Do new buildings in Melbourne need an ESD report?

An ESD or energy assessment is commonly required where a planning permit includes ESD conditions; check your planning permit requirements or pre-application advice from the City of Melbourne.

Who enforces energy efficiency requirements?

City of Melbourne enforces planning permit conditions and the Victorian Building Authority enforces building code compliance; use the official contacts in the Resources section to report breaches.

Can I appeal a compliance notice?

Yes—appeal and review rights exist through VCAT or the relevant tribunal for planning and building matters; time limits and procedures are set out in the governing legislation and associated guidance.

Melbourne New Building Energy Efficiency Bylaws

Environmental Protection Victoria 4 Minutes Read · published February 11, 2026

In Melbourne, Victoria, new building projects must meet municipal and state energy efficiency expectations during planning and building approval. This guide explains how City of Melbourne planning policies, state building codes and local compliance pathways interact for new construction, what documentation is required, and how enforcement and appeals work in practice. It is aimed at designers, builders, developers and owners preparing permit applications or responding to compliance queries.

Overview of Requirements

Energy efficiency for new buildings in Melbourne is delivered through a combination of local planning policy (including Environmentally Sustainable Development objectives), the Victorian planning scheme for the municipality, and state building regulations such as the National Construction Code administered in Victoria by the Victorian Building Authority. Project applicants should reference both planning permit conditions and building permit/NCC requirements when preparing designs and reports.Melbourne Planning Scheme^[1] City of Melbourne sustainable building guidance^[2] Victorian Building Authority (VBA)^[3]

Check both planning permit conditions and building permit requirements early in design.

Key compliance pathways

Planning permit conditions requiring Environmentally Sustainable Development (ESD) reports, energy modelling or a NatHERS/Section J compliance report.
Building permit documentation compliant with the National Construction Code (NCC) energy provisions as enforced by the VBA.
Submission of compliance documentation at occupation certification or as a condition of planning approval.
On-site measures and construction inspections to verify installed systems meet approved designs.

Penalties & Enforcement

Enforcement of energy efficiency-related conditions may be carried out by the City of Melbourne for planning permit breaches and by the Victorian Building Authority for building code non-compliance. Specific penalty figures and structured fine schedules for energy efficiency breaches are not specified on the cited municipal or VBA overview pages; see the linked official sources for where monetary penalties are published or applied in practice.^[2]^[3]

Fine amounts: not specified on the cited page for municipal ESD or VBA overview pages.
Escalation: first, repeat and continuing offence procedures are not specified on the cited overview pages; enforcement usually follows notice, direction and then penalty steps specified in the Planning and Environment Act or building legislation.
Non-monetary sanctions: enforcement can include remedial or stop-work orders, compliance notices, requirements to rectify work, refusal of occupancy permit, and prosecution in court where applicable.
Enforcer and complaints: City of Melbourne Planning Compliance handles planning breaches, and the VBA handles building code enforcement; use the council compliance contact or VBA complaints pages linked in Resources below.
Appeals and reviews: appeal rights typically proceed to VCAT for planning permit matters and to the appropriate tribunal or court for building disputes; exact time limits and pathways are set out in the Planning and Environment Act 1987 and building legislation and are not specified on the cited municipal overview pages.
Defences/discretion: discretionary permits, approved variations, reasonable excuse and compliance plans may be accepted where formally approved by the decision-maker; specific statutory defences are not specified on the cited overview pages.

If you receive a compliance notice act quickly to seek advice and lodge any required documentation.

Applications & Forms

The City of Melbourne and the VBA publish forms and submission processes for planning permits, building permits and compliance reporting. Where a specific ESD or energy compliance form number is required, refer to the planning permit documentation or the building permit checklist on the linked official pages; if no specific municipal form number for energy efficiency is published, it is not specified on the cited page.^[2]

Planning permit application: use the City of Melbourne planning permit application process and attach ESD/energy reports as required by the permit conditions.
Building permit application: submit NCC compliance documentation to your registered building surveyor and the VBA as applicable.
Fees: specific fees for energy assessment review are set by application type and are not specified on the general overview pages.

Common violations

Failure to submit required ESD or energy modelling reports as a planning condition.
Constructed building elements not matching approved energy-efficient designs (glazing, insulation, HVAC).
Non-compliant building permit documentation or lacking NCC energy compliance evidence at occupation.

Action Steps

Early: confirm applicable planning permit ESD conditions during pre-application with City of Melbourne planning officers.
Design: obtain required energy modelling or NatHERS/Section J reports and record them in permit submissions.
Construction: ensure inspections verify installed systems match approved specifications.
Compliance: retain documentation for occupation consent and respond promptly to any compliance notice.

FAQ

Do new buildings in Melbourne need an ESD report?: An ESD or energy assessment is commonly required where a planning permit includes ESD conditions; check your planning permit requirements or pre-application advice from the City of Melbourne.
Who enforces energy efficiency requirements?: City of Melbourne enforces planning permit conditions and the Victorian Building Authority enforces building code compliance; use the official contacts in the Resources section to report breaches.
Can I appeal a compliance notice?: Yes—appeal and review rights exist through VCAT or the relevant tribunal for planning and building matters; time limits and procedures are set out in the governing legislation and associated guidance.

How-To

Confirm applicable planning and building requirements during project conception and record them in a compliance checklist.
Commission required energy assessments and incorporate findings into the design documentation.
Submit reports with planning and building permit applications and retain approvals on site during construction.
Schedule inspections to verify compliance and respond immediately to any compliance notices.

Key Takeaways

Coordinate planning and building compliance early to avoid delays.
Keep clear records of energy assessments and approvals for occupation certification.