Report and consent of Council

When you require Council's report and consent

If your building project does not meet a requirement of the Building Regulations 2018, you must get Council's report and consent, otherwise known as a dispensation, before a building permit can be issued.

This will be because of the way your proposed building has been designed.

The following are items that require application for Council report and consent where relevant:

Regulation	Report and consent subject matter
130(1)	Construction of a building over an easement vested in a service authority
Part 5	All report and consent matters relating to siting under Part 5 of the Building Regulations 2018
109(1)	If listed part of building projects beyond the street alignment at different height or distance to that specified in Part 6 of the Building Regulations 2018
109(2)	If any part of building that isn’t specified in Reg. 109(1) would project beyond the street alignment
134(2)	Construction of a building above or below a street, railway, bus terminal or similar public facility
116(4)	Building permit relates to erection of precautions over the street alignment
132(1)	Building permit application requires installation/alteration of septic tank system or construction of building over existing septic tank system
153(3)	If site is on allotment located in an area liable to flooding
154(1)	Construction of a building on “designated land or works” (Water Act 1989: flood prone land or land subject to uncontrolled overland drainage)
187(2)	An occupancy permit application involving installation/alteration of septic tank system or construction of building over existing septic tank system

Act.	Report and consent subject matter
29A	Demolition of a building or any part of the facade of the building

If you are not sure if report and consent is required, please ask your appointed building surveyor or contact Council.

Fees

See building fees for consent fees.

How to apply for report and consent

Apply online

Apply for all report and consent types through Councils Online Services.
As part of the online application process, the fee is paid online by Visa or MasterCard.
For Part 5 siting applications, Council needs comments from the owners of affected adjoining properties (see below). It can save you time and money if you obtain the comments of adjoining property owners before you lodge your application and simply upload them as part of the application.
Council must refer any application for consent to build on land liable to flooding to Melbourne Water. To get a faster result, take your plans to Melbourne Water before you lodge your application for consent with Council.

You can register as a user and sign in to Council Online Services before you apply. As a registered user, you don't need to re-enter your personal information and can keep track of requests and applications on any device.

Apply for consent for Part 5 Siting Variation

Apply for consent to demolish

Apply for consent to build over flood prone land

Apply for consent to build over an easement

Apply for consent for protection works Reg 116

Apply for consent for projections Reg 109

Apply by post or in person

Determine which building regulation you require report and consent from Council for.
A letter from your appointed Building Surveyor stating which regulation/s you are applying for the report and consent (dispensation) from Council.
Complete the Report and Consent Part A Application form (DOC 70Kb)
(not required for Section 29a Consent to demolish or 116 Public protection)
Each building regulation has its own application form. Download and complete the relevant building regulations consent (Part B) application form
(download Part B forms for each regulation below).
Attach 3 copies of plans of the building work.
Attach comments from owners of adjoining properties, if relevant
(download adjoining owners comments form below).
Lodge your application with the plans and the report and consent fee in person at Merri-bek Civic Centre, 90 Bell Street, Coburg, or by post to Building Services, Merri-bek City Council, Locked Bag 10, Merri-bek, 3058.

What happens after you apply

Once your application has been received, Council Building Services will review the application.

To get Council’s consent, your application must show how your design meets the Ministerial Decision Guidelines. These guidelines are outlined in the individual Part B application forms.

Comments from owners of adjoining properties

For siting consents, Council needs comments from the owners of affected adjoining properties as part of the application. Council considers these comments when making its decision.

Which property owners to notify

Council has adopted procedures detailing which affected property owners should be notified for each siting application type.

It can save you time and money if you obtain the comments of adjoining property owners before you lodge your application for consent.

You can discuss the level of notification with a Council Building Approvals Officer by phoning Council on 9240 1111 or by visiting the building counter at the Merri-bek Civic Centre, 90 Bell Street, Coburg.

Contact details of adjoining property owners

To request the contact address details for the owners of adjoining land before lodging your application, complete a Building Report and Consent Request for Adjoining Property Ownership Details form (DOC 59Kb) and submit this to Council with a fee. Council will then provide you with up-to-date details of adjoining property owners.

Council can also complete this step for you as part of the application process for a fee.

Obtaining comments from adjoining property owners

Council has developed forms to assist you in obtaining the comments of adjoining property owners.

