Consult this checklist only after using our Do I need a permit? tool. Show
Does the proposal involve any of the following? If yes, it is likely that you need a permit. Contact your regional office or apply online now.
When it comes to landscaping work around the home, sometimes it can be difficult to know when you can do-it-yourself and when you need to call in a registered building practitioner. Likewise, it might not always be obvious whether you need a permit, contract or insurance for the work. The information on this page will help clarify these issues. Landscaping work involves creating, modifying and maintaining outdoor spaces. It incorporates:
When you need a registered building practitionerSome landscaping work must only be undertaken by a registered building practitioner, while for other landscaping work this is not legally required. However, even when a registered building practitioner is not legally required, you may feel more confident using a practitioner who holds a suitable VBA registration. You must engage an appropriately registered building practitioner when:
Landscaping work is considered domestic building work when it is carried out in association with:
The following examples of landscaping work are not generally considered domestic building work when carried out under a contract limited only to these works:
This means a registered building practitioner is legally not required for those works, regardless of the contract price. The following examples of landscaping work are generally considered domestic building work:
Even when only a small component of the landscaping work incorporates domestic building work and the contract price is over $10,000, you will need to engage an appropriately registered building practitioner. Registered building practitioners who specialise in landscapingThe following registered building practitioners have specialist expertise relevant to landscaping work:
You can use our Find a practitioner register to locate registered building practitioners in your suburb. When you need a building permitThe following information provides guidance for whether a building permit is needed for common landscaping jobs. For complex projects or confirmation of all the requirements relevant to your circumstances, seek advice from your local council or contact us. Find out more at Planning and building permits. Decks are outdoor living spaces. They can be attached to a dwelling or swimming pool, or can be freestanding. Decks typically use a structural subfloor (a supportive structure designed to bear weight) and a building permit is required. Timber slats laid directly on a surface (such as concrete or soil) are generally not considered a deck because no supportive structure is in place. There can be some complexity when defining what a deck is and therefore if a building permit is required. If you are building something that could be considered a deck, you should seek advice from your local council or contact us. A verandah is a roofed structure typically attached to a home. Verandahs require a building permit. A pergola is an open structure that is unroofed. It may have a covering of open-weave, permeable material. A pergola does not require a building permit, provided it:
If constructing a larger pergola, you will require a building permit. For more detailed information see our practice note: When is a building permit required? These structures are usually free standing and have a roof. A building permit is usually required. An exemption applies for very small structures where used as a non-habitable building (less than 10m2). For more detailed information see our practice note: When is a building permit required? A building permit is required for all retaining walls that are:
Small retaining walls that do not meet this definition may not require a building permit. For confirmation, seek advice from your local council or contact us. Where external stairs and ramps are built in conjunction with the construction, renovation, alteration, extension or improvement of a home, they will typically require a building permit. External stairs and ramps may not require a building permit where they are independent to a retaining wall or dwelling (for example, stairs or ramps in a garden). Determining whether a building permit is required for stairs and ramps can be complex – for confirmation, seek advice from your local council or contact us. A building permit is not required for constructing a driveway or laying paving. However, because there is a risk that incorrectly laid paving can cause water damage to your house, it is a good idea to use a registered building practitioner for this work. You should be aware that in some cases driveways or paving work may interfere with plumbing work (such as drainage). Be mindful of whether the proposed work impacts or redirects water flow. You can seek advice from your local council or water authority about specific requirements in your suburb. Cubby houses and play equipment used for children's play do not require a building permit. However, a structure with a different purpose (such as to accommodate sleeping) would need a permit. Ornamental ponds and water features do not require a building permit – provided the intended use is ornamental only. If connection to mains water or a drain is required, this is plumbing work and you will require a licensed plumber. Ornamental ponds and water features have different requirements to swimming pools and spas, which require a safety barrier and building permit. Be aware that any structure containing water may pose a risk of drowning – even if a safety barrier is not legally required. You do not require a building permit to undertake this work. A building permit is required for most fences. Exemptions apply to some fences, for example:
For more information on when building permit is not required, see our practice note: When is a building permit required? (PDF, 222.01 KB) When you need a contractIf the contract price of the domestic building work is over $10,000 then a major domestic building contract is required and you must use a registered building practitioner. Where landscaping work is to be carried out in stages under separate contracts, the initial agreement and subsequent contracts are considered a single contract for the purpose of the Domestic Building Contracts Act 1995. For further information on contractual requirements, visit Consumer Affairs Victoria. Insurance requirementsWhen the cost of the domestic building work is more than $16,000, domestic building insurance must be provided. Find out more at Insurance for building and plumbing work. Can I build a pond in Tennessee?Any pond or lake larger than one acre in the state of Tennessee has to have a permit from the Tennessee Department of Environment and Conservation; any pond or lake regardless of size that impounds, or flows into, a stream has to have an Aquatic Resources Alteration Permit.
Can you have a pond in Maine?You may need a permit depending on where the pond will be located. If you can build the irrigation pond in upland or an isolated fresh water wetland, generally, you will not need a permit from the DEP*. However, building a pond in or near (within 100 feet of) a river, stream, or brook will need a permit from DEP.
Can I build a pond on my property in Minnesota?A landowner can contact a DNR wildlife manager for information on how to construct a wildlife pond in a way that would be attractive to wildlife. The DNR does not pay individuals for constructing wildlife ponds on their private property. Local units of government may also have requirements for excavations.
Can I build a pond on my land in Wisconsin?A General Permit is available for Landscape Ponds, Stormwater Ponds, and Wildlife Ponds. You will need to meet the design criteria and conditions of the permit you are applying for. These can be found with each permit application packet.
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