Council Approval Guide for Landscaping in Melbourne

Understanding Building Permits for Landscaping

In Victoria, building work is regulated by the Victorian Building Authority (VBA)under the Building Act 1993 and the Building Regulations 2018. Most garden planting, mulching, and minor garden work does not require a permit. However, structural landscaping work — including retaining walls, decking, pergolas, and fencing — may require a building permit depending on the size, height, and location of the structure.

A building permit is different from a planning permit. A building permit ensures the work meets structural, safety, and amenity standards. A planning permit is required when work affects the character of an area, particularly in heritage, environmental, or design overlay zones. Some projects may require both.

When You Need a Building Permit

Retaining Walls

A building permit is required for retaining walls that are over 1 metre in height from the lower finished ground level. Walls near property boundaries or supporting surcharge loads (such as a driveway or building above) may require permits even at lower heights. Engineering design is typically required for permitted walls.

• Under 1m height, away from boundaries: generally no permit
• Over 1m height: building permit required
• Any height near boundaries: may require permit — check with your building surveyor
• Supporting a structure or driveway: permit likely required regardless of height

Decking

Decking generally requires a building permit when it is more than 800mm above natural ground level, is attached to a dwelling, or is within prescribed distances of a boundary. Ground-hugging, freestanding decks under 800mm are typically exempt.

Pergolas and Shade Structures

Pergolas attached to a dwelling or with a roof area exceeding 10 square metresgenerally require a building permit. Freestanding open-roof pergolas under 10m² may be exempt, but always check if you are in an overlay zone. Shade sails are typically exempt from building permits but may need a planning permit in heritage areas.

Fencing

Most residential fencing under 2 metres does not require a building permit. However, front fences in some council areas require a planning permit, particularly in heritage overlay zones. Pool fencing must comply with the Building Regulations and Australian Standard AS 1926.1 for barrier heights, gate latches, and non-climbable zones.

Driveways and Crossovers

A new or modified vehicle crossover (the section from the road to your property boundary) requires council approval. The driveway within your property generally does not need a permit unless it affects stormwater drainage to neighbouring properties.

How to Apply for a Building Permit

1. Engage a registered building surveyor— either a private building surveyor or your local council's municipal building surveyor. Most people use private surveyors as they are typically faster.
2. Prepare documentation— you will need site plans, construction drawings, engineering details (if applicable), and specifications. Your landscaper or engineer can prepare these.
3. Submit the application— the building surveyor reviews the plans against the Building Code of Australia and Victorian Building Regulations.
4. Receive the permit— once approved, you receive a building permit with conditions. Work must not commence until the permit is issued.
5. Inspections— the building surveyor will conduct inspections during and after construction to ensure compliance.
6. Final certificate— upon satisfactory completion, the surveyor issues an occupancy permit or certificate of final inspection.

Typical Costs and Timelines

Who Must Do the Work?

Under VBA regulations, structural landscaping work valued at over $16,000 (including GST and materials) must be carried out by a registered domestic builder. This includes retaining walls, decking, pergolas, and other structures. Work under $16,000 can be done by an unregistered builder, but they must still comply with building regulations.

Regardless of the value, all work requiring a building permit must meet the Building Code of Australia (BCA) and relevant Australian Standards. Using an unregistered builder for work over the monetary threshold is an offence for both the builder and the homeowner.

Melbourne Council-Specific Notes

Each Melbourne council has its own planning scheme that may impose additional requirements beyond state building regulations. Common overlays that affect landscaping include:

• Heritage Overlay (HO): Restricts materials, colours, and design of visible structures including front fences, retaining walls, and pergolas. Common in inner suburbs like Fitzroy, Carlton, and South Melbourne.
• Vegetation Protection Overlay (VPO): Requires permits to remove significant trees. Common in leafy suburbs like Eltham, Kew, and Boroondara.
• Bushfire Management Overlay (BMO): Imposes vegetation clearance requirements and restricts some plantings within bushfire-prone areas of the Dandenong Ranges, Eltham, and Warrandyte.
• Significant Landscape Overlay (SLO): Protects landscape character and may restrict earthworks, retaining walls, and vegetation removal.