Apply for Council consent

The Building Regulations contain a number of provisions where Council can decide on a variation to a proposal that does not comply with the relevant regulation, for example reduction of your front setback, building on land liable to flooding, or building a shed on vacant land.

When applying for Report and Consent (demolition or siting consent), you need to provide a supporting argument as to why you are requesting the change. These may include restrictions to the property or the building design that do not allow siting to comply, such as the shape or slope of the allotment, height of the building or positioning of a window. Further information can be found in the Minister’s guidelines in the Related information at the bottom of this page.

Fees

The fee payable is $294.75 per regulation.

How to apply

Demolition consent

Before commencing demolition or removal of a building (including partial demolition/removal), you may be required to apply for Section 29a demolition consent. Please note a Building Permit is required in addition to the consent before demolishing or removing a building.

Complete the Report and Consent application form for proposed demolition if you are:

  • Demolishing a building, or
  • Making alterations to the façade of the property.

Apply for demolition consent

Siting consent

Siting consent is required when you are proposing works that are outside of what the regulations allow. This applies to situations as outlined in the regulations table below.

Apply for siting consent

Please note, some regulations require the applicant to obtain adjoining property owner comments. If your application requires this form you will be prompted to print, complete and seek approval from adjoining property owners as part of your application. Please use this adjoining property owner comment(PDF, 112KB) form in your application, if required.

Regulations

Reg. No.

Regulation

73

Maximum boundary setback does not comply

74

Minimum setback from a street boundary does not comply

75

Maximum building height does not comply

76

Site coverage exceeds 60% of the allotment

77

Impermeable surfaces covering more than 80% of an allotment area

78

Minimum 2-car parking space dimensions do not comply

79

Side or rear boundary setbacks do not comply

80

Walls or carports within 1m of boundary that do not comply with the average height of 3m, maximum height of 3.6m or maximum length

81(1)

Wall or carport is within the minimum 1m wide x 3m long light court or exceeds an average height of 3.0m and is within the minimum light court setback mentioned in Regulation 81(1) from an existing habitable room window in an existing building on an adjoining allotment (daylight to existing habitable room window)

82

Proposed building reduces solar access to existing north-facing habitable room window on the adjoining allotment and does not comply

83

Overshadowing. Proposed building reduces sunlight to a recreational private open space (RPOS) of an existing dwelling on an adjoining allotment and does not comply

84

Overlooking. Proposed habitable room window or private open space provides direct line of sight into the adjoining allotment’s secluded private open space or habitable room window and does not comply

85

Daylight to new habitable room window of a proposed building does not comply

86

The size of the private open space for the proposed building does not comply

87

Class 10 Building on a Vacant Allotment

89

Maximum front fence height does not comply

90

Fence on a side or rear boundary exceeds 2m in height and does not comply

91

Fence within 150mm from side or rear boundary exceeds 2m in height and does not comply

92

Fence within 9m of a point of intersection of street alignments exceeds 1m in height and does not comply

94

Proposed fence (exceeding 2m in height) reduces daylight to an existing habitable room window on an adjoining allotment and does not comply

95

Proposed fence (exceeding 2m in height) reduces daylight to an existing north-facing habitable room window on an adjoining allotment and does not comply

96

Overshadowing. Proposed fence reduces sunlight to a recreational private open space (RPOS) of an existing dwelling on an adjoining allotment and does not comply

97

Proposed mast, pole, aerial, antenna, chimney flue pipe or other service pipe does not comply

99

Architectural features – narrow

100

Architectural features – medium

101

Architectural features – wide

102

Windows and balconies

103

Verandahs

104

Sunblinds and awnings

105

Service pipes and rainwater heads

106

Window shutters

107

Signs

108

Service cabinet doors

109

Projections beyond street alignment

130* (see below)

Building over easements

134

Building above and below certain public facilities

153

Construction of buildings on land liable to flooding

154

Construction on designated land or designated works

*Building over an easement – Regulation 130

Consent is required to build over an easement. Your property title will show any easements on your property including details of the relevant authority involved. Permission to build over an easement should be sought from the relevant authority. 

The most common types of easement are stormwater (Council), water and sewerage (Central Highlands Water or Coliban Water). Other types of easements may also be present such as powerlines or access for the adjoining properties. 

You will need to apply for Council consent to build over an easement or to the local water authority (Central Highlands Water or Coliban Water) for water and sewerage easements.

Related information