Thinking about building a new deck? Not sure if you need to get a permit for it? Don't know which permit you need? Are you working with a landscape designer on your deck & garden and they’ve asked you to get the permits?
Whether you are building the deck yourself, getting a carpenter to do it or building a deck as part of a new landscaped garden, there are two types of permits that could apply to your deck. One is a planning permit. The other is a building permit.
Sometimes you will need both a planning permit AND a building permit. But almost always you will need at least a building permit (with one very rare exception explained later in this article.)
We hope this article helps you understand not only why you DO need a permit for your new deck but also the process involved in getting one.
Why do I need a permit at all?
The primary reason you need any permit for your new deck is pretty simple. It can be summed up in one word – safety!
The last thing you would ever want to happen at your home would be for someone to be injured or hurt if your new deck collapsed or if the railing gave way.
For this reason alone, despite the hassle involved in getting one, permits for decks are, in our opinion, actually a very good idea.
Now depending on which part of Melbourne or the Mornington Peninsula you live in, before you get a Building Permit, you may also need to obtain a Planning Permit for your new deck. This article only looks at a Building Permit but here is a a simple explanation of the differences between the two types of permits.
A planning permit is a legal document that gives you permission to use land for a certain purpose. So a planning permit for a deck effectively checks whether or not you are allowed to build any deck at all on your land. It does not go into the specifics of the deck itself.
A building permit however relates to the construction of your specific deck and examines whether it should be allowed to be built based on the specifications and/or design submitted.
What does my permit cover?
When you first start thinking about a deck, you might think it’s a fairly simple structure. It is, but there are many factors that go into making a deck as solid and safe as possible.
Some of the things that your Building Permit for you deck may consider include:
- Different sizes, styles and types of decks
- Construction methods
- Footings/foundations/support beams
- Timber selection
- Guardrails and handrails
- Steps
- Bushfire safety
- Environmental impacts
- Installation practices
If you realise that a deck is a built structure, you will understand why it’s important to examine all these factors when granting a permit to build it.
Without the right foundations or support beams or without choosing the right timber, your new deck could be structurally unsound.
Building permits apply to all types of decks
If you’re building a simple deck, you might ask “Do I really need a building permit for that?” Especially if it's a low-level deck that is just one step up from the ground and doesn’t have any railings. These types of decks are very common and just like a kind of raised platform, you step out on directly from your sliding back door.
The regulations state that even a simple deck like this still requires a building permit if the deck is attached to your house.
Now you may be wondering if there any exceptions to you requiring a permit for a deck. There is as detailed below.
Decks are normally attached to a dwelling or swimming pool, but they can also be freestanding. They are defined as an ‘outdoor living space’. A typical deck uses a structural subfloor (a weightbearing supportive structure) therefore a building permit is required. If you are simply laying timber slats directly onto a surface (such as concrete or soil) this is not generally considered to be a deck because you are not building a supportive structure.
However, there can be some grey areas regarding defining what a deck is and whether a building permit is required. If you are building something yourself that could be considered to be a deck, you should seek advice from your local council. If we are building it for you, we will assist you with the whole permit system.
It's vital that you check with your local council before assuming you DON'T need a permit.
When you think about it, it doesn’t matter whether your new deck is a low-level one or a very high-level one, all decks share many construction features in common. This is especially true of the foundations they are built on.
All decks are built on posts. And posts need to be properly and stably put into the ground so as to ensure that they provide a firm foundation for the deck. All decks also have beams and joists that provide the base of the platform on which the decking timbers are added. And all decks have planks that go across the joists to create the deck that you walk on.
No matter how low the deck, if any of these collapsed someone could get seriously injured or even killed. So that’s why there are rules and regulations about the construction of even the lowest level deck and why you need a permit for every type of deck.
What standards do building permits ensure?
The reason for building permits is to make people adhere to standards. They force the person applying for the permit to submit plans of the deck in advance so that an appropriately qualified person can check if it’s been designed under the guidelines for decking. These guidelines exist to ensure the deck will stand up to normal use and not collapse.
The permit makes the builder of the deck accountable and responsible. It forces them to consider the safety aspects of the deck in regular use. All of which is a good thing.
After all, no one wants an unsafe deck built, particularly a raised one that is fairly high off the ground.
Choosing the wrong materials; using the wrong construction methods; all of these can have terrible consequences.
A deck is meant to be a place of enjoyment and fun, where people can relax. You wouldn’t be able to relax on your deck if you had any doubts about the safety of it, would you?
What the permit examines.
Your building permit looks at a lot of aspects of your new deck based on the plans and specifications submitted.
It checks whether the footings will be strong and stable enough to hold the main posts in place and whether they will prevent the posts from moving sideways. (The posts are what holds the entire deck up, so you need them to be strong and stable.)
It also examines the proposed beams and joists which are the cross supports that run between the posts and form the base for the decking planks to sit on. It considers whether they are of the right strength and thickness and whether they will be fastened to each other the right way to ensure a solid, stable construction.
It asks, will the deck be built from an appropriate type of timber or other material? Is it strong enough? Will it resist rot & decay and insects like termites? How likely is it to burn during a bushfire?
It considers how strong any railings around the deck will be. Can people lean against them safely? Are the handrails for the steps strong enough? Can people safely walk up and down the steps without them collapsing?
It even considers how many people could safely stand or walk on the deck together and whether heavy items like giant pot plants or water features are likely to make the deck collapse.
The permit may also examine any relevant local planning zones and overlays and whether the deck provides for adequate ventilation and drainage.
And finally, it looks at what construction and installation methods are being used to see that the deck will hold together OK over normal use.
Applying for the Building Permit.
Depending on which council area you are in, you may also need to obtain a Planning Permit first before you apply for your Building Permit. (They are very different as explained above.)
The good news about permits is, that if you have engaged a Landscape Designer like ourselves, we will handle all the permits for you.
If you are applying for the permit/s yourself, you will need to follow whichever guidelines your local council applies.
To obtain the Building Permit you will generally need to:
- Read the Building Permit Application Checklist
- Follow the instructions advised by the Checklist
- Complete the Application for Building Permit
- Lodge the application form along with any fees and supporting documentation
Additional steps you may need to take
When applying for a Building Permit for your new deck, some councils may also require you to do some additional preliminary checks, such as:
- Checking if the deck will involve removing, pruning or carrying out works near a protected tree
- Checking for any 'overlooking issues' which may be trigged if you are able to stand on your raised deck and look over a neighbour's fence for example.
- Checking if there are any easements on your property and if the deck will extend over one of these
- Checking if your property has a Heritage Overlay which can affect what you can and can’t do to the property
- Checking if your property is Land subject to Inundation, Public Acquisition or Special Building Overlay
- Checking if your property is in a Non-Residential Zone or if there are any other overlays that may affect your property
All this can sound like a lot of additional steps to take. But this is one of the reasons why it’s such a good idea to get your new deck constructed through a Landscaper who is also a Registered Building Practitioner.
At Whyte Gardens, when we design a deck as part of your new garden we take care of everything. And when we say EVERYTHING, we mean it. So we will handle the entire process of getting your permit for your deck, and any other construction that requires one – such as a pergola, in-ground swimming pool, etc
We also take care of any other permits or testing required such as soil testing, arborist testing etc.
Our goal is to make the process as smooth as possible and take all these annoying problems away from you. That’s part of what you are engaging us for.
If your plans for a new deck are part of a garden makeover that you are considering, please feel free to discuss your ideas with us. You can book a free, no-obligation consultation call with one of our designers to discuss your ideas.
