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 a building design does not comply with siting requirements under the regulations, a building surveyor cannot issue a building permit until you obtain a Report and consent from Council.
When applying for report & consent, you need to provide supporting information 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 relevant report & consent appendix including an extract of the regulation and the decision guidelines that Council are required to use.
Some of the regulations require additional information such as adjacent owner's comments or referrals to other agencies. The application form lists these requirements against the applicable regulation.
Please refer to the relevant appendix to assist you with your application.
How to apply
- Complete the report and consent application form Part A(PDF, 1MB). Unsure your application is siting or non-siting? Please refer to the table below.
- Complete the Part B application form. Find these below in the Report & Consent Forms and Appendix Table. You will need one for each applicable regulation.
- If instructed in the Part B form, obtain the Adjoining Owners Consent.
- Pay a fee of $320.25 (non-siting) or $448.30 (siting) per regulation.
Report & Consent Forms and Appendix Table
|
Regulation
|
Application Form Part B
|
Regulation and Decision Guidelines |
| Siting |
|
Maximum boundary setback does not comply
|
Reg. 73
|
Appendix 1
|
|
Minimum setback from a street boundary does not comply
|
Reg. 74
|
Appendix 2
|
|
Maximum building height does not comply
|
Reg. 75
|
Appendix 4
|
|
Site coverage exceeds 60% of the allotment and does not comply
|
Reg. 76
|
Appendix 12
|
|
Impermeable surface area does not comply
|
Reg. 77
|
Appendix 13
|
|
Provision for car parking space and car parking space dimensions do not comply
|
Reg. 78
|
Appendix 14
|
|
Side or rear boundary setbacks do not comply
|
Reg. 79
|
Appendix 3
|
|
Walls within 200mm of a boundary or carports within 1m of boundary do not comply
|
Reg. 80
|
Appendix 5
|
|
The proposed building reduces solar access to existing habitable room window on the adjoining allotment and does not comply
|
Reg. 81
|
Appendix 6
|
|
Proposed building reduces solar access to existing north-facing habitable room window on the adjoining allotment and does not comply
|
Reg. 82
|
Appendix 7
|
|
Overshadowing –proposed building reduces sunlight to a recreational private open space (RPOS) of an existing dwelling on an adjoining allotment and does not comply
|
Reg. 83
|
Appendix 8
|
|
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
|
Reg. 84
|
Appendix 9
|
|
Daylight to new habitable room window of a proposed building does not comply
|
Reg. 85
|
Appendix 10
|
|
The size of the private open space for the proposed building does not comply
|
Reg. 86
|
Appendix 11
|
| Open space for small second dwelling does not comply. |
Reg. 86A(PDF, 391KB) |
Appendix 11a(PDF, 72KB) |
|
To ensure a small second dwellings has safe access.
|
Reg. 86B |
Appendix 11b(PDF, 392KB) |
|
Siting of Class 10a building is not appurtenant to a building of another class
|
Reg. 87
|
Appendix 23
|
|
Maximum front fence height does not comply
|
Reg. 89
|
Appendix 15
|
|
Fence on a side or rear boundary exceeds 2m in height does not comply
|
Reg. 90
|
Appendix 16
|
|
Fence within 150mm from side or rear boundary exceeds 2m in height and does not comply
|
Reg. 91
|
Appendix 17
|
|
Fence within 9m of a point of intersection of street alignments exceeds 1m in height and does not comply
|
Reg. 92
|
Appendix 18
|
|
Proposed fence (exceeding 2m in height) reduces daylight to an existing habitable room window on an adjoining allotment and does not comply
|
Reg. 94
|
Appendix 19
|
|
Proposed fence (exceeding 2m in height) reduces daylight to an existing north-facing habitable room window on an adjoining allotment and does not comply
|
Reg. 95
|
Appendix 20
|
|
Overshadowing –proposed fence reduces sunlight to a recreational private open space (RPOS) of an existing dwelling on an adjoining allotment and does not comply
|
Reg. 96
|
Appendix 21
|
|
Proposed mast, pole, aerial, antenna, chimney flue pipe or other service pipe does not comply
|
Reg. 97
|
Appendix 24
|
| Non-siting |
|
Part 6 - Regulations 99-108
- Architectural features – narrow
- Architectural features – medium
- Architectural features – wide
- Windows and balconies
- Verandahs
- Sunblinds and awnings
- Service pipes and rainwater heads
- Window shutters
- Signs
- Service cabinet doors
Part 8
- Building above and below certain public facilities
|
Parts 6 & 8 |
Appendix 25 |
|
Construction of buildings on land liable to flooding
|
Reg. 153(PDF, 887KB)
|
Appendix 26
|
Visit Council's Building & Planning Resources page for building and planning application and registration forms.
Prior to the commencement of demolition or removal of a building (including partial demolition/removal) Consent from Council may be required before starting any demolition or removal. Please speak with the Building Surveyor handling your building permit to see if a 'Section 29A Request for Report and Consent' for demolition application is required.
To apply for Section 29a demolition consent.
Please note a Building Permit is required in addition to the consent before demolition or removal of a building.
An easement is a section of land to which Council (or other nominated agencies or authorities) has a right of access, usually because it supports essential services like;
- stormwater drainage
- sewerage
- power infrastructure
If we can't access an easement we can't do maintenance work.
Because of this we don't allow habitable structures to be built over an easement, but we may allow certain temporary, removable or lightweight structures.
Submit the Build Over Easement Consent(PDF, 667KB) to see whether the proposed development qualifies for approval. Should you require additional information, please contact our infrastructure department on 03 5232 9400 or inq@colacotway.vic.gov.au