What type of landscaper will I need for my new garden project?

Are you planning some major works on your garden? Are you wanting to completely renovate it or even create a whole new garden from scratch? Have you got ideas for a new deck, pool, pergola, outdoor kitchen, or other item that will require significant construction work?

You are probably already aware you will need a landscaper for any large scale garden project. But what sort of landscaper will you need? Is it just someone to design the garden or will you need someone to take the whole project through from concept to construction?

With 30 years of experience in landscape design and construction under our belts, we can help clarify all of this for you.

Truth is, it's not just a case of personal choice as to what type of landscaper you will require to work on your new garden project or not. Depending on what you have in mind for your garden and the level of works you have planned, it's also becomes a matter of what the Building Regulations say. 

This is because many of the tasks you may engage a landscaper to do for you can involve what is called “domestic building work”. For example decks, pergolas, verandahs, outdoor kitchens, retaining walls, fences, etc can all be classified as “domestic building works”. In many cases, if you are getting any of these works done by a landscaper then you will need to ensure they are also a Registered Building Practitioner. Or ensure they hire one to do the work for them. But it all comes down to budget and the type of works you have planned. (See below for more clarification.)

We hope this article helps you understand why you are most likely to require a Landscaper who is also a Registered Building Practitioner if you are considering any major landscaping works.

What are “Landscaping Works”?

Landscaping works are generally classified as any works that involve creating or modifying any outdoor spaces in a domestic home and garden. 

Landscaping works also involve any maintenance work on these same outdoor spaces. (Of course you wouldn't normally consider mowing the lawn or pulling up some weeds as landscaping work but other major maintenance work can be.) 

Landscaping work normally incorporates at least one of the following elements:

• the natural elements of your garden, such as the elevation and shape of the land your garden is on
• the botanical elements of your garden, such as your lawn, plus any plants or trees
• any hardscapes in your garden, such as decks, patios, paths & driveways, retaining walls, water features, etc

The first two items are called the softscapes - the ground your plants are growing in and the plants themselves. Anything built or constructed is called a 'hardscape'.

When you don't really need a landscaper.

Obviously there are many things that you can do yourself around your garden that don't need you to engage a landscaper.

Planting trees and shrubs, digging a new garden bed or even putting up a new cubby house of play equipment are things most people can do themselves.

Technically you can also install ornamental ponds and water features yourself, but, we would always recommend involving a plumber in these types of installations.

Some paving and paths you could also do yourself, but again, if it's more than a small path or a few paving stones, probably best to get some professional help.

But there are many instances when you not only have to engage a landscaper but you also have to make sure that they are additionally a Registered Building Practitioner.

When you MUST use a landscaper who IS also a registered building practitioner. 

Some landscaping work can be undertaken by a landscaper who is NOT a Registered Building Practitioner so long as the project does NOT involve what are called "domestic building works". (However, you may feel a little more confident if you do engage a landscaper who does hold the appropriate registration.)

However when both of the following two conditions apply, any landscaping work you plan on doing MUST be done by a landscaper who IS also a Registered Building Practitioner:

•  When the contract price of the planned works will exceed $10,000 AND
•  When the work is classified as domestic building work.

What are "domestic building works" in landscaping?

Many of the things listed previously are NOT classified as domestic building works. For example, planting your garden, putting up play equipment or cubby houses, etc 

Here are some examples of landscaping works that ARE generally considered to be domestic building works:

•  building a verandah around your home
•  building a pergola attached to your home
•  any decks associated with or attached to your home
•  any retaining structures such as retaining walls, etc
•  any fencing which requires a building permit

The key to understanding the guidelines.

The two rules above about the $10,000 contract and the term "domestic building works" are the keys to understanding when you do need to engage a landscaper who is a Registered Building Practitioner.

In cases where you are getting a lot of planting and some softscaping of the garden done, even if only a small component of the landscaping work incorporates domestic building work, (such as a small retaining wall) if the TOTAL project price exceeds $10,000 you will need to engage an appropriately Registered Building Practitioner.

But if you didn't need a retaining wall in the previous example, even if all your planting work and softscaping etc exceeded the $10,000 contract price, you would not legally require a landscaper who is a Registered Building Contractor. (Now it still might be a good idea to use one but that's another story.)

