Building and renovating: permits and processes

Introduction

This section has information about the building certification process in the Northern Territory (NT).

It applies to residential and commercial building work in building control areas of the NT.

There are specific considerations for residential building work. Read more about building and renovating a home.

For information about building rules and regulations contact Building Advisory Services.


Work that requires permits

This page has information about building work in the Northern Territory (NT) that by law requires both a building permit before work starts, and for work to be certified or approved at the end of construction before occupancy.

Your project may also need a development permit and other permits and approvals to comply with the Building Act.

Work that needs a building permit

Building permits are only required in building control areas of the NT. Read about building control areas.

A building permit sets conditions on the construction, demolition or alteration of a building. It details your building work and states that your plans are lawful before construction begins.

Check the table below to see if you need a building permit for your project.

For a residential building or associated structure you may also need a building contract and fidelity fund certificate. You may have to use a registered builder. Read about building or renovating a home.

Building work

Building permit

Other requirements

New house

Required

Read about building or renovating a home
New units, townhouses or apartments Required  

Shop or office fit-out

Required

 

Warehouse

Required

 

Relocating an existing house to a new location

Required

Read about building or renovating a home

Renovating a bathroom in a house - changing walls, fixtures or plumbing

Required

Read about renovating and refurbishing wet areas and building or renovating a home

Renovating a bathroom in a house - no change to walls, fixtures or plumbing

Not required

Read about renovating and refurbishing wet areas and building or renovating a home

Alterations or extensions to an existing house - increase to floor area

Required

Read about building or renovating a home

Alterations or extensions to an existing house - no increase in floor area

Required

Read about building or renovating a home

Existing house - changing windows, reroofing or replacing sheeting

Required

Read about building or renovating a home

Additions to an existing house - skylight, roof vents or satellite dish

Required - some exemptions apply

Read about exemptions for satellite dishes, skylights and roof ventilators

Solar hot-water system

Required

Go to the Building Advisory Committee website to read about solar hot-water systems

Solar photovoltaic installation

Required

Read about solar photovoltaic installations and solar voltaic installations - non cyclonic regions.

Carport or verandah addition to an existing house

Required - some exemptions apply

Read about exemptions for building a garden shed, carport, fence or shade structure and building or renovating a home

Garden shed or workshop

Required - some exemptions apply

Read about exemptions for building a garden shed, carport, fence or shade structure and building or renovating a home

Pergola or shade structure

Required - some exemptions apply

Read about exemptions for building a garden shed, carport, fence or shade structure and building or renovating a home

New fence or renovating an existing fence

Required - some exemptions apply

Read about exemptions for building a garden shed, carport, fence or shade structure

New retaining wall - supporting building work

Required

 

New retaining wall - not supporting building work

Required if over 600mm in height

 

Swimming pools

Not required

Read more about swimming pools and spas

Development permit

You must have a development permit, also known as a planning permit, if your project is either of the following:

  • a building type or land use that requires consent under the NT Planning Scheme
  • or permitted by the NT Planning Scheme but does not meet the scheme requirements.

If you need a development permit, you must have it before applying for a building permit.

A development permit does not remove the need for a building permit.

Before applying for a development permit, you can make a free appointment with a planner.

Check the title for your property to see if there are any easements, covenants or encumbrances affecting the property. You must comply with the requirements for each of those features.

Other permits and approvals

Depending on the type of building or development you are proposing, you may need other permits and approvals such as:

  • local council permits or approvals
  • stormwater drainage
  • environmental assessments
  • approvals for connections to services like roads, power, water or sewerage.

Discuss your project with a building professional such as a building certifier, builder, architect, designer or engineer.

For more advice about the permits and approvals you need for your project, contact:


Engaging a registered building certifier

This page has information about the role of a registered building certifier and how to find one.

In the Northern Territory (NT) building certification services are carried out by private, registered building certifiers.

Building certifiers charge fees for their services.

What a registered building certifier does

Building certifiers assess building applications, issue building permits, undertake site inspections and issue occupancy certification on satisfactory completion of building works.

A building certifier is not a site supervisor. Their inspections and assessments do not replace day-to-day site supervision of building work.

