Does VIC planning permits (Planning and Environment Act 1987) apply to construction (residential and commercial) businesses?

VIC planning permits (Planning and Environment Act 1987). The Planning and Environment Act 1987 (Vic) controls the use and development of land through planning schemes. Where a planning scheme requires a permit, the use or development must not start until a permit is granted by the responsible authority, which is the municipal council for land in its district unless the scheme names another person, or the Minister for land outside a municipal district (s 13).

Trigger: Proposing a use or development of land, including subdivision, that the planning scheme does not allow as of right; or carrying on an existing use or development that is subject to permit conditions or a s 173 agreement.

Rules Mate runs its applicability engine across 9 business structures and 6 size bands for each of the 35 industries it maps. For 34 of those industries the answer for "VIC planning permits (Planning and Environment Act 1987)" is no. Construction (residential & commercial) is one of the 1 where the answer is different: only if.

The deciding fact for construction (residential and commercial) businesses: Industry: Construction (residential & commercial); applies only if you propose development requiring consent or a permit.

About the industry: Builders, contractors, and subcontractors covered by the Building & Construction General On-site Award and high-risk WHS.

Compare a professional services (general) business with 6–19 employees structured as a Pty Ltd company: the obligation does not apply (Requires a trigger outside this questionnaire).

Each cell is the engine's outcome for a business in construction (residential & commercial) with that structure and size, assuming it sells to consumers and small businesses and holds customer contact details. "Check" means the obligation turns on a fact the industry does not settle.

When due

Before the use or development starts; then continuously for as long as the permit conditions or s 173 agreement apply. Start within the time the permit sets (3 years by default) and complete a development within its time (5 years by default) or the permit expires.

Evidence to keep

Planning permit and endorsed plans; evidence that each permit condition has been met; records of the permit's start and completion dates against s 68; s 173 agreements; documents supplied to the responsible authority (false or misleading information is a separate offence under s 126A).

Maximum penalty

Where no other penalty is set, an offence against the Act, including s 126, carries up to 1,200 penalty units or 10 years imprisonment for a natural person and up to 6,000 penalty units for a body corporate, plus up to 120 penalty units (natural person) or 600 penalty units (body corporate) for each day a continuing contravention continues after conviction (s 127). A responsible authority can also seek a civil penalty order (Division 2C) or issue a planning infringement notice (s 130)

Regulator

See source

Jurisdiction

VIC only

• NSW development consent (Environmental Planning and Assessment Act 1979): Only if
• QLD development assessment (Planning Act 2016): Only if
• Asbestos management — workplace + dwelling rules (state): Yes
• Building work — comply with National Construction Code (NCC): Yes
• Comply with NSW Design and Building Practitioners Act 2020: Only if
• Comply with the respirable crystalline silica workplace exposure limit (0.05 mg/m³): Yes
• All 31 answers for construction (residential & commercial)