The Planning and Environment (Fees) Regulations 2016 prescribe the fees to be paid to the Minister, planning authorities and responsible authorities for the preparation and consideration of planning scheme amendments, applications for planning permits, certificates of compliance and planning certificates.
The Subdivision (Fees) Regulations 2016 prescribe the fees to be paid to councils and referral authorities under the Subdivision Act 1988.
The regulations also empower councils to waive or rebate the payment of a fee in specified circumstances.
Fee units
The Regulations set fees in fee units. A fee unit value is adjusted each year by the Treasurer's amount and is published in the Government Gazette.
In the tables below, the fee units have been converted to a dollar value on the basis of the value of a fee unit as it is set for the 2022-23 financial year.
In accordance with the Monetary Units Act 2004, the value of a fee unit for the financial year 2022-23 is $15.29.
GST is not applicable to the fees.
The information on this website does not replace the need to acquaint yourself with the Planning and Environment (Fees) Regulations 2016.
Planning and responsible authorities provide services under the Planning and Environment Act 1987 which attract a fee in accordance with the Planning and Environment (Fees) Regulations 2016.
These services include:
- planning scheme amendments
- planning permit applications
- certificates of compliance with the planning scheme
- certificates setting out planning provisions that apply to land
- satisfaction matters – where the planning scheme says something must be done to an authority's satisfaction.
Amendments to permits or applications for permits, and combined applications will also attract a fee.
View the Planning and Environment (Fees) Regulations 2016
The tables below show the fees for the financial year 2022-23.
Fee Tables
| Stage | Stage of Amendment | Fee | Paid to |
|---|---|---|---|
| 1 |
For:
a) considering a request to amend a planning scheme; and b) taking action required by Division 1 of Part 3 of the Act; and c) considering any submissions which do not seek a change to the amendment; and d) if applicable, abandoning the amendment | $3,149.70 (206 fee units) | The planning authority |
| 2 |
For:
a) considering | The planning authority | |
| (i) up to and including 10 submissions which seek a change to an amendment and where necessary referring the submissions to a panel; or | $15,611.10 (1021 fee units); or | ||
| (ii) 11 to (and including) 20 submissions which seek a change to an amendment and where necessary referring the submissions to a panel; or | $31,191.60 (2040 fee units); or | ||
| (iii) Submissions that exceed 20 submissions which seek a change to an amendment, and where necessary referring the submissions to a panel; and | $41,695.80 (2727 fee units) | ||
|
b) providing assistance to a panel in accordance with section 158 of the Act; and
c) making a submission to a panel appointed under Part 8 of the Act at a hearing referred to in section 24(b) of the Act; and d) considering the panel's report in accordance with section 27 of the Act; and e) after considering submissions and the panel's report, abandoning the amendment. | |||
| 3 |
For:
a) adopting the amendment or part of the amendment in accordance with section 29 of the Act; and b) submitting the amendment for approval by the Minister in accordance with section 31 of the Act; and c) giving the notice of the approval of the amendment required by section 36(2) of the Act. | $496.90 (32.5 fee units) if the Minister is not the planning authority or nil fee if the Minister is the planning authority | The planning authority |
| 4 |
For:
a) consideration by the Minister of a request to approve the amendment in accordance with section 35 of the Act; and b) giving notice of approval of the amendment in accordance with section 36(1) of the Act. | $496.90 (32.5 fee units) if the Minister is not the planning authority or nil fee if the Minister is the planning authority | The Minister |
| Class | Type of Application | Fee |
|---|---|---|
| 1 | Use only | $1,360.80 (89 fee units) |
| 2 | To develop land for a single dwelling per lot or use and develop land for a single dwelling per lot and undertake development ancillary to the use of land for a single dwelling per lot included in the application (other than a class 7 permit or a permit to subdivide or consolidate land) if the estimated cost of development is $10,000 or less | $206.40 (13.5 fee units) |
| 3 | To develop land for a single dwelling per lot or use and develop land for a single dwelling per lot and undertake development ancillary to the use of land for a single dwelling per lot included in the application (other than a class 8 permit or a permit to subdivide or consolidate land) if the estimated cost of development is more than $10,000 but not more than $100,000 | $649.80 (42.5 fee units) |