These are two different forms depending on which Ministerial Guideline you need consent for:

Building regulations and consent (Part B) application forms

Section 29a Consent to demolish

Demolition of a building or any part of the facade of the building. Complete the Consent to Demolish Application form (DOC 54Kb).

Regulation 73 Maximum street setback

Part B Application form to vary Regulation 73 (DOC 52Kb)

A new dwelling must not be set back from the front street more than one-third of the depth of the allotment.

This regulation does not apply to an allotment equal to or greater than 0.40469ha.

Regulation 74 Minimum street setback

Part B Application form to vary Regulation 74 (DOC 53Kb)

A dwelling must not be set back from the front street less than the average of the setbacks of the front walls of the existing buildings on the adjoining allotments that face the street, or 9 metres, whichever the lesser.

If the proposed dwelling/additions is located on a corner allotment the dwelling/additions must be set back from the side street on corner allotments 2 metres, or the same as the front wall of the existing building on the adjoining allotment that faces the side street, whichever is the lesser.

Regulation 75 Building height

Part B Application form to vary Regulation 75 (DOC 48Kb)

A building cannot be more than 9 metres high, measured from natural ground level to the top of roof. If the allotment has a slope of 2.5º or more for at least 8 metres, then the building can be a maximum of 10 metres high from natural ground at any point.

Any part of a building built within 1 metre of a side or rear boundary cannot be more than 3.6 metres high and must also meet Regulation 80.

Regulation 76 Site coverage

Part B Application form to vary Regulation 76 (DOC 48Kb)

A maximum 60 per cent of the allotment can be covered by buildings (not including the land covered by eaves, fascia and gutters not exceeding 600 mm in total width, unroofed terraces, decks, patios and pergolas and unroofed swimming pools).

Regulation 77 Permeability

Part B Application form to vary Regulation 77 (DOC 49Kb)

Impermeable surfaces cannot cover more than 80 per cent of an allotment.

Permeable surfaces include: unroofed timber decking (with gaps), lawn, garden and vegetable beds.

Regulation 78 Car parking

Part B Application form to vary Regulation 78 (DOC 50Kb)

If a new dwelling is being built, you must provide space to park two (2) cars on the allotment as follows:

one space must be at least 6 metres long x 3.5 metres wide
the other space must be at least 4.9 metres long and 2.6 metres wide, and
if the car spaces are side by side, the width must be at least 5.5 metres and 6 metres long.

An alteration to a building cannot reduce the number of car parking spaces unless there are more than 2 spaces. In this case, the number of spaces can be reduced to two.

Regulation 79 Side and rear setbacks

Part B Application form to vary Regulation 79 (DOC 53Kb)

A building must be set back from the side and rear boundaries not less than:

Building height at any point

Minimum setback from side or rear boundary at that point

Up to 3.6 metres

1 metre

More than 3.6 metres but not more than

6.9 metres

1 metre plus 300 mm for every metre of height over 3.6 metres

More than 6.9 metres

2 metres plus 1 metre for every metre of height over 6.9 metres

Siting diagram Reg.414

This regulation does not apply to walls that meet Regulation 80.

The following may encroach into the required side or rear setback by not more than 500 mm:

porches, verandahs
masonry chimneys
sunblinds, screens installed to prevent overlooking under Regulation 84 (5)(d) or 84(6)
flues, pipes
domestic fuel tanks
water tanks, or
heating and cooling equipment.

The following can encroach into the required setbacks:

landings with an area no more than 2 square metres and less than 1 metre in height,
unroofed stairs and ramps
pergolas
shade sails
eaves, fascia, gutters no more than 600 mm in total width, or
carports (however, carports must also comply with Regulation 80).

Regulation 80 Walls on boundaries

Part B Application form to vary Regulation 80 (DOC 52Kb)

You can build a wall or carport on the side or rear boundary if:

the wall is on or within 200 mm of a side or rear boundary of an allotment.
the carport is constructed on or within 1 metres of a side or rear boundary if its open on the side facing the boundary.
the wall or carport is not more than an average of 3.2 metres high and a maximum height of 3.6 metres from natural ground.
the length of the wall or carport or that length combined with the length of any existing wall or carport must not exceed the greater of the following lengths:

- 10 metres plus 25 per cent of the remaining length of the boundary, or
- the proposed wall or carport abuts an existing wall or carport on an adjoining allotment which is within 150 mm of the boundary the proposed wall or carport can be constructed to the same length and height

This regulation does not apply if Regulation 82 applies

Regulation 81 Daylight to existing habitable room windows

Part B Application form to vary Regulation 81 (DOC 50Kb)

If your neighbour has a habitable room window facing the boundary, you must provide a light court to the window that is at least 3 square metres in area and with a dimension of at least 1 metre clear to sky.

