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 $320.25 per siting regulation.

The fee payable is $93.90 per demolition consent application.

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
74A	Building setback for small second dwellings
75	Maximum building height does not comply
76	Site coverage exceeds 60% of the allotment
76A	Minimum garden area
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
86A	Private open space for small second dwellings
86B	Accessibility for small second dwellings (unobstructed path for safety and accessibility purposes, including in case of emergency)
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.