Report and Consent

Report and Consent is the process of seeking approval for building or construction works that do not meet the requirements of the Building Regulations 2018.

Non-siting applications deal with aspects such as demolition, building in flood prone areas, carrying out works over street alignments, and erecting structures above, adjoining or affecting public assets.

Siting Report and Consent applies to a proposed development when it is outside the Part 5 requirements of the Building Regulations 2018 and the Planning controls do not apply.

Part 5 of the Building Regulations 2018 outlines the ‘siting’ requirements for the construction of a Class 1 Building – a domestic dwelling, or a Class 10 – building or structure. Some of these siting requirements are minimum setbacks, overshadowing, and maximum fence height etc.

If your proposed development does not meet a requirement of the Building Regulations 2018, you must apply for a ‘Report and Consent’. This Report and Consent will form part of the building permit, which you must get from a private building surveyor before you begin building.

For Report and Consent fees view our Building Fee Schedule(PDF, 522KB).

Report and consent application types

Part 5 - Siting

You can apply for report and consent under Part 5 of the Building Regulations 2018.

To streamline the process, all communication will be with the applicant only.

We no longer provide alternative offers to application proposals. As offers are not a legislative requirement of the report and consent process, we are under no obligation to negotiate on the outcome of your application.

If you are unsatisfied with the outcome, you can exercise your appeal rights with the Building Appeals Board within 30 days.

Apply for report and consent

Advertising

Some applications require advertising to adjoining owners of the development site.

We no longer accept adjoining owners’ comments sought by the applicant for Report and Consent applications as per Part 5 of the Building Regulations 2018. Applications that need to be advertised will be done by us without cost to the applicant.

The following regulations must be advertised by Council:

Regulation 73 – Maximum Street Setback

Regulation 74 – Minimum Street Setback

Regulation 75 – Building Height

Regulation 79 – Side and Rear Setbacks

Regulation 80 – Walls on Boundaries

Regulation 81 – Daylight to Existing Habitable Room Windows

Regulation 82 – Solar Access to Existing North-Facing Windows

Regulation 83 – Overshadowing of Recreational Private Open Space

Regulation 84 – Overlooking

Regulation 90 – Fence Setbacks from Side and Rear Boundaries

Regulation 91 – Fences on or within 150mm of Side and Rear Boundaries

Regulation 94 – Fences and Daylight to Windows in Existing Dwelling

Regulation 95 – Fences & Solar Access to Existing North-Facing Habitable Room Windows

Regulation 96 – Fences and Overshadowing of Recreational Private Open Space

Allotments and projections

Any building element that extends beyond the street alignment.

Apply to build beyond the street alignment

Build over an easement

You must apply to build over an easement on your property. We will assess a detail design plan and footing details of the proposed structure to be sure it meets the current guidelines and will not impact on any assets that may be in the easement. 

Apply to build over an easement

Flood area

You must apply to build in a designated flood area. Council will assess a detail design plan and floor levels of the proposed structure to be sure all aspects meet our current guidelines and Melbourne Water Requirements

Apply to build in a designated flood area

Designated stormwater overflow land

You must apply to build in a designated Stormwater Overflow Land. Council will assess a detail design plan and floor levels of the proposed structure, so it meets our current guidelines and Melbourne Water Requirements

Apply to build in a designated Stormwater Overflow Land

Precautions over the street alignment

You must apply before building work commences, and provide protection to the public for the duration of building work, as required by your building surveyor.

Apply for street alignment

Places of Public Entertainment (POPE) permits and temporary structures

Before applying for a POPE permit, applicants must read and understand the Place of Public Entertainment Fact Sheet(PDF, 362KB). If you have any questions, please call our building department on 9581 4131 before submitting your application.

Permission is also required to hold an event on Council land. Refer to Holding an event in Kingston or contact our Events Team on 1300 653 356.

Apply for a POPE permit