Report and Consent Precaution over Council Land

The Victorian Building Authority has produced a Practice Note which outlines the roles and responsibilities of building surveyors and councils with relation to regulation 116 of the Building Regulations 2018, concerning precautions to protect the public whilst building work is being undertaken.

It is the Relevant Building Surveyor (i.e. either the private building surveyor or municipal surveyor, depending on who the applicant has appointed to issue his/her building permits) who must determine when precautions must be taken, both before and during building works, to protect the safety of the public. If these precautions are to be erected over the street alignment then report and consent of the relevant Council must be obtained.

Role of the building surveyor

The relevant building surveyor is responsible for:

  • Deciding when precautions are required through the project.
  • Seeking details of precautions from the designer/builder.
  • Approving the suitability of precautions before building works commence (i.e. type of hoarding, scaffold or gantry and its suitability for the works proposed).
  • Obtaining consent and report of the relevant Council for those precautions to be erected over the street alignment before issuing any building permit.
  • Including details of any proposed precautions when submitting a copy of the building permit application to Council.

Note that the relevant building surveyor cannot issue a building permit unless they are satisfied that any required consent is obtained and, the builder still needs to obtain a local law permit before erecting any hoardings or barricades over Council Land. Refer to the Local Law Permits – Construction page for more information.

What is the process?

Assemble the following supporting documents:

a)      complete the application form below

b)      detailed plans of proposed public protection which include:

  • a full site plan showing the location of hoardings with clear footpath widths indicated
  • all street furniture (i.e. kerb line, nearest intersection street, signs, poles, traffic lights, litter bins, bus or trams stops, street trees, telephone or letter boxes, etc)
  • Traffic Management Plans
  • details of the type of hoarding or gantry proposed (i.e. section, elevations, standard details, fixing details, etc.)

c)      details of safety to the public while precautions are erected and removed

d)      clear and complete building permit application documents (i.e. scope of work giving rise to the requirement for precautions and details of the precautions proposed)

e)      copy of the relevant building surveyor’s document setting out requirement for precautions to protect the safety of the public and written approval of proposed precautions

f)       a covering letter signed by the relevant building surveyor indicating approval of the type of hoarding or gantry proposed and its suitability for the works to be undertaken on the site.

Applications take 10 – 15 business days to assess provided no further information or changes are required.

Application form

Report & Consent Application Form (for Precautions over street (Regulation 116)(DOC, 834KB)

For report and consent applications relating to precautions over street


Building Permit and Regulation Fees(PDF, 79KB)