When do you need an asset protection permit in Melbourne?

Planning an extension, new home, restump or demolition in Melbourne? Get a quote or call 03 7048 4006, and send your plans and the name of your council.

What is an asset protection permit?

An asset protection permit is a council permit that protects public assets next to a building site, such as footpaths, kerbs and drains, from damage during building or demolition work. The City of Boroondara lists the assets its permit covers as footpaths, nature strips, vehicle crossings (the strip of driveway that crosses the footpath and nature strip), kerbs, channels, drains, roads and laneways, and parks, gardens and reserves. Glen Eira also names trees and signs.

The permit protects owners too. The Australian Business Licence and Information Service (ABLIS) listing for Monash says it protects owners and builders against paying for damage that was already there. Merri-bek warns that owners are responsible for damage to its assets "even if the damage is caused by your builder, contractor or sub-contractor".

When do you need an asset protection permit in Melbourne?

You need an asset protection permit before building or demolition works start, but each Melbourne council sets its own trigger. Whitehorse notes that its local law "may be different from the local laws in other municipalities" (Whitehorse Community Local Law), so check the council for your property.

Council	When the council says you need one	Fee and bond listed by the council
Boroondara	Building works or demolition that may affect council assets	Application fee $354 and bond of at least $3,000 for minor works such as re-stumping or fencing; $528 and at least $5,000 for medium works such as extensions or pools
Darebin	Any project that needs a building permit, including demolition	Fee and bond vary with the scope and budget of the works
Glen Eira	Building or demolition works, except minor works under $5,000, with no masonry or demolition, that don't need a building permit	$400 permit fee; bond of $2,000 for a single-frontage residential lot or $5,000 for a corner lot
Merri-bek (named Moreland until 2022)	Building works over $5,000, plus separate permits for demolition, underpinning, re-blocking and removal of buildings and structures at any value	2026/27 permit fees from $208.50 to $4,175, by type of work; the page lists no bond
Monash	Listed works including demolition, construction, renovation, restumping, excavation, landscaping and concreting; verandas, pergolas and decking only over $30,000	Fees plus a refundable security deposit, set in Council's fee schedule
Whitehorse	When a building permit has been issued or building or demolition works are proposed	An application fee and a security bond; additional bonds may apply for corner blocks, double frontages or multi-unit developments

Fees and bonds are as shown on each council's page in October 2026; check before you apply.

Whitehorse says owners or contractors must get the permit at least seven days before building work starts. Boroondara and Merri-bek say works can't start until you have received the permit, and Merri-bek processes applications within 5 full business days.

How do asset protection bonds and inspections work?

An asset protection bond is held while the works happen and refunded once a final council inspection finds the footpaths, kerbs, vehicle crossings and drains undamaged or properly repaired.

1. Record the condition before works. Darebin's first inspection records the condition of council assets before work starts and doesn't need you or your builder on site. Whitehorse's pre-inspection identifies existing damage, and you don't need to book it.
2. Add your own evidence. Whitehorse requires a pre-commencement report with photos of nearby assets such as the footpath, kerb, road, signs and trees. Monash recommends your own photographic evidence. Merri-bek recommends a dilapidation report or photos; without them, it assumes all assets were in good condition. Glen Eira says telling it about existing damage before works protects you from paying for that damage.
3. Protect the assets during works. Merri-bek may inspect the site during construction to make sure its assets are undamaged.
4. Restore the site and ask for the final inspection. Boroondara expects rubbish and building materials removed, damage repaired, and damaged nature strips levelled and seeded. Monash asks to be notified within 28 days of the works being completed. If a Whitehorse final inspection fails, the damaged area must be made safe straight away, and repairs should be completed within 45 days.
5. Get the bond back. Boroondara refunds the bond in full within 8 weeks if the site meets the permit conditions. Monash refunds its security deposit automatically after the final inspection if there is no damage.

How does an asset protection permit fit with the building permit?

An asset protection permit sits alongside the building permit rather than replacing it: the council issues the asset protection permit, and a building surveyor issues the building permit. The Building and Plumbing Commission (BPC), the trading name of the Victorian Building Authority (VBA), says any project that requires a building permit needs a building surveyor, municipal (council) or private. The surveyor issues the permit that allows work to start, carries out inspections, and issues an occupancy permit or certificate of final inspection at the end.

Stage	Building permit	Asset protection permit
How it starts	The owner (or their agent) appoints a private building surveyor, or applies to the council's municipal surveyor; a private surveyor must notify the council within seven days of being appointed	In Darebin, the surveyor's notice of engagement (which Darebin calls a "Section 80") starts the asset protection process
Before work starts	The building surveyor issues the building permit	Councils such as Darebin and Whitehorse inspect their assets first; Darebin says works can start only when both permits are in place
When work ends	Occupancy permit or certificate of final inspection	Darebin's final inspection follows either document; Whitehorse's needs the occupancy permit issued

Darebin's invoice for the fee and bond must be paid 7 days before any works start. Building it yourself? Our owner-builder guide explains why owner-builders still need a building permit and a building surveyor.

Asset protection rules in Victoria: local laws and penalties

In Victoria, asset protection permits are council rules, so the local law and the penalty depend on the council.

• Boroondara: Protection of Council Assets and Control of Building Sites Local Law 2021.
• Glen Eira: Community Local Law 2019. Starting building works without a permit is an offence under clause 15(1), and penalties of up to $2,000 may apply. Damaging council assets during works may also bring a penalty of up to $2,000, plus the full cost of repair or replacement.
• Merri-bek: General Local Law 2018. Council issues asset protection and road management fines for breaching a permit requirement, not getting a required permit, excavating outside a property boundary without approval, and failing to notify it that permitted works are finished.
• Monash: Community Safety and Amenity Local Law 2024 (named in the ABLIS listing). Monash says non-compliance with permit conditions may result in an infringement.
• Whitehorse: Community Local Law 2024, which covers asset protection permits under preventing damage to council property.
• Darebin: its page doesn't name a local law, but says a fine may be issued if works start without an asset protection permit.

When to call a structural engineer

Call a structural engineer when works that need an asset protection permit also need structural design, or will dig or drain near council land.

• Extensions, second storeys and new homes. The BPC says the building surveyor checks the permit application against the Building Act 1993, Building Regulations 2018 and National Construction Code. Our residential structural design page covers the structural drawings and calculations for it.
• Restumping, re-blocking and underpinning. Some councils require a permit for these works alone, as the table shows. Before choosing a fix, a structural inspection looks at the cracking, footing movement or sloping floors that prompted it.
• Excavation, retaining walls and basements near the front boundary. Monash lists excavation among the works that need a permit. Our retaining wall design page explains when a wall close to a boundary, or one carrying a driveway, generally needs an engineer.
• A new stormwater connection. Boroondara needs a separate Road Opening Permit to install or repair a stormwater connection, and Glen Eira an Asset Consent Permit to connect to its drainage network. Our civil and stormwater engineering page explains the legal point of discharge, where your stormwater must meet the public system.