When you need a registered building certifier

You must engage an NT registered building certifier for any work that needs a building permit. Read more about work that requires permits.

Find a registered building certifier

There are two categories of building certifier registration in the NT:

Building certifier (unrestricted)

This certifier can certify buildings of all classes.

Building certifier (residential)

This certifier is limited to certifying class 1 buildings such as houses, duplexes and townhouses, and class 10 buildings or structures such as garages, carports, sheds, fences or retaining walls.

Go to the Building Practitioners Board website to search for building certifiers registered in the NT.


Independent third party review - structural design

In 2017, experts were asked to assess building and construction systems to address public safety concerns about building standards Australia-wide.

You can read the Building Confidence Report on the Australian Government’s Department of Industry, Science, Energy and Resources website.

All states and territories have committed to implementing the report recommendations.

From January 2022

As part of that commitment, an independent third party review (ITPR) of some structural designs is required in the Northern Territory.

This starts on 31 January 2022.

The ITPR process is consistent with:

  • a model developed by the Australian Building Codes Board and
  • endorsed by the Building Advisory Committee.

What's involved

ITPR is not a dual certification process.

The process is to be:

  • informed by risk
  • done by an NT registered certifying engineer (structural) with certain other qualifications
  • paid for by the building approval applicant.

Building certifiers:

  • must consider the ITPR before making a decision on the building permit application to which it relates
  • are not required to implement a recommendation of an ITPR.

The Building Regulations 1993 are to provide the:

  • meaning of significant and complex buildings and building work
  • qualifications and experience required by an independent review engineer
  • elements of the structural design which must be reported on by the independent review engineer.

Read the independent third party review amendment regulations - information sheet PDF (178.8 KB).

Guidelines

Read the reporting authorities – independent review engineers - guidelines PDF (198.0 KB) and flow chart PDF (243.8 KB) if you are:

  • an applicant - owner or owner’s agent
  • a building certifier
  • a certifying engineer (structural)
  • an independent review engineer.

Contact

To find an independent review engineer or apply to be on a list of independent review engineers, go to the Building Practitioners Board website.


Getting a building permit

This page has information about applying for a building permit, also known as building approval, in the Northern Territory (NT).

You must have a building permit before you begin construction.

A building permit is issued by a building certifier before construction begins to show that they have approved your proposed building work. The building certifier checks that your plans comply with the law.

Read more about building work that requires permits

Before you apply

Before applying for a permit, you must engage a building certifier, get plans for your proposed project, and prepare supporting documents for your application. 

Engage a building certifier

You should engage a building certifier to help prepare your application. Read more about engaging a registered building certifier.

Get plans for your proposed project

To prepare plans for the structure you want to build, get help from a building professional who knows the NT building system. This will ensure your finished drawings are accurate, clear and complete. 

Drawings should, at a minimum, include a site plan that is accurate and to-scale floor plans, elevations and structural details. 

Your project may also require hydraulic, civil or fire system plans. 

You may also need other assessments such as for energy efficiency. 

Discuss your requirements with your building certifier.

Prepare supporting documents 

You must give your building certifier plans and details of the proposed work to prepare your application for a building permit.

Depending on your project, you may also need to give the following to your building certifier:

  • an owner builder certificate or details of your building contract with a registered builder
  • structural engineer’s certification for the structural design
  • certified plumbing design 
  • fidelity fund certificate
  • other permits and approvals including development permits and covenant approvals
  • any other documents requested.

How to apply for a building permit

Once you have engaged an NT registered building certifier and prepared your plans and supporting documentation, follow these steps: 

Step 1. Ask your building certifier to give you a building permit application form.

Step 2. Submit the completed application form, a statement describing the purpose of the building, and supporting documents to your building certifier. 

Your building certifier will assess your application to make sure that the proposed work complies with the Building Act, Building Regulations and the National Construction Code.

Conditions of a building permit

Building permits are valid for two years from the date of issue. 

The permit period may be extended by applying to your building certifier before the expiry date. 

The building permit states at what stages of construction inspections will need to occur. 

Once a building permit has been issued, any changes to the approved work must be approved by the building certifier before the changes are carried out on site.


Building certification process

This page has information for building project owners about the responsibilities shared between the project owner, the builder and a building certifier at each stage of a building project. 

