What Happens If You Build A Deck Without A Permit In Victoria?
Having a new deck built can be an exciting home improvement project, but it’s crucial to understand the legal requirements in your area. So, what happens if you build a deck without a permit in Victoria? Obtaining a permit before constructing a deck here is not just a good idea – it’s the law.
Building a deck without a permit is illegal, and it can result in hefty fines, orders to remove the structure, and potential legal action, while also posing significant safety risks and jeopardising your homeowner’s insurance coverage. Obtaining the necessary permit is also a crucial step that ensures your deck design meets local building codes, protects your investment, and contributes to the overall well-being of the community. In this blog, we’ll explore the consequences, risks, and importance of obtaining a permit for your deck project.
Legal Consequences: Permit-less Deck Construction in Victoria
So, what happens if you build a deck without a permit in Victoria? The local authorities take permit requirements very seriously, and if they discover an unpermitted deck, you may face fines, orders to remove the structure, or even legal action. The size of the deck does not matter – even a small deck built without a permit can result in penalties. Navigating the permit process for building a deck in this area is crucial to avoid these legal troubles. Below are a few important points to note:
- Decks that are attached to the main home will always require a building permit, regardless of the size or scope of the project. This is a standard requirement that homeowners must follow.
- For detached decks, the need for a permit may still apply, even if the deck is considered a separate structure. This is because some councils may categorise detached decks as part of the overall property’s amenities, which would necessitate obtaining the proper permits.
- The best course of action is to always check with your local council before starting any deck construction project. While the general guideline is to get a permit for most deck builds, the specific requirements can vary depending on your jurisdiction. Consulting with your local authorities will help ensure you navigate the permitting process correctly and avoid potential issues down the line.
Paying Fines
If you are caught building without a permit, you will face fines. The fine is calculated based on the scale of the project and the specific breaches. In rare circumstances, authorities may levy daily fines while work is underway. If the work is discovered after it has been completed, fines will still apply, and you may be compelled to acquire retroactive permits. Contractors and homeowners may both be fined for the same breaches, resulting in unnecessary additional costs.
Pausing or Demolishing the Project
Building inspectors have the right to interrupt your construction project until the necessary permits are secured. In more egregious circumstances, they may compel you to completely demolish the unpermitted project, ordering you to redo it with the necessary permissions. This not only wastes time and money but also emphasises the significance of adhering to proper permitting procedures from the outset.
Voiding Your Homeowner’s Insurance
Undertaking renovations without the necessary permits can also jeopardise your homeowner’s insurance coverage. If damage occurs due to the renovations, your insurance claim might be denied. This could lead to substantial costs, particularly in cases of accidents caused by faulty workmanship. Additionally, the lack of permits might negate your insurance benefits and expose you to liability issues.
Deterring Future Buyers
If and when you decide to sell your home, you are legally required to disclose any remodelling efforts. Buyers may be wary of properties with unpermitted work, which can prevent them from making bids or result in lowball offers. The lack of permissions may also raise questions about the quality of work and long-term consequences. In some situations, you may be forced to seek licenses retroactively before proceeding with the transaction, incurring additional costs and problems.
Being Unable to Get Proper Appraisals
Unpermitted renovations might have an impact on the value of your home. When refinancing or selling a house, accurate appraisals are critical. Unpermitted modifications may not be included in your home’s square footage, resulting in incorrect assessments. This may influence your capacity to obtain loans or refinance your mortgage on favourable terms.
Penalties for Building a Deck Without a Permit in Victoria
The penalties for building a deck without a permit in Victoria can be severe. The specific penalties can vary, but they are designed to discourage unpermitted construction and ensure the safety of the community.
Under the Building Act, a person must not carry out works unless a building permit in respect of the work has been issued. The penalty for carrying out building works without a permit or in contravention of a permit is 500 penalty units for an individual and 2,500 penalty units for a company.
As of 1 July 2024, a penalty unit is now set at $197.59, so a total maximum penalty for this contravention amounts to $98,795.00 for an individual and $493,975.00 for a company.
Seeking Professional Guidance: Permit Requirements for Deck Projects
If you’re unsure about the permit requirements for your deck project in Victoria, it’s a good idea to seek guidance from a local building professional, such as a licensed contractor or architect. They can help you navigate the permit process, ensure your deck design meets the necessary safety standards, and avoid any potential legal issues.
In Victoria, a building surveyor will typically require several pieces of information and documentation to approve a permit. Here’s a general list of what might be needed:
- Detailed Plans: You’ll most likely need to provide complete drawings for the deck, including measurements, materials, and structural information. These plans should adhere to applicable construction norms and standards, such as the Building Code of Australia (BCA).
- Site Plan: A site plan illustrating the proposed deck’s location in relation to existing structures, property boundaries, and any other pertinent site features.
- Engineering Specifications: When the deck is higher than 1800mm above the ground, engineering specifications or structural calculations may be required to ensure the appropriate strength and stability.
- Compliance with Regulations: Ensure that the proposed deck complies with all applicable standards, including setback requirements, height restrictions, and any municipal planning overlays or building regulations.
- Access and Egress: Consider access and egress to and from the deck, as well as any necessary safety measures such as stairs and handrails.
- Other Approvals: Depending on the circumstances, you may require approvals from additional authorities, such as Town Planning through the local council, Build-Over Easement approvals, or the Water Authority.
- Project Costs: If your project costs more than $16,000 to build, you will need to obtain VBA Owner Builder Consent or provide a signed Contract with a Registered Builder who is eligible to do larger projects.
Navigating the Permit Process for Building a Deck in Victoria
Obtaining a permit for your deck project in Victoria may seem like a hassle, but it’s an essential step to ensure compliance with local laws and regulations. However, not all building projects require a building permit. Possible exemptions may include:
- Some minor alterations or demolitions
- Pergolas associated with houses
- Some garden sheds with a floor area of less than 10m2
- Repair work for maintenance purposes.
How to Apply for a Building Permit
Before applying for a building permit, you need to appoint a registered building surveyor. You apply for a building permit through your building surveyor.
You may appoint an agent to apply for a building permit for you. However, you must first authorise them in writing to make the application on your behalf. If you have authorised another person to obtain a building permit on your behalf, you should check the relevant documentation and building permit before any work begins. You should avoid signing any blank forms authorising others to represent you.
A building permit can be obtained from a registered private or council building surveyor. The building surveyor will charge a fee to assess your application and either:
- Grant the building permit
- Request changes to ensure the plans and specifications comply with building regulations
In conclusion, building a deck without a permit in Victoria can have serious consequences, including fines, orders to remove the structure, and legal action. To protect yourself, your family, and your property, it’s crucial to obtain the necessary permit before starting your deck project. By following the proper procedures and ensuring your deck meets the required safety standards, you can enjoy your new outdoor living space with peace of mind.
