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Do I need a building permit for my deck?

As a registered builder, one of the most frequent questions I get asked when looking at timber decks is “do I need a building permit?”

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Purple Building Group is a timber deck builder in Eltham, Diamond Creek and throughout North East Melbourne

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The short answer is Yes. Yes you need a building permit for a deck being built in Melbourne…….If it is classified as building works.

If the timber decking is not being used as a entertainment, seating area or the like, you may be able to present it as landscaping and have it exempt from a Building Permit. This should be discussed with a relevant building surveyor.

If your decking is to be constructed over a concrete base, similar to current home designed alfresco type areas, then it is possible that you will not need a building permit for your timber deck. Height, over looking and boundary issues need to be considered.

Here is a link to a Victorian Building Authority Balcony, Deck and Balustrade Safety Guide and also the Victorian Building Authority, Building Practice Note BP01, When is a Building Permit Required. Which was updated in December 2023.

Page 5 specifically refers to Decks.

Building Regulations 2018, Schedule 3 refers to Building work exempted from building permits

There is some confusing legal speak in there. If you need further clarification, please reach out and if I cannot answer it, I will find out for you.

 Lets Break it all down…

“The stories you hear of dodgy decks always come from deck that has been built without a building permit.

Merbau Decking Around a Pool in Melbourne. Custom Bird of Paradise Plant cut outs on the deck

In my opinion the main issue with people not wanting to obtain a building permit for their timber decking is for any of the following reasons.

  •           Home owners feel it is a unnecessary cost.

  •           Home owners feel that it is unnecessary government red tape.

  •           Home owners feel that a timber deck is a small project and doesn’t need one.

  •           It is my house and I don’t need to ask for permission.

There may be other reasons out there but all the above are reasons I have come across first hand.

The biggest reason for you to get a building permit is for the level of protection it provides YOU!

A building permit for a timber deck in Melbourne is a document that offers you more protection than you know, and you should accept the power of warranties and longevity of protection. The whole premise of a building permit is for the consumer to have protection that the building structure is to be built to the relevant Australian Standards.

The building permit will ensure that the building practitioner that is carrying out the deck construction is registered and insured.

The building permit will ensure that appropriate documentation is completed to ensure the deck is built to current standards.

The building permit will ensure that the deck is independently inspected when the stump holes have been excavated, when the timber frame has been completed and when the job is completed. These independent mandatory inspections will ensure the timber deck has been built to the documentation and to Australian standards.

Purple Building Group can provide you contact details of a building surveyor where you can independently obtain a building permit and we can provide you with contact details of a draftsman, engineers and the like to have your project drawings completed.

We have a draftsperson who specialises in deck and pergola construction and we are happy to pass on the details. It’s a necessary building cost that should be looked at for the positives, not the perceived negatives. You don’t have to go through council for a building permit anymore, these can be done privately.

Its horrible to see people put money into poorly constructed decks.

Common mistakes I have seen when building timber decks without a permit

  •        Long timber spans causing sagging of the frame and decking timber

A deck should be designed using Australian Standard 1684, Residential Timber Framed Construction. If the parameters of the timber deck are outside the scope of AS1684 then an engineer should be engaged.

  •       Incorrect steps and step downs. Weather that be from the house to the deck, various deck levels or steps from decks to the ground.

The National Construction Code 3.9.1.1 states that the riser must be between 115-190mm and the going between 240-355mm

  •        Decks built to the property boundary without consideration for fire separation. National Construction Code Fire Separation 3.7.1

  •        Incorrect timber connection brackets and incorrect nails used to connect the brackets. Bracket nails are to be used, not clouts.

  •        Incorrect timber used for frame work, some will save money by using a indoor timber externally.

  • Check out Deck Builders Guide where I talk about treated pine.

  •        Indoor timber nails used instead of external galvinsed nails

  •        Incorrect stumps and concrete footings

 

Other issue that you need to consider.

When you sell your home you will sign a section 32 where it speaks of building permits. I will seek an update here from a conveyancer as the legalities of this space are outside of my knowledge scope, although it is something you should consider if you decide to go ahead with a timber deck without a building permit.

Neighbours. The Victorian Planning Provisions have a complicated piece of legislation which speaks of overlooking and private open space. It is something that many people building a deck fail to consider. How will the size, height, location of the deck affect your neighbours.

 

Despite additional costs, I highly recommend you get a building permit for a deck. With Purple Building Group you will get the following;

  •       Building Permit

  • Timber deck built to the specifications in the permit and relevant documentation

  •        A registered builder that is fully insured and will provide you with documentation.

  •        And most importantly you will have a deck that will last you and your family for years

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