How to avoid building permit delays on your new home build
Written By Annelyse Stead | Australian Home Building & Renovation Contract Specialist | M. Construction Law | B.Construction ManagementYou've signed your building contract. You're excited. The plans are done, the site is ready, and you're counting down the days until construction starts.
But then… nothing happens.
Weeks go by. Your builder tells you they're "waiting on permits." You start to panic. Is this normal? Who's supposed to be handling this? And most importantly—could you have avoided this delay?
The truth is, building permit delays are one of the most common reasons new home builds don't start on time. And yet, most homeowners don't realise how much control they actually have over this issue—if they know where to look in their contract.
In this post, I'll walk you through exactly how to avoid permit delays, what to check in your contract before you sign, and what to do if you're already stuck waiting.
1. Why building permits cause delays (and why most contracts don't protect you)
Every single new build in Australia requires a building permit. No permit, no construction. It's that simple.
But here's what catches most people out: your contract might not clearly state who's responsible for getting that permit, how long it should take, or what happens if there's a delay.
I've seen homeowners assume their builder is handling it, only to find out weeks later that they were supposed to organise it themselves. I've also seen builders delay applying for permits because the contract gave them a vague timeframe with no consequences for missing it.
The result? Your start date gets pushed back, and you're left wondering if you have any recourse.
2. Where to find permit responsibility in your building contract
If you want to avoid this mess, you need to check your contract before you sign. Here's exactly where to look:
Head to the general conditions section
In your building contract, there's a section called general conditions. Within that, you'll find a clause about commencement—this is where the permit responsibility should be spelled out.
This clause will outline:
When the building project will officially start
What needs to happen before work can begin (including permits)
Who is responsible for obtaining the permits
Who pays for the permits
The timeframe in which permits must be secured
Check the manually filled-out boxes
Most standard building contracts have little boxes that get filled in manually. This is where you'll usually find the specifics about permits.
Look for a section that names:
Who is obtaining the permit (you or the builder?)
Who is paying for the permit (permit fees can be thousands of dollars)
The expected timeframe (e.g., "within 60 days of signing")
Key tip: If these boxes are blank or vague, don't sign until they're filled in properly. A missing detail here can cost you months of delays.
3. What to do if there's already a delay with your building permit
If you're reading this and you're already stuck waiting for a permit, don't panic. Permit delays are incredibly common, and there are steps you can take to get things moving.
Step 1: Confirm who is responsible
Go back to your contract and double-check who was supposed to secure the permit and when. This will tell you whether the delay is your builder's problem or something you need to chase up.
Step 2: Call the building surveyor
A quick phone call to the building surveyor can give you clarity on where things are at. Ask:
What stage is the permit application at?
Is there any missing information holding it up?
Is there anything you can do to speed up the process?
Sometimes, all it takes is one missing document or signature to unlock the whole thing.
Step 3: Consider a staged permit
In some cases, you can request a staged permit to get construction started sooner. For example, you might be able to get approval to start demolition or site preparation while you wait for the full building permit to be processed.
Always ask your building surveyor what options are available—this simple question could save you weeks of waiting.
4. When will building work actually commence?
Once your building permit (and any other required documents) has been issued, your builder is usually required to start work within a set number of days. This is a pretty standard requirement in most Australian building contracts.
Here's what you should do as soon as you have the permit:
Notify your builder immediately that the permit has been received
Ask them to confirm the official commencement date in writing
Check that the start date falls within the pre agreed window outlined in your contract
If your builder delays beyond this timeframe without a valid reason, you may have grounds to raise it as a contract issue.
5. How to protect yourself before you sign
The best way to avoid permit delays is to make sure your contract is airtight from the start. Here's what I recommend:
Read the commencement clause carefully and make sure permit responsibility is clearly defined
Don't leave any boxes blank—if something is unclear, ask your builder to fill it in before you sign
Set realistic timeframes—permits can take 6-12 weeks in some areas, so make sure the contract reflects this
Understand the consequences of delays—does your contract include penalties or extensions if permits aren't secured on time?
These small checks can save you months of frustration and thousands of dollars in holding costs.
Ready to nail your new home build?
Building contract support that uncomplicates navigating a new home build.
Building permit delays are one of the most common—and most avoidable—issues on new home builds. But only if you know what to look for in your contract and what to do if things go wrong.
This is exactly the kind of support I provide when reviewing building contracts. It's not about rewriting everything—it's about making sure the details are filled out correctly and that you're protected from unnecessary risks.
If you're feeling unsure about your contract, I'd love to help. In just minutes, a Building Contract Health Check will give you the clarity and confidence you need to move forward with your build. I dive deep into the details and find solutions for issues before they happen.
Thanks for reading, and catch you in the next post 😊
Annelyse
Construction Management | M. Construction Law
