Can I avoid a planning permit if I only build to BAL-12.5?

Not if a Bushfire Management Overlay applies, the overlay triggers the planning permit regardless of the BAL outcome. If your land is only a designated Bushfire-Prone Area (no BMO), you may not need a planning permit but you must still build to at least BAL-12.5. Confirm with your council.

What is defendable space?

Defendable space is a managed area around the home where vegetation is modified to reduce bushfire intensity and give the building a better chance of surviving. The CFA sets the required defendable space based on your BAL and slope; it can affect where the house sits and how much of the block you can plant out.

Bmo Planning Permit Guide

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How-to guide · Supporting Bushfire Builders

Building in a Bushfire Management Overlay (BMO)

If a BMO applies to your block you usually need a planning permit, with CFA referral, before you can get a building permit. Here is how the Victorian process actually runs.

Last reviewed by BuildPilot · 24 June 2026

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In brief

The Bushfire Management Overlay (BMO) is a control in the Victoria Planning Provisions applied to land with the highest bushfire risk. It is common across the Yarra Ranges, Nillumbik, the Dandenongs, Macedon Ranges, parts of Cardinia, Mitchell, the Surf Coast and the Mornington Peninsula.

If your block is in a BMO, building a new home almost always needs a planning permit before a building permit. This guide walks through the Victorian process.

Key takeaways

1A BMO triggers a planning permit assessed by your council with referral to the CFA.
2You must usually provide a Bushfire Management Statement and a Bushfire Attack Level assessment.
3Defendable space, access, water supply and vegetation management conditions are common permit requirements.
4The planning permit comes FIRST, then the building permit to AS 3959 through a Relevant Building Surveyor.

STEP 1

1. Confirming the overlay and what it requires

Check your parcel on VicPlan (mapshare.vic.gov.au) or your council map for the Bushfire Management Overlay.

If the BMO applies, you will need a planning permit under the overlay for most new dwellings and many extensions.

The application is assessed by your council as responsible authority, and referred to the CFA as a determining referral authority, meaning CFA conditions must be included on the permit.

STEP 2

2. The bushfire documents you will need

A Bushfire Management Statement explaining how the proposal meets the bushfire objectives of the planning scheme.

A Bushfire Attack Level (BAL) assessment for the building envelope, prepared by an accredited consultant.

A Bushfire Management Plan showing defendable space, vegetation management, access for fire trucks and static water supply.

Poorly prepared statements are the most common cause of delay, so engage an experienced bushfire consultant before you finalise the house siting.

STEP 3

3. From planning permit to building permit

Once the BMO planning permit is issued with its CFA conditions, you appoint a Relevant Building Surveyor (the owner appoints, not the builder).

The surveyor issues the building permit and the home is constructed to the BAL set under AS 3959-2018.

Defendable space and vegetation management conditions often sit on title and must be maintained for the life of the home.

Budget extra time: a BMO planning permit commonly adds several months over a standard greenfield build.

FAQs

It varies by council and complexity, but a BMO planning permit with CFA referral commonly runs several months, longer than a standard permit, because of the referral, any requests for further information, and public notice where required. Start the bushfire assessment early.

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