Building & renovating / MORNINGTON PENINSULA
Shed, deck, pergola or carport: which permits do you need?
Start with the building-permit size and siting rules, then check the planning controls and site constraints before buying a kit or accepting a quote.
Put the size and position on one sketch
Add height, roof type, boundary distances and ground changes. Use the brief to ask about the particular exemption or approval you still need to resolve.
Prepare a project enquiry →A small shed or open pergola can qualify for a building-permit exemption. A structural deck or roofed verandah generally needs a building permit. Size alone does not settle the question: attachment, height, materials and position also matter, and planning permission is a separate check.
Use the table to identify the likely building pathway. Then put the proposal on a sketch with your property’s zone, overlays, trees and easements. That gives Council, a building surveyor or a supplier something specific to assess.
The building-permit starting point
| Proposed work | Building-permit check | What else to show |
|---|---|---|
| Freestanding shed, garage or carport up to 10 m² | A Class 10a non-habitable building may qualify under Schedule 3 item 1. Every condition below must be met. | Height, boundary distance, materials and position relative to the house. |
| Shed or carport over 10 m², or attached to another building | The small freestanding-building exemption does not apply. Arrange a building-permit assessment. | A site plan and the supplier’s drawings, including foundations. |
| Deck with a supporting structural floor | A building permit is required. Being low or small is not a general deck exemption. | Floor level, supports, attachment and ground changes. |
| Open pergola up to 20 m² and 3.6 m high | May qualify under item 16 if unroofed, or covered only with open-weave permeable material, and correctly sited. | The covering and how far it projects forward of the house. |
| Roofed verandah | A building permit is required. Adding a solid roof changes an open-pergola proposal. | Roof drainage, attachment and structural drawings. |
The BPC permit practice note explains the exemptions; its landscaping guide distinguishes a structural deck from timber laid directly on soil or a slab. If your proposal falls between those descriptions, give a building surveyor a section drawing rather than relying on its product name.
The small-shed and pergola conditions
For the 10 m² exemption, the shed must be freestanding and non-masonry. Its height cannot exceed 3 m, reduced to 2.4 m when within 1 m of a boundary. If it serves another class of building on the lot, it cannot sit forward of that building’s front wall. If it does not, it must be the only Class 10a building on the lot and sit at least 9 m from the front street alignment and 2 m from any side street alignment.
For a pergola serving a house, the exemption permits it no more than 2.5 m forward of the house’s front wall. In other cases it cannot extend forward of the building it serves. These conditions sit alongside the 20 m² and 3.6 m limits in Schedule 3, items 1 and 16.
Example: a 9.6 m² metal shed is proposed 0.8 m from a boundary and 2.6 m high. It meets the area limit but fails the 2.4 m height condition at that position. Ask the supplier and building surveyor about the approval pathway or a revised concept before ordering.
Check the Peninsula controls against the same sketch
A building exemption does not remove planning controls. DDO2 can affect siting, height, appearance and earthworks. EMO7 adds a different assessment of landslide-related work and drainage. Vegetation controls can affect clearing and work around trees.
Obtain the current property report and title instruments. Mark easements and known service assets. A supplier’s “permit-free” description or a neighbour’s similar structure is not evidence that your site meets each requirement.
Get a useful answer without commissioning everything
If the uncertainty is whether the structure qualifies for a building exemption, send its dimensions and drawings to a building surveyor. If the building type is clear but an overlay is unresolved, send Council the same sketch and identify that control. Ask what specific missing information would settle the question before buying a full report.
“The attached concept shows a freestanding shed, its height, boundary distances and proposed ground changes. Does it meet Schedule 3 item 1, and which separate planning or service-authority approvals remain to be checked?”
Before accepting the quote
For these projects, where the contract includes domestic building work and costs more than $10,000, an appropriately registered builder and major domestic building contract are generally required. That is a contract-and-registration test, not a permit exemption. Standalone planting or paving can be treated differently. Check the BPC explanation and Consumer Affairs contract guidance.
Identify who supplies drawings, engineering and applications; who handles requested revisions; and whether excavation, drainage, inspections and waste removal are included. AI can organise the facts or draft that enquiry. It cannot confirm the structure’s classification, design its supports or issue approval.
Put the size and position on one sketch
Add height, roof type, boundary distances and ground changes. Use the brief to ask about the particular exemption or approval you still need to resolve.
Prepare a project enquiry →