Siting under the Building Regulations and ResCode

Part 4 of the Building Regulations

The Building Regulations contain some 23 separate controls over the siting of houses and outbuildings. The standards used mirror those contained in Clause 54 of the Planning Schemes used in Victoria (below), meaning there is a more or less consistent approach to the height and setback measures applying to house blocks under Building and Planning legislation. As a generic expression the standards are called 'ResCode' although there is no actual publication with this name.

Clause 54 Amenity Impacts (180.03 KB)

How it works

The Building Regulations contain limits on heights, setbacks, positions of windows and viewing platforms, paving materials and carparking spaces.  These apply only to new building work - ie new houses, fences and outbuildings or alterations to these. If the issues listed in the Building Regulations have already been dealt with in a Planning permit application (in Stonnington generally applicable to allotments of less than 500m2) they are not re-assessed with the building permit application.

If a design is required to meet the siting limits of the regulations, but does not, it can still be considered and accepted by Council granting a 'consent and report', often referred to as dispensation, provided it meets certain broader objectives and guidelines provided by the Minister for Planning.

If Council does not agree that a design meets the guidelines it must legally refuse to issue consent and a building permit cannot be issued. The owner wanting to do the work may then appeal to the Building Appeals Board which may overturn Council's refusal if it sees fit.

Neighbour's input

The Building Act requires that Council must give the owner of any nearby allotment an opportunity to make a submission if that person may, in Council's opinion, suffer possible detriment. Council will take any comments into account in reaching a decision as to whether to issue its consent.

Unlike Planning legislation, aggrieved neighbours do not have a right of appeal under the Building Act if they do not agree with Council's decision.

Is a sign put out the front?

No. Unlike Planning applications, advertising is localised and will occur through letters from Council sent to adjoining owners deemed affected. These generally allow 14 days for comment. Council may also consider accepting consents already obtained by the owner, builder or designer - however it should be noted it is Council that decides who is deemed affected and why - therefore Council should be consulted as to whether it will accept this method.

Application Form 

Link to forms for consents and reports, fees

DPCD Pages on residential development