, health, energy and plumbing.
- The order is usually planning first, not universally. Victoria and Queensland enforce it; South Australia does not — s 102(6)(a) of the Planning, Development and Infrastructure Act 2016 lets consents be granted in any order.
- Every state names the second approval differently. Construction certificate, building consent, building approval, building permit.
- The second approval must match the first. Endorsed planning plans are the baseline.
- A refusal stops the second approval; a condition constrains it.
Planning approval vs building permit: what each one decides
The planning question
Planning approval decides whether a proposed use and built form may occur on a site. It tests the proposal against its context: is the use permitted, does the built form fit the zone, are effects on neighbours and infrastructure acceptable? That means use and intensity, height, setbacks, site coverage, overlays such as flood, bushfire, heritage and significant trees, and amenity impacts including overlooking, overshadowing, noise and traffic.
The decision-maker is a planning authority — usually council, sometimes an accredited private planning professional, occasionally the State Planning Commission. The instrument is the local planning scheme or, in SA, the statewide Planning and Design Code. If unsure whether your project needs this approval, the permit triage guide sets out three tests.
The building question
A building permit certifies that a structure complies with the building rules. Assessment covers the structure and services — the National Construction Code as adopted in that jurisdiction, plus state regulations and ministerial standards: structural adequacy, fire safety and egress, light and ventilation, energy efficiency, waterproofing, plumbing and drainage, then stage inspections and an occupancy certificate.
The decision-maker is a building surveyor or certifier, private or municipal. It is technical compliance against a written standard, not discretionary planning judgement. Planning asks whether and where; building asks how. The national building permit application guide explains why one drawing set is assessed twice.
The state terminology table
Each state's Act names its own instruments, so a Victorian search result will use the wrong word for a Queensland approval.
| State | Planning stage | Building stage | Decided by | Statutory basis |
|---|---|---|---|---|
| SA | Planning consent, part of a development approval | Building consent, part of the same development approval | Council or accredited professional (planning); council building officer or private certifier (building) | PDI Act 2016 ss 102, 118 |
| NSW | Development consent, or a complying development certificate | Construction certificate — none separate where a CDC is used | Consent authority for the DA; council or registered certifier for the CC | EP&A Act 1979 Part 6 |
| VIC | Planning permit | Building permit | Council for planning; private or municipal building surveyor for building | Planning and Environment Act 1987; Building Act 1993 |
| QLD | Development permit (development approval) | Building development approval | Local government for the development permit; council or building certifier for the building approval | Planning Act 2016; Building Act 1975 s 83 |
| WA | Planning approval under a local or region scheme | Building permit | Local government for planning; local government as permit authority for building | Planning and Development Act 2005 s 162; Building Act 2011 |
| TAS | Planning permit | Building Permit (council) for permit work; Certificate of Likely Compliance for notifiable work | Council, as planning authority; council or a building surveyor at the building stage | Tasmanian Planning Scheme; Building Act 2016 (Tas) |
South Australia is the only state where the two approvals form one instrument — a development approval containing planning consent, building consent and, where relevant, land division consent. The SA building consent pathway explains when building consent is required despite no building work being proposed.
Tasmania's building stage is deliberately blank. Planning permits issue from council, but the state's building regulator changed hands on 1 October 2026 and no successor page could be verified.
For South Australian sites, talk to Cyberate PM about a South Australian approval pathway, which runs planning and building consent together. Cyberate Project Management (CPM) is part of DDDI Group, the publisher of 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. CPM is not a certifier, building surveyor, consent authority or permit issuer.
Which one comes first
Planning first is the default, and two states say so expressly. Victoria's Building and Plumbing Commission is explicit: where a planning permit is required, it must issue before a building permit. Queensland makes it a statutory bar — a private certifier must not grant a building development approval until all necessary development permits are effective (Building Act 1975 s 83(1)(a)).
New South Wales reaches the same result differently: it does not bar the certificate until consent issues, but requires the two to agree. The construction certificate confirms the plans are consistent with the development consent and comply with the Building Code.
South Australia is the explicit exception. Under s 102(6)(a) of the PDI Act, where a development needs more than one consent, "the consents need not be granted in any particular order". A building consent can precede planning consent. The endpoint does not change: under s 102(8) a development is approved only when all relevant consents are granted. Either order is available; skipping one is not.
