You bought the apartment, the courtyard is great, and now you want to build a deck or put up a pergola. Before you call a builder, you need to understand which approvals you need. There are three separate approval gates in Victoria, and which combination applies depends on what you’re building and how you hold the courtyard.
This guide maps out every approval gate, gives you a project-by-project approvals matrix, and covers the “betterment trap” that can leave you paying for improvements that legally belong to the Owners Corporation.
The three approval gates
Gate 1: Owners Corporation consent
If the work affects common property — physically attaches to it, modifies it, or sits on it — you need OC consent under the Owners Corporations Act 2006. Most works require a special resolution (75% in number and 75% in value of votes cast at a properly convened meeting). Lighter modifications may be approvable by the OC committee under delegated authority if the OC rules allow.
Gate 2: Council planning permit
Local councils administer the Victoria Planning Provisions. A planning permit is required when the work triggers a permit under the applicable zone or any overlay. Common triggers include:
- Heritage Overlay — visible external changes
- Design and Development Overlay — new structures over a height threshold
- Special Building Overlay or Land Subject to Inundation — drainage works
- Vegetation Protection Overlay — removal of significant trees
- Neighbourhood Residential Zone — additional dwellings (rarely relevant for apartments)
Gate 3: Building permit
Building permits are issued by Registered Building Surveyors under the Building Act 1993 (Vic) and are required for most construction work, including decks above a certain height, pergolas, sheds over a size threshold, and any structural work. Some smaller works are building-permit-exempt under the regulations, but the permit-exempt category does not free you from the OC and planning gates.
The approvals matrix — projects × ownership types
This matrix shows which gates apply for the most common apartment courtyard projects, by how the courtyard is held. “OC” means Owners Corporation consent, “P” means council planning permit (if triggered by overlays), “B” means building permit, and — means generally not required.
| Project | On-title | Exclusive use | Lease | Licence |
|---|---|---|---|---|
| Pot plants, planter boxes | — | — | Check lease | Check licence |
| Garden bed (in-ground) | P (if VPO) | OC + P | OC + P | OC + P |
| Paving over existing surface | B (if structural) | OC + B | OC + B | OC + B |
| Low deck (under 800mm) | P (HO) | OC + P (HO) | OC + P (HO) | OC + P (HO) |
| Raised deck (over 800mm) | P + B | OC + P + B | OC + P + B | OC + P + B |
| Pergola (under 20m²) | P (HO) | OC + P (HO) | OC + P (HO) | OC + P (HO) |
| Pergola (over 20m²) | P + B | OC + P + B | OC + P + B | OC + P + B |
| Garden shed (under 10m²) | — | OC | OC | OC |
| Garden shed (over 10m²) | B | OC + B | OC + B | OC + B |
| Hot tub / spa | P + B | OC + P + B | OC + P + B | OC + P + B |
| BBQ kitchen (built-in, gas) | B (gas) | OC + B | OC + B | OC + B |
| Outdoor lighting (low-voltage) | — | OC | OC | OC |
| Outdoor lighting (240V) | B | OC + B | OC + B | OC + B |
| Replace fence (same height) | P (HO) | OC + P (HO) | OC + P (HO) | OC + P (HO) |
| Raise fence (taller) | P + B | OC + P + B | OC + P + B | OC + P + B |
| Enclose courtyard (roof + walls) | P + B | OC + P + B | OC + P + B | OC + P + B |
HO = Heritage Overlay. VPO = Vegetation Protection Overlay. Triggers and exemptions vary by council and by the specific overlay schedule — always check your property’s planning overlays on VicPlan before assuming a permit isn’t needed.
The OC consent process — what to expect
Most projects on common property (anything other than on-title) need an OC special resolution. The process:
- Submit a written application to the OC committee with plans and specifications
- Committee schedules a special general meeting (14–28 days notice)
- Vote at the meeting (75% in number and value of voters present)
- Resolution recorded in OC minutes
- Conditions attached (typically: lot owner pays, removes on lot owner’s exit, indemnifies OC)
Typical OC application costs: $300–$1,200. Plus your own costs of plans and engineering. The OC may require you to use a specific builder or insurance arrangement.
The betterment trap
Improvements built on common property are owned by the OC, not by you, even when they’re built at your cost on your licensed area. This creates four practical risks:
- Future variation of licence terms.If the OC later revokes or varies your licence, the improvements stay with the property — not with you.
- Resale recovery is uncertain. The improvement adds value to your unit, but a sophisticated buyer will discount the premium because they understand the OC ownership.
- OC repair obligations may attach.Once an improvement is on common property, the OC may become responsible for maintaining it under section 46 of the OC Act — meaning your levies fund the upkeep of your own structure.
- Insurance gap.Your contents insurance excludes fixtures on common property. The OC’s building insurance may exclude unauthorised improvements. Get this confirmed in writing before spending $20,000 on a deck.
Cost and timeline summary
| Project | Build cost | Approvals cost | Timeline |
|---|---|---|---|
| Low deck (15 m²) | $5,000–$12,000 | $1,200–$3,500 | 2–4 months |
| Pergola (open, 16 m²) | $4,500–$11,000 | $1,500–$4,000 | 2–5 months |
| Garden shed (compliant) | $1,500–$5,000 | $300–$1,000 | 1–3 months |
| Hot tub installation | $8,000–$25,000 | $2,500–$6,000 | 3–6 months |
| BBQ kitchen (built-in) | $8,000–$30,000 | $1,500–$4,500 | 3–6 months |
| Replace boundary fence | $2,500–$7,000 | $300–$1,200 | 1–3 months |
| Enclose courtyard (full) | $25,000–$80,000+ | $5,000–$15,000 | 6–12 months |
Approvals cost includes OC application costs, planning permit fees, building permit fees, surveyor and engineer fees where required, and legal fees for OC resolution drafting. The wide ranges reflect council variation (e.g. heritage overlays add 30–60% to permit timelines and costs).
How to get OC approval — practical tips
- Engage the committee early. A pre-application conversation with the OC chair eliminates 80% of application rejections.
- Offer indemnities upfront.Most OCs want you to carry the risk — agree to that in your application.
- Match the building’s aesthetic. Decks, pergolas and fences that match existing building materials are far more likely to pass.
- Document the existing condition. Photos taken before works start protect you from later disputes about pre-existing damage.
- Use OC-approved trades. Many OCs maintain a list of builders with current insurance and OC familiarity. Using one accelerates approval.
Insurance — closing the gap
Before you build, get written confirmation from both insurers about how the new structure will be covered:
- Ask the OC’s building insurer whether the improvement will be included in the OC building insurance (and at what additional premium).
- Ask your contents insurer whether the structure can be added as a fixture, or excluded.
- Get the answers in writing. Verbal confirmations from broker assistants do not bind insurers.
The right answer is usually that the OC building insurance covers the improvement once the OC has formally accepted the structure, with the lot owner paying any premium loading. Without that arrangement, you carry the entire risk personally.
Ready to check your contract before spending on courtyard improvements? Upload your Section 32 or Contract of Sale at precontractreview.com for a pre-contract check — typically in just a few minutes.