If your wall or carport has an average height of more than 3 metres then it must be set back at least half the height of the wall or carport from a habitable room window on the adjoining allotment where the wall or carport is within a 55 degrees arc from the middle of the window.

416 Diagram

Regulation 82 Solar access to neighbours existing north facing habitable room windows

Part B Application form to vary Regulation 82 (DOC 50Kb)

A habitable room window or part of a window of an existing dwelling is considered a north-facing window if its axis perpendicular to its surface is orientated north 20 degrees west to north 30 degrees east.

If your neighbour has a north facing habitable room window less than 3 metres to the boundary, then your building must be set back the follow distances for 3 metres from the edge of each side of your neighbour’s habitable window:

Building height at any point	Minimum setback from side or rear boundary at that point
Up to 3.6 metres	1 metre
More than 3.6 metres but not more than 6.9 metres	1 metre plus 600 mm for every metre of height over 3.6 metres
More than 6.9 metres	3 metres plus 1 m for every metre of height over 6.9 metres

417 Diagram

The following may encroach into the setback distance required by not more than 500 mm and to a height not exceeding 2.5 metres:

Flues and pipes
Domestic fuel tanks and water tanks
Heating and cooling equipment and other services

Regulation 83 Overshadowing of recreational private open space

Part B Application form to vary Regulation 83 (DOC 50Kb)

The proposed building must not reduce the sunlight to "recreational private open space" of an existing dwelling on an adjoining allotment to less than the required minimum area of the recreational private open space.

Your neighbour’s “recreational private open space” must receive at least 5 hours of sunlight between the hours of 9 am and 3 pm on 22 September.

In this regulation the required minimum areas of "recreational private open space" is the lesser of:

75 per cent of the recreational private open space
40 square metres with minimum dimension of 3 metres.

If the existing amount of sunlight to "recreational private open space" on an adjoining allotment is less than the amount required on the 22 September, then your building work cannot further reduce sunlight to your neighbour’s "recreational private open space."

Note: “Recreational private open space” is any part of private open space:

at the side or at the rearof an existing dwelling, or
within the front of an existing dwelling which is screened for at least 90 per cent of its perimeter with a wall fence or barrier that is at least 1.5 metres high and no more than 25 per cent open, and
is mainly used for outdoor recreational activities.

Regulation 84 Overlooking

Part B Application form to vary Regulation 84 (DOC 50Kb)

Your proposed habitable room window or elevated open space must not provide a direct line of sight into a habitable room window or “secluded private open space” of an existing dwelling on an adjoining allotment.

“Direct line of sight” is measured from a height of 1.7 metres above the floor level of the habitable room for a horizontal distance of 9 metres and a 45 degrees angle from the plane of the window or landing or balcony etc.

A habitable room window complies if it:

is offset at least 1.5 metres from the edge of your window to the edge of your neighbour’s window, or
has a sill height of at least 1.7 metres above floor level, or
has fixed obscured glazing in any part of the window below 1.7 metres above floor level, or
is fitted with a permanent fixed screen which has no more than 25 per cent of its area open.

A window may be able to be opened provided that when open the obscure glazing or screening does not permit a direct line of sight.

A raised open space complies if the direct line of sight into the habitable room window secluded private open space on the adjoining allotment is blocked by a permanent fixed screen which has no more than 25 per cent of its area open.

Note: "raised open space" means a landing with an area of more than 2 square metres, a balcony, a terrace, a deck or patio.

This regulation does not apply to a new habitable room window if:

there is a visual barrier at the boundary that is at least 1.8 metres high, and
the floor level of the new habitable room window or raised open space is less than 800 mm above ground level when measured at the boundary.

Note: “Secluded private open space” is any part of private open space:

which is screened for at least 90 per cent of its perimeter with a wall, fence or other barrier that is at least 1.5 metres high and no more than 25 per cent open, and
is mainly used for outdoor recreational activities.

