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 more information go to the page 'Siting under the Building Regulations and ResCode'). 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.

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