Planning and building FAQs

If you are considering any kind of new building, constructing a fence, erecting a pergola or changing the use of a building, you may require a planning permit.

Certain uses, such as constructing businesses, gyms or restaurants may also require a planning permit.

Fees for planning permits are set out in the current Planning Regulations.

Fees will vary depending on:

• the proposed development of the site, and the estimated cost of works involved
• the proposed use/s of the site
• whether you are amending an existing application.

Download our planning fee schedule(PDF, 339KB).

The timeframes for planning decisions vary case by case and often depend on the complexity of an application. VicSmart permits are designed to be straight forward and will be processed in 10 business days once all issues have been resolved. For regular planning permits it is best to discuss with the planning team and gauge the typical timeframes for your permit type.

You need a building permit before you start any building work including:

• external work - extensions, verandas, garages and second storeys
• internal work - windows or walls to be moved or altered
• any new building
• demolition of a building
• change the use of a building - from warehouse to dwelling
• a fence
• construction of a swimming pool or spa
• minor structures such as carports, roller doors, and sheds.

You need to contact a private building surveyor to get a building permit. Here’s a list of Registered Building Surveyors or search Registered Building Practitioners for a builder and draftsperson to assist with your needs. 

For independence and neutrality, we are unable to provide details or recommend any particular draughtsperson or architect.

A planning scheme sets out policies and requirements for the use, development and protection of land. There is a planning scheme for every council in Victoria. For more detailed information on the Kingston Planning Scheme, and how it operates, please refer to the Planning Scheme User Guide.

You are also able to read the full Kingston Planning Scheme or view a hard copy of this at the Planning Counter at 1230 Nepean Highway, Cheltenham.

You may need a Planning Permit for an extension to house or unit if it exceeds the allowable size and density limits in the relevant planning zone.

To meet the definition of a dependent person's unit you must be proposing a movable building on the same lot as an existing dwelling. The building must be used to provide accommodation for a person dependent on a resident of the existing dwelling.

Provided your proposal meets this definition, and it is the only dependent person's unit on the lot, it is likely you won’t require a Planning Permit.

You will need a Planning Permit to:

• Construct one (1) dwelling (house) on a lot less than 300m2 in area
• Extend a dwelling (house) on a lot less than 300m2 in area.

This is in accordance with Clause 32.08 (General Residential Zone) of the Kingston Planning Scheme.

In many cases, Planning Permits and Approvals are issued subject to conditions which may require changes to the original plans submitted for assessment.

These changes are usually required under Condition 1 of the Planning Permit. When the amended plans are submitted in accordance with the Planning Permit, they are generally referred to as 'Condition 1 Plans'.

You can apply to amend previously endorsed plans by either a:

• Secondary Consent Amendment (minor modifications to endorsed plans that do not breach any conditions of the permit or what the permit allows)
• Amendment pursuant to Section 72 of the Planning and Environment Act (can include major changes and re-advertising of the proposal).

For more information on which method is more appropriate for you, please see Change my Planning Permit.

You can apply to extend a planning permit. An extension is not automatically granted.

For more information on applying for an extension, please visit the Extend my planning permit page. 

Your planning application may need to be presented at a formal council meeting for a decision.

Common scenarios that may go to Council Meeting include:

• large and complex development applications
• controversial developments
• applications that are not in accordance with local or state planning policies
• applications that are of interest to councillors
• applications located within a Green Wedge Zone.

If your planning application goes to a council meeting for a decision, it will be placed on an Ordinary Council Meeting Agenda.

Our recommendation will be considered by all councillors at this meeting, and a decision will be made.

We will issue a decision in accordance with the minutes from the Ordinary Council Meeting.

A certificate of title is a documented record of interests and rights affecting your land. It is issued by the Registrar of Titles to the person entitled to its possession which can be the registered proprietor, mortgagee or charge. Anyone is able to obtain a copy of title from the Titles Office.

The information included in a Certificate of Title confirms the location and dimensions of your land and any obligation affecting what can be done on or with the land.

A full copy of title will include a diagram or plan of the land and will identity any easement, restrictions, encumbrances, caveats and notice where these may exist.

A section 173 Agreement is an agreement made under section 173 of the Planning and Environment Act 1987. The agreement is made with an owner of land and Council (The Responsible Authority). The agreement usually sets out conditions or restrictions in relation to the development or use of the land. A section 173 Agreement is a legal contract and is registered on the Certificate of Title, ensuring it can be enforced similarly to that of a Planning Permit condition or Planning Scheme requirement.

To find out the size of your land look at our property information page.

Enter your address into the online tool and it will give you details about your property.

Details of easements on your land are included in the Certificate of Title, and associated Plan of Subdivision. Common easements include drainage and sewerage.

A Planning Permit is required for the removal of a restrictive covenant. All beneficiaries of the covenant must be notified. If a beneficiary objects to the removal, we must refuse the application as specified under Section 60(5) of the Planning and Environment Act 1987.

Zoning controls for the use of land are set out in the Kingston Planning Scheme.

Search the property address on the Property Information page to find out your planning zone and any relevant planning overlays.

You can get further zoning information from the State Government's online planning map.

Overlays apply in addition to the zoning and any other provisions of the scheme.

Overlays can relate to building heights, setbacks, vegetation and heritage controls.

Overlay information can be obtained from the State Government's online planning map.

If your land is in a Special Building Overlay (SBO) or Land Subject to Inundation Overlay (LSIO) you are affected by a flood overlay.

Because of this it is likely that you will require a Planning Permit for any buildings and works.

For more information on these flood overlays, please refer to our Land Subject To Flooding page.

You will receive a letter advising that your objection has been received.

For more information on the objection process, please refer to objection to a planning application.

Please contact our City Development Department on 1300 653 356 so we can investigate further.

If you are running a business from home, you must meet the requirements set out in the of the Home Based Business Ordinance of the Kingston Planning Scheme. If you do not meet these requirements, you may need a Planning Permit.

If you change the classification of a building or part of a building you may need a building permit prior to commencing works or occupying the building or space. Please contact the building team on 1300 653 356 for further information.

Advertising signage may require a Planning Permit. For more information on Planning Permit requirements for advertising signage(PDF, 40KB) in Kingston, and please refer to our Commercial and Industrial Permit page.