Regulation 85 Daylight to habitable room windows

Part B Application form to vary Regulation 85 (DOC 48Kb)

Your new habitable room window must face:

an outdoor space or light court with an area of at least 3 square metres and have a minimum dimension of 1 metre clear to the sky (this cannot include land on your neighbour’s property), or
a verandah if the verandah is open for at least one-third of its perimeter, or
a carport on the allotment if the carport is open for at least one-third of its perimeter, with two (2) or more sides open.

Note: a side of a verandah or carport is considered open if it is at least 500 mm from another building on the adjoining allotment or the adjoining allotment boundary.

Regulation 86 Private open space

Part B Application form to vary Regulation 86

You must provide at least 80 square metres or 20 per cent of the area of your allotment, (whichever is less) of private open space.

For the purposes of this regulation the private open space must include an area at the side or rear of the building

that is at least 25 square metres with a minimum dimension of 3 metres
that has convenient access from a habitable room (other than a bedroom).

Regulation 87 Siting of Class 10a building

Part B Application form to vary Regulation 87 (DOC 45Kb)

You cannot build a class 10a building such as a garage on your property if there is no other building.

Regulation 89 Front fence height

Part B Application form to vary Regulation 89 (DOC 50Kb)

The fence or part of a fence at the front of your property within 3 metres of the street alignment cannot be higher than the maximum height shown below:

The street is a declared main road	maximum - 2 metres
The street is any other street	maximum - 1.5 metres

Regulation 90 Fence setbacks from side and rear boundaries

Part B Application form to vary Regulation 90 (DOC 46Kb)

A fence that is higher than 2 metres must be setback from the side or rear boundary (including a boundary that is a side or rear street alignment) not less than the distance shown below:

Fence height at any point	Minimum setback from side or rear boundary
More than 2.0 metres, not more than 3.6 metres	At least 1 metre
More than 3.6 metres, not more than 6.9 metres	1 metre plus 300 mm for every metre over 3.6 metres
More than 6.9 metres	2 metres plus 1 metre for every metre of height over 6.9 metres

This regulation does not apply to a fence that complies with Regulation 91.

Regulation 91 Fences on or within 150 mm of side or rear boundary setbacks from side and rear boundaries

Part B Application form to vary Regulation 91 (DOC 46Kb)

The total length of fences that are more than 2 metres in height and are constructed on or within 150 mm of a side or rear boundary or that total length combined with the length of any carport, or wall and carport must not exceed the greater of the following lengths:

10 metres long plus 25 per cent of the remaining length of the boundary of an adjoining allotment, or
the fence is no more than an average of 3 metres high and maximum of 3.6 metres high along the boundary.

Fences within 150 mm of the boundary are considered to be on the boundary.

If the proposed fence abuts an existing wall on or within 150 mm of the boundary, you can build the fence at the same height and length as the existing wall.

This regulation does not apply to a fence if it is:

constructed on or within 150 mm of a boundary that is a side or rear street alignment, or
provided to comply with Regulation 84 and

- is not more than 2.5 metres in height

- the part of the fence between 2 metres and 2.5 metres in height has between 20 per cent and 25 per cent of its area open.

Regulation 92 Fences on street alignments

Part B Application form to vary Regulation 92 (DOC 46Kb)

You can build a fence within 9 metres of an intersection, however the fence cannot be higher than 1 metre.

You cannot build a fence containing barbed wire or sharp protrusions unless:

the fence is set back at least 150 mm from the boundary of a street or public open space, or
the barbed wire or other sharp protrusions is at a height of at least 2 metres above the ground.

Regulation 94 Fences and daylight to windows in existing dwellings

Part B Application form to vary Regulation 94 (DOC 46Kb)

If you or your neighbour has a habitable room window facing the boundary an you propose to build a fence that is more than 2 metres, you must provide a light court to the habitable room window that is at least 3 square metres in area and with a dimension of at least 1 metre clear to sky.

The area of the light court can include land on your neighbour’s property.

If your fence is more than 3 metres high then it must be built at least half its height from a habitable room window where the fence is within a 55 degree arc from the middle of the window.