| 4 | To develop land for a single dwelling per lot or use and develop land for a single dwelling per lot and undertake development ancillary to the use of land for a single dwelling per lot included in the application (other than a class 8 permit or a permit to subdivide or consolidate land) if the estimated cost of development is more than $100,000 but not more than $500,000 | $1,330.20 (87 fee units) |
| 5 | To develop land for a single dwelling per lot or use and develop land for a single dwelling per lot and undertake development ancillary to the use of land for a single dwelling per lot included in the application (other than a class 8 permit or a permit to subdivide or consolidate land) if the estimated cost of development is more than $500,000 but not more than $1,000,000 | $1,437.30 (94 fee units) |
| 6 | To develop land for a single dwelling per lot or use and develop land for a single dwelling per lot and undertake development ancillary to the use of land for a single dwelling per lot included in the application (other than a class 8 permit or a permit to subdivide or consolidate land) if the estimated cost of development is more than $1,000,000 but not more than $2,000,000 | $1,544.30 (101 fee units) |
| 7 | VicSmart application if the estimated cost of development is $10,000 or less | $206.40 (13.5 fee units) |
| 8 | VicSmart application if the estimated cost of development is more than $10,000 | $443.40 (29 fee units) |
| 9 | VicSmart application to subdivide or consolidate land | $206.40 (13.5 fee units) |
| 10 | VicSmart application (other than a class 7, class 8 or class 9 permit) | $206.40 (13.5 fee units) |
| 11 | To develop land (other than a class 2, class 3, class 7 or class 8 or a permit to subdivide or consolidate land) if the estimated cost of development is less than $100,000 | $1,185.00 (77.5 fee units) |
| 12 | To develop land (other than a class 4, class 5, or class 8 or a permit to subdivide or consolidate land) if the estimated cost of development is more than $100,000 and not more than $1,000,000 | $1,597.80 (104.5 fee units) |
| 13 | To develop land (other than a class 6 or class 8 or a permit to subdivide or consolidate land) if the estimated cost of development is more than $1,000,000 and not more than $5,000,000 | $3,524.30 (230.5 fee units) |
| 14 | To develop land (other than a class 8 or a permit to subdivide or consolidate land) if the estimated cost of development is more than $5,000,000 and not more than $15,000,000 | $8,982.90 (587.5 fee units) |
| 15 | To develop land (other than a class 8 or a permit to subdivide or consolidate land) if the estimated cost of development is more than $15,000,000 and not more than $50,000,000 | $26,489.90 (1732.5 fee units) |
| 16 | To develop land (other than a class 8 or a permit to subdivide or consolidate land) if the estimated cost of development is more than $50,000,000* | $59,539.30 (3894 fee units) |
| 17 | To subdivide an existing building (other than a class 9 permit) | $1,360.80 (89 fee units) |
| 18 | To subdivide land into 2 lots (other than a class 9 or class 17 permit) | $1,360.80 (89 fee units) |
| 19 | To effect a realignment of a common boundary between lots or consolidate 2 or more lots (other than a class 9 permit) | $1,360.80 (89 fee units) |
| 20 | Subdivide land (other than a class 9, class 17, class 18 or class 19 permit) | $1,360.80 per 100 lots created (89 fee units per 100 lots created) |
| 21 |
To:
a) create, vary or remove a restriction within the meaning of the Subdivision Act 1988; or b) create or remove a right of way; or c) create, vary or remove an easement other than a right of way; or d) vary or remove a condition in the nature of an easement (other than right of way) in a Crown grant. | $1,360.80 (89 fee units) |
| 22 | A permit not otherwise provided for in the regulation | $1,360.80 (89 fee units) |
| 23 |
| Class | Type of Application | Fee |
|---|---|---|
| 1 | Amendment to a permit to change the use of land allowed by the permit or allow a new use of land | $1,360.80 (89 fee units) |
| 2 | Amendment to a permit (other than a permit to develop land for a single dwelling per lot or to use and develop land for a single dwelling per lot or to undertake development ancillary to the use of land for a single dwelling per lot) to change the statement of what the permit allows or to change any or all of the conditions which apply to the permit. | $1,360.80 (89 fee units) |
| 3 | Amendment to a class 2, class 3, class 4, class 5 or class 6 permit, * if the cost of any additional development permitted by the amendment is $10,000 or less | $206.40 (13.5 fee units) |
| 4 | Amendment to a class 2, class 3, class 4, class 5 or class 6 permit, * if the cost of any additional development permitted by the amendment is more than $10,000 but not more than $100,000 | $649.80 (42.5 fee units) |