Under Northern Territory (NT) law, you must engage a registered, private building certifier to do the building certification for most building projects. Read more about work that requires permits and engaging a registered building certifier.

You must provide the right permits and paperwork to your building certifier before, during and on completion of building work to get occupancy certification.

Before building work begins

Before construction starts, a building certifier must assess your building plans for compliance with the law, and issue a building permit for the building work. 

You must comply with all conditions of the building permit before and during the work. 

The building certifier must provide a copy of the building permit to you or your agent.

The certifier must submit a copy of the permit, plans and relevant documents to the Director of Building Control at Building Advisory Services in the Department of Lands, Planning and the Environment.

The land owner may access these records in the future. Read about access to building files.

Construction and site inspections

The building permit lists the inspections needed at each stage of construction. 

You or your builder must contact your building certifier to arrange each inspection. 

Most building permits require that your building certifier conduct the following inspections:

  • pre-pour inspection of footings and slab
  • frame inspection
  • block work reinforcing inspection
  • fire separation inspection
  • wet areas inspection
  • final inspection.

Your building permit may list extra inspections that your building certifier will need to conduct.

You should not continue work beyond an inspection stage until the building certifier has conducted the required inspection for that stage and authorised work to proceed.

If these inspections do not occur, and work does proceed, there may be delays and difficulties in finalising certification at the end of construction. Without occupancy certification at the end of construction, you are not allowed to legally occupy your building. 

The building certifier is not a site supervisor and their inspections do not replace day-to-day site supervision of the works. You and your builder share responsibility for ensuring the building works are constructed to an acceptable standard. 

Project completion

Once completed, the builder must sign a legal declaration stating the building work has been carried out in accordance with the building permit.


Choosing a builder or contractor

This page has information on choosing a builder in the Northern Territory. You only need a registered building contractor for some residential work.

Work that requires a registered builder

You must use a registered builder for prescribed building work. Read about prescribed building work.

You can also read about residential building work that requires a permit.

Find a builder

You can ask for informal recommendations from friends, family, or other building professionals.

You may be able to find a builder by looking through the Yellow Pages and in newspapers.

You can also search online or look at the following trade indexes:

Research your builder

You can get information about companies and individuals from the Australian Securities and Investments Commission (ASIC).

Search the free registers on the ASIC website, use an ASIC-approved information broker or visit an ASIC service centre.

Read more about avoiding dubious operators and reducing your chances of being scammed by going to ASIC's MoneySmart website.

You can also check a list of inquiries conducted and disciplinary actions taken against building practitioners by the Building Practitioner’s Board. Go to the Building Practitioners Board website to view disciplinary actions.

Ask for a quote or estimates

Get at least three quotes from different builders to make a fair comparison of prices.

Be aware that there is a difference between a quote and an estimate.

Estimates are given when a builder does not know the exact scope of works. Estimates are not binding, and you may end up paying more.

Make sure you ask for itemised quotes that detail all the work to be done, the materials to be used and the cost of each.

Quotes become a legally binding contract when you accept the offer and any conditions, whether verbally or in writing.

Get a contract

Contracts that meet minimum set standards are only compulsory for some types of residential building works.

Even if you don’t need a contract by law, you should still ask your builder for one for any building work. It may be useful later if you need to review the builder’s work or if you have a dispute about the work.

If there are any changes to your project during construction, you should make sure these variations are updated in your contract.

Read about signing a residential building contract.


Continuing certification after unexpected events

This page is for building project owners who are missing prescribed certification documents due to an unforeseen event and want to apply for an exemption certificate.

Using an exemption certificate for your missing documentation, your building certifier can issue an occupancy permit for your building work.

Decisions about applications for exemption certificates are made by the director of building control.

Before applying for an exemption certificate, discuss the situation with your building certifier. 

They may be able to grant a certificate of substantial compliance for the work, which is a lower level of occupancy certification, without an exemption certificate. 

Find out more about getting occupancy certification.

When you can apply

You can only apply for an exemption certificate if the unforeseen event that results in missing prescribed documentation is a prescribed event.  