Regulation 95 Fences and solar access to existing habitable room windows

Part B Application form to vary Regulation 95 (DOC 46Kb)

If your neighbour has a north facing habitable room window less than 3 metres to the boundary, then your fence must be set back the following distances for 3 metres from the edge of each side of your neighbour’s habitable window:

Building height at any point	Minimum setback from side or rear boundary at that point
Up to 3.6 metres	1 metre
Between 3.6 metres and 6.9 metres	1 m plus 600 mm for every metre of height over 3.6 metres
More than 6.9 metres	3 metres plus 1 metre for every metre of height over 6.9 metres

A habitable room window or part of a window of an existing dwelling is considered a north facing window if its axis perpendicular to its surface is orientated north 20 degree west to north 30 degree east.

Regulation 96 Fences and overshadowing of recreational private open space

Part B Application form to vary Regulation 96 (DOC 46Kb)

The proposed fence over 2 metres must not reduce the sunlight to "recreational private open space" of an existing dwelling on an adjoining allotment to less than the required minimum area of the recreational private open space.

Your neighbour’s “recreational private open space” must receive at least 5 hours of sunlight between the hours of 9 am and 3 pm on 22 September.

In this regulation the required minimum area of "recreational private open space" is the lasser of:

75 per cent of the recreational private open space; and
40 square metres with minimum dimension of 3 metres

If the existing amount of sunlight to "recreational private open space" on an adjoining allotment is less then the amount required on the 22 September, then the proposed fence cannot further reduce sunlight into your neighbour's "recreational private open space."

Note: “Recreational private open space” is any part of private open space on an allotment:

at the side or at the rear of an existing dwelling, or
within the front setback of an existing dwelling which is screened for at least 90 per cent of its perimeter with a wall, fence or other barrier that is at least 1.5 metres high and no more than 25 per cent open, and
is mainly used for outdoor recreational activities.

Regulation 97 Mast, poles, etc.

Part B Application form to vary Regulation 97 (DOC 46Kb)

If you intend to install a mast, poles, aerial, antenna, chimney, flue, pipe or other service pipe, it cannot be:

more than 3 metres higher than the highest part of a building to which it is attached, or
more than 8 metres high from ground level when not attached to a building.

Regulation 109 Projections beyond the street alignment

Part B Application form to vary Regulation 109 (DOC 47Kb)

Report and consent of Council is required if you wish to build any of the following which will project beyond the street alignment at a different height or distance than specified in the Building Regulations:

an architectural feature or similar part of a building
a window
a balcony
a verandah has been constructed and attached to the rear of the dwelling without a building permit being issued and in force.
a sunblind
an awning
a service pipe
a rainwater head
a service installation
a window shutter
a sign or similar Class 10b structure, or
a service cabinet door.

Council will assess the safety to the public before giving consent to any variation to this regulation.

Regulation 134 Buildings above or below certain public facilities

Part B Application form to vary Regulation 134 (DOC 46Kb)

Report and consent of Council is required if you wish to build above or below a street, railway, bus terminal or similar public facility

Regulation 116 Public protection

Application for Report and Consent of Council under Regulation 116 - Public Protection (DOC 59Kb)

For this regulation, you do not need to complete the Report and Consent Part A application form.

You may also need an Occupation and Hoarding permit from Council to occupy Council land. This includes roads, footpaths and nature strips. Apply for an Occupation and Hoarding permit after you have consent from Council under building regulation 604 and have received copies of the endorsed plans.

Regulation 153 - Flooding and 154 - subject to inundation

Part B Application form to vary Regulation 153 and 154 (DOC 74Kb)

Report and consent of Council is required if you wish to build on a property that is in an area:

liable to flooding as determined by Water Act 1989, identified in the Merri-bek Planning Scheme, or described on certified or sealed plan or subdivision or plan of strata subdivision or plan of cluster subdivision.
designated as being likely to be flooded by waters from a waterway as described in the Water Act 1989, or any land on which water accumulates or over which surface water flows including land which could suffer flooding from a drainage system.

This regulation does not apply to:

a class 10 building such as a garage or carport, or
an unenclosed floor area of a building, or
alterations to an existing building if the floor area of the building is not increased by more than 20 square metres.

Council must refer any application for consent to build on land liable to flooding to Melbourne Water. To get a faster result, take your plans to Melbourne Water before you lodge your application for consent with Council.

The Building in Flood Prone Areas brochure (DOC 260Kb) provides more information on this process which could save you time.

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