| 5 | Amendment to a class 2, class 3, class 4, class 5 or class 6 permit, * if the cost of any additional development permitted by the amendment is more than $100,00 but not more than $500,000 | $1,330.20 (87 fee units) |
| 6 | Amendment to a class 2, class 3, class 4, class 5 or class 6 permit, * if the cost of any additional development permitted by the amendment is more than $500,000 | $1,437.30 (94 fee units) |
| 7 | Amendment to a permit * that is the subject of VicSmart application, if the estimated cost of the additional development is $10,000 or less | $206.40 (13.5 fee units) |
| 8 | Amendment to a permit * that is the subject of VicSmart application, if the estimated cost of the additional development is more than $10,000 | $443.40 (29 fee units) |
| 9 | Amendment to a class 9 permit * | $206.40 (13.5 fee units) |
| 10 | Amendment to a class 10 permit * | $206.40 (13.5 units) |
| 11 | Amendment to a class 11, class 12, class 13, class 14, class 15 or class 16 permit * if the estimated cost of the additional development to be permitted by the amendment is $100,000 or less | $1,185.00 (77.5 fee units) |
| 12 | Amendment to a class 12, class 13, class 14, class 15 or class 16 permit * if the estimated cost of any additional development to be permitted by the amendment is more than $100,000 but not more than $1,000,000 | $1,597.80 (104.5 fee units) |
| 13 | Amendment to a class 11, class 12, class 13, class 14, class 15 or class 16 permit * if the estimated cost of any additional development to be permitted by the amendment is more than $1,000,000 | $3,524.30 (230.5 fee units) |
| 14 | Amendment to a class 17 permit * | $1,360.80 (89 fee units) |
| 15 | Amendment to a class 18 permit * | $1,360.80 (89 fee units) |
| 16 | Amendment to a class 19 permit * | $1,360.80 (89 fee units) |
| 17 | Amendment to a class 20 permit * | $1,360.80 per 100 lots created (89 fee units per 100 lots created) |
| 18 | Amendment to a class 21 permit * | $1,360.80 (89 fee units) |
| 19 | Amendment to a class 22 permit | $1,360.80 (89 fee units) |
* Refer to Table 2 to see the relevant Class of permit
| Regulation | Type of Application | Fee |
|---|---|---|
| 7 | For requesting the Minister to prepare an amendment to a planning scheme exempted from the requirements referred to in section 20(4) of the Act. | $4,128.30 (270 fee units) |
| 8 | For requesting the Minister to prepare an amendment to a planning scheme exempted from certain requirements prescribed under section 20A of the Act. | $993.90 (65 fee units) |
| 10 | For combined permit applications | Sum of the highest of the fees which would have applied if separate applications were made and 50% of each of the other fees which would have applied if separate applications were made |
| 12 | Amend an application for a permit or an application to amend a permit |
a) Under section 57A(3)(a) of the Act the fee to amend an application for a permit after notice is given is 40% of the application fee for that class of permit set out in the Table at regulation 9
b) Under section 57A(3)(a) of the Act the fee to amend an application to amend a permit after notice is given is 40% of the application fee for that class of permit set out in the Table at regulation 11 and any additional fee under c) below c) If an application to amend an application for a permit or amend an application to amend a permit has the effect of changing the class of that permit to a new class, having a higher application fee set out in the Table to regulation 9, the applicant must pay an additional fee being the difference the original class of application and the amended class of permit |
| 13 | For a combined application to amend permit | The sum of the highest of the fees which would have applied if separate applications were made and 50% of each of the other fees which would have applied if separate applications were made |
| 14 | For a combined permit and planning scheme amendment |
Under section 96A(4)(a) of the Act:
The sum of the highest of the fees which would have applied if separate applications were made and 50% of each of the other fees which would have applied if separate applications were made |
| 15 | For a certificate of compliance | $336.40 (22 fee units) |
| 16 | For an agreement to a proposal to amend or end an agreement under section 173 of the Act | $680.40 (44.5 fee units) |
| 17 | For a planning certificate |
a) $22.90 (1.5 fee units) for an application not made electronically
b) $7.52 for an application made electronically |
| 18 | Where a planning scheme specifies that a matter must be done to the satisfaction of a responsible authority, Minister, public authority or municipal council | $336.40 (22 fee units) |
Subdivision fees
Councils and referral authorities provide services under the Subdivision Act 1988 which attract a fee in accordance with the Subdivision (Fees) Regulations 2016.
These services include:
- processing an application for certification of a plan of subdivision
- preparing an engineering plan
- supervising works
- checking engineering plans.
