Building Permits and the Kitchen Reno – What you need to know and what you should be asking!

The kitchen renovation is one of the most popular makeovers for the Australian home. This is no surprise given that the kitchen is the “hub” of the home, and how much do we Australians love entertaining! A concerning fact is how unaware many Home Owners, Builders and even Building Surveyors are when it comes to the requirement (or non requirement) of a Building Permit when undertaking the works. This article aims to clarify this point within the Victorian jurisdiction.

Under section 16 of the Building Act 1993 (Vic) “A person must not carry out building work unless a Building Permit in respect of the work has been issued and is in force under this Act and the work is carried out in accordance with this Act, the building regulations and the permit”. “Building Work” is then further defined under section 3 as “Building work means work for or in connection with the construction, demolition or removal of a building”.

Given how wide this definition is it is no wonder people get confused. “For or in connection with” could mean an array of works including what would typically be done when overhauling a dated kitchen.

Under the Building Regulation 2006 (Vic), Schedule 8 contains a description of building or building work exempt from requiring a Building Permit and/or Occupancy Permit.

Item 4 of schedule 8 provides for “Exemptions for Buildings and Building Work”. It further goes on to say the following are exempt from needing a Building Permit if the building works:

An increase or decrease in the floor area or height of the building; or

Underpinning or replacement of footings; or

The removal or alteration of any element of the building that is contributing to the support of any other element of the building; and

• “Will not adversely affect the structural soundness of the building, and does not include-

An increase or decrease in the floor area or height of the building; or

Underpinning or replacement of footings; or

The removal or alteration of any element of the building that is contributing to the support of any other element of the building; and

• Will not project beyond the street alignment; and
• Will not adversely affect the safety of the public or occupiers
  of the building; and
• Is not work carried out on, or in connection with, a building
  included on the Heritage Register within the meaning of the
  Heritage Act 1995; and
• Is not work in relation to, and will not adversely affect, an
  essential safety measure within the meanings of Subdivisions 1 and
  2 of Division 1 of Part 12”

Generally a kitchen renovation will not adversely affect the structural soundness of the building and usually works will comply with Item 4, Schedule 8 (a)-(e) of the Regulations, therefore a Building Surveyor and Building Permit in most circumstances are not required. However, one needs to be asking what exact work is to be completed? As without this knowledge it may be impossible to determine if a Building Permit is required.

Kitchen renovations involve works such as kitchen joinery, installing new bench tops, new sinks, installing appliances such as fridge, oven, stove top, dishwasher, and tiling surfaces. Unless these functions effect the structural soundness, change the floor area, affect the safety of occupiers/public, or if the home falls under the Heritage Act 1995 or where Essential Safety Measures are adversely affected relating to the particular site, then it can be safe to assume that a Building Permit will not be required.

The Building Commission practice notes give direction on discrete points that can cause confusion, such as this. Practice note 32 states –

“Replacement of an existing kitchen that does not involve any structural work –

Building Permit not required providing it is not in relation to a building included on the Heritage Register, as there would generally not be any adverse affect at any stage”.

Often builders performing kitchen makeovers may have a limited building registration that does not allow for structural work to be undertaken. Home owners need to be aware of the registration restrictions (if any) that their builder may have. If circumstances were to arise when a Building Permit was necessary then one must endeavour to ensure that their builder is registered to complete the work pertaining within the Building Permit.

For kitchen renovations, a Building Permit would not generally be required to be issued from a Building Surveyor, given the scope of works undertaken within the “typical” kitchen renovation. However, this discrete point must be addressed with each and every job, as various circumstances may see the need for a Building Permit arising.

We recommend that you refer to the Building Act 1993, Building Regulations 2006 and Building Code of Australia when determining the need or otherwise for a Building Permit in Victoria. For further advice relating to individual sites and compliance please contact Lovegrove Solicitors to discuss.