The Building Regulations 2018 sets siting requirements to protect amenity, such as:
- maximum height
- minimum setbacks
- overlooking and overshadowing requirements.
Apply for Report and Consent when your building plans do not comply with the siting requirements.
Before you apply
Check that you have a strong case for not complying with the siting requirements by:
- consulting an architect or building designer for design advice
- reviewing the non-compliance with a building surveyor
- talking to your neighbours about your design plans
- discussing the design with our Building Services team.
Apply for Report and Consent
Download and complete the application form below.
Email your application to [email protected].
The application fee is $311.80 per regulation. You must pay this amount for each building regulation that you do not comply with.
Consult with your neighbours
You must get feedback from your immediate neighbours, including adjoining property owners.
You can collect feedback yourself, or we can do it for a fee of:
- $182.00 for up to 2 adjoining properties
- $81.00 for each subsequent property.
Tick the box on your application form if you want us to collect the feedback for you.
How to collect feedback yourself
If you plan to collect feedback yourself, you must submit this with your application form.
- Download the relevant form below.
- Ask your neighbours to add their comments, and sign the form and your plans.
- Submit the forms and signed plans with your application.
There are 3 forms for different scenarios:
- Street and side boundary setbacks feedback form
Use this form when you:
- plan to change your property's side or rear boundary setbacks
- have a boundary wall with excessive height or length.
- Daylight, overlooking, overshadowing feedback form
Use this form when your plans:
- affect adjoining property's daylight
- overlook into an adjoining property
- affect north-facing windows in habitable rooms on adjoining property
- overshadow an adjoining property.
- Fences feedback form
Use this form when you plan to change your property's fencing.
Who to consult
Check who you need to get feedback from. This depends on which building regulations your plans do not comply with.
|
Regulations |
Neighbours to get feedback from |
|---|---|
|
Regulation 74 |
Both adjoining properties. We may also request the three properties across the street, depending on the planned works. |
|
Regulation 79 |
The adjoining properties opposite the non-complying setback(s). |
|
Regulation 80 |
The properties on which boundary the wall is abutting. |
|
Regulation 81 |
The properties whose windows are affected. |
|
Regulation 82 |
The affected southern properties. |
|
Regulation 83 |
The affected adjoining properties. |
|
Regulation 84 |
The affected adjoining properties. |
|
Regulation 85 |
None. |
|
Regulations 89, 90, 92 |
None, unless specifically requested by us. |
|
Regulations 91, 94, 95, 96 |
The adjoining properties opposite the non-complying fence(s). |
After you apply
We will review your application within 15 business days.
This involves:
- discussing it with other departments, or authorities such as Melbourne Water and VicRoads
- visiting the site
- taking photographs and measurements
- assessing the streetscape and potential impact on immediate neighbours.
We may put your application on hold while we ask you to provide more details.
If we approve your application, you can apply for a Building Permit.
If we refuse your application, you can:
- change your design to comply with our siting requirements
- appeal the decision.
How we assess neighbour feedback
We only consider feedback relevant to the Report and Consent decision.
If your neighbours do not provide feedback, we consider that they support your plans.
Your neighbours can discuss the application with our Building Services team.
When necessary our team can mediate between you and the affected property owners.
If we consent to your plans, we will inform any neighbours who were opposed.
Appeal a decision
You can appeal our decision within 30 business days.
Lodge your appeal to the Building Appeals Board.
The decision of the Building Appeals Board is final.
Neighbours who object to your application can attend the hearing. We may invite them to attend as our witness.
More information
Email the Building Services team at [email protected] or call (03) 9278 4999.