The table below shows the fees for the financial year 2022-23.
| Regulation | Purpose | Fee |
|---|---|---|
| 6 | For certification of a plan of subdivision | $180.40 (11.8 fee units) |
| 7 | Alteration of plan under section 10(2) of the Act | $114.70 (7.5 fee units) |
| 8 | Amendment of certified plan under section 11(1) of the Act | $145.30 (9.5 fee units) |
| 9 | Checking of engineering plans | 0.75% of the estimated cost of construction of the works proposed in the engineering plan (maximum fee) |
| 10 | Engineering plan prepared by council | 3.5% of the cost of works proposed in the engineering plan (maximum fee) |
| 11 | Supervision of works | 2.5% of the estimated cost of construction of the works (maximum fee) |
The relevant Regulations are the Subdivision (Fees) Regulations 2016 and apply to council and referral authority services.
View the Subdivision (Fees) Regulations 2016
Other fees are charged under the Subdivision (Registrar's Fees) Regulations 2016 for fees payable to the Registrar of Titles under the Subdivision Act.
Questions and answers on the planning and subdivision fees
To assist with the interpretation and implementation of the fees, please view questions and answers containing guidance on their operation. Note the questions and answers may be updated from time to time.
General
1. Why have the fees been set as fee units?
Under previous regulations the fees were not set in monetary units which required the fees to be increased by an amendment to the regulations.
The planning and subdivision fee regulations have now been set in fee units in accordance with the Monetary Units Act 2004. This means the fees will be indexed annually at the value set by the Treasurer for a particular financial year.
2. How do the monetary fee units apply?
For your convenience, the department has converted the fee units into monetary units based on the value of the fee unit for a particular year.
The value of a fee unit for a particular year can be found under legislative information on the Victorian Government Legislation website.
3. How to you calculate the fee units as a monetary value?
In accordance with the Monetary Units Act 2004, the fees in the planning and subdivision fee regulations are stated as fee units and allow the amount of the calculated fee to be rounded to the nearest 10 cents. Any fee ending in a multiple of 5 cents is rounded up.
4. When should a planning authority or responsible authority apply fee waivers or rebates?
Regulations 19 (planning scheme amendments) and 20 (anything that is not a planning scheme amendment) set out when fees can be waived or rebated.
Regulation 21 requires that the matters taken into account in making a decision to waive or rebate a fee must be recorded in writing.
Planning scheme amendment fees
5. The process for amending a planning scheme commenced before the new regulations came in effect. What fee should be applied?
If an amendment to a planning scheme commenced prior to 13 October 2016, the applicable fee would have been set under the previous regulations. Any stage commenced post 13 October should be charged in accordance with the relevant stage of the amendment under the table to regulation 6. Column 1 specifies the ‘stage in the process for amending a planning scheme’ against the ‘time at which fee must be paid’ under column 4. Column 1 specifies the prescribed fee against each stage.
6. What fee applies where the Minister amends a planning scheme under section 20(4) of the Act?
The fees set out for the various stages as specified in regulation 6 do not apply where the Minister prepares and approves an amendment under section 20(4) of the Planning and Environment Act 1987.
Regulation 7 sets the fee specific to an amendment under section 20(4) of the Act. The fee is 270 fee units.
7. What fee applies where the Minister amends a planning scheme under section 20A of the Act?
The fees set out for the various stages as specified in regulation 6 do not apply where the Minister prepares and approves an amendment under section 20A of the Planning and Environment Act 1987.
Regulation 8 sets the fee specific to an amendment under section 20A of the Act. The fee is 65 fee units.
8. When should the relevant planning scheme amendment fee be paid?
The table to regulation 6 provides when the fee for the relevant stage of the amendment is to be paid.
9. Do we include late submissions when determining the stage 2 fee?
Unless directed by the Minister, the planning authority can exercise its discretion over whether to accept a late submission.
10. Do pro-forma submissions count towards the total number of submissions?
Yes. However, it is important to note for stage 2(iii) in the table to regulation 6 that the fee for submissions that exceed 20 or more submissions is capped at 2727 fee units.
11. Who pays the panel costs?
In accordance with section 156 of the Act, the planning authority is responsible for the panels costs. However, under s.156(3) the planning authority can ask the proponent to agree to contribute to the amount due. If the proponent does not agree to pay the amount required to be paid, the planning authority may abandon the planning scheme amendment without referring submissions to a panel.
Planning permit fees
12. I have submitted a planning application before 13 October 2016, but I would like to amend the application after 13 October 2016. What fee do I pay?
If an application is made to amend a permit application on or after 13 October 2016, then the relevant fee is to be charged under regulation 12 of the 2016 regulations.
