A guide to claiming planning compensation

The prescribed form for claiming compensation is Form 15A in the Planning and Environment Interim Regulations 2026 (the Regulations).

Things to know before you start:

• The compensating authority may not process your claim if it is not in the prescribed form or the required supporting information is not attached.
• A claim must be made within two years after the date the right to claim compensation arose.
• If multiple people are claiming compensation, you may submit a single joint claim, but you must complete separate statutory declarations.
• This is general guidance only. If you think you may be eligible to claim compensation, you should consider seeking legal advice.

A simpler process for claiming compensation

The Planning Amendment (Better Decisions Made Faster) Act 2026 introduced a new claim process into the Planning and Environment Act 1987 (the PE Act).

Previously, claiming planning compensation required following a process set out in the Land Acquisition and Compensation Act 1986 (LAC Act). The new process in the PE Act is for planning compensation claims only. It builds on the new claim form and new requirements for supporting information introduced by the Consumer and Planning Legislation Amendment (Housing Statement Reform) Act 2025 to make claiming compensation simpler.

Required supporting information

From 1 October 2026, updated requirements apply for supporting information that must accompany a claim.

This includes:

• Documents evidencing your entitlement to make a claim, including evidence of ownership or occupation of the relevant land
• Copies of each certificate of valuation you rely on in support of your claim
• Any planning or building permits or permit applications relating to the land
• Relevant documents supporting a claim for increased compensation under section 100 or a claim for expenses under section 101
• Any other information available to you that is relevant to the assessment of the claim
• Any additional documents requested by the compensating authority that are relevant to assessing compensation
• Additional requirements for a loss on sale claim, which include:
  • documents evidencing the sale and transfer of the land
  • documents evidencing payments made and income received through the sale of the land
• Additional requirements for a permit refusal claim, which include:
  • the permit application
  • all advice and reports relied on in making the application
  • the relevant evidence of refusal.

Read the Ministerial Order in full on pages 2,434 to 2,235 of the Victorian Government Gazette on 1 October 2026.

Completing the claim form

Providing information about your claim

The first part of the claim form requires you to input the following information about the claim:

• Your name and contact details, including a postal address for service, email address, and telephone number
• The name of the compensating authority you are claiming compensation from
• The statutory basis of the claim (that is, the provisions of Part 5 that your claim relates to)
• The date the right to compensation arose
• A description of the relevant land (both address and title particulars, including any relevant historical title details) and your interest in it (e.g. owner or occupier).

Completing the notice of claim for compensation

The second part of the form requires more in-depth details about your claim. These details will be different depending on your circumstances.

You must provide a summary of:

• The facts, circumstances and documents (including the required supporting information) you rely on to support your claim
• The basis of your entitlement to compensation (that is, the relevant provisions of Part 5, and why they apply)
• Any assumptions you rely on in support of the claim (e.g. any assumptions about the value of the land if not for the reservation).

The third part requires you to set out certain amounts that relate to different elements of the claim based on the certified valuation(s) you rely on to support your claim. These elements are:

• The total amount of actual financial loss you are claiming under section 98 of the PE Act.
  • You must also provide calculations showing how you arrived at this amount. An example of these calculations is provided in the form.
• The maximum amount of compensation payable under section 104 of the PE Act.
  • You must provide the unaffected market value, the affected market value, and the difference between the two market values.
• Any legal, valuation or other professional expenses you are claiming under section 101 of the PE Act.
  • You must provide separate amounts for legal, valuation, and other expenses.
  • These should reflect the evidence of expenses you have attached to your claim.
• The amount of increased compensation you are claiming under section 100 of the PE Act, if any.
  • You must set out relevant circumstances in support of the claim. Where necessary, this should be supported by the documents attached to your claim.

Finally, each separate claimant must complete the statutory declaration.

The compensation claim process

After you submit your claim

After you submit your claim, the compensating authority has three months to respond.

This period is paused if the compensating authority requests further information from you. It recommences once you provide that information.

This three-month period can be varied by:

• an agreement between you and the compensating authority
• the Minister for Planning
• the Supreme Court, or
• the Victorian Civil and Administrative Tribunal (VCAT).

Responses to your claim

In its response to your claim, the compensating authority may:

• admit the claim
• make an alternative offer, or
• reject the claim.

An alternative offer must be accompanied by a certificate of valuation and a written explanation of any differences between the offer and valuation.

You have two months to accept or reject an alternative offer. This time period can also be varied by agreement, or by the Minister for Planning, the Supreme Court, or VCAT.

Disputed claims

A claim becomes disputed if:

• The compensating authority rejects your claim
• The compensating authority fails to respond to your claim within the required period
• You reject the compensating authority’s offer, or
• You fail to respond to the compensating authority’s offer by the later of:
  • the end of the required period for responding to the offer, or
  • 7 days after the compensating authority has advised you in writing that the claim will become a disputed claim if you do not respond to the offer.

If this happens, the dispute process in Part 10 of the LAC Act applies. Either you or the compensating authority may apply to VCAT to determine the claim (if the amount in dispute does not exceed $400,000), or refer the claim to the Supreme Court.

If a claim is disputed, interest may be payable under section 104B of the PE Act at a rate set by the Governor in Council (GIC).

Read the GIC Order specifying the interest rate.

Return to the Planning compensation page.

Page last updated: 28/10/26