So the simple rule is - are you undertaking domestic building works and/or other landscaping works that will exceed $10,000 in cost? Then you need to engage landscaper who IS a Registered Building Practitioner.

If the cost of the works does NOT exceed $10,000 then even if you are undertaking domestic building works, then you DON"T need to engage a landscaper who is a Registered Building Practitioner.

Examples of when you DO and DON'T need a landscaper who is a registered building practitioner

Example 1.

You are bringing in some really expensive, mature plants for your garden, including a giant Japanese Maple feature tree. The contract price exceeds $15,000 but you are not doing any other construction work, only planting the garden. Because planting alone is not classified as domestic building work you would not be required to use a landscaper who is a Registered Building Practitioner even though your budget exceeds $10,000.

Example 2.

You are putting up a new front fence. It's a simple picket fence that will cost you around $8000. You are not having any other landscaping work done at the same time. Generally, a new fence is considered to be domestic building work but because your contract price does NOT exceed $10,000 then you are NOT required to use a Registered Building Practitioner. (But we would recommend a good fencing contractor). 

Example 3

You are getting a new small, low deck built that will be attached to the rear of your house. You are also getting all the existing garden dug up and new garden beds created and a new lawn planted. The deck price is only $4500 which means it is below the $10,000 threshold, however as it is attached to your home it is considered to be domestic building work. But at the same time, you are getting all the gardening work done and you are using the same contractor for that as well. The planting and new lawn exceed $9000 so that pushes the contract total well past $10,000 therefore you will have to use a landscape gardener who is a Registered Building Practitioner

Example 4

You are getting a new driveway put in. At the same time, you want to create a new path from the driveway leading to the house and create new garden beds along the path. Because of this and the slope of your block, you will need to create a retaining wall. The driveway and path on their own would not normally be required to be done by a Registered Building Practitioner, even if they exceeded $10,000 but because the retaining wall is considered to be domestic building work and it adds a further $3500 that puts the whole budget well over $10,000 so you will be required to use a Registered Building Practitioner

The simple rule is to always consider both your total contract price AND whether or not there are domestic building works as part of the project. 

• If you're over $10,000 and there are domestic building works involved, you must use a registered building practitioner.
• If you're under $10,000, even if there are domestic building works involved then a Registered Building Practitioner is NOT legally required. (However, we would always recommend it.)

Understanding why landscapers can be Registered Building Practitioners

At Whyte Gardens, we are a landscaping company who is also a Registered Building Practitioner.

Our specific registration is for:

• Domestic Builder (Limited to the construction of structural landscaping)

This is the broadest registration granted to us by the Victorian Building Authority (VBA). It allows us to be involved in constructing a wide variety of structural landscaping elements ranging from decks to pergolas to retaining walls and outdoor kitchens, etc

But there are other different categories of registration for builders who specialise in particular types of construction such as:

• Domestic Builder (Limited to the construction of gates & fences)
• Domestic Builder (Limited to the construction of retaining walls)
• Domestic Builder (Limited to the construction of non-habitable building structures such as private garages and carports, sheds, cabanas, gazebos and shade structures)
• Domestic Builder (Limited to the construction of shade structures)
• Domestic Builder (Limited to earthworks and excavation work) – this is required for large-scale excavations.

We would always recommend that you choose the right specialist for each job you are considering. So if you are only getting a fence done, choose a builder registered for that. If you’re only getting a garage or carport done, get someone registered to build those.

Obviously if you are getting a gazebo built, don't use someone who is only registered to build retaining walls. Or if you're getting a fence and gates built, don't use someone who is only registered to construct shade structures.

But if you are undertaking major landscaping works that involve a number of different Domestic Building Works as described above, always choose a Landscaper who is also a Registered Building Practitioner like Whyte Gardens.

If in doubt, always ask to see your landscapers' VBA registration certificate. If they are legitimate they will be happy to show you. If they don't want to show you their registration certificate, you might have cause for concern.

We hope this article has clarified for you exactly the circumstances in which you MUST use a landscaper when undertaking works around your house and exactly what type of projects require them to also be a Registered Building Practitioner. If you need any further clarification please do not hesitate to contact us by phone or email.

We are more than happy to answer your questions or refer you to the source of an answer.