Parallel preparation is normal; parallel reliance is not. Preparing the building application while planning is assessed is standard. What the rules prevent is relying on the building approval before the planning decision exists. SA's consent clocks are covered in how SA's development approval timeframes work.
Construction certificate vs building permit
The construction certificate is NSW's version of the second approval, and the comparison trips up anyone who has built interstate.
A construction certificate is required to erect a building in accordance with a development consent (EP&A Act 1979 s 6.7(1)). Council or a registered certifier issues it. It confirms three things: the detailed construction plans are consistent with the development consent, they comply with the National Construction Code, and fees are paid and consent conditions satisfied. It is not required where the building is erected under a complying development certificate.
Two timing rules matter more than the definition. The certificate must be obtained before building work starts, and it has no effect if issued after the work has physically commenced (s 6.8(2)). A late certificate is invalid, and an occupation certificate will not follow. A principal certifier must be appointed and must notify the consent authority and council at least two days before commencement (s 6.6).
A complying development certificate covers both stages in one instrument with no separate construction certificate. Eligibility is covered in when a CDC replaces both steps.
What happens when one is refused or conditioned
Planning refused. A building permit cannot issue for a development needing planning consent that lacks it. Building-stage design work is not wasted if the decision is reversed, but no building approval can be granted meanwhile.
Planning approved with conditions. The endorsed plans are the baseline. A building application departing from them creates an inconsistency the certifier cannot resolve at its discretion. The route is a variation to the planning consent, not a condition on the building permit.
Building refused or conditioned. The planning consent survives — it is not automatically cancelled — but the development cannot be built as designed. In Victoria, refusal to issue or amend a building permit is appealable to the Building Appeals Board under s 138 of the Building Act 1993.
Appeal routes are named, not promised. Victorian planning decisions are reviewable by VCAT under the Planning and Environment Act 1987; other states have their own bodies and standing rules.
If you are working through a condition and want a second read, read the plain-language approval FAQ — it covers common South Australian scenarios.
Why this matters for the application pack
Approved planning plans flow into the building application, and the building design must demonstrably match them. Inconsistency between drawing sets — a setback that shifted, a window that moved — commonly stalls an application and draws an information request.
The building permit application document checklist sets out what belongs in the pack. If you intend to manage the work yourself, owner-builder eligibility is a separate credential question. For the two largest eastern markets, the wider NSW and SA planning comparison sets out the statutory architecture behind the terminology.
For South Australian projects, talk to Cyberate PM about a South Australian approval pathway — the service manages the planning and building consent sequence against a programme. Cyberate Project Management (CPM) is part of DDDI Group, the publisher of 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.
Frequently Asked Questions
Is a planning permit the same as a building permit?
No. A planning permit decides whether a use and built form are acceptable on a site, assessed against the planning scheme. A building permit decides whether the structure complies with the building rules, including the National Construction Code. They are separate applications with different decision-makers.
Can you get a building permit before a planning permit?
In most states, no. Victoria requires the planning permit to issue first, and Queensland bars a private certifier from granting a building development approval until the necessary development permits are effective. South Australia is the exception: s 102(6)(a) of the PDI Act provides the consents need not be granted in any order, though the development is not approved until all are in place.
What is a construction certificate, and does NSW have building permits?
The construction certificate is the NSW second approval and does a building permit's job elsewhere. It certifies the construction plans are consistent with the development consent and comply with the National Construction Code, and must be obtained before work starts. One issued after work physically commences has no effect.
Does a building permit override a planning condition?
No. The building approval must be consistent with the planning approval and its conditions, not a route around them. If the endorsed plans carry a condition the design cannot meet, the answer is a planning variation.
Which approval should I apply for first if I am not sure I need planning approval?
Ask the planning authority before committing to a building application. In most states the council can confirm whether a planning permit or development approval is required. Committing to detailed documentation first is the commonest way projects pay twice for design work.
The one-line frame
Planning decides whether the development belongs on the site; building decides whether the building is safe and compliant once there. Get the first answer before you rely on the second, and check which word your state uses for each.