Consent and Reports
What is a consent and report?
The Building Regulations prescribe certain matters to which public authorities have a say with relation to proposed building work and, in some cases, completed building work. Councils are one of those authorities and are given the power to consent to and report on permit applications where specified matters of public infrastructure or amenity may be affected.
The prescribed reporting matters dealt with by Councils are:
- reg. 310 Building over an easement (more information)
- reg. 513 Projections beyond street alignment
- reg. 515 Buildings above or below certain public facilities
- reg. 408(3) Setback from a street boundary not complying with reg. 48
- reg. 409(4) Setback from a street boundary not complying with reg. 49
- reg. 410(4) Building height not complying with reg. 410
- reg. 411(4) Site coverage not complying with reg. 411
- reg. 412(2) Impermeable surfaces covering more than 80% of an allotment area
- reg. 413(6) Car parking spaces not complying with reg. 413
- reg. 414(6) Side or rear boundary setbacks not complying with reg. 414
- reg. 415(5) Walls or carports not complying with reg. 415
- reg. 416(6) Building setbacks not complying with reg. 416 (daylight to existing habitable room window)
- reg. 417(6) Building setbacks not complying with reg. 417 (solar access)
- reg. 418(3) Building design not complying with reg. 418 (overshadowing of recreational private open space)
- reg. 419(9) Window or raised open space not complying with reg. 419 (overlooking)
- reg. 420(3) Building design not complying with reg. 420 (daylight to habitable room window)
- reg. 421(4) Private open space not complying with reg. 421
- reg. 422(2) Siting of appurtenant Class 10 buildings
- reg. 424(3) Front fence height not complying with reg. 424
- reg. 425(3) Fence setback on side or rear boundary not complying with reg. 425
- reg. 426(5) Length or height of side or rear boundary fence not complying with reg. 426
- reg. 427(1) A fence within 9m of an intersection
- reg. 428(6) Fence setback not complying with reg. 428 (daylight to existing habitable room window)
- reg. 429(5) Fence setback not complying with reg. 429 (solar access)
- reg. 430(3) Fence design not complying with reg. 430 (overshadowing of recreational private open space)
- reg. 431 Mast, pole, aerial, antenna, chimney flue pipe or other service pipe
- reg. 604(4) Precautions over a street (more information)
- reg. 610(2) Point of discharge of storm water (more information)
- reg. 801 Installation of a septic tank system in an unsewered area or construction of a building over an existing septic tank system in an unsewered area (not applicable in Stonnington)
- reg. 802 Construction of buildings on land liable to flooding (more information)
- reg. 806 Building on designated land
How do I deal with all this?
As you can see, there are a lot of issues to be considered with assessment of a building permit application. The number increased dramatically with the adoption of ResCode measures into the Regulations in August 2001. For most designs however there will only be a few, if any, of the above issues that apply. Building surveyors, architects and other specialists who use these provisions regularly should be able to advise if your ideas or designs require consent and report.
Are these measures compulsory?
No. The consent and report process means it was Parliament's intention (for reporting matters) that the prescribed measures of the Building Regulations are able to be varied. The prescribed measures are ‘as of right’ – ie able to be built without involvement of the reporting authority - however they are not hard and fast regulations, in that alternative designs may be proposed and consented to, subject to meeting the applicable guidelines.
ResCode and New Residential Zones
The Building Regulations contain some 23 separate regulations containing measures for the siting of houses and outbuildings. The standards used are intended to mirror those contained in Planning Schemes used in Victoria, meaning there is a more or less consistent approach to residential height, setback and allotment coverage measures under Building and Planning legislation. As a generic expression the standards are called 'ResCode' although there is no actual publication with this name.
From 19 June 2014 Stonnington's Planning Scheme adopted new 'residential zones' which refine the measures for residential development in areas formerly zoned as Residential 1.
From 19 August 2014 the Building Regulations were amended to cross-reference regulations 409(1), 410(1), 411(1), 412(1), 414(1), 415(2), 421(1) and 424(1) to the corresponding controls under the new residential zones of the planning schemes of nominated councils, including Stonnington. More information is located here.
Forms and Fees
Forms and fees page