13. How is an amendment to an application for a permit calculated? Is the fee charged at 40% of the original permit fee or the new permit fee?
If an application is made on or after 13 October 2016, then the relevant fee is to be charged under regulation 12 of the 2016 regulations must be charged at 40% of the fee under the new planning fee regulations as the applicable regulations in operation at that point in time.
An application received on or after 13 October 2016 should be calculated as: 40% of the applicable new (higher) application fee plus any difference in the new fees between the existing permit class under regulation 9 and the new permit class.
FOR EXAMPLE - If an application to amend a class 11 permit application is made on or after 13 October 2016:
- Under regulation 12(1), 40% of the original (class 12) application fee is $604 (i.e. 40% of $1510)
- Under Regulation 12(3), if the amendment to the application were to have the effect of changing the class of that permit to a new class (i.e. pushes it up to a class 13), the applicant must pay the difference between the two classes which is $1756.50 (i.e. $3330.70 - $1510 = $1820.70) plus the ‘40% fee’ under regulation 12(1).
- TOTAL: $604 (i.e. the 40%) + $1820.70 (i.e. the difference) = $2424.70
14. A class 20 permit fee refers to per 100 lots created. Is it to be applied in lots of 100 or pro rata?
As set out in class 20 of regulation 9, a class 20 applies per 100 lots created and is not apportioned per lot. For example, a proposed development with 101 lots would be 2 x the statutory fee of 89 fee units.
15. Is there a fee for single dwellings with a development value over $2 million?
The single dwelling classes do not apply to dwellings valued over $2 million. This is because the single dwelling classes have been set at below cost recovery up to $2 million. This approach is designed to support affordability objectives for households.
If the estimated cost of single dwelling is more than $2 million, the 'develop land' classes 13-16 apply based on the applicable development value.
16. What types of application can be charged as a class 22 permit (i.e. a permit not otherwise provided for)?
For any permit application that does not fall into the defined fee classes of regulation 9, class 22 of Regulation 9 of the Planning and Environment (Fees) Regulations 2016 provides for "a permit not otherwise provided for in the regulations" fee 89 fee units. For example this fee could be applied to a permit application relating to the provision of parking spaces and loading and unloading of vehicles.
17. What is the appropriate fee for a two-lot subdivision?
Under Regulation 9 of the planning fee regulations, a two-lot subdivision falls into one of two fee classes:
- Class 9: VicSmart subdivision – is a fee of 13.5 fee units
- Class 18: A permit to subdivide land into 2 lots (other than a class 9 or class 17 permit) – is a fee of 89 fee units.
18. I have already submitted and paid for my application fee prior to 13 October 2016 but my application hasn’t been finalised. Do I need to pay any additional fees?
No. If you paid and submitted your application before 13 October 2016, the 2015 interim fees were operative and apply prior to 13 October 2016.
Planning permit amendment fees
19. How do I work out which fee applies for an amendment?
Regulation 11 states that the fee to be charged for an application to amend a permit is the fee that is specified in column 2 of the table in regulation 11.
The table to regulation 11 was replaced by the Planning and Environment (Fees) Amendment Regulations 2018 to provide that the fee to amend a development permit is based on the additional value of development to be permitted by the amendment.
20. What fee should be charged for an amendment to a permit issued before 13 October 2016?
If an application for an amendment to a permit is made on or after 13 October 2016, the fee for amending a permit must be charged in accordance with the new Planning and Environment (Fee) Regulations 2016 as the applicable regulations in operation at that point in time.
Other fees
21. What satisfaction matters does the fee apply to?
New regulation 18 of the planning regulations retains the wording of the 2015 interim regulations which allows a responsible authority to charge a fee for a satisfaction matter specified in a planning scheme on a per matter basis.
22. Is there a fee for secondary consents or a fee for applications for an extension of a permit?
No new fees will be introduced without further investigation of the costs of undertaking this work and ensuring that those costs are not partially or fully covered by other fees. Whether a new fee is warranted in the future will be considered as part of the mid-term review of the Regulations. Note: Regulations have a 10-year lifespan.
Subdivision fees regulations
23. Engineering plans are usually prepared by the developer so why are we providing a fee for a council to prepare engineering plans?
In the event that a developer does not or is not able to have engineering plans prepared and the council prepares the plan, there needs to be a capacity for the council to charge a fee.
A council will only be able to charge the fee where it prepares the engineering plans.
24. When should a Council apply fee waivers or rebates?
Regulation 12 of the subdivision fee regulations sets out when a Council can waive or rebate fees.
Page last updated: 30/06/22