Fences, setbacks and overshadowing Report and Consent

The siting requirements in the Building Regulations 2018 cover:

• the maximum height for your property or fence
• how far your property must be set back from the street or side/rear boundary (minimum setback)
• the distance your property can overlook or overshadow another property.

You must apply for Report and Consent for siting matters when your plans do not meet these requirements.

Before you apply

Check that you have a strong case for not complying with the siting requirements by:

1. consulting an architect or building designer for design advice
2. reviewing the non-compliance with a building surveyor
3. talking to your neighbours about your design plans
4. discussing the design with our Building Services team.

Apply for Report and Consent for Siting Matters

Download and complete the application form for Report and Consent for Siting Matters (below).

Submit the form and supporting information by email to [email protected] or in person to our council offices at 8 Inglesby Road, Camberwell.

When you submit the application, you must pay an application fee of $461.40 per regulation for each building regulation that you do not comply with.

Collect feedback from 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:

• $193.00 for up to 2 adjoining properties
• $85.00 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 it with your application form.

1. Download the relevant feedback form (below).
2. Ask your neighbours to add their comments, to sign the form and your plans.
3. Submit the forms and signed plans with your application form.

Three feedback forms are available. Download and complete the one that fits your situation.

• Use the Street and side boundary setbacks feedback form when you:
  • plan to change your property's side or rear boundary setbacks
  • have a boundary wall with excessive height or length.
• Use the Daylight, overlooking, overshadowing feedback 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.
• Use the Fences feedback form when you plan to change your property's fencing.

Which neighbours to consult

Check which neighbours you need to get feedback from. This depends on which building regulations your plans do not comply with.

How we assess neighbour feedback

• We only consider feedback relevant to the Report and Consent decision.
• If your neighbours don't 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.

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 or 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. Find out how to do this on our Apply for a Building Permit page.

If we refuse your application, you can:

• change your design to comply with our siting requirements
• appeal the decision.

Appeal a decision

You can appeal our decision within 30 business days.

Lodge your appeal with 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.

Works extending beyond a property boundary

Non-siting matters are when your plans meet the Building Regulations 2018 requirements but the building works affect:

• community assets
• existing infrastructure
• amenity.

You must apply for Report and Consent for Non-siting Matters before you can start:

• building works that extend past a street alignment (the line between the street and the property boundary) such as windows, verandahs, awnings, service cabinet doors or architectural features
• building a structure above or below a public facility, such as a bridge between buildings or a car park below street level (a 'public facility' includes roads, footpaths, streets, laneways, parks and any public space)
• building in a flood-prone area
• demolishing all or part of a building
• building a hoarding over a street alignment.

Apply for Report and Consent on Non-siting Matters

Download and complete a Report and Consent Non-siting application form (below). Submit the form and supporting information by email to [email protected] or in person to our council offices at 8 Inglesby Road, Camberwell.

What to include in your application

When you submit your application, also include:

• a current Certificate of Title, including a Title Plan/plan of subdivision. To get a copy of the Title visit the Landata website.
• a cover letter that explains why your proposal does not meet our siting requirements.
• plans for your proposal, showing the length of building works over the property boundary and height above footpath (if relevant).

Fee

We'll email you an invoice for the fee after you submit your application. The fee is $329.60.

After you apply

We will refer your application to our Asset Management team or the relevant authority, such as VicRoads.

We'll assess your application within 15 business days.

More information

For more information, email the Building Services team at [email protected] or call (03) 9278 4999.