Occupancy Permit - Victoria


Occupancy permits are issued at the completion of building or renovating works, in relation to places of public entertainment, or for temporary structures, following an inspection of the works or site by a building surveyor.

An occupancy permit is required for all building work, except:

  • building work that the building surveyor considers to be minor
  • building work that the building surveyor considers does not affect the suitability of the building for occupation
  • Class 10 building, or an alteration to a Class 1a building
  • building work within a sole occupancy unit in a Class 2 or 3 building.

An application for an occupancy permit must be made to the building surveyor responsible for granting the building permit.

Public entertainment cannot be held in certain buildings or temporary structures unless an occupancy permit has been issued permitting its use for entertainment.

The building permit will state whether an occupancy permit is required for the building. When an occupancy permit is required the building must not be occupied unless the occupancy permit has been issued for the building.

An occupancy permit is evidence that the building is suitable for occupation. The occupancy permit specifies conditions to which the use of the building is subject including the purposes for which the building can be used, the maximum number of people that can be accommodated within it and essential safety measures that must be implemented.

Service type


A licence defines the need to obtain recognition / certification and registration to undertake a certain business activity.

Eligibility requirements

To obtain this permit you must:

  • ensure that the building is suitable for occupation from a safety perspective
  • lodge a completed form with the building surveyor who issued the building permit
  • pay any lodgement or approval fees.

An occupancy permit will not be issued unless the building is suitable for occupation, and a compliance certificate has been obtained for any plumbing work carried out in conjunction with the building work. Please note that particular requirements may apply to the type of building and the type of work carried out.

Please contact the Council or private building surveyor for further information.

Ongoing eligibility requirements

Periodic inspections may occur in relation to places of public entertainment to ensure compliance with occupancy permit conditions.

Any failure to comply may result in the permit being amended or cancelled.

A building surveyor may refuse application if additional information that has been requested is not supplied.


Fees Details for this service in table format.

Task Type Business Structure Amount Description
Apply Application All $337.50

Places of public entertainment. Fees for 2018-19.

Apply Application All -

For all other occupancy permits, please consult the responsible council for specific information on fees to be submitted with your application.

Act(s) name

Building Act 1993 VIC

Regulation(s) name

Building Regulations 2018 VIC

Administering agency

Benalla Rural City Council

Contact details

Contact Email, Phone and Address Details for this service in simple two column table format, header then data.

Building Team

Benalla Rural City Council

Operating address: 1 Bridge Street East
Benalla, Victoria 3672
Mailing address: PO BOX 227
Benalla, Victoria 3672
Phone: 03 5760 2600
Fax: 03 5762 5537
Email: council@benalla.vic.gov.au
Website: Benalla Rural City Council (Opens in new window)