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) Maximum street setback
  • reg. 409(4) Minimum street setbacks
  • reg. 410(4) Building height
  • reg. 411(4) Site coverage
  • reg. 412(2) Permeability
  • reg. 413(6) Car parking
  • reg. 414(6) Side and rear setbacks
  • reg. 415(5) Walls on boundaries
  • reg. 416(6) Daylight to existing habitable room windows
  • reg. 417(6) Solar access to existing north-facing windows
  • reg. 418(3) Overshadowing of recreational private open space
  • reg. 419(9) Overlooking
  • reg. 420(3) Daylight to habitable room windows
  • reg. 421(4) Private open space
  • reg. 422(2) Siting of appurtenant Class 10a building
  • reg. 424(3) Front fence height
  • reg. 425(3) Fence setback on side or rear boundary not complying with reg. 425
  • reg. 426(5) Fence on or within 150mm of side or rear boundary
  • reg. 427(1) Fence on street alignment
  • reg. 428(6) Fences and daylight to windows in existing dwelling
  • reg. 429(5) Fences and solar access to existing north-facing habitable room windows
  • reg. 430(3) Fences and overshadowing of recreational private open space
  • reg. 431 Mast, poles, etc 
  • 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 any applicable local policies or (in the case of residential house siting) Minister's Guidlines.

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.

Forms and Fees

Forms and fees page