Prescribed unforeseen events

Prescribed unforeseen events are prescribed by law and may relate to a building practitioner, including a building certifier, or a building document.

A prescribed unforeseen event includes any of the following events that may occur to the person providing building certification:

  • they can't be found
  • they are incapacitated
  • they become bankrupt or insolvent - except an owner builder
  • they cease to be registered, if they were a registered building practitioner
  • they die.

A prescribed unforeseen event may also be any of the following events:

  • the building contract is terminated
  • the building certification has been withheld due to the bankruptcy or insolvency of a building practitioner
  • building certification documents have been destroyed or can't be found.

Prescribed certification documents

See a list of prescribed certification documents on the getting occupancy certification page.

You can't get an exemption certificate for some documents, such as electrical certificates of compliance, planning approvals or consent reports. 

Speak to the relevant authority if you can't get any of those documents.

Before you apply

You can only apply for an exemption certificate as a last resort.

You must be able to show the following: 

  • that a prescribed unforeseen event has occurred
  • you have a current building permit, or if it is lapsed, it is only due to the prescribed unforeseen event
  • proof that building work has physically commenced on the property
  • that as the owner, you took reasonable steps within a reasonable time after the unforeseen event to apply for the exemption.

How to apply

Follow these steps to apply for an exemption certificate.

Step 1. Talk to your building certifier

Alternatively, if the prescribed unforeseen event involves your building certifier, contact Building Advisory Services for further advice.

Step 2. Stop work

You must stop all work until the Director of Building Control has made a decision on your application for an exemption certificate, or until the director advises that you may continue work.

Step 3. Get a detailed inspection

Ask your building certifier for a detailed inspection of the work that was carried out before the unforeseen event. 

It should be documented and inspected for compliance with the building permit.

Check with your building certifier if they will charge additional fees for extra reports or inspections outside the scope or your original agreement.

Any extra work carried out after the unforeseen event but before inspection or investigation will make it more difficult to assess the compliance of the earlier work against the building permit.

If you do extra work the director may ask for more information from you, or ask for investigations at your cost, to be able to make a decision.

Step 4. Submit an application

Fill in the certificate of exemption form and submit to any Building Advisory Services office in person, or by mail, email or fax.

Your application may be refused by the director if you do not make it within a reasonable time after the unforeseen event.

Outcomes of an application

If your application is approved, the Director of Building Control will issue an exemption certificate in place of the missing prescribed documentation.   

If all other matters are in order, a building certifier can then issue an occupancy certificate for your building work.

If you are unhappy with the decision of the director, go to the Building Appeals Board website to find out how you can appeal the decision.


Getting occupancy certification

Once the building work has finished, you must apply to your building certifier for occupancy certification. 

You must have occupancy certification before you occupy the building. 

Occupancy certification is issued when the items affecting health, safety and amenity are in place and fully operational such as the water supply, safety glass and handrails. It does not mean all the painting is done, the carpet is laid or all the fittings are in place for your building.

There are three levels of occupancy certification in the Northern Territory:

Occupancy permit

An occupancy permit is the highest level of occupancy certification available. It can be issued by a building certifier when the construction and certification process has been complied with in full.

To apply for an occupancy permit ask your building certifier to give you an occupancy permit application form.

You must submit your application for an occupancy permit to your building certifier, together with any necessary prescribed certification documents as detailed below. 

Prescribed certification documents 

These are set out by law and include the following:

  • a builder’s declaration
  • inspection certificates
  • section 40 certificates
  • certificates or other documents as requested by the building certifier that relate to the manufacture and off-site assembly, or on-site installation, of the following building components by a person other than the builder: 
    • roof truss certification
    • termite certification
    • plumbing certification
    • glazing certification
    • fire certification
    • wet area certification.

The prescribed certification documentation you need will depend on the type of building work you are doing. Your building certifier can tell you which documents you need.

Issuing of occupancy permit

If constructed in compliance with the building permit, legislated requirements and approved plans, the building certifier will grant an occupancy permit to confirm your building may be occupied. 

The building certifier must provide a copy of the occupancy permit to you or your agent and submit a copy of the permit, plans and relevant documents to the Director of Building Control at Building Advisory Services.

The land owner may access these records in the future. Read more about access to building files.

Certificate of substantial compliance

A certificate of substantial compliance can be granted by a building certifier where building work carried out under a valid building permit meets the relevant technical standards but minor variations to the approved plans or missing documentation or inspections has occurred. 

To apply for a certificate of substantial compliance ask your building certifier to give you an application for certificate of substantial compliance form.

You will be asked to submit other documents to your building certifier with your application for a certificate of substantial compliance. Talk to your building certifier about the documentation they will require. 

Issuing of certificate of substantial compliance

If your building certifier is satisfied the work has been done substantially in compliance with the building permit and legislative requirements, they can grant a certificate of substantial compliance to confirm your building may be occupied. 

Your building certifier or agent must explain to you why they are only prepared to grant a certificate of substantial compliance, not an occupancy permit. They must also tell you about your rights to appeal their decision.

If you are unhappy with the decision of the building certifier, go to the Building Appeals Board website to find out how you can appeal the decision.

The building certifier must provide a copy of the certificate of substantial compliance to you or your agent.  

The building certifier must submit a copy of the permit, plans and relevant documents to the Director of Building Control at Building Advisory Services in the Department of Lands, Planning, and the Environment.

The land owner may access these records in the future. Read more about access to building files.

Certificate of existence

A certificate of existence can only be granted for work that was completed before 1 May 2016.

Read about occupancy certification for more information on the certificate of existence and other levels of certification.


Livable housing design requirements

Livable housing design includes key structural and spatial elements that are critical to ensure future flexibility and adaptability of the home.

Increasing the number of livable homes in Australia provides people with:

  • greater choice in where they can live
  • an ability to comfortably visit family and friends
  • freedom to remain in their own homes after injury or changes in mobility.

To find out more, go the National Construction Code (NCC) website and read:

For information on application to dwelling extensions/alterations and exemptions for step-free path requirements, read the NT Guidelines for Livable Housing Design PDF (383.3 KB).

Read more about the history on the Department of Infrastructure, Planning and Logistics website.

Benefits

The livable housing design requirements meets the needs of the community by making homes easier to access and navigate.

It will help all members of the community including those with:

  • limited mobility
  • young families
  • short-term impairment or injuries.

During construction

Including livable housing design features during construction:

  • helps avoid future costly modifications
  • plans for future needs of occupants as they change.

Costs to homeowners

The inclusion of livable housing design features was estimated to cost around 1% of the build cost for a standalone house.

However many design features don't need substantial change to current NT building practices.

  • Concrete block construction used across the Top End does not require reinforcing in bathrooms.
  • Design for open plan living already supports easy navigation throughout a home.
  • Popular design choices for walk-in showers already provide for step-free and hob-less entry.

You can minimise additional costs with effective design.

If you're currently building

If you have a building permit approved before 1 October 2023, then you don't need to change your plans to include livable housing design.

Applications for building permits from 1 October 2023 must meet livable housing design requirements.

If you have substantially progressed your design before 1 October 2023, but have not applied for a building permit before 1 October, speak to your building certifier about requirements. You may not need to adjust your design.

What the requirements apply to

Livable housing design requirements apply to the construction of residential buildings:

  • houses and the like (Class 1a buildings)
  • apartments (Class 2 sole-occupancy units).

Existing homes

Existing homes don't need to be upgraded.

Building permit applications from 1 October 2023 for residential building work must comply with the new requirements.

What's included

One step-free entrance door to a home, which can be from one of the following:

  • attached garage or carport
  • car parking space - such as driveway or detached garage
  • pedestrian entry at the allotment boundary - via a footpath / ramp or similar.

One toilet with a minimum of 1200 mm by 900 mm clear space around which is to be located on the ground or entry level of a home.

One shower that is hob-less and step-free.

The toilet and shower described above (and a bath if provided) are to have reinforced walls to support future installation of grab rails. Walls constructed of masonry, blockwork or concrete don't require additional reinforcement.

Entrance door and internal doors to have 820 mm clear opening (870mm or wider door) on the ground or entry level that connect to habitable rooms, laundry and rooms containing the toilet and shower described above.

Corridors and hallways to be 1000 mm wide between wall surfaces on the ground or entry level that connect to habitable rooms, laundry and rooms containing the toilet and shower described above.

Read below for more detailed information.

You can still have steps at your front door.

There needs to be a step-freepath to at least one entrance door to the home, unless an exemption is applied. It doesn't have to be the front door.

Not all entrance doors to the home are required to be step-free.

More space is to be provided in bathrooms and the livable housing design requirements include the provision of at least one shower in the home having a hob-less and step-free entrance.

The walls near one toilet and one shower are to be constructed strong enough to allow grab rails to be installed in the future, if required. There is no requirement to install grab rails.

Exemptions

Sensible exemptions for step-free path requirements are included in the provisions.

Building certifiers will determine if an exemption can be applied. You must still meet other livable housing design requirements.

To get an exemption, use the form for exemption from step-free access path DOCX (62.6 KB).

Your application for a building permit must include:

  • drawings showing the plan and proposed usage at each floor level, elevations, sections and dimensions of the building, the sizes and locations of structural members
  • the levels of the site and of the floors of building in relation to an adjoining street channel.

This information will assist building certifiers to determine whether an exemption to the step-free path requirements can be applied.

Step-free path

An exemption is provided for houses where:

  • height of lowest floor containing habitable rooms is too high to be reached by a ramp within the required lengths, such as for elevated homes
  • physical size of the site is limiting
  • land is too steep.

Elevated homes

Elevated homes can continue to be built.

Highset elevated homes that don't have habitable rooms underneath the house are considered too high to be reached by a ramp.

For example, an elevated house that has a carport, outdoor living space and a laundry or bathroom underneath the house.

These homes don't need ramping from the ground to elevated habitable part of building.

While exempt from requiring a step-free path, you must still meet other livable housing design requirements.

Homes raised above the ground

For homes at a lower elevation a step-free path will depend on:

  • height of the building
  • slope of the lot
  • distance of entry door from the allotment boundary, parking space or garage/carport.

This applies to the following home types:

  • elevated tropical-style
  • demountable and transportable buildings.

Ramping requirements

The maximum length of a ramp without triggering the exemption is:

  • 9 metres for ramps at 1:14
  • 15 metres for ramps at 1:20
  • a sliding scale for gradients in between the 2 values.

To find out more, read the NT Guidelines for Livable Housing Design PDF (383.3 KB).

Repairs and maintenance

Repairs and maintenance refers to work that is returning an item to an acceptable conditions by the renewal, replacement or mending of work, damaged or degraded parts.

Repairs and maintenance are not required to comply with the Livable Housing Design Standard where the part of the building being repaired or maintained didn't comply with the Livable Housing Design Standard before the repair or maintenance.

Renovations

The Livable Housing Design Standard applies when the renovation:

  • includes modifications to a shower
  • involves demolition of the existing doorway
  • increases the size of the room
  • exposes the wall frame.

It doesn't apply if the renovation is:

  • already a complying sanitary compartment or bathroom in the home
  • a renovation to a non-complying sanitary compartment or bathroom.

Extensions and alterations

Building work to extend or alter existing buildings must comply with current National Construction Code requirements, including Livable Housing Design.

The following exceptions apply:

  • approved Class 1a buildings as defined under Part 9A of the Building Regulations 1993
  • alterations to existing buildings where inclusion of the Livable Housing Design Standard can't be reasonably achieved.

It is expected that Livable Housing Design Standard requirements will be applied where they can reasonably be included as part of the planned building work.

Additional building work to other parts of the existing building outside the planned building work is not required.

Considerations

The Livable Housing Design Standard only requires the following meet requirements:

  • one toilet
  • one shower
  • one entrance door.

Any building work to extend or alter a home must also consider whether the requirements are already met in the existing home.

The existing home may restrict ability to meet Livable Housing Design Standard requirements.

Alterations to bathrooms that don't include changes to walls may not result in the minimum clear space in front of the toilet being achieved.

Independent living units

New Class 1a independent dwellings are required to meet the Livable Housing Design Standard.

Extensions and alterations to existing independent living units are required to meet National Construction Code requirements as outlined in the section above.

Contact

To find out more, call Building Advisory Services on 08 8999 8985 or email bas